The search of his person over a call to police is a clear violation of his rights, a phone to call to police is not PC or RAS. The fact they held him for three hours will to be to his benefit in court. Arresting him for starting a gofundme, a clear violation of his first amendment rights, I mean they're just digging that hole. Then they raid him, dislocate his arm, and now he has a warrant out for physical threats?
This story is not blowing up because because of Legos or stealing from old people. It's blowing up because we're watching a corporation and a police department abuse their power and we're all grossed out by it.
Fun part to mention is the officer that takes the subpoena to the would-be defendant is the part of the 3rd set of cops that were sent to Ben's non-moving car that is on public property. The cop's bodycam discussion with the would-be defendant is also fully redacted, for some reason.
After telling Ben that the defendant doesn't accept the subpoena (can you even refuse being served like that?), the 3rd set of cops leave and a 4th set of cops shows up, make a phone call to verify that it's a real lawsuit they are trying to serve, question him further, and then after all that Ben is still arrested.
Ben also shows how the body cams are being redacted in ways that they should not be. Due to sloppy redacting, he gives an example where the content of the redacted audio is one cop telling the other that Ben is basically annoying but the thing he's doing that they got called over for is not illegal.
They can't, and I'm surprised the officer wasn't aware of that. Confirm the person's ID, hand them the papers or sit them somewhere and tell them, they have been served. Process-wise, all that matters is confirmation to the court that the person is aware of and was given possession of the documents. If they don't like it and set them on fire, that's not the court or the server's problem.
I think there's also generally a process for someone avoiding being served. Ie if you can prove they're trying to avoid being served, that is per se evidence that they are aware they are being served and can be considered as served. Iirc, it's not preferred because it's way, way cleaner for the court to have a signed document but they can and will do it.
Legalities aside, this is why you'd normal hire someone to do this. The cops don't want to be involved, and especially so for YouTube drama. Hire someone completely unrelated who can show up, be completely emotionally detached and do the "I'm just trying to do my job, man" schtick. They're also much better for contested servings. If one party says the other got papers and the other denies it, there's a "he said, she said". If you hire a professional who doesn't care about the outcome of the case then it carries a lot more credibility.
The cops even tell Ben to get a process server, and he points out to the cops that yes, he has brought the exact person they described, she's right there in the car with him.
Find him annoying sure, but it was made very clear why they even had to call in a youtuber to be annoying and get attention. Clearly legally they would bury the original owner with legal fees. If you have a solution that doesn't involve fighting big corperations, that very clearly do have connections with morally questionable cops then go ahead because it is made very clear why "just get a fucking lawyer" doesn't work
I do agree that Ben has done a good thing exposing to the public the situation.
It's explained multiple times in the video that Mansell has considered suing, but the most likely outcome of that is he pays a lawyer upwards of $60k to get <<100k in awarded compensation, then struggles to collect. The new franchise owners threatened exactly this. It's a classic and well known (and exploited) problem with our legal system.
https://youtu.be/14ktgvoH4Mc?t=1029 talks about the distinction between civil and criminal here (and the whole video is good, worth a watch). There's not exactly an either-or distinction like it's commonly presented. The police can+probably should have investigated the initial refusal to return the legos as criminal theft.
First they tried and realized they couldnt afford one. Then they came up with a way to settle this in small claims, won, and the franchisor decided to close the store. The legal process did not work here