Citizens have the constitutional right to record government officials performing their duties in publicly accessible government buildings without needing permission, and security personnel cannot physically interfere with this protected activity; when such interference occurs, it may constitute assault or battery, and victims can pursue legal accountability through police reports and potential criminal charges.
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Security Guard Tries to Stop Auditor—Instantly Regrets ItorAñadido:
And we're only seconds into this audit, and already the biggest question is being asked, who gave you access? But here's where things get interesting. In a publicly accessible government building, the default isn't usually that citizens need permission to observe what's happening. Watch closely because this misunderstanding is about to escalate very fast. Do you think the security guard actually knows the law here, or is he just making assumptions?
>> What's going on?
What's everything?
>> I'm going to check you.
>> Go ahead and check.
We're good, right? Thank you.
Guys, this is uh >> Who gave you access?
>> the city of North Miami.
>> Mhm?
>> Hello?
>> Sir, who gave you access?
>> Who are you, number one?
>> I'm the security for the city.
>> Okay.
>> Then who who gave you access?
>> This is first amendment protected activity. I don't need access.
>> You have to have to get access to do that here.
>> From who?
>> From >> Wow.
>> Can you call PD for me?
Can you call PD for me?
>> This is the city of North Miami. This is first This is This is first amendment protected activity. I'm a journalist, and I'm here exercising my first amendment right.
>> no, no, no, I have to I have to >> Don't put your hands on me. Don't >> Don't fight.
>> Don't >> to give you access.
>> Don't put your hands on me.
>> I have to give you access.
>> You don't have to do that. No.
>> No, that's Yeah.
>> Don't ask me.
>> No, I don't. Call the police.
>> Okay. Okay.
>> This Yo, call the police.
>> I need your permission.
>> No, I'm going to Yo, don't touch me, man. I Look, you have me Yo, stop, sir.
You have me backed INTO A CORNER.
>> NO, NO, NO.
>> IT'S FOR MY PROTECTION.
>> YOU NO.
>> YOU'RE NOT ALLOWED to do that, sir.
You're Call the police. You can't do that. You I'm going to file a police report on you for assault.
This is first amendment constitutionally protected activity. This is a government office and I and I have the right to inspect the government.
I'm well within my rights.
>> Who gave you access? That's it.
Who Who gave you the email? I tell you no no.
>> Call the police. I'm going to file a complaint on you right now.
I'm going to file a complaint on this officer you right now. You the city if if you prevent me from recording, the city of North Miami is violating my first amendment rights.
And and you haven't told me that I'm kicked out of the building yet.
No, I didn't. This is a government office, ma'am.
Yes.
You're violating the first amendment.
You're violating the first amendment.
I'm well within my rights. Call the police. They're right across the street.
You're not allowed to do that. You just committed a crime on camera and I'm going to file a lawsuit on the city of North Miami.
This is your information window at the city of North Miami.
This is This is your cashier. This is where you pay for your services.
And you see this commissioner? Guys, this is the commissioner that we met yesterday at the election. I met this guy at the election the other day.
So, I'm a journalist exercising my right and you're violating my first amendment right.
Call this guy out. He'll vouch for me.
These two guys I I met them the day before yesterday.
Guys, so the city of North Miami they failed this this audit. This audit is a fail cuz this guy put his hands on me and and he committed a crime. I want the police here so I file a report on you.
They haven't told me that I have to leave out of building.
>> Well, >> Hey, how's it How's it going?
This gentleman caught me.
Hey, sir, before we get started Sir, before we get started, do you mind if I have your name and your badge number?
>> P E R E Z, badge number 406. I work for the city of North Las Vegas Police Department. How can I help you today?
>> Thank you very much. I was exercising my First Amendment rights to record a government office in City Hall.
And this gentleman assaulted me. He grabbed my camera two times. And I'm telling him I'm well within my rights to record, and he grabbed my camera. He pulled it from my hand. So, he committed a crime right now. I would like to file a police report on him.
>> This is the turning point. The moment physical contact enters the equation, the conversation stops being just a disagreement about filming rights and starts becoming a potential legal issue.
Notice that Gomez keeps repeating one thing, call the police. That's often what experienced auditors do when they believe their rights have been violated.
They want an official record created immediately. And honestly, if someone grabbed your phone while you were recording, how would you react?
>> Hey, how you doing, man?
I parked, I came over here, and I recorded the building. That's my First Amendment right to record a government office.
