NBA Young Boy is all over the internet right now because of his beef with Dirk and everything else going on in his criminal case, and we re going to break that shit down. We re talking about NBA Young Boy s criminal case against him and what s going on with it.
00:10:31.220Now, it shall be unlawful if for any reason...
00:10:34.640And then, boom, you go into, like, the different things, right?
00:10:36.960But for this one, we're going to go all the way down to G here.
00:10:40.560It shall be unlawful for any person, G, one, who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
00:10:49.900See, I didn't even have to look it up.
00:10:51.100I don't like the back of my hand because I used to charge this shit.
00:11:03.860So, there's nine types of people that are prohibited in the United States, okay, guys, that cannot carry firearms from a federal standpoint, all right?
00:11:12.140So, number one, I told you already, the most basic one is felon in possession, right?
00:11:16.060Next is a fugitive from justice, okay?
00:11:18.980So, if you're on the run, three, who is an unlawful user or addicted to any controlled substance as defined in Section 102 of the Control Substance Act 21 U.S.C.
00:11:29.140Remember, guys, when we did the Fetty Wap case, we did all the other drug cases, what did I teach you guys?
00:11:33.020The title 21 is the Drug Enforcement Code, okay?
00:11:38.620Number four, who has been adjudicated as a mental defective or who has been committed to a mental institution, okay?
00:11:44.600So, if you're crazy, a.k.a. if you're on some weird shit, you know, like...
00:11:54.880Number five, who, being an alien, I used to charge this one all the time, too, because as you guys know, I used to work for Homeland Security Investigations.
00:12:00.620We used to catch illegal aliens in possession of firearms all the time, all right?
00:12:06.440Who is being an alien, is illegally or unlawfully in the United States, or, B, except as provided in subsection Y2, has been admitted to the United States under a non-immigrant visa,
00:12:16.140as that term is defined in Section 101A of the Immigration Nationality Act, INA 8 U.S.C. 1001, or 1101, all right?
00:12:26.120And then, six, who has been discharged from the armed forces under dishonorable conditions.
00:12:31.420Guys, I've always said it before, having a dishonorable discharge is one of the worst things you can have on your record, bro.
00:12:36.200And it also makes you ineligible to have a firearm in the United States.
00:12:44.060It's going to be, instead, it's going to be G6 in this case.
00:12:47.060And I actually did a case like this, if you guys want to go down memory lane real fast.
00:12:54.500I was doing a big drug case in South Texas back in 2015, and one of the people that we wanted to talk to was the cousin of the main target, okay?
00:13:30.400So, I went and I contacted NCIS, got all his court paperwork and stuff like that for a dishonorable discharge, and he got caught with a gun by some sheriff's deputies, right?
00:13:39.540So, me and my buddy from the ATF, we used to work very closely together.
00:13:42.100That's why I know all these gun statutes.
00:13:49.720We actually arrest him for having a dishonorable discharge and having two firearms on his possession.
00:13:54.920And I think he had a felony as well, but we hit him with the dishonorable discharge because it's a better, it's a little bit stronger, you know what I'm saying, than just a regular phone of possession.
00:14:05.000So, I remember that we used it, and he didn't want to cooperate.
00:14:07.900We pulled him in, and we said, hey, we want to talk to you, blah, blah, blah.
00:14:14.660But, yeah, he got arrested for getting dishonorable discharge from the U.S. Navy.
00:14:20.180On number seven, who, having been a citizen of the United States, has renounced his citizenship?
00:14:24.620Okay, this is not as common, guys, but there are people out there that renounce their citizenship, you know, whether they want to move foreign and not deal with tax, you know, not deal with American taxes or whatever.
00:14:33.860There are people that renounce their citizenship.
00:14:35.520If you do that, you will lose your ability to bear firearms because you are no longer an American citizen.
00:14:40.700You no longer enjoy that Second Amendment right, okay?
00:14:43.660Number eight, and this is a two-part one.
00:14:48.560A, was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate.
00:14:56.200A, and then B, restrained such person from harassing, stalking, or threatening an intimate partner of such person or a child of such intimate partner or a person or engaging in other conduct that would place an intimate person in a reasonable fear of bodily injury to that partner or child.
00:15:11.200And C, includes, finally, that such person represents a credible threat to the physical safety of such intimate partner or child or, by its terms, explicitly prohibits the use and tempting use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
00:15:29.320Or, nine, who has been convicted in any court of a misdemeanor crime of domestic violence.
00:15:33.640Goddamn, nigga, you could have just put this first.
00:15:39.400And so, all those nine statutes, right?
00:15:41.620You can't have a gun and you can't ship or transport in interstate or foreign commerce or possess in or affecting commerce any firearm or ammunition or to receive any firearm or ammunition which has been shipped or transported in interstate commerce, guys, okay?
00:16:16.980Now, what they're referring to is if you've been convicted in any court of a misdemeanor crime of violence, right?
00:16:23.040So, if you beat on your wife or whatever, even though it's a misdemeanor, it is the one misdemeanor that automatically makes you ineligible to possess a firearm in the United States.
00:16:32.580So, when I was an agent, they used to make me sign this document.
00:16:51.960Lautenberg Amendment is a widely known amendment to the Federal Gun Control Act that prohibits the possession of firearms by individuals that have been convicted of domestic violence misdemeanor.
00:17:19.440So, when I was an agent, guys, every year they would have me sign this document that I had not been convicted or arrested and or convicted for a crime of misdemeanor violence.
00:17:30.440Because, you know, when you're an agent, you know, they do a background check every five years.
00:17:34.520So, are they gonna always do a background check on you?
00:17:36.980And then some guys might get arrested.
