Citizens have constitutional rights to record government officials in public spaces and refuse identification when not suspected of a crime, and law enforcement must articulate specific criminal conduct to justify detention rather than relying on generalized suspicion or facility policies that conflict with constitutional protections.
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Police Call Filming “Suspicious”—Citizen FORCES Them to Back Down| ID Refusal Pro
Added:You can't go through the door in record.
Okay. If you do do that, I agree with them. You will be arrested for what?
>> But I ain't never heard so much in my life to where if you doing a speed limit, >> you're being detained at this time.
>> Okay. Can you articulate a crime?
[music] >> Um, nothing really much. Well, you know, I got I do got a question. This pharmacy is like any other pharmacy like CVS, Walgreens.
>> Kind of a little bit. Yeah. Um the only difference is that um >> we're not we don't have like over the counter stuff.
>> Oh, >> like that you can just come up and buy.
You know what I mean?
>> Right. Right.
>> Um but yeah, you can get a new script sent here, >> right? Like couldn't just get your average title in a haul or Adville or something like that, >> right? Yeah, that's the only difference.
But >> Oh, okay. Okay.
So if he does show up, >> I think that's kind of dope, man.
They on behavioral [clears throat] health uh behavioral health has their own pharmacy, man. Don't even get a prescription. You can get it filled right after you see the doctor. That's how they like that.
>> Hello.
>> Hello.
>> Hi, I'm Greg.
>> Greg?
>> Yeah.
>> Okay. What What can I do for you? What's your name?
>> I don't really want to give it.
>> You don't want to give it? Okay. There's maybe I don't know if you saw we have a couple signs that say that in this area there's no uh recording or photography.
>> Yeah. The sign on the door.
>> Mhm. And there's a sign over there on the wall.
>> Yeah, I understand. It's just a sign though. It's like a It's kind of like a suggestion.
>> No, it's not a sign.
>> Cuz it's not against the law to record in public. You know that, right?
>> You do know that.
>> We've put the signs on there to distinguish between what's a public area >> and this is one. This lobby is This lobby is public. Anything past those restricted doors back there, those key card doors, that's private, of course.
But just sit this lobby where everybody's at the public area. This is public area all day.
>> So, I'm asking you not to record in here.
>> Yeah, I understand. I If you're asking, then I I respect the client.
>> I'm telling you that we have a rule against recording in here.
>> Yeah, but it's not a law, sir. So, we just follow the law. We have a right to do it. See, it's bigger than even a rule or a policy. The first amendment guarantees that we have a right to do this to film public officials and of course you guys' duties.
>> Sir, you're refusing to follow those guidelines.
>> Well, refuse. When you say refuse, that make it sound like I have to do it. So, I'm choosing not to. You don't want to use the word refuse. I just >> choose not to uh let you guys infringe on my rights today.
>> I see.
>> And plus, I have to file a public records request with you today anyway.
So, >> Okay. Well, I appreciate uh your answer to that.
>> And it's Greg, right?
>> Yeah.
>> Okay. Yeah, for sure.
>> Okay. All right.
>> Do you want to speak with me?
>> Yeah. What's going on, sir?
>> How are you doing, man? What's your name, >> man? You call me, sir. They They've been asking me the same question all day.
It's all good, though.
>> Not even like Mike, Bill, Bob.
>> You know what? Just Just call me uh great guy cuz I am one.
>> A great [laughter] guy.
>> I am.
>> I thought you said Greg for a second.
>> Oh, no. No. Um um thing is, right, Serge, obviously they've informed you on everything that's been going on today in terms of me being here. So, we're now right we at the point of I have official business at this entity which is a public entity. I've I've made no efforts to go inside anything restricted to stand in publicly accessible areas kind of like this hallway in the lobby inside of there.
>> I need to fill out a public records request form which I'm getting ready to do.
>> Uh but my rights are seeming like they're getting ready to be infringed upon and I don't want the sheriff's office to aid this entity in doing so. I know exactly what I'm doing. I do this all over the country. I just I'm just trying to come to some type of you know what I mean solution where my rights won't be trampled upon.
