Episode #9- Lake Ozark Detainments

Title: Lake Ozark Detainment

Let’s get this out of the way first: Disclaimer: I am not a lawyer, and the information shared on this podcast is for entertainment, education, information, criticism, comment, review and news reporting

purposes only. All statements and views expressed are my personal opinions and should not be considered legal advice. Always consult a qualified legal professional for guidance on legal matters.

Welcome back to Real Talk – Behind the Badge.  I’m Tim, a retired police Detective Sergeant.    We are starting a new part of our Real Talk today.  We hope to show the public that good cops aren’t afraid to call out the actions of bad cops and get them retrained, disciplined or even fired.  Today, we’re going to view police body cams footage from officers of the Lake Ozark, Missouri Police Department.  The original video is on YouTube by Missouri Southern Accountability.  I can say up front, I was really surprised by the actions of these officers.  I have cut out some of the video where there is nothing going on to save your time, so, let’s get going and you can chime in at the end with your comments.  We encourage everyone to leave a comment!

 (Here watch the video!)

Alright, now it’s my turn.  It’s my opinion that the actions of Officer Wencker (#708) were totally excessive, unlawful and violated the constitutional rights of the citizen.  I believe there was an illegal detainment, illegal search, assault, and property damage.  After 29 years as an officer, you would think Officer Wencker would know the law.  I believe this would be an easy lawsuit for at least around $100K, maybe more.  As I have stated before, the actions of the officer I am going to outline only cause people not to trust police officers and causes animosity towards good police officers who try to do their jobs correctly. The Lake Ozark P.D. states on its website, “The men and women of the Lake Ozark Police Department are dedicated professionals who demonstrate professionalism by our Actions, Attitude, and Abilities.”   I believe the actions shown in this video are a far cry from this statement.  Let’s analyze the different parts:

1. As Wencker stated in the video, there was no crime the citizen was suspected of, he was on public property and was legally taking video of the bank.
2. Wencker gave unlawful orders to leave public property without any legal authority to do so.
3. Wencker gave unlawful orders for the citizen to identify himself without any legal authority to do so.
4. Wencker unlawfully searched the citizen without any suspicion of him being armed.
5. Wencker unlawfully took the phone/camera from the citizen and threw it on the ground terminating the citizens recording and possible damage.
6. Wencker unlawfully detained and handcuffed the citizen after detaining him. As I see it he had NO probable cause or even a suspicion of unlawful activity.  He even admitted the citizen had done nothing wrong or illegal, and Wencker wasn’t going to do anything until the citizen told the officer he wasn’t going to leave and wasn’t going to give identification.  The only reason I could see that he detained the citizen and handcuffed him and placed him in the cruiser was to punish him for disobeying his unlawful commands.  This is NOT official police work; it is just plain ego and bullying.
7. Even if Wencker wrongfully believed he had enough probable cause to detain, that doesn’t mean he has probable cause to handcuff a person. He could have detained the citizen without handcuffing and searching him. He had no reasonable suspicion to believe the citizen was dangerous, a threat or a risk of flight.

• Was the officer properly trained? If not, why not?  The city will find out it’s cheaper in the long run to train their officers then to keep paying out substantial awards. 
• What steps did the Chief take to correct this officer? I’m willing to bet this officer has had many complaints before.  If anyone can find out, please let us know so we can post it.
• If he was properly trained, then there should be some type of penalty Wencker should have to pay, and I’m not talking about 2 weeks vacation.
• The Sergeant- when he learned there was no violations of law, but the citizen was cuffed in the cruiser, why didn’t he take immediate steps to remedy the situation? It took a full five minutes after he learned of no violations for him to order the citizen released.  It appeared to me he was looking for a reason to arrest to cover up the situation.  He should be demoted and given a vacation.  Totally bad police work.
• I believe that Officer Wencker’s official duties ended when he questioned the citizen and found there was no crime he was suspected of, he was on public property and was legally taking video of the bank. Everything after that was personal ego and animosity towards the citizen which should earn him personal liability and lose his qualified immunity.
• I searched the Lake Ozark P.D. website for any statement referencing this incident. There was none.

The other officer present is just as guilty if he knew what was going on and didn’t try to intervene to stop what he knew or should have known was illegal.

So there you have it!  Make sure to Hit subscribe and share your thoughts.