00:19:33.880On September 28, 2020, at approximately 1630 hours, a.k.a. 430, myself and the Street Crimes Unit received information from a reliable source that the street gangs that identify themselves as Never Broke Again, NBA, and Bottom Boy, Gorillas, BBG, were at an abandoned lot located at 3866 Chippewa Street, and the empty lot located on the east side of this abandoned residence shooting music video.
00:22:16.800And the empty lot located on the east side of this abandoned residence shooting a video.
00:22:20.920While doing so, it was informed to us by the reliable source that all of these subjects at this location were brandishing firearms, handguns, and long rifles.
00:22:32.380When officers arrived at the above-mentioned location, we observed several subjects standing around vehicles and in an empty lot.
00:22:39.740As we pulled up to this location, three subjects ducked down, then fled on foot from officers southbound through backyards.
00:22:46.380The other subjects immediately opened doors to several of the vehicles, closed them, and walked away from the vehicles toward officers.
00:22:52.560The three subjects that fled on foot, Marvin Ramsey, Joshua Butler, and Kendrick Edwards, were apprehended approximately one block south of the above-mentioned location.
00:23:01.740Sergeant Jay Barcelona apprehended Marvin Ramsey, which he advised him of his rights orally per Miranda.
00:23:07.720And, guys, Miranda writes, as you guys know, you have the rights to remain silent and you say you could be used against you in the court of law, blah, blah, blah.
00:23:13.200So he advised him of his rights, verbally told him, and Ramsey informed him that he had a Glock 21 .45 caliber handgun on his person with these serial numbers, with the serial number, right?
00:23:26.740He informed Sergeant Barcelona that he purchased a firearm from an unknown gun store he had the handgun concealed on his person.
00:23:34.380All subjects on scene were detained and placed in the back of police units due to the large crowd forming at this location.
00:23:41.960A search of the empty lot was conducted, and during which below listed farms were located in the grass of the nearby lot and underneath the abandoned residence located at 3866 Chippewa Street.
00:23:54.540A Glock 27 .40 caliber serial number found along Fenseline vacant lot.
00:23:59.220Bushmaster AR-15 found at grass along Fenseline vacant lot.
00:24:02.600Stagg Arms AR-15 found at grass line behind Dodge truck in a vacant lot.
00:24:08.180Glock 23 found at grass next to road in vacant lot.
00:24:11.840Springfield XD .40 caliber found underneath 3866 Chippewa vacant residence.
00:24:49.940Maybe the Nissan Altima had a small clear baggie of marijuana weighing approximately three grams.
00:24:53.980There was one dosage unit of hydrocodone, a.k.a. Oxy, right, located in a clear baggie in the center console cup holder.
00:25:04.820The other four vehicles on scene, 2020 Cadillac, Escalade, 2013 Dodge Ram, 2006 Acura, and 2013 Chevy Traverse.
00:25:14.140No one admitted to knowing, you mean no, man, this guy is a terrible writer, admitted to owning the vehicles and a search warrant was written and signed by the animal judge Foxworth.
00:25:25.460During the search of the above listed vehicles, the below listed was located.
00:25:31.060Two green bandanas located in the front street.
00:25:33.100Two green bandanas located in the backseat.
00:30:48.220The above listed amount of U.S. currency totaled out to approximately $79,431.
00:30:52.940That's probably more than all these patrolmen make a year.
00:30:56.920The above listed money was seized due to the fact that the five-dosage unit of OxyContin located in the empty lot by the Dodge Ram truck was packaged for the sale of narcotics.
00:31:05.060The 29, uh, grams of marijuana looking at Black Escalade was packaged for the sales of narcotics and the digital scale scattered throughout the empty lot.
00:31:13.960And vehicles are also used to, uh, package and sell narcotics.
00:31:18.500And sale narcotics means sell, my friend.
00:31:22.180So, they took, uh, they, they, they basically were able to say, hey, we're going to take this money because we believe it is the, um, proceeds of drug trafficking.
00:31:33.160And then it's upon them to prove that it's not, you know, drug money, which obviously NBA Youngboy can do that, but they just want to fuck with him at this point.
00:31:40.680All above listed subjects consented to giving their DNA and DNA chick swabs was taken from each subject and dropped in evidence along with their consent forms.
00:31:48.140All subjects also had their L-A-A-C-H check through I-C-I-U and below listed are, okay, L-A basically is their criminal history.
00:32:23.200Okay, which he was supposed to get, if I'm not mistaken, like, 10 years in prison, but he ended up actually just getting, like, three months probation, which is fucking crazy.
00:32:31.600But, uh, you know, that's just, you know, the state is very erratic.
00:33:56.600YB, defendant here, and knowingly, he previously had been convicted of a crime punished by imprisonment for a term exceeding a year.
00:34:02.760A felony convicted, knowingly, did possess firearms that is a Glock Model 2145 caliber, bearing serial number AETT-23, and a Masterpiece Arms Model MPA-3OT, 9mm firearm, bearing serial number FX, with an attached Magpul RBG vertical grip, said firearms, having been shipped and transported interstate or foreign commerce.
00:34:24.580Okay, so what the hell does that mean?
00:34:29.480So, enable for you to, in order for you to get hit with a, um, with a felony possession charge federally, right?
00:34:36.920The, the, so, let's say, I'll take you guys exactly, give me a one in the chat if you guys want me to take you through how the feds prove, uh, that it's a felony possession federally.
00:34:46.240If you guys want me to, give me a one.
00:34:47.360If you guys don't, I'll keep going on with the, with the indictment, because this is, I ain't gonna lie to you, this, this breakdown's gonna take some time.