>> And you understand why you can't record in that area, right?
>> I don't understand.
>> Okay. It is a area where there is sensitive information >> in other people's health information and that's why it's not able to be recorded in there >> because you are infringing on their rights.
>> So >> which you cannot do legally. Correct.
>> Infringe on someone's right. You can't record their information >> and that's not what I will do and that's not what I'm >> saying. That's why they have it there because there is information out. Did you? I don't know. Right.
>> You'd have to tell me. Did you?
>> Of course not.
>> So that's why they ask you to not record in there. Right.
>> And when they ask you to leave while you're recording in there, that is something you need to do.
>> Okay. So my thing is if they have private and sensitive information, excuse me, the uh Supreme Court has already ruled that there's no expectation to privacy in public. So they would have to create their privacy.
Standing in the lobby is a open lobby to the public. Anything behind those doors is private. If I went back there and recorded someone's room, then I'm in the room.
>> Well, what I was told is you stuck your camera through a window that was private area and that infringes upon that.
Absolutely not.
>> Okay. I'm just telling you what I was told.
>> Yeah. I mean, I've been standing in public accessible areas the entire time.
>> But my my thing is I've got to go back in there because I have official business.
>> Uh when I when I fill out my public records request form >> and get a copy from the young lady that's been helping me all day. I'm still going to be recording because I have a right to do it.
>> So, I'm going to tell you this. Like we said before, you can't go through the door and record. Okay? If you do do that, I agree with them. You will be arrested >> for what? What crime?
>> For trespassing where you're not allowed to.
>> So trespassing is a second telling you you may not go in there while recording.
>> Okay, >> I know that, but I'm saying trespassing is a secondary crime. What's the first one?
>> It's not a secondary crime. I can arrest you based solely on trespassing, sir.
>> Not for not for minus a crime. You can't. Not on public property. On private property, you can. Not public property. I would have to commit a crime.
>> They have the right to tell you to leave. Not for not for not for not for exercising rights. Uh Sergeant, you're wrong.
>> It's the fact that you're infringing on others.
>> I'm not though. And and you guys swore to uphold the constitution.
>> That is your word versus their word, right?
>> That's what they tell me and you tell me differently. So I can't give you I can't tell you if you are infringing on somebody's rights unless I go in there and investigate it. I don't know. But the reason they have it posted is so you don't.
>> Okay. So, just like just like they have another sign posted at the front of this building about a gun.
>> If you bring a gun in here, well, I'm not they're not pertaining to you guys.
But if I brought a gun in here, I'll be in violation of that statute.
>> Correct.
>> There's no statutes or laws connected to that sign. It's not enforceable by law, sir. You get what I'm saying? It's not enforceable. You sworn you sworn, right?
>> Why are you guys are not upholding my rights today?
>> Nobody has uh done anything to your rights. I'm being threatened with arrest. If I continue to exercise my rights, and you're doing it on camera.
>> Here's the sign. No public access. So, if you go back through at this point while recording, you will be arrested.
Do you understand that?
>> So, so, so, so I can't do this then. So, I can't So, >> you can go back in there. Not while recording.
>> That's not what that sign say, though.
Sorry.
>> Right up to the front desk with it.
They'll take care of you. I >> I got to go back in there, man.
>> They'll take care of you.
>> No, they No. Well, that's behavior health as well. The front desk ladies can get you anything they need. Anything you need. Excuse me.
>> Well, I I I got Sorry.
>> At that point, if that's what they're requesting, they have the right to do that. Just like you have the right to record in the lobby, man.
>> That's exactly right. So, if I have a right, then why are y'all traveling on them today?
>> You're fine out here. Nobody has said a word about there. That's public. Why not?
>> They just posted and said you can't.
>> You can't do that. Sorry. That Sorry.
You know what that sign that has to be a It has to be like goes up to a committee and everything. You can't just post something today cuz then that's discrimination against the cameras. Sir, we talking about rights at this point, not any feelings or policies. And you guys are law enforcement. You supposed to be enforcing the law right now.
>> Mhm.
