UPDATE: An upstate New York sheriff's deputy has resigned and faces charges following the release of a video which allegedly shows him slapping a man.

Read more from KFOX14.


Original story below:

An upstate New York sheriff's deputy has been suspended without pay after a video surfaced that appears to show him slapping a suspect who objected to a vehicle search.

Sgt. Shawn Glans, of the Saratoga County Sheriff's Office, is also the subject of a criminal investigation after the incident Friday night outside a Walmart. 

The officers had arrived to investigate a suspicious vehicle and reportedly found a car in the parking lot with a rifle in the back seat.

Glans then confronted two young men who were spotted walking to the vehicle. 

The footage (below) begins with the man and Glans arguing about a search warrant, then what sounds like a slap can be heard off-camera as Glans moved toward the suspect suddenly.

Warning: video contains profanity.

Heather Nauert discussed the Fourth Amendment case with defense attorneys Jonna Spilbor and Heather Hansen.

Both agreed that it does not appear that the vehicle could have been searched without a warrant. 

"If you simply see a rifle in the back a car, which every hunter will tell you they're allowed to do, this cop was out of line," said Spilbor, explaining exceptions where a warrant is not needed.

Spilbor said this highlights the need for police officers to be wearing cameras while on duty.

Hansen said that can be costly and suspects can always use a cell phone to record an encounter with police.

Spilbor said the program could pay for itself if defendants are required to pay restitution and court costs in cases where a video was used to convict them.

Watch the legal analysis above, including their take on the controversial arrests in Florida for feeding homeless people.