00:34:52.800But give me a one if you guys want me to break down how the feds charge fell into possession, or give me a two if you guys want me to keep reading that indictment and it's no big deal.
00:35:12.160All right, so, let's say a police officer, as you guys can see, the state took this case first.
00:35:17.700This is a federal case, guys, but as you guys can see, the state came up on the case first.
00:35:22.760So, when someone's arrested or someone's encountered and they're a felon and they have a firearm, right?
00:35:28.460What's gonna happen is, the gun, the firearm, once the firearm is seized, it's gonna be given to the ATF, aka the Bureau of Alcohol, Tobacco, and Firearms, okay?
00:35:37.600And what's gone, and explosives, right?
00:35:39.340We're gonna go official their entire name, okay?
00:36:02.740And I know very well how these guys work because, you know, like I said, I worked with HS, I worked for HSI, but my, one of my good friends to this day, ATF agent.
00:36:10.780So, anytime I had someone that I caught with a gun or an illegal alien with a gun or whatever else, I will go ahead and get that gun and I'd give it to my friend, right?
00:36:21.780My buddy, I'll just call him R, right, for purposes of this.
00:37:59.140But it's just a formality that needs to be done so the feds can come in and take it.
00:38:02.940If you guys have watched this fed it for a while, you guys have probably realized that most of these cases where the feds come in, whether it's racketeering or a felon in possession or whatever it is, typically involves interstate commerce being affected, okay?
00:38:16.000Like, the FBI, for example, isn't going to come in on a kidnapping case unless it affects interstate commerce.
00:39:30.120The above is in violation 18 U.S.C. 922G1.
00:39:33.760So, count two, on or about September 28th in the Middle District of Louisiana,
00:39:37.100Morrow D. Bati, defendant herein, knowingly, he previously has been convicted of a crime punishable by imprisonment for a term exceeding one year,
00:39:45.400a felon, a felony knowingly did possess firearms.
00:39:49.860That is a Glock Model 21, .40 caliber AE.
00:39:52.540Okay, so he had the same guns, it looks like, as your boy, young boy.
00:39:56.560Now, you guys are probably wondering, what the hell?
00:39:58.800Weren't these guns belonging to some of the other homeboys?
00:40:00.860So, let's look at that real quick, okay?
00:41:53.860That is a Masterpiece Arms Model MPA 3OT 9 dot, uh, at 0T, uh, 9mm firearm bearing seal number, whatever, with an attached Magpul RVG vertical grip,
00:42:03.920which firearm was not registered to him in the National Firearms Trace Registration and Transfer Records.
00:42:13.300The above is a violation of Title 26, United States Code Section 5861.
00:42:19.600Okay, uh, which, um, so, so, guys, um, anytime a firearm is purchased in the United States, guys, it's, it's, uh, it's gonna be put in the, uh,
00:42:30.220basically in something called E-Trace that the, the ATF manages.
00:42:34.040And, uh, let's say, uh, let's say, hell, okay, you know, I'll give you guys an example.
00:43:05.400Like, people, the thing is, is that if you have high quality 9mm rounds, guys, there, there's virtually no difference in, in ballistic success.
00:43:11.960So, why not carry 9mm, right, with more rounds that you have so that, you know, if you're getting a shootout or something like that, you have more rounds, bro.
01:14:10.660I was facing the vehicle, and he was coming towards me.
01:14:13.640So, I was, I had to turn around to catch up with him.
01:14:18.040The black and white was right on his tail.
01:14:20.540In order for you to give an estimate of around 45 miles, maybe 50 miles per hour, you had to speed up your particular vehicle to catch up to the patrol vehicles that were behind the suspect vehicle.
01:14:30.740But the position of my vehicle and the position of the street that I was, I was approximately, I was approximately 70 yards away from the residence that Mr. Golden was at.
01:14:41.240So, for him to acquire speed, it normally gets up to speed pretty quickly, pretty swiftly.
01:14:46.320So, I was, so I seen him gaining speed as he came to me.
01:14:50.120You have no idea of the specific speed.
01:15:10.440Because, anytime you're, you have someone on surveillance and you, and you want to get them arrested, right, the safest way to do it typically is through a traffic stop, right?
01:15:23.600And, not only that, somebody said, bro, why he be saying nigga?
01:15:53.360So, anytime you set up a surveillance, guys, and you're, and you're going to arrest someone, right, you're going to have the state and locals with you.
01:16:01.160And the reason why is because the traffic stop is one of the safest ways to pick someone up.
01:16:05.200Mind you, remember, the FBI has information that he has guns.
01:25:37.280And as we were crawling out over comms, the officer that was able to have eyes on it said that the garage is opening up and defendant while suspect is inside.
01:25:45.180We don't know if, as he was pulling out, there was no tint on the windows.
01:25:51.540Okay, so when you said you didn't see anything in his hands when he was walking to the car, did you actually see his hands as he walked to the car?
01:26:02.380And you said that about how long passed between when this traffic stop was, when the police tried to initiate it, and Mr. Golden was actually taken into custody.
01:26:10.880Approximately from, you said, from when the marked unit followed him to the stop, when he actually got him in handcuffs, right?
01:27:22.180It would be very unlikely for him to get a bond in a situation like this.
01:27:24.960But what the government is trying to do is they're trying to strengthen the case for Louisiana, aka why the AUSA from Louisiana is on the teleconference call, okay?
01:27:35.280And saying, hey, you know, she's establishing that he ran from the cops.
01:27:41.180He's a danger to the community so that when he comes back to Louisiana, they're going to have an easier case with not allowing him out, which I ain't going to lie to y'all.