>> But you're trying to you're trying to infringe and aid them in infringing. So you should Can y'all call another commander? I need to speak to somebody of a higher authority.
>> I can't.
>> Sorry, man.
>> I got to.
>> Sorry.
>> So I So you're not going to do it.
You're not going to call someone even though that's part of your policy to do so. If you want to call the sheriff's department to speak to somebody, you are more than welcome to. No, >> I'm just asking for someone to be dispatched.
>> I will happily write down the information for you and you can call anybody you want up there.
>> No, I don't want to call them. I just want someone to be dispatched here of someone with a higher authority that can help me rectify.
>> The only one on patrol today is that is the higher authority.
>> No captains, no commanders or anything.
So if I >> have no idea if they're available, but they don't work patrol.
>> Can you see?
>> So you can call them and try to arrange a time to talk with them. Absolutely.
>> Well, I'm here now. I got a business to conduct. I mean, if I'm I'm being threatened with arrest today, so I need someone here to help rectify that.
>> I'm sorry. Do you have any other questions for me?
>> Yeah, cuz I I would love a commander to come here to help me.
>> Do you have any questions I can answer >> that I haven't given you an answer, too.
>> Well, we This is what we going to do.
I'm glad you brought it up like that. We We just going to be done with this like this.
>> I can be around the bush. That's all.
>> We going to be direct. This going to be beautiful. If If I can fill out the rest of this, right?
>> Yeah. But if I go back in there and turn it in and exercise my right to record, I'll be arrested.
>> That's where they're at. Yeah, ma'am.
>> Now, I'm asking.
>> Yep.
>> Okay. So, Okay. We got it documented that you're you're admitting on camera that you will arrest me for exercising a right. Like I told these officers, you you going to wind up in front of a judge at a deposition and you going to have to give an account on why did you infringe on my rights today? I'm just saying.
>> I understand y'all tough about it today because it's today and we're not there yet. But your guys mannerisms will change in front of your honor.
>> It goes both ways, right? I I'm I'm I'mma be all good. I know exactly what I'm doing. I got over 300 videos of the same stuff. I've been through this. I've been illegally trespassed and threatened before and we go all the way up to the chain of >> So, can I ask you a question though?
>> For sure.
>> So, why do you keep doing it? What's the like what what do you like what are we trying to do? Like what's the goal here?
>> So, it's it's about education at the end of the day. It's about, you know, educating people that don't know they have these rights. You know, some people don't know, some people do.
>> Sure. Some sheriff departments and police officers come out and honor their oath, some don't. Some come and force feelings, some come and force the law.
It's good and bad and everything, right?
>> Well, hey, >> we was hope wishing and pray that wasn't it for Rocky County.
>> Whether you're getting your food at McDonald's or you're going to the doctor and everything in between, you have good and bad workers, right?
>> You do. You do. Hey, these officers was just bringing up how some people when they come in counter with y'all with these, you know, cuss you guys out, you know. Hey, I understand. I don't do that. So, but uh >> do we cuss you out, man?
>> No, y'all didn't cuss me out either. But y'all didn't honor the oath today, though. I'm going to be perfectly honest. You didn't honor your oath.
>> Sorry you feel that way.
>> Yes, it's true.
>> Do you want any phone numbers to try to call?
>> No, you're not provide those to >> you. No, it's cool. What I'll do is I'll just go to the Rock County Sheriff's is it closed?
>> Uh 10 15 minutes.
>> 10 15 minutes. Okay.
>> Construction going on. So, it takes a little time to get >> give or take. Okay, cool. No. So, I'll just go to the sheriff's department and just file complaints and then we'll just go from there like I always do.
>> Sounds good, man. You know how to get there. Do you need >> Oh, yeah. No, I'm GPSing. I know it's probably right up the street somewhere.
>> For sure.
>> Offer if I can help.
>> It's all good. It's all good.
>> All right.
>> All right.
>> Be safe.
>> For sure. You guys, too.
>> All right.
>> So, uh that's how that cookie is going to crumble today, man. We uh >> can a government policy legally restrict activity that the Constitution protects?