I do this all the time. I was covering the elections 2 days ago. I met some of the councilmen, so I don't know why this guy's giving me a hard time. I'm well within my rights. So, I I don't know why He He pulled my camera from my hands two times. He committed a crime. He assaulted me.
And then on top of that, he called you guys. And now I want to file I I can't give you my name, man.
All right, that's fine. Are you going to file a report on him?
>> Yes, we're doing the investigation.
>> I have everything on camera, so I can show it to you guys.
Yeah.
Yeah. No, but I want to make sure that you guys are going to take him to jail or or or a PTA.
I have everything on camera. Before I give my Yeah, but I don't want to take I only have one camera on me, so I don't want to turn it off. Ma'am, I'm going to need you here because you have your camera.
I'm going to need you to to stand right here. If I turn off my camera, she has to be standing here. Or what?
>> Sir, listen. The way it works is, just so that you understand >> Yeah, thank you guys. I appreciate it.
>> like the investigation, okay? We >> But but I want everything recorded for the record.
>> hear me real quick?
>> Yes, sir.
>> We're conducting our investigation, okay? So, let us do it so it can be done properly.
>> And sir, and never at any moment did that gentleman tell me I had to leave the building or was trespassing in the building.
>> you got everything recorded. We'll look at the report.
>> So, with with that being said, I was just standing and I'm recording in the corner. And and and and I'm just panning.
>> And are you conducting any business here?
>> Yeah, I'm a First Amendment activist and and I was and I'm a journalist and I was exercising >> What is this for or what what are you >> I don't have to tell I don't have to disclose that information. With that being said, I was exercising my First Amendment rights. I'm a journalist doing First Amendment activity and he grabbed my camera from my hand. He's not allowed to do that. Look how many officers we have.
>> today for?
>> I'm a journalist. I'm exercising First Amendment activity.
>> are you doing with your journalism?
You're reporting >> Yes, I I am reporting on the government and government activities and on the city.
>> Okay, now you have other cameras here.
Can you show us what happened?
>> Yeah.
All right, but I'm going to need your name and badge number. Your name and badge number.
Okay, we got Maraj. We got Arera. And you, sir sergeant?
We got Miranda.
Sir, you don't want to stand in the shade?
>> You're good, man.
Let us do what we got to do, so you know.
>> All right, guys. I'm going to turn off my camera to show these officers the evidence of this man assaulting me. This man assaulted me right here.
All right, guys.
>> Now we're getting into the legal heart of the case. A lot of people assume the First Amendment only protects speaking, but courts have repeatedly recognized that recording government officials performing their duties can also be protected activity. The key question isn't whether filming is allowed in general, it's whether Gomez was causing a disruption. So far, what have you seen recording or interfering?
>> So, you guys aren't going to give him a PTA?
For assault? You clearly have it. You saw it on camera.
And your oath was to uphold the First Amendment.
That's fine. I go to the government meetings and I'll be talking to the commissioners about this. The councilman.
This is wrong because if I did it to him, I'll get a PTA and be in front of a judge.
You're not going to give this guy a promise to appear, sergeant?
You're not going to give him a promise to appear in court?
Well, you have the authority to order them to to write up the the PTA.
It's your prerogative. Now, they saw on camera that he violated my rights and he committed a crime. He assaulted me. And if I would have done that, I would be in handcuffs right now. And and I would have to present myself in front of the judge.
No, man. This ain't right.
This ain't right.
I'm I'm going to get the I'm going to document the cars.
If you don't guys If you don't believe If Yes, ma'am.
Sorry about that.
If you don't think what I'm doing is legal, call the state attorney and she'll let you know.
But if you if you have a If you have doubt, call the state attorney.
Okay?
We asked you your address. You want to tell us you're homeless. You don't want to give us that information. You are supposedly the victim of a crime, correct? So, when the state attorney wants to send you something to show up to court for prosecuting this gentleman, how are they going to do that? What address are they going to send that to?
>> The state attorney has my address. You don't worry about that.
>> Okay, no problem.
So, that's where we are.
>> You you probably never sum- you've never summoned somebody in court.
>> They they just copy the >> And if you don't believe I'm a journalist, call the councilman. They know me. I was at the election the other day and they can vouch for me. I spoke with all of them. I met all of them and I was doing the same thing, recording, documenting the the the election.
>> Nobody said you weren't.
Nobody's doubted anything that you said, correct? We might have asked extra questions to get a little more clarification on things.
>> And I'm giving you And I'm giving you clarification.
