youtu.be/8RTgifv3xP8 A River Ridge man whose frantic arrest was captured on a video that made its way around the Internet on Thursday said he was wrongfully arrested while authorities claim he was taken into custody for resisting an officer. Donrell Breaux, 26, of River Ridge, was arrested after refusing to provide identification and then attempting to go inside his residence, according to Col. John Fortunato, spokesman for the Jefferson Parish Sheriffs Office But Breaux said he feels the arrest was unlawful and questioned the relationship between the responding deputy and the neighbor with which he had a dispute. I knew he (the deputy) was a personal friend (of the neighbor), Breaux said, and I thought it was an unlawful arrest. I dont have to submit to an unlawful arrest. Part of the encounter was recorded by Breauxs friend, Eric Banegas, and posted on Facebook on Tuesday (April 1). As of Thursday evening, the video had been shared more than 37,800 times. YouTube version of video, incorrectly titled New Orleans Police Officer... Two versions of events The incident occurred in the 200 block of Marmandie Avenue in River Ridge. A resident called 911 just before 3 p.m. to report that a man at a neighboring home was cursing at him, Fortunato said. The resident told the responding deputy that he was sitting outside with his wife and children when he overheard people at the residence using profanity. He said a man later identified as Breaux began directing profanity-laced sentences at him and his wife and children after he asked them several times to stop, Fortunato said. In addition to the profanity, the neighbor told the responding deputy that he could smell marijuana coming from the area where Breaux was standing. He said felt threatened and wanted to press charges, according to Fortunato. The deputy went over to Breaux and Banegas residence with the intention of issuing a misdemeanor summons, Fortunato said. But he, too, smelled marijuana as he approached. The deputy asked for identification. Breaux said he did not have any on his person, but told the deputy he might have I.D. inside and turned to enter the house, according to Fortunato. After he refuses to present I.D. and tries to go into the house, now (the deputys) going to do a physical arrest as opposed to a misdemeanor summons, Fortunato said. Breaux attempted to close the door on the officer and the two briefly struggled before Breaux was taken into custody, according to the Sheriffs Office. Unlawful arrest Breaux said he and friend Eric Banegas were standing on Banegas front porch and talking. He admits to using profanity, but said they were cracking jokes amongst themselves. It wasnt to the point that we were loud and disturbing people, Breaux said. The neighbor walked out of his house and warned the two to watch their language. But Breaux said the neighbor was belligerent, and used profanity, as well, prompting a brief verbal confrontation that ended with the neighbor telling them he was calling the police. He threatens to call the police all the time about stuff in the backyard and stuff going on inside the house. Things like theres too many cars in the driveway, said Breaux said who felt the neighbor was out of line. But Breaux said there officer walked up and immediately tried to place him under arrest after speaking for a few minutes to the neighbor. Then, hes grabbing my hoodie with handcuffs out. He said, Let me see some I.D., and grabs my wrist and says, Youre under arrest, at the same time, Breaux said. I thought it was unlawful. Thats when Banegas video begins, according to Breaux. He was eventually booked at the Jefferson Parish Correctional Center in Gretna with battery of a police officer, resisting arrest with violence, and disturbing the peace by using offensive, derisive or annoying words, according to an arrest report. He was released Monday (March 31) on a $6,250 bond. Banegas on Thursday said no one was smoking marijuana at his home, despite the allegation made by the Sheriffs Office. Deputies did not find any evidence of marijuana in the house, according to Fortunato, who said they did not conduct a search of the residence. Breaux, who has been living at the Marmandie Avenue address since December, said he recognized the deputy as a friend of the neighbor. Ive seen him at the residence before, he said. Breaux said the same about a second officer seen arriving to help the deputy near the end of the video. From the footage, its not clear whether the officer is a Sheriffs Office deputy. Breaux said the second man is an officer with the East Jefferson Levee District Police Department and had also been to the neighbors home, possibly as a guest. These are personal friends, Breaux said. I wish I had friends that I could call and have them handle personal vendettas that I have with my neighbors. Attorneys weigh in Jancy Hoeffel, a professor in criminal law and constitutional criminal procedure at Tulane University Law School, and Dane Ciolino, a criminal law professor at Loyola University Law School, viewed the video and weighed in on some of the legal questions about the arrest, including whether the deputy had the right to enter Breauxs residence. From just the video, Ciolino said there doesnt appear to have been any exceptions to the Fourth Amendment, which protects citizens against warrantless searches of their person, house or property. Such exceptions include emergencies in which the deputy suspects his entry is necessary to protect the public or preserve evidence. Here, theres nothing like that, he said. He later added, What the officer probably should have done was gone and gotten a warrant for the guys arrest. Hoeffel said residents dont have to allow an officer to enter their home, show identification or cooperate unless the officer is engaging in a lawful investigation or a lawful arrest. The question is whether the arrest was lawful and the officer had probable cause. A 911 call does not necessarily give an officer probable cause in a case. But if a neighbor is able to explain a claim of a criminal behavior, such as disturbing the peace, then an officer can go and make an arrest, according to Hoeffel. Thats probable cause, she said. You dont have to get the other persons side, but you should. The law allows citizens to resist an unlawful arrest. Its hard for a citizen to know if a lawful arrest is occurring if they dont know what theyre being arrested for, Hoeffel said. The Sheriffs Office said the deputy did inform Breaux that he was under arrest for resisting an officer. But Breaux can be heard several times in the video asking why he was being taken into custody. Under the Louisiana code of criminal procedure, citizens also have the right to be informed of three things: the officers intention to make an arrest, the authority to arrest the person and the cause of the arrest. But a citizen cannot declare an arrest unlawful and resist just because they havent been informed of the reason for their arrest. You cant have citizens second-guessing whether the officer has probable cause, Hoeffel said. It has to be absolutely clear that the officer has no basis to make an arrest as opposed to guessing that he has no basis. That doesnt appear to the case with the incident in River Ridge, according to Hoeffel. Still, she said its just good policy to inform a citizen of the reason for an arrest. The tape shows you exactly why the officer should follow that policy. Its safer for the officer and the citizen, she said. Hoeffel counsels youths about their rights, but she said she tells them to cooperate, in the moment Cooperate now, litigate later, she said. I admire people who stand up for their rights. At the same time, its for their safety. In general, things only get worse if you dont cooperate.
Posted on: Sat, 16 Aug 2014 00:34:05 +0000
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