[music] That question sits at the center of this encounter. The auditor argues the First Amendment protects recording [music] government officials performing public duties, while the officers rely on the facility's policy and concerns about protecting [music] sensitive information inside the building. The discussion also touches on broader Fourth Amendment principles involving government authority [music] and individual liberty. Rather than deciding who is legally correct, this video examines how constitutional [music] claims, agency policies, and law enforcement discretion can collide during a real world public encounter.
>> So what? You about to give me a ticket?
I'm talking going on but you holding the cam. We're trying to have a conversation, >> right? Cuz I don't want you shooting me.
That's for one. And then two, I can't believe you about you about to give me a damn ticket for doing a damn speed limit.
>> Georgia, North Carolina, South Carolina has moved or lost. No traffic.
>> I know that. I know that. And I can't I can't get over. If I couldn't get over, I couldn't get over. But either way it go, if I'm doing a speed limit, then I can be in any lane I want to. Now, if I'm doing below the speed limit, I need to be in the right lane.
>> Okay, >> I will agree with that. However, if the car that beside you in the slow lane, which is kind of the right hand lane, is doing the exact same speed limit you are, which is 70, >> right?
>> And you're in the fast lane, doing the exact same, mate. We both doing the speed limit. What do >> Because I'm bigger than him, I have to I have to be in the right lane for the tires.
>> Okay.
And you can pass emergency vehicles, fire trucks, you name it. Cuz you you basically you and your no emergency vehicles out there. You only hit your you only hit your lights on me cuz you wanted me to be in another lane. I don't have to ride in the lane that you tell me to be in. If if I'm doing a speed limit, if I'm driving uh illegal, if I'm doing everything I supposed to do.
Now, I ain't going to lie to you. I I don't think I have my updated insurance card, but I got insurance. I got it on my email.
>> This your rig or >> Yeah, this my truck and this my trailer >> own operator. You got a lot of stuff going on. I got I got Who you with?
>> I got insurance with Northland.
>> Northland.
>> I mean, I I got the insurance on my email.
>> Who you what you hauling back there?
>> Lumber.
>> Lumber.
>> I got you.
Come on down here.
That was easy.
>> Yeah.
>> Okay.
>> Okay.
>> So, just from the scenarios you were given, I understand your point of view, the point of view of the legislation you made that law.
Now, I know slower vehicles need to be in the right lane.
>> Emergency long, >> but that's that's if you're doing below the speed limit. Now, I'm doing a matter of fact, if you really if you really want to be technical, I was doing 73 74 miles an hour. Speed limit is 70, but you weren't passing anybody, >> right? I wasn't passing anybody. I was in I was in the hell lane. I was in the left lane.
>> White Suburban got massage. Now he's doing 7374. You doing 7374, >> right? Well, when you when you see them heels I was pulling through, I got 48,000 lb of lumber >> and I couldn't get over. If you if you if you go back to your camera, I could not get over cuz it's cars right there.
Now, if I would have got over cut one cars off then that's reckless driving.
>> Okay.
>> All right. Whatever you say, just recognize that law is on the book three driving.
You know what, dude? I can't knock you for doing your job, but I ain't never heard so much in my life to where if you doing a speed limit.
>> Does driving at [music] the posted speed limit automatically make every lane choice lawful? That question is at the center of this traffic [music] stop. The officer appears to rely on traffic rules governing left lane travel [music] and traffic flow. While the driver argues that the weight of his commercial vehicle and surrounding traffic made changing lanes unsafe. Unlike [music] many First Amendment audit or ID refusal encounters, this case focuses on how officers interpret traffic statutes, and how drivers explain real world operating conditions. Rather than deciding who is legally correct, this analysis examines the balance between traffic enforcement, officer [music] discretion, and the driver's responsibility to operate safely under the circumstances. [music] >> I'm taking pictures of vehicles that are coming in out of the parking lot.
>> Yeah, I'm standing on public taking pictures.
>> Okay. Okay. Why are you taking pictures of vehicles?
>> Just cuz I'm standing out in public taking pictures.
>> Okay. Do you have any ID on you?