>> You denied telling me that's not relevant. We asked you your address, you don't need it.
>> I don't I don't have to give me your address.
>> That's fine, sir.
>> Exactly. But if you doubt me, >> That is yours.
>> go get the councilman. Go go go get the council person and he'll tell you that I'm a journalist.
Gomez. How many times do I have to repeat it?
>> We're slow. That's why we do this job, sir.
We're obviously here for you. So, I mean, the attitude is is >> I'm allowed to have an attitude. I'm a victim of a crime. I was just assaulted.
You don't understand that. My rights were violated. Why should I be in a good mood?
>> What did you say your full name was and your date of birth?
>> Rafael Antonio Gomez.
But that's irrelevant. You're just going to run my record. You don't need that.
>> I do need that for the report.
>> Well, I don't have any warrants. So, I I don't know why you need you you I don't know why you need my date of birth for.
That's me being courteous.
>> It's part of the Rafael Antonio Gomez.
We have to have Listen, you want a report, right?
Then we need the information added to the report.
So, we're here trying to help.
Okay?
So, I understand that you're upset. I can only be upset with us. We didn't do that anyway.
>> But I feel that that what she's doing it it she doesn't need that fair report. I feel that she's going to run a warrant check.
That's what I feel she's doing with my date of birth. So, that's irrelevant.
That's totally irrelevant.
>> Okay, that's fine. However, like I said, in order for us to do a report, we need your information. Do you agree with me that far?
>> You You don't need my name.
>> Okay. Well, like he said, if you're the victim of a crime, right? How are How's the state of Florida going to notify you in order to send a court date for >> That's what court servers are for.
>> They don't have your address.
>> Trust me, they do and they can find me.
That's their job.
>> going to look up Rafael Gomez in Miami?
>> Yeah, that's what court servers do.
>> Okay. And just how many Rafael Gomezs do you think there are in Miami Dade County?
>> Dozens.
>> Okay.
So, how are we supposed to know it's you compared to the other dozen that are here? We don't get your date of birth or something specific >> That's fine. I gave it to y'all. I gave it to y'all.
>> that, but you're saying is there are and I'm just trying to explain to you why it is relevant.
>> It It's only It's only It's only relevant if you're going to [ __ ] give this guy a PTA. If you're not If you're not going to do [ __ ] it's irrelevant.
If you're not going to give him a promise to appear. If you're not going to send him to court, it's totally irrelevant. Are you going to give him a PTA?
>> Nobody said that nothing's happening.
>> You're going to give him a promise to appear?
>> Nobody said that nothing's happening.
>> That's what I'm saying. You guys ain't going to do nothing. So, why do I have to give my information?
>> Okay, it's for the report.
>> But you're going to get his date of birth?
>> Of course.
>> If you're not going to summon him to court, then you don't need my date of birth.
>> Okay.
>> All right, guys. It's time's up. We're going to have to do a public records request on on city of North Miami police cameras, disciplinary reports, employee profiles, all of it. Performance evaluations.
And this is a good department in Miami Dade County.
>> Yes, sir.
>> Valentina and Rafael Well, I didn't violate any statute. I can tell you that. If anybody violated a statute, it's him.
>> Sir, we have to do a full investigation on both sides, so that's why I'm going to watch the video.
>> That gentleman needs to be educated on the law, that that he can't assault people, number one, and number two, he needs to be educated on the First Amendment.
And and in the state of Florida, we have stand your ground, which means a person's allowed to physically defend themselves. You get what I'm saying? I know he's a security guard, but he can't do that. He doesn't have that authority.
He doesn't have the authority to turn off my camera.
So, I was well within my rights to defend myself. You guys would have defended yourself. If if you're on vacation and you go to another city and you're taking pictures and somebody grabs your camera, you're going to defend yourself in the state of Florida, for sure.
Man, do you have enough reasonable suspicion to believe that a an assault was committed?
>> They're going to watch the cameras upstairs and we'll make that determination. So, it's an independent camera from the city hall, okay?
>> Sir, what's your name?
How many times I got to repeat that, man? I don't know. I just arrived, so I Rafael Antonio Gomez.
>> Okay, that's Gomez.
>> Yes.
>> So, what what what's the story? What happened, sir?
>> I was assaulted by this gentleman when I came in here to record a government office, which is my First Amendment right. I'm a journalist.
>> Okay.
Who Who are you a journalist for?
>> For myself.
>> Okay. Can you be a little bit more specific when you say you were assaulted?