01:29:50.040I always do the, you know, I always do just the USA versus at all because it's going to be like everyone that's involved in the indictment.
01:43:04.820Because ain't nobody breaking down these federal cases to this degree and this detail.
01:43:09.420I've looked at these other YouTubers that do criminal cases, that have breakdowns.
01:43:12.780They don't go to this level, to this degree.
01:43:15.060I'm able to actually explain to you guys with intricate detail what the feds are doing, why the feds do it, how they do it, etc.
01:43:25.220I'm able to actually decipher these court records for y'all and give you guys the clear distinctions between the state, the feds, differences between extraditing with the feds, differences between extraditing between the states, all this stuff.
02:01:28.100So, right, they're mad about the name, right?
02:01:30.160Uh, you know, it was actually, uh, went to his grandfather's house, right?
02:01:34.200So 24 hours, you know, they're basically saying that, basically, they mischaracterized him, right?
02:01:38.480Now, BRPD, Baton Rouge Police Department, Officer Kennedy was first, was the first officer to respond.
02:01:43.860Officer Kennedy's binding camera sets the tone for how the police conducted themselves during Mr. Golden's arrest.
02:01:48.400First, the initial responding officer does not show any fear or belief that he is in any danger as he approaches a group of men standing outside.
02:01:54.340He does not wait for backup and exits his unit alone.
02:02:00.880And he does not report any observing, uh, not, not report observing any weapons to dispatch personnel upon exiting his vehicle.
02:02:07.920Next, he begins to corral the young African-American males and detain them, starting with the first person he can physically grab, despite not observing that person do anything wrong.
02:02:16.800Mr. Golden is nearby and is wearing a purple shirt.
02:02:19.300He has not possession of any firearms or other contraband.
02:02:22.000He remains on the scene and does not flee.
02:02:23.400However, Mr. Golden was detained and within seconds handcuffed and placed into the back of the police unit, where he would remain for several hours until family being brought into the police station for questioning.
02:02:34.720While our discovery review is still ongoing, at this point, we have not observed Mr. Golden being advised of his Miranda warnings properly.
02:02:58.740Number one, when you're a police officer and you roll up and you've got like, you know, 10 plus guys, whatever, there's nothing wrong with detaining them and putting them in handcuffs.
02:03:07.500I know that sounds horrible, but guys, it's a high crime area.
02:03:20.940And detaining and or putting some of these guys in handcuffs because you're more than from, at least from the facts that I have, they're not a one-one call.
02:04:08.240So, he's saying that they didn't advise him of his Miranda rights properly.
02:04:12.260When he is detained, nor do we see him advised of his Miranda warnings when, at various times, officers approach him and dialogue takes place within the unit.
02:04:18.420Certainly, no warnings were given when he was questioned at the police station and no written warning was signed.
02:04:22.940Now, let me tell y'all something about the state.
02:04:26.020With the feds, I'll tell you guys this right now.
02:04:45.160I always used to phrase it a certain way.
02:04:47.260If you guys want me to tell you my little trick, maybe I'll tell you guys later on in the show, a little secret sauce today to get people to talk.
02:05:05.040But the point is, is the reason why you do this, guys, is so that if they give you any statements that you can use, they don't get thrown out.
02:05:15.460Because if you don't Mirandize them, you can't throw them out.
02:05:55.840So state officers, a lot of the time, local police, state police, you know, even like state investigators, they fuck this up all the time, guys.
02:06:04.600I ain't going to lie to you because the state does not have the same burden of proof that the feds do.
02:06:09.060The feds cross their T's and dot their I's, baby.
02:06:26.460More troubling, Mr. Golden's known counsel, James Manasseh, would come out to the arrest scene, make his presence known, and is given the opportunity to speak with Mr. Golden.
02:06:35.040Mr. Mansa would also go to the 1st District Police Station that evening and meet Mr. Golden while he is detained inside of Officer Barcelona's unit and prior to his formal interrogation.
02:06:45.720Law enforcement knew that Mr. Golden was evoking his right to counsel and knew he was represented and yet still attempted to question him without a lawyer.
02:07:20.920You can't you can't you can't like now.
02:07:25.100When Mr. Golden was detained, he had a significant amount of money on him.
02:07:27.680That money was seized under the rules that the jail could not account for such a large sum of cash.
02:07:31.680Despite that claim being untrue, even hours after Mr. Golden's arrest, the officers detaining him could not articulate a single charge for his detention and acknowledge that he knew the money was not drug money.
02:07:40.160Simply put, they had nothing to charge him with until they gained access to his film footage, which would show him handling two guns referenced within this indictment.
02:07:48.620Law enforcement blatant disregard for Mr. Golden's constitutional rights as evidenced by his prolonged detention without any observable crime or failure to provide him with adequate Miranda safeguards and a complete disregard for his right to counsel.
02:08:00.020Set the stage for how little deference law enforcement had for the constitutional provisions that govern the proprietary, the proprietary, no propriety of their course of conduct.
02:08:09.400This cavalier attitude would continue with the preparation of various search warrants, which recovered one of the weapons within the indictment, along with incriminating film footage of Mr. Golden.
02:08:19.640The reason why they were able to take the money is because they articulated that it was for they it was weak, but they still had the ability to do it.
02:08:28.520They articulated that it was for drug distribution, as you guys can see in the police report.
02:08:32.640They wrote there and this is the importance of reading the police report, then reading the suppression hearing to see how see how we're comparing and contrasting things here, guys.
02:08:39.540Right. That's what I wanted to show you all everything so you guys can also see what the hell is going on.
02:08:43.300But we looked at the police report and in it, they seized it because there were there are distributable amounts of drugs and it was packaged in certain ways where they were able to articulate that it was drug trafficking.
