By John Dobberstein, Editor
A Broken Arrow police officer has been placed on administrative leave while the department investigates an incident where a homeowner was arrested.
Broken Arrow police responded to the 1200 block of West Quincy Street on May 29 for a parking violation that had turned into a disturbance.
Two officers visited the vehicle’s owner, which turned into a confrontation and resulted in the man’s arrest inside his home. The man isn’t being named by the Sentinel because no formal charging information was available Wednesday.
Broken Arrow Police Chief Brandon Berryhill said a routine report review led to the incident being reviewed by his office, and the officer was placed on leave per department policy and the city’s bargaining agreement with the Fraternal Order of Police.
Berryhill said the department’s Office of Professional Standards is conducting an internal investigation, which will determine if actions will be taken in accordance with the city’s policies and procedures. The OPS findings will be reviewed by Berryhill’s office and the city manager.
The video can be viewed in its entirety here. But here is an outline of what the video shows:
* Police arrive on Quincy Street and are greeted by a worker for a lawn care company who had parked his pickup and landscape trailer in the middle of the cul-de-sac to do his work. There appeared to be adequate room for residents to leave, which was confirmed by measurements officers took around the truck and trailer. But the homeowner claimed he couldn’t get out of his driveway and told the landscape worker he should have parked by a nearby school.
* As police arrived, they noticed the homeowner had parked his vehicle crosswise in front of the pickup, preventing traffic from flowing. The homeowner can be seen in the video moving his car back to his driveway once police arrived, then going back inside his house. The employee of the yardwork company said the homeowner jabbed him in the chest with his finger during their argument. He declined to press charges.
** Another neighbor approaches to tell police the yard worker is just trying to get his work done and the homeowner is a “prick” and “always doing stuff like this” in the neighborhood. The lead officer first states that he is familiar with the homeowner.
** Officers walked back to a patrol car and discussed the incident; the city’s parking rules and the homeowner’s alleged conflicts with his neighbors. The responding officer is heard saying it would bring him “great pleasure to take (the homeowner) to jail tonight.” The officer also says the homeowner is a “narcissist with nothing better to do,” than to cause problems.
** The lead officer walks back toward the house and repeats to fellow officers his dislike for the homeowner, at one point calling him a “douchebag.”
** An officer rings the doorbell and the homeowner answers. An officer tells him the landscape trailer is legally parked, but the way the homeowner’s vehicle was parked when police arrived was not legal. “So I need to see your license so I can issue you a citation for blocking the roadway,” an officer says. The homeowner denies blocking the road then smirks and shuts the storm door and attempts to close the front door. The officer objects to this and shouts, “I am investigating a traffic crime. You cannot do that! You are detained!” and the man tells police not to enter his house.
** Once officers enter the home, a physical confrontation begins between the officers and the homeowner. Officers eventually laid the homeowner on the floor to be handcuffed. “You are under arrest. Quit resisting!” the man is told, with the officer adding he would be facing charges of resisting arrest and obstruction in addition to a parking infraction. Shortly after, the homeowner is led out of the house, flanked on either side by an officer, to a patrol vehicle.
Keli Bennett says
Good morning:),
I want to share my appreciation for the work you do. It’s very informative and professional.
A blessing 😊.
Thank you!
Keli
John Dobberstein says
Appreciate it, thank you!
Citizen says
You need to study the 4th Amendment. A home and the curtilage are protected under the 4th. Those officers had no right to be there. They could have obtained a warrant, but they didn’t.
Teresa Mancinelli Schrum says
I watched the video yesterday. Looks like the homeowner effed around and found out. So glad he’s not my neighbor.
Chris says
More like the officers effed up and secured the guy a nice big payday. Along with losing qualified immunity because it is well established that without a warrant officers can not enter a persons home and arrest them especially after being told to leave by the home owner. Also they are in jeopardy of catching charges.
D. Wise says
The officer violated the law concerning entering a home without first obtaining a warrant to enter the home and make the arrest for a misdemeanor parking violation. 22 years LEO retired.