>> I was I was recording and this gentleman Can Can You see how you're holding that?
>> Yeah.
>> He comes and grabs it and takes it from my hand and I have to physically take it back and when I turn on the camera, he did it again. He physically ripped it from my hand.
>> Okay.
>> So, I I had the camera a little bit higher than you had it, like how I have it now, and he ripped it from my hand, which is an assault in the state of Florida.
>> Okay.
>> That could be a battery, but um I think it's an assault because he didn't hit me. He He hit my hand and my phone.
You get what I'm saying? If you would have hit my body you get what I'm saying? It would have been a battery, but it's it was an assault.
>> Okay.
All right. You got a document.
>> Thank you guys. I appreciate it.
>> All right. We're going to document the S-1.
Give you a case card.
Obviously if if you feel that a crime here was committed, you can press charges. You got that?
>> Now Now, you're not going to give him the promise to appear.
>> We're not going to arrest him.
>> You You're not going to present You're not going to present anything to the state attorney's office right now. No, you You're not going to You're not You're not [snorts] going to charge him You're not going to charge him criminally?
>> We're not going to physically arrest him today.
>> No, you But you could give him a promise to appear.
>> We're not going to physically arrest him today. I'm going to give you the card.
You can have all the documentation, every court that we offered you can have access to that.
>> A PTA?
>> No.
Okay. We're not going to physically take him to jail today.
>> I I know that. A promise to appear. He's got to go in front of the judge for assault.
>> You'll have the case number and you'll get every documentation that that will be offered to the bar our agency our agency is not going to arrest Okay.
>> I don't have to do anything. I don't have to go to the state attorney.
>> Uh well, I'm I'm Yeah, I'm actually I'm going to give you a case card. Yeah, if you want to pursue charges, you can go to the state attorney's office and all >> But you're not going to do anything.
You're not going to give the promise to appear.
>> We're going to write We're going to write a report.
>> You're going to write a report. All right, that's a dereliction of duty, guys. Just so you know. Okay. That's a dereliction >> This is where emotions start colliding with procedure. Gomez wants immediate accountability while the officers are trying to determine whether the evidence supports enforcement action. One thing viewers often misunderstand is that probable cause and an arrest are not always the same thing. Officers frequently have discretion. The problem, when that discretion isn't clearly explained, it can look a lot like favoritism >> [music] >> and perception matters.
>> Cuz if he did that to you, he would have been on the floor arrested. Battery on a Leo.
Battery on law enforcement if if if if if if if you.
>> Okay. You guys You guys on a crime scene pull out your phone and take pictures and if somebody snatches it from you, you're slamming them on the floor, battery Leo. And he's going to jail for the day until he pays bond. Don't lie to me.
>> The difference is that's a felony. This is not This is a >> It's a misdemeanor. A promise to appear is the same. You still got to present yourself in front of a judge.
>> I asked you a question as to why you would arrest someone in a felony.
>> Correct. But in a misdemeanor there is discretion, correct?
>> We're going to document everything.
Trying to show you >> The difference is for a felony it's a crime.
>> dereliction of duty because if they did it to you guys If they did it to you guys, he would have been arrested. So, I'm just showing the double standards, guys.
The people that work for the government get to do whatever they want and they get to push people around because they don't know the law. And the citizens have to swallow and eat it.
So, I'm here to document that because if they would have done it to one of you guys or if I would have done it to him, a government employee, I would have been in jail right now.
So, that's why I'm here. I'm here to document the double standard of the government.
Now, I need you to tell that gentleman that I'm well within my rights to record in that building.
I need you to tell that gentleman that it's my first amendment right to record in there.
>> start We did sir.
>> He's already been He's educated.
>> Sir, let me ask you. He He's allowed to snatch my phone like that and back me into a corner?
>> Yes, sir. He's already talking.
We're not going to go back and forth.
>> How do I get that body cam? How do I get that camera footage from the building?
>> I'm sure you know how to do that.
>> Yeah, he's been putting in the public records >> I got to do the paperwork.
>> Now, you heard your friend. He said I was allowed in there, right?
>> Hold on 1 second. Let us finish what we got to do. You want to go in, I can Like I said >> Once we're done we leave.
Go ahead.
Go ahead and video it.
Like I said, you're already inside the street.
You can't come in. You are allowed to go in and videotape all you like.
Once you obviously overstep your bounds you're fine.
>> You should tell Did you tell him to not overstep his bounds?
>> You heard it.
The other two officers who were talking to him videotaped him.