02:08:56.120Now, is it plausible that eighty thousand dollars that they found was all from drug trafficking and not from him being a fucking famous rap artist?
02:09:03.600No, but it was it allowed them to seize the money at that point.
02:09:13.300The defense seeks to suppress the entirety of the film footage documenting Mr.
02:09:17.540Golden's whereabouts, though a more specific focus will be upon the footage of him possessing the weapons found in indictment on or about the date list and therein.
02:09:33.560Golden, his awareness that the accused had the means to legitimately possess large sums of cash and even commented to other officers that they had detained his control cameraman.
02:09:43.820Golden is one of the most popular rappers on YouTube, and his videos have reached record level heights, according to Rolling Stones magazine.
02:09:49.760In fact, his YouTube videos have been viewed more than eight billion times.
02:09:53.900OK, what are the what is the defense establishing here that they knew that he has money?
02:10:07.340Golden owns the footage with all the property and privacy interests that accompany such viewership until such a time as he may choose to make select portions or clips of the footage public by incorporating the select clips into a futuristic music video.
02:10:34.960Golden's private life in a very intimate way that may only be viewed by law enforcement if they had embedded undercover agents within his closest inner circle.
02:10:44.300This private film footage is called B-roll film.
02:10:48.020It simply documents the artist in real life or behind scenes and proportions can be used down the road when necessary for commercial use.
02:10:55.500Golden or his production team deem portions of it consistent with the artistic messaging needed for a particular video or social media post?
02:11:02.760The sheer volume of private information collected by law enforcement, particularly concerning as it is believed that the seizure of this equipment has placed law enforcement into possession of footage documented Mr.
02:11:12.300Golden's most private moments for the past year.
02:11:14.980They were only able to gain access to this information by an impermissible seizure of the hardware containing the footage and search of its content.
02:11:34.860If you guys want me to continue breaking this down in the same detail that I've been doing, give me a one in the chat.
02:11:41.580If you guys want me to speed it up a bit, give me a two in the chat.
02:11:44.980I'm going to go up with what the people want.
02:11:46.480One in the chat, if you guys want me to keep going at this detail where I'm reading the, you know, the document with y'all, right, taking our time.
02:11:53.220Or two, if you guys want me to speed this up a bit.
02:12:20.600I'll give it like another five, five, ten seconds.
02:12:24.200I want all the, remember guys, one in the chat, if you guys want me to keep going in this detail, two if you guys want me to speed it up a bit.
02:12:30.660I think just to give you guys an ETA, I think if I keep going at this rate, I could probably get this done within the next hour.
02:13:24.420So, our supporting memorandum will lay out more of the legal basis supporting this constitutional violation, but the crux of our argument rests upon one, material misrepresentation made to get the search warrant, coupled with the other constitutional violations referenced within the discussion on why all Mr. Golden statements to law enforcement need to be suppressed, and two, facial flaws within the warrant itself as well as the supporting affidavit.
02:13:46.840The warrant to search the camera and accompanying SD cards was requested by BRPD officer Joshua Barnett.
02:13:52.220This guy, we got a lot to talk about with him.
02:13:56.980The warrant seeks to search the camera Mr. Ramsey was holding when he was detained along with electronic storage devices recovered during the search of an Escalade associated with Mr. Golden.
02:14:05.260The warrant's opening salvo is perhaps the most misleading as it contains at least five material misrepresentations.
02:14:11.040It references information from a reliable source, number one, two, concerning two named street gangs, three, brandishing firearms, four, while filming a rap video by an abandoned house, all of these statements are false.
02:14:26.240These statements were made with reckless disregard for the truth, and law enforcement knew or should have known that these representations were false and misleading.
02:14:33.420First, the reliable source appears to be a neighbor calling 911, yet the supporting affidavit contained no information that would allow a magistrate to adequately assess the credibility of source or the reliability of the information provided.
02:14:47.600So, when you say that you got a reliable source, guys, an informant, you have to be able to establish in the affidavit why that informant is reliable.
02:14:58.280If you guys remember, we did the affidavit, I think, was one of the drug cases I broke down.
02:15:05.520And in it, you guys saw, you know, informant one is such and such, and informant one has been documented to be useful in such and such investigations, et cetera.
02:15:14.640So, whenever you bring in a reliable source, you need to be able to document how that reliable source has been reliable in the past, okay, in the affidavit.
02:15:24.560Now, at the state level, you might not need to do that, okay, which is why a lot of the times state search warrants get tossed in federal court because the state, okay, the threshold to get a search warrant for the state is here.
02:15:38.180The threshold to get a search warrant at the feds is here, guys.
02:15:41.300It's extremely difficult to get a federal search warrant.
02:15:43.840So, what a lot of people do is they try to circumvent and they get a state search warrant, okay, and a lot of the times state search warrants get thrown out because they have bullshit.
02:17:02.520Fifth, the caller actually suggests the young men were in front of their grandfather's home, which is adjacent to the vacant lot in an abandoned home.
02:17:11.640The tone of the opening sentence suggests a potentially hostile situation was taking place.
02:17:16.180Such suggestions, contrary to the tone of 911, are not consistent with the actions of the first responding officer,
02:17:23.560whose body camera footage demonstrates neither a subjective apprehension by the officer or an objectively reasonable fear,
02:17:29.560since no one is holding guns as far as counsel can tell.
02:17:32.960The police asked to search the camera and related accessories because they believe it would have footage of people handling weapons,
02:17:38.940and they believe that several suspects in custody were convicted felons.
02:17:42.960The only basis for that belief is the reliable source, which is a 911 caller who did not mention the video.
