I'm curious about this video (TYRANT ALERT PHOTOG ATTACKED BY FEDERAL AGENTS - MICHAEL HODSON U.S. CUSTOMS AND BORDER PATROL) of a federal LEO (law enforcement officer) who is egregiously assaulting/battering a citizen without even a legal pretense. He did so both on the federally managed grounds and on the ME easement.
My questions regard the legal limitations and boundaries of a LEO's jurisdiction and how criminal conduct color the rules for jurisdiction. When the LEO violently assaulted the citizen on the easement is he out of his jurisdiction? Suppose for the sake of argument, the LEO has jurisdiction limited to the property with the easement in question. Under the general question of where or not jurisdiction ends in an easement a few specific questions come to mind:
- If a LEO acts entirely on the easement, due to events that happened entirely on the easement, does that have any impact on the legal authority of the LEO?
- Is there any immediate or long term legal consequence for an officer committing crimes or doing so egregiously (with or without qualified immunity) while out of his jurisdiction as opposed to doing so in his jurisdiction?
- For instance, could a civilian defend himself against violent assaults from an officer while out of the LEO's jurisdiction that he could not legally defend himself from while the LEO were fully in his jurisdiction?
- Are other officers bound by law to arrest or stop other officers committing crimes outside of the jurisdiction when they are normally allowed discretion to allow fellow officers to flout the law?
- Does an officer loose the qualified immunity defense or other legal defense when doing illegal things out of his jurisdiction?
Are there any important nuances to jurisdiction and law enforcement by LEOs that a first amendment auditor should be aware of?
*** VIDEO CONTEXT The video show a first amendment auditor and legal activist taking video of a federal facility, U.S. customs and border patrol. Before he can enter the facility or say a word to anyone he is threatened by his soon-to-be asailaint, a federal LEO. I know this is illegal for the LEO to do, and so does the first amendment auditor. This is a matter of clearly established law. At this point it is likely only a civil matter because the officer has given prior restraint to limit the auditor's clearly established legal rights.
The auditor says "Don't touch me!", then the belligerent LEO repeatedly shoves, slaps, and threatens with frightening words. While the assaults/batteries happen the auditor is trying to explain the law and give notice of the DHS memo that verifies the auditor's right to record and then he threatens legal action with phrases like 'You're going to get fired/loose qualified immunity/etc for this!'
I'm taking it for granted that the cop knowingly broke the law even before the easement. Certainly, he should have known. It seems like a civil matter at this point, before the easement, because cops are given special privileges while on duty that allow them to commit certain crimes without obstruction from civilians. *I'm not merely saying cops are legally allowed to do things that civilians cannot legally do. * I'm also suggesting that cops effectively can break the laws even they are under, as there are often laws against resisting an unlawful arrest even if this is a privilege to temporarily break the law it is nonetheless permission to break the law in often egregious ways at least while acting under the color of law. As other officers witnessing the crimes of fellow LEOs often have discretion, this is effectively a license to commit crime at least for a while. I'm not debating the merits of this, but merely stating what I believe to be relevant facts leading up the question of whether or not civilians can ever restrain criminally acting violent LEOs in any lawful way in the context of easement law.
The LEO went beyond what is his normal lawful jurisdiction for protecting against criminals not just by committing crimes himself, but by going into the easement of the property and into the public street. He pushed the auditor into the public street or highway - I can't tell which. He then threw the auditors equipment into the street. The auditor claimed this easement was not his lawful jurisdiction. So now I'm interested to know if any LEO is ever restricted in jurisdiction by an easement in any way and if federal LEOs like this one, who are normally restricted to enforcing laws on a property, are restricted in any way by easement laws. As a concrete example related to the video content, could this LEO observe a person peacefully walking along the easement and then shove him into traffic while having the full protection of laws that prohibit obstruction of unlawful officer action or could the auditor or civilian observers legally have defended the auditor in this simplified example by responding in kind by for instance restraining the belligerent LEO? For the sake of understanding the law, let's consider just the example of an auditor that was on the easement of the property the LEO has jurisdiction on but not ever beyond that.
- I'm not asking about the violent assault while within his jurisdiction except to contrast to the assault within his jurisdiction.
- I'm not asking what is prudent for either an average citizen or a seasoned first amendment auditor and legal activist to do in this situation. These are rather questions of de jure law.
- I'm not asking about the jurisdiction for a citizen to effect a legal citizens arrest.