They just spoke to him and told you they did.
I've been out here and I've been on your video for the past 25 minutes, right?
Okay.
>> Officer, what does happen to me? Was I allowed to defend myself physically?
>> I'm not going to go back and forth with >> You saw what happened to me. Was I allowed to defend myself physically?
>> We're not going to speak about that.
>> Well, Florida's stand your ground law allows me to defend myself physically with lethal force if necessary. Cuz I thought he was trying to break my phone, a thousand dollar phone.
>> You can't [clears throat] use any lethal force over property.
>> Yeah, I can. He was battering me.
Listen, um >> You're saying it's cuz of your phone.
>> No, he was doing all of that. I didn't know his intentions. I was in fear for my life. I I Yo, I only have to be in fear for my life. You understand how the statute works? I don't know his intention. He had me pinned into a corner.
>> Mr. Gomez?
>> Yes, sir.
>> All right.
So, I saw a little bit of the film, okay?
Okay. He did commit a battery. We're going to document it and such, okay?
We are going to file a criminal complaint, but we're not going to physically arrest him today, okay? He will at some point have to see a judge to answer for his charges. You are the victim. You can pursue the charges as you see fit.
We'll give you documentation for everything we write today.
Uh just so you know, he will be removed from this uh this uh assignment or spot. He will not come back.
And again, if you provide it with the case number, >> So, now now have him come and apologize to me.
>> I I I I cannot >> Have him come and apologize and there's not going to be no criminal complaint.
>> I I cannot I'm not going to present that to him, okay? I mean it's one >> I'll I'll tell I'll tell him.
>> But you just said he battered you. He battered you.
>> He did He did, but I'm not going to >> Sir, you're saying that if he apologizes to you, you do not want to prosecute?
>> File a criminal complaint, but he's going to He's going to apologize on camera.
>> Listen, and and we we educated him.
Okay? As far as yes, you're absolutely right. You can't film here. He didn't know any better, so >> And and he can't batter someone because in the state of Florida we have stand your ground.
>> No, I understand that, but you kind of have to >> I understand, but he wouldn't even let me speak, so >> I I hear you, but listen.
You I'm trying to be empathetic to him and you you have to kind of get his position. He He did his job. He doesn't know He sees a There's a guy filming.
His first instinct is to like, "Hey, you can't do that." He didn't know any better. He got >> Ignorance of the law it it doesn't doesn't absolve you of it.
>> 100%, but you do realize some of us know a lot better than others. You know what I'm saying? And it's not like he just came up to you and battered In his mind, he thought he was I don't I don't think he's allowed to film No, but he's trying to stop it. You understand what I'm saying? I'm just trying to That's what I got to the motivation. He was wrong, 100%. Okay, but I'm trying What is the motivation? If someone does something to me, I look It could be wrong. What is their motivation? And that's that's that's all I'm trying to impart on you.
You understand what I'm saying?
>> That's why I just wanted to apologize to him. No criminal complaint.
>> You want to talk to him?
Still going to document it.
>> Okay.
>> Yeah, obviously.
>> So if this guy apologizes to me, I'll sign a no prosecution order so they could drop the charges. We need to >> hold government accountable always.
>> Okay, let's ask Tony out.
>> Yep.
>> From my understanding Um they said that you you're going to sign a non-prosecution one?
>> He's going to He's going to apologize before I sign them.
>> Okay, so you want him to apologize.
>> Yeah.
>> Okay, give me a second. Let me call him over.
>> Hey Mom, officer, I'm so sorry because I don't know what you are and now I know. It never happen again, okay? I'm so sorry. I that happened to you.
>> I'm going to have you sign here. You're going to print date, and I'm going to sign as a witness saying that you discussed the case with me and that you're at this time you don't wish to press charges, okay?
>> Yes, ma'am.
>> I have a pen for you.
>> Yeah.
>> This here is a pamphlet. It has the state attorney's information on there. If you feel as if you need to contact the state attorney, you can go ahead and contact them.
>> Perfect.
>> Okay?
All right.
And also, you can listen to >> What a twist. After nearly 25 minutes of arguments, legal debates, and frustration, the situation shifts from confrontation to resolution. This is actually something we don't see often in these audits. An acknowledgement that a mistake was made and an apology that both sides are willing to accept.
Whether you agree with Gomez's style or not, accountability, not punishment, appears to have been his ultimate goal.
Do you think the apology was enough, or should the case have moved forward anyway?
Let us know in the comments.
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