02:17:48.520They simply had no evidence to provide the judge what would be on the camera, much less who it would implicate further.
02:17:56.260Even if the court finds that there was adequate probable cause to search the footage filmed that day,
02:18:01.040law enforcement indiscriminately seized nearly a year's worth of footage from various devices and evidence on scene that was processed in a sloppy manner
02:18:09.440such that it is impossible to identify where the device, which the incriminating footage, was actually located and recovered.
02:18:17.500Okay, this is very important, guys, because when you do a search warrant, you need to clearly articulate what you're going to search,
02:18:23.180what you're looking for, and why you have enough evidence to search whatever it is, whether it's a device, a home, whatever it is, a phone.
02:18:31.220Additionally, the warrant is completely signed regarding a similar call and home search the day before.
02:18:38.340We believe this omission was an intentional act by the Affiant.
02:18:41.960The search warrant was signed at approximately 9.54 p.m., roughly five hours after Mr. Golden was effectively arrested on September 28, 2020.
02:18:48.940When these misrepresentations are excised from the warrant, there simply is no basis whatsoever to search the camera or its components.
02:18:58.720Lastly, the plain language of this warrant lacked the specifically required for a constitutional search.
02:19:03.620On its face, the warrant seeks to search the address of 3866 Chippewa Street, Baton Rouge, Louisiana,
02:19:10.200to locate a Sony 7R camera, MacBook Pro computer, and SD cards.
02:19:15.260The language of the warrant does not authorize the extraction of any electronic data contained within these devices
02:19:21.780and orders the Affiant, too, if things specified are found there, to seize it and hold them and save custody pending further orders of the court.
02:20:39.540Destruction of evidence, fleeing, you know, is a big one, destruction of evidence.
02:20:44.000So, let's say I'm about to, you know, I'm about to, you know, I'm chasing a guy and I know that he's going to fucking destroy evidence or whatever
02:20:50.860and I need to go search an area, you know, that's a big one, right?
02:20:54.320That's a big exception to the rule or hot pursuit.
02:20:57.620You know, these are all exceptions in general.
02:20:59.800But you need a warrant 99% of the time, guys, okay?
02:21:04.100And the fact that they found the SD cards and everything else like that,
02:21:08.640they should have done another step and gotten another search warrant for the SD cards and for the cameras, okay?
02:22:01.980The dumbass dude that's getting drunk on South Beach that gets into a fist fight, he gets prosecuted by ADA.
02:22:07.560The guy that goes ahead and does capital murder and shoots his girlfriend in the head because he wants to get life insurance, that's going to go to ADA.
02:22:14.940So they have everything, guys, in between, from the frivolous bullshit cases all the way to capital murder.
02:37:10.000Corporal Barnett of the streets crime unit applied for warrants to search the Cadillac and Acura at around 630 and 645 p.m. respectively.
02:37:18.100Just Foxworth Roberts of the 19th Judicial District issued warrants to search the Cadillac and Acura by 7 p.m.
02:37:23.180A firearm was found in the Acura, and more SD cards were found in the Cadillac.
02:37:27.100Those SD cards were found in the camera bag for the camera that Ramsey possessed.
02:37:30.540The bag also contained firearm magazines for the firearm that Ramsey possessed and a letter addressed to Ramsey.
02:37:36.020Golden is charged with possessing the firearm found in the Acura and seeks to suppress it.
02:37:41.560Around 930 p.m., Corporal Bennett applied for another warrant seeking authorization to search all of the SD cards, the camera, and MacBook found to see.
02:37:49.020Judge Foxworth issued the warrant before 10 p.m.
02:37:51.560Okay, so he did get another search warrant.
02:37:53.740The subject in search of the SD cards yielded images and video, the SD media, that appeared to show Golden possessing firearms.
02:37:59.840Golden seeks to suppress the SD card media.
02:38:02.760Golden attacks the evidence in several ways.
02:38:04.220First, he argues that the firearms and SD card media are fruits of the illegal detentions of Golden Ramsey and the people arrested on September 28, 2020.
02:38:12.080He seeks suppression under the fruit of the Poisonous Tree Doctrine.
02:38:14.260Okay, guys, what is the – give me a one in the chat if you guys want me to break down what the fruit of the Poisonous Tree is.
02:38:21.200One of you guys want me to break it down.
02:38:22.480Two of you guys don't want me to break it down and continue on.
02:38:25.300One of you want me to break down fruit of the Poisonous Tree.
02:38:27.660Two of you guys want me to just continue on and you already know what it means.
02:38:55.240Well, since I didn't get a – but since I didn't get a search warrant to legally go into that home to search, now all that evidence is thrown out.
02:39:07.200It cannot be used against the person in the house.
02:39:11.720That is the fruit of a Poisonous Tree.
02:39:13.560And everything else that comes from it is now null and void.
02:39:17.500You know, and the reason why the fruit of the Poisonous Tree exists is to let law enforcement know that if you illegally obtain evidence, it's going to fuck up your entire case.
02:39:28.840So you find drugs, you find a gun, whatever it is, it don't matter.
02:39:32.980It's going to get thrown out as evidence because you illegally obtained it by violating someone's Fourth Amendment rights.
02:39:41.280This is Golden's only argument for suppressing the firearm found in Ramsey's possession.
02:39:48.020Second, Golden challenges the warrants for the Cadillac and Acura.
02:39:51.460And remember, guys, Golden isn't actually challenging this.
02:39:55.640He argues that the warrants were unconstitutional under the Fourth Amendment because they lack particularity.
02:40:00.920Morally, he charges that the probable cause affidavits used to obtain the warrants, all authored by Corporal Bennett, contain numerous falsehoods and material omissions,
02:40:07.500and so the warrants are invalid under the Supreme Court's decision in Franks v. Delaware.
