UK Cop LOSES Court Battle Against Auditor After Thinking He Couldn’t Be Sued!

[00:00:00]because of where you are.

[00:00:01]>> Am I being doing a lawful activity?

[00:00:03]>> No, but it's suspicious isn't >> Am I doing a lawful activity? Now, answer that >> from the Northeast Dog Unit. Are you one of these auditors that like >> From the Northeast Dog Unit.

[00:00:11]>> That's it.

[00:00:11]>> So, you got dogs in there?

[00:00:12]>> I have.

[00:00:13]>> All right.

[00:00:15]Right, just blocking me in, are you? No, no, no, I'm not coming over to the side.

[00:00:18]Don't touch me and don't follow me either.

[00:00:21]>> Just me, yes, sir.

[00:00:22]>> Keep it Keep it Keep it professional.

[00:00:24]>> a unit to assist with a stop outside TDJP. We've got someone filming the Met building and vehicles going in and out.

[00:00:33]I judge you've come onto the pavement.

[00:00:34]>> No, I don't need to be on the pavement.

[00:00:36]I'm glad I've done nothing wrong. Don't you touch me. Listen. Listen.

[00:00:39]>> Section 43 of the Terrorism Act, all right? I'm PC Harvey from Northeast.

[00:00:42]>> All right. What information have you got You got to use some common Detain me under that.

[00:00:46]>> Use some common sense.

[00:00:47]>> have you got to detain me under that? If you holding me >> If you let >> Look, you're holding my arm. You're holding my arm.

[00:00:53]You're holding my arm. You're holding my arm. Yeah, but they're not, are they?

[00:00:57]>> But they might.

[00:00:58]>> But they're not.

[00:00:58]>> blocking that.

[00:00:59]>> They're not.

[00:01:00]>> So, come onto the pavement. It's a >> I mean, listen, the more you drag me, the more you're going to the more you're going to You don't need to put me on the pavement.

[00:01:09]>> The officer stepping out and quickly stopping the auditor from moving shows he was making assumptions instead of properly doing his job. The strange part is that he already asks if the person is one of those auditors, which means he clearly knows about this type of activity. That should have helped him understand it was a lawful audit, not a danger. Instead, he immediately used Section 43, a serious power meant for real terrorism concerns, not someone filming >> From your behavior and your actions Yeah.

[00:01:36]>> These can be signs comparable to terrorist attacks.

[00