Jamal J says
Teresa, you are seriously ok with the police using physical force to yank a citizen out of their home and hauling her to jail, executing a warrantless arrest, for a parking violation? As opposed to the standard practice of putting the ticket on the windshield? Please expound. And include your thoughts on what freedom means.
Ron Jon says
Residents of Broken Arrow should consider listing their homes and businesses for sale ASAP. Get out before the lawsuit is filed. The longer you wait, the harder it’s gonna be to get out. Once the homeowner owns the city due to his slam-dunk lawsuit against police for his illegal arrest, pain and suffering resulting from unlawful use of force, and violations of his most basic Constitutional Rights, property taxes will be unaffordable.
Captain Ron says
The actions of that law enforcement officer, along with those who entered that man’s home, were a blatant violation of that citizen’s constitutional rights. I am a 77 year-old, law-abiding citizen and seeing law enforcement abuse their authority so clearly, scares me to death.
Jim Upton says
Citizens of Broken Arrow. Be prepared to pay for the lawsuit that will be brought against the officers involved in the civil rights violations of the man arrested for a traffic violation in his home. The 4th Ammendment was violated when the officer opened the to the man’s house. Everything after that point is mute because this was an unlawful seizure. Write him a check. The officers involved will not have qualified immunity. It would be in the towns best interest to provide elementary training on the rights that we are afforded under the Bill of Rights. Know your rights because the average police officer doesn’t.
Alien says
Not once do you mention that the arrest is illegal that the home owners constitutional rights are being violated in the video and that it is police committing serious crime here as well as police conspiring to carry out an illegal activity what is wrong with you people I’m not even American and can plainly see that with my own eyes
Chris says
The officer should have kept his options of the man to himself. Other than that the man got what he deserved by not following the officers instructions. That is what’s wrong with society today thinking you don’t have to follow an officer’s instructions.
Josef says
You don’t have to when they are illegal. What is wrong with society is that fascism has taken over, despite the Founders’ best efforts with the Constitution. And the sheep such as yourself willing to be brutalized out of ignorance.
Mason says
Well said.
Jamal J says
Well said, Josef. Men with guns aren’t allowed to violate the sanctity of your home, assault you, and forcibly remove you from your home and jail you … for a parking infraction. Such treatment is usually reserved for those for whom a high risk arrest warrant has been issued. By a judge.
Mason says
Nope… not when you are in your own home. Officers need a warrant to enter your home or be invited in. Period. It was a violation of the homeowners rights, big time.
Mark says
Yeah see there is a slight little thing called the 4th amendment which stops cops going into your house especially when it’s a traffic citation lmao this is the easiest slam dunk lawsuit there will be he will get hundreds of thousands for this
William Cotton says
Chris you need to study the Constitution just a little bit. Policy don’t have the right to do whatever they want to do. We need to start going after the people that hire these chief’s of police because policemen are not properly trained to do their job. Qualified immunity needs to be abolished-PERIOD.
shovington says
The officer(s) must produce a warrant in order to enter your home without permission. That warrant will be granted by a Judge or Justice of the peace, if he believes the officer(s) have a viable case against the individual. In this case, which is a traffic ticket that does not include violence or dangerous driving, it is HIGHLY unlikely that a Judge would sign a warrant for the individuals arrest. The officer is free to leave a ticket and his business card on the vehicle, or in the mail box if he wishes, but given the lack of evidence, and reluctance of the landscaper to press charges, its likely that the ticket will be thrown out. The individual would be able to represent himself easily in this matter, since there is no witness, and the officers body camera tells the whole story.
Citizen says
Please go and study the 4th Amendment. You are wrong. Your home and curtilage are protected under the 4th. You have the right to refuse to talk to LE when they knock on your door, unless they have a warrant. In this case their actions violated his civil rights. His interactions with his neighbors has nothing to do with this issue. He may be the neighbor from hell, but those officers were in the wrong.
Donna says
Actually, if I were on the jury, I would definitely not reward the homeowner with anything. He deserved to be cited and he refused. The only thing I think was in error is the officer’s mouthing his dislike for the homeowner, who is apparently a repeat offender.
MARGARET OLDENBURG says
Donna they entered the man’s home illegally. They broke the man’s constitutional rights. Why aren’t all the officers who entered his home charged.
jjr says
so the cop in most all places would just write the parking ticket and leave it on the windshield like the million daily in most big cities he wanted to punish the guy he didn’t like. this is the cop who loses his temper and kills someone ot tases a deft man who cannot hear him . and beats teens because he’s bigger than them . last few years cops like him cost taxpayers and insurance billions of dollars 40,000 payouts for misconduct totaling $3.2 billion by the 25 largest depts in 10 yrs now and insurance rates are soaring king George was abusing colonists which is why the founders penned the bill of rights this cop violated that protection and should be fired charged and dept pay
Fitz says
The homeowner literally moved his car and put it in his driveway so it’s no longer a “parking violation”.
The cop is an eeeediottt labeling a parked car as a “traffic violation”.
Bob says
If you were on a jury, you would have no choice but to side with the homeowner. It should have never happened, regardless of how anyone feels about that guy. You’ve only seen ONE side of the argument. Maybe the other neighbour is the jerk? Illegal parking only requires the officer to put a ticket on the vehicle. Not to confront the driver. No ID is required. Even if, the homeowner provided ID, the officer’s intention was to arrest him anyway. He wanted him to open the door enough for him to grab him. That is plain and obvious. This was a civil matter and the escalation of violence was not necessary. He moved his car, when the police arrived. The matter was done. This is, clearly, unprofessional policing and the residents will end up with higher taxes over it.
Mike says
The police did not need his license to issue a parking ticket. They even admitted to that on video prior to knocking on his door. The police cannot enter a residence without a warrant or an emergency, which clearly this was not. While the homeowner may be a jerk, his right were violated and the police should be sued.
Bob Mogelnicki says
You have got to be kidding!! The Officers did nothing wrong. The jerk guy would not cooperate and illegally parked taking matters in his on hands illegally. How dare our cowardly administration not support our officers. I’m appalled. Who would want to work for this office? God Bless you Officers for all you do.
shovington says
So, because the homeowner was parked in front of the truck, on a cul de sac, which didn’t need to move because the landscaper still had work to do, you believe that is an infraction that requires 4 to 6 officers to break into a man’s home and brutalize him?
1. Without a warrant or exigent circumstances, you cannot invade a person’s residence.
2. Because the landscaper did not want to press charges, and because the officers body camera clearly showed the homeowner removing his car and parking it in the garage, there is no basis for a ticket or arrest.
3. Just because you don’t like or agree with someone, doesn’t give you or members of the local police department the right to harass or charge individuals with false infractions or crimes. (Thats why the crazy person in your neighborhood can’t press charges against YOU, just because they want to.)
Citizen says
Please go and read the 4th Amendment. Law enforcement cannot enter your home or curtilage without a warrant or unless their is an apparant emergeny.
Mason says
Wow, the video was clearly showing the officers in a criminal act. You cannot enter a persons home without a warrant or you are invited by the owner. The officers entering his home was unconstitutional, not to mention it was over a parked car. The Constitution is not up for debate, officers should be fired and possibly charged with criminal conduct.
If you think the officers acted accordingly, you do not know the law but the officers should.
People better know their civil rights, you may need them one day.
Brian Lakeberg says
In your summary why didn’t you point out the man wasn’t actively resisting and officers twisted in wrists and arms in torturous positions for absolutely no reason? Seems like you wrote a very biased report trying to paint the police in a more positive light.
John Dobberstein says
The video is there for everyone to draw their own conclusions.
Bob says
Leo in America are out of control. They are costing cities in America millions of dollars which we tax payers fund.