02:40:24.760Let's do some research here at Fedit, okay?
02:40:27.560Franks v. Delaware is a United States Supreme Court case dealing with defendants' rights to challenge evidence collected on the basis of warrant granted on the basis of a false statement.
02:40:39.560So it's a case precedent that set precedent that basically if you get a warrant off of false statements, you cannot – the whole warrant is thrown out.
02:42:09.600The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue,
02:42:20.340but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
02:42:29.320So, in other words, you can't violate someone's rights unless you get a warrant, and that warrant must be based on probable cause and supported by oath or affirmation,
02:42:54.680Fourth Amendment standing as to the firearms.
02:42:56.360Okay, Galvin's Fourth Amendment standing as to the firearms is shaky because the firearms were not recovered from his person.
02:43:02.560Therefore, he invokes the fruit of the Poison Street Doctrine.
02:43:04.700The fruit of the Poison Street Doctrine prohibits the introduction or trial of all evidence that is a derivative of an illegal search or evidence known as the fruit of the Poison Street.
02:43:13.940However, not all evidence is excluded merely because it would have not been discovered but for a constitutional violation.
02:43:19.900Instead, the question is whether granting establishment of the primary illegality, the evidence to which the instant objection is made, has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint.
02:43:36.660So, okay, what the fuck does that mean in English?
02:43:38.760Okay, so it basically means if they were able to get that evidence in a legal way, then it's okay.
02:43:46.080But let's be honest, 9 out of 10 times, if you get a search warrant and it was done incorrectly, you would have never got that fucking evidence in that house.
02:45:07.520So, I had a right to be at that house and on that property, and the door flung open, even though I didn't have it written on the search warrant, and I saw the drugs, inevitable discovery.
02:49:47.160Instead, the court applied the established rule that a passenger in a vehicle that is stopped by a police officer is seized within the meaning of the Fourth Amendment.
02:49:53.860Therefore, Fields had standing to contest the seizure and the farms as fruit of that seizure.
02:49:59.680The court held that Fields was unconstitutionally seized and the farms must be suppressed as fruits of the unconstitutional seizure.
02:50:09.700Golden relies on footnote 60 in Fields.
02:50:11.820It is not the case that the fruit of the poisonous tree doctrine applies only when the defendant has standing regarding both the violation which constitutes the poisonous tree and separate standing regarding the evidence which constitutes the fruit of the poisonous tree.
02:50:25.140Therefore, the Fields defendant could challenge the seizure of his person as a violation of his privacy interest regardless of whether he could establish a property interest in the item he sought to suppress.
03:14:56.900And this is like another investigative technique.
03:14:58.440I'm giving you all some sauce right now.
03:14:59.820I'm not going to go into full detail about it.
03:15:01.520But just understand that if you get information that's going to lead to a bust or lead to some kind of action, right?
03:15:08.100And it comes from an informant, you're going to need to wall it off to a degree unless you don't give a fuck about burning your informant.
03:15:13.960Now, for them to have information like that about guns and the day and the time and everything like that, more than likely there's a snitch involved.
03:15:23.780What this dude fucked up was is that he did not wall it off properly if he's trying to protect his informant.
03:15:30.480Which, to me, it sounds like that because they keep referring to a reliable informant, but then they have a 911 caller.
03:15:35.220I think it's two different people, guys, honestly, is what I think.
03:15:38.180I just think that the officer was not sophisticated enough to understand how to properly wall off an informant.
03:15:45.940This is the difference between a detective, a patrolman, and a special agent.
03:15:51.200When you're an agent, you know this shit because you have informants all the time.
03:15:55.140Guys, when I was an active agent, I had, at one point, I controlled, like, I controlled somewhere between, like, 8 and 10 different sources of information, right?
03:16:08.980Some of them were documented informants.
03:16:10.440Some of them were cooperating defendants.
03:16:12.040Some of them were just sources of information.
03:16:13.960Some of them were people that just would call me to give me information because they liked me.
03:16:42.680Most informants are paid or they get some kind of benefit, whether it's immigration benefit or they get paid or whatever it is.
03:16:48.360And then, number three, you want to continue to use them, okay?
03:16:51.720Because a lot of the times the best informants give you information on, like, multiple cases because they're involved in so much different criminal activity.
03:16:58.020They're like a middleman in this case.
03:17:31.100You are not going to sit there and double investigation, operation never free again, and make it federal and have the FBI involved and all this other stuff if you don't have informants in place, okay?
03:17:42.060The problem is, is that the patrolman, the Baton Rouge Police Department, whoever was assigned, and I'm willing to bet, I am willing to bet, someone on that street crime task, that street crime thing, is a task force officer with the FBI.
03:17:59.320One of those patrolmen is more than likely a task force officer with the FBI or some kind of federal agency, which is how they were able to even get this motherfucker into a federal court in the first place, okay?
03:18:15.040Now, if you guys want me to, give me a one in the chat and I'll explain what the hell a task force officer is again, because I want you guys to really understand this prediction here.
03:18:22.460Give me a one in the chat and I'll explain what a task force officer is.
03:18:26.220If you guys remember what it is, then I won't go through it.
03:18:28.260Two in the chat if you guys don't want me to do it.
03:18:29.920One in the chat if you want me to, if you want me to explain what a task force officer is.
03:20:58.560It's very difficult to get overtime and night differential pay and all the other stuff as a federal agent.
03:21:05.640The only people that really get those guys are guys that work in secret service or diplomatic security service.
03:21:11.380So if you do some type of protection detail, yes, you're going to get overtime.