>> Uh, no. But I've done something wrong.
>> Um, it's a little suspicious that someone's taking pictures of license plates leaving a secure building.
>> Is that a misdemeanor? A felony?
>> No, it's suspicious.
>> Okay. So, why do I need ID?
>> Because we need to know who you are.
>> I don't think so. If I've not committed a crime, I'm not giving you ID.
>> 323. Sorry, George. You heard the subject's refusing to provide ID or identify himself.
Can you see your hand, please, sir?
>> Yeah, sure. I have no weapons. I have nothing. I have nothing on me. I have my phone in this pocket. That's it.
>> Like I said, I'm out in public taking pictures. That's it.
>> Right. But again, you're taking pictures of police people leaving police vehicles.
>> Okay.
>> Police vehicles from a police parking lot.
>> Okay.
>> That's suspicious.
>> Is it suspic Is that a crime?
>> It's not a crime.
>> Okay. So, >> am I free to go or am I being detained?
>> You're being detained right now.
>> Okay. Can you tell me the crime?
>> We're detaining you because of your suspicious activity.
>> Is that a crime?
>> Okay. Am I being detained or am I free to go? Provide >> some sort of ID.
>> Am I being detained or am I free to go?
>> You're not free to go right now.
>> Okay. So, I'm being detained. Can you articulate a crime?
>> We don't know that you haven't committed a crime yet.
>> Okay. So, once you figure that out, I'll provide an ID. Until then, am I free to go?
>> No.
>> Okay. So, then I'm just going to I'm going to remain silent then.
>> Alpha, also need your name and badge number, please.
>> Sure. Officer Brutin 2085.
>> Your name, badge number, sir.
Detective Forbrick 2081.
>> Thank you, ma'am.
>> Detective codes 2181.
>> Thank you. And your name, sir?
>> Not giving it.
>> Oh, okay.
Would you feel comfortable on that line of work if you ask?
>> I've not answered any of your questions.
>> Who's the church?
>> Someone's in.
>> Huh?
>> Someone's in here.
You can make this a lot easier if you would just explain what you're doing here and let us know who you are.
>> Sir, I told you I am out taking pictures in public. That's what I'm doing.
>> Right.
>> I walked all around the civic center taking pictures. This is the most advanced place in all of Surprise. I went to take pictures. I'm a photographer.
>> Okay.
>> Am I not allowed to do that?
>> The information I was given was that you were standing outside of our gate.
>> I was.
>> Okay.
>> Is that illegal? I was on a public sidewalk. I never entered your facility.
>> If you if you were a police officer, >> I'm not a police officer. I'm not.
>> Would you find that concerning?
>> I would I I don't understand what you're trying to say here because a person staying on public facility >> Can I ask you a question?
>> You can ask me anything you want. I'm not going to answer, but you can ask.
>> I don't know why we're being I mean, we're just trying to talk here.
>> Okay. If you're This is not a consensual encounter. First of all, I didn't ask for help. I don't need help. I'm standing here taking pictures in public.
detect detectives and police officers and other people leaving a secure facility and vehicles are assigned to us.
>> Some people work as in undercover capacities and we have a person out recording those as they're leaving vehicles.
>> Okay. How do I know that?
>> Well, how do we know who you are?
>> You don't know who I am.
>> You're not a threat to us or something.
>> If I was a threat to us or threat to you, would I be out here in an orange vest not trying to hide anything? I didn't run from you. I stood here right when you called me. I'm not trying to run.
I'm not a threat. I'm no threat. I have no weapons. I would show you, but I'm afraid if I reach for my hip, something bad would happen. I'm not going to do that. I have no weapons. I have no ill intent.
>> If you reach for an ID and let us >> Well, I don't have an ID and wouldn't show it to you if I did because again, I have not committed a crime.
>> If you can articulate a crime, I'll provide an ID. Until then, am I free to go?
>> You're not free to go at this time.
>> So, I'm being detained.
>> It's investigative.
>> I'm unlaw I'm being unlawfully detained.
Yes or no? You're detaining me unlawfully.
