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On June 27, 2023, a video of a West Virginia state trooper named Rick Wiseman entering a family’s home without a warrant or permission went viral on social media. The homeowner who uploaded the video on TikTok initially claimed to have knocked on the door of a local church to request that they remove a traffic cone that was obstructing the road. Trooper Wiseman followed him to his home and forced entry without a warrant, so he didn’t receive the courteous reception he was hoping for.

When Trooper Wiseman goes to the residence, the owner and his wife are seated on a couch in the living area. The owner tells him to leave as he does not have authorization to be there. In response, Trooper Wiseman states that he is also on camera and that he is worried the homeowner might be getting a gun to hurt him. He then escalates his tone and aggression, shouting at the homeowner for speaking louder and slapping the phone out of the homeowner’s hand. Trooper Wiseman threatens to detain the homeowner for impeding an officer towards the end of the video.

Why is this incorrect?

For a number of causes, Trooper Wiseman’s behaviour in this show were obviously wrong and illegal. He defied the Fourth Amendment to the US the Constitution, which safeguards people from arbitrary seizures and searches conducted by the government, when he first began. The United States Supreme Court established that in two ways a search warrant or reasonable suspicion must exist before the police may enter someone’s home without the person’s permission. There is a good probability that the area being searched will yield up criminal evidence, according to probable causes. In this instance, Trooper Wiseman lacked both a warrant and legitimate reasons to enter the homeowner’s house. He had no cause to suppose that everyone else in the home, included himself, was in danger or that a crime was being committed. He simply followed his own curiosity and scepticism; he had no malicious intent.

Second, he committed the West Virginia Code, which provides that it is a misdemeanour offence to enter a different person’s home or enclosure without that person’s arrangement or authority. Visiting a person’s home or any enclosed the spot with a view of committing a crime there is towards the law. In this case, Trooper Wiseman entered the homeowner’s home without authority with the intent to harass, threaten, and arrest him without reason.

Thirdly, he ignored the ethical standards and professional requirements of the West Virginia State Police, which demand that officers maintain everyone’s rights and dignity, behave honestly and honourably, and only use force when necessary. The owner and his wife were the victims of Trooper Wiseman’s dishonest and arrogant behaviour, disapproval for and abuse of their rights and dignity, and use of excessive and unwarranted force.

WHAT ARE THE CONSEQUENCES?

Trooper Wiseman’s actions had substantial and severe repercussions for both him and the homeowner. For Trooper Wiseman, his wrongdoing has resulted in criminal accusations, civil lawsuits, disciplinary actions, and public outcry. According to a Fresherslive1 story, Trooper Wiseman’s employment was terminated following a state police inquiry into his behaviour. He was additionally charged of abusing the homeowner’s freedoms by using excessive force on him in federal court2. He can spend up to 10 years in jail if convicted.

The homeowner is suffering from bodily harm, emotional distress, financial strain, and loss of privacy as a result of Trooper Wiseman’s victimisation. The homeowner, who was beaten by Trooper Wiseman, allegedly sustained cuts and bruises on his face and torso, according to a blog post by a civil rights attorney3. He had psychological distress as a result of being terrorised and degraded in his own house. He has sued Trooper Wiseman and the state police for infringing upon his rights under the constitution and causing him harm.

CAN THIS TEACH US ANYTHING?

This episode is a terrible illustration of police abuse of authority and misconduct that may occur anywhere in America. It illustrates that while confronting law enforcement, we need to be cautious and be mindful of our rights as citizens. It also displays the necessity for police to be held responsible for any infringements of rights when they occurs. We can learn from this incident by being aware of our legal rights when interacting with police, capturing all interactions as proof, reporting any mistakes or complaints to their superiors or agencies, seeking legal advice or assistance if needed and supporting reforms and policies which encourage openness, accountability, and justice in law enforcement.

Not to be overlooked or disregarded is the case of Trooper Wiseman in West Virginia. It’s a case that needs to be remembered and talked about in order to emphasise how crucial it is to defend our civil freedoms and demand respect from those who are meant to look out for and defend us.

 

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