03:21:15.980And then the other way to get it is when you do Title III wire intercepts, which I talked to you guys about on another episode because those require a lot of manpower, a lot of time.
03:21:22.740So, yeah, you can go ahead and get paid overtime through T3.
03:21:27.420But in general, it's very difficult to get overtime as a federal agent.
03:21:31.560So let's spin it back to what the hell I was talking about.
03:21:43.160The federal agency pays for the overtime because they have a lot of federal funding for police departments to bring task force officers on because it's free, basically labor.
03:21:51.360And on top of that, they pay for the overtime.
03:23:21.660Whether they're assigned as a full-on task force officer, full-time or a part-time task force officer, someone is working with the FBI in that group.
03:23:28.280And there was probably an informant involved that they didn't want to disclose.
03:23:32.760So the Bureau or the, yeah, probably the FBI because it was, you know what, you want to know how I know it was the FBI that did this case?
03:23:39.300Because it was FBI, LA that went ahead and coordinated the arrest of NBA young boy in Los Angeles.
03:23:46.680If it was HSI, you ain't going to tell the FBI, oh, help me out.
03:23:49.560No, you're going to get your HSI office in LA to help you.
03:23:52.560If you're DEA, you're not going to say, oh, FBI, LA, I need help.
03:24:32.200Those are guys, like, basically that oversee, like, you know, waste, fraud, management, whatever it is.
03:24:35.880Those guys have a big office in Los Angeles and a big office in New York.
03:24:39.560So there's no fucking way that, you know, it's going to be another agency, another federal agency that is based in Baton Rouge that's going to hit up the LA FBI office randomly.
03:24:48.720Like, hey, can you help me arrest the NBA young boy?
03:24:51.000Like, we got a warrant for his arrest.
03:24:52.020It's like, no, if anything, if you want to, let's say I'm an HSI agent in Baton Rouge and I had a warrant for NBA young boy, right?
03:25:06.340I'll reach out to HSI Los Angeles, right?
03:25:09.600I'll be like, yo, I got a warrant for his arrest.
03:25:11.360I know he's in your area of responsibility.
03:25:13.300Me and that agent that gets my case, right?
03:25:15.240Remember, I told you guys that you send a collateral off earlier in the show, you send a collateral off, and then that agent now has your case number, but in the LA version, in the LA version of the case, me and him coordinate, listen, bro, is it going to be too much work?
03:25:27.760If it's going to be too much work, let's delegate it to the marshals.
03:25:30.620That's how you do it at the federal system, because the marshals are responsible for getting fugitives, not necessarily these investigative agencies.
03:25:38.260Most of the time, I didn't give my warrants to the marshals unless, like, I didn't do it.
03:25:42.820In Miami, I did it because I knew that the marshals guy, no, excuse me, in Laredo, when I was in Laredo, Texas, I used to delegate my warrants to the marshals because the marshals guy was a friend of mine, so we used to go and do it together because it was fun, right?
03:25:54.880And they had a bunch of, like, cool toys that you can use when you go out and do these arrest warrants.
03:25:58.040But when I came to Miami, I didn't delegate my warrants to the marshals.
03:26:07.240But regardless, if you do it yourself and the guy is another heir of responsibility, you're going to coordinate with that respective office to get that guy, not another fucking agency.
03:26:15.760So, to summarize, I know for a fact the FBI is probably the main lead agency on this case because it was FBI LA that took the case.
03:26:24.200We just read the whole goddamn transcript on there, right?
03:26:26.440There was an FBI agent testifying at the court, so I already know they have a vested interest in there.
03:26:30.680Then, number two, the Baton Rouge Police Department, definitely one of those people that was involved in that arrest is probably a task force officer assigned to the FBI, Safe Streets Task Force in Baton Rouge, part-time or full-time, one of the two.
03:26:43.100And they probably had an informant involved, and they fucked up, and they didn't properly wall off the informant.
03:26:50.640They tried to conflate the informant and the 911 caller, fucked up the warrant.
03:26:56.300They didn't write a federal search warrant probably because they didn't want the NBA camp to know that there was a federal investigation against them, right?
03:27:02.760And they used the officers from the Baton Rouge Police Department because those guys are familiar with these dudes.
03:27:14.300We're just going to fucking come in and round you guys up and cuff you up and all that other shit.
03:27:17.360The mistake they made on this one was their search warrant was trash.
03:27:21.900The NBA young boy has the money to fight this back, and he hired a great attorney, a great legal team that was able to see basically the fuck-ups from the state officers.
03:27:35.980And I think this was a blunder because more than likely I'm willing to bet that there was an informant involved in this that they did not want to disclose, and they tried to wall them off, and they failed.
03:27:46.800And they tried to take the easy route by going with state search warrants.
03:28:16.360Like, he's not out of the water yet because keep in mind they found the gun on him in Los Angeles.
03:28:23.700So I would not be surprised if FBI Los Angeles doesn't move to charge him without a possession again out of the Central District of California.
03:28:37.240And the only reason they probably didn't charge him was because they probably didn't want to, like, reveal their hand too, too much that the FBI was looking at this dude heavily.
03:28:44.480But that came out during Discovery when they saw the Never Free Again shit.
03:28:51.440So, yeah, they might indict him for the fountain of possession again for having the gun and running away from the cops while he was there in California.
03:29:04.120So that's the one thing that I would be concerned with because they – and I know they might say, oh, well, no, isn't it a fruit of a poisonous tree because they got an arrest because of that, whatever?
03:29:13.940Well, they might be able to argue good faith in that case because the police officer – the agents that went – when they went to go get him, they were acting good faith because they had a legit arrest warrant from another district.