>> You're not being unlawfully, sir.
unlawfully detaining me. Do you do you suspect me of a crime?
>> Suspicious activity. That's legal grounds to detain you.
>> Do No, it is not. Do you provide identification?
>> Do you sus if I have committed a crime?
Read the law.
>> You have not suspected me of committed a crime. I have committed no crime. You have no idea that I'm going to commit a crime. Therefore, you have no I don't have to explain anything to you.
Extremely suspicious.
>> I have to explain to you nothing.
>> You really do. When you're taking pictures, >> I don't have to explain anything to you.
standing in a public space. Anything I can see from public, I can take pictures of. That is my First Amendment right to do. And there's nothing that you can do to stop that. And you can't make a lawful activity suspicious. I'm sorry.
If it makes you uncomfortable, find a new line of work because I'm not going to stop taking pictures because it makes you uncomfortable. I'm sorry. So, unless, again, I'm I'm being detained. I would like to be free to go.
>> So, is that the rationale? You're just trying to make us uncomfortable?
>> I'm not trying to do anything. I'm trying to take pictures in public. You came out. If that >> people's license plates, >> how do you know I took pictures of people's license plate? I can walk down the street and see a license plate. What does that mean to anything? See, I'm turning over to this guy right here.
Look, he's got a license plate. What does that mean? I can walk by and see a license plate. That information is not accessible to the public. I don't know what you what this means. I can't look up somebody's license plate online and get anything from that.
>> I think you're being a little disingenuous if you don't think this is a little suspicious.
>> Our license plates are license plates accessible to the boat. normal person wouldn't find this a little suspicious.
>> Well, I don't care if they find it suspicious because suspicious is not illegal. And again, am I being detained?
>> You are. You're not free to leave right now.
>> Okay. Well, then I'm going to remain quiet. I'm not answering any more questions.
>> Okay.
>> First Amendment protected activity and they find it suspicious, everyone. So, I'm going to greet for my phone and that's it. All my phone's in my my pocket. Okay.
>> Nice and slow.
>> You got it. Just a cell phone. They're going to be live streamed.
>> So again, am I being detained or am I free to go?
>> You're being detained at this time.
>> Okay. Can you articulate a crime?
>> The reason we're detaining you is because you're conducting suspicious activity.
>> Is that a crime?
>> We don't know that yet. You're refusing to speak to us.
>> I I am not refusing to speak to you. I said I'm out taking pictures in public.
>> You're refusing to provide any kind of ID.
>> I don't have to provide an ID if I am not suspected of a crime. That is a law, sir. It's a first amendment protected activity.
>> We'd like to eliminate the possibility in our minds that you're committing suspicious.
>> I am suspicious activity is not a crime.
>> How you doing? I'm Robertson.
>> Can I have your Identify myself, please?
>> 2029.
>> Thank you.
>> All right. You can go ahead and leave.
But you have to realize that it does look suspicious.
>> I don't have to realize that, sir. I'm glad you say I can leave.
>> Have a good day, sir.
>> Thank you. Thank you. You guys have a nice day. Stay safe. [music] Across these three encounters, the central issue is not whether citizens may disregard every instruction, but whether government authority is [music] tied to a clearly defined legal basis. In Rock County, policy and public access [music] rights collided. Police receive a C, while the auditor receives a B for persistence, but occasionally overstating unsettled recording rules.
In South Carolina, both sides debated lane safety with incomplete context. The [music] trooper receives a B minus and the driver a C plus for raising relevant facts but weakening his position through confrontation. In Surprise, Arizona, officers detained a photographer [music] while repeatedly relying on generalized suspicion. Police receive a D and the citizen a B+ for clearly invoking reasonable suspicion, [music] ID refusal, and the right to remain silent.
The practical solution is consistent in every case. Remain calm. [music] Distinguish a request from an order.
Ask, "Am I detained?" Request the factual basis, avoid physical resistance, and preserve the evidence for later review. This concludes the series, but the next case appearing [music] on screen tests an even harder question about police authority and constitutional rights. Continue with that video and explore [music] the full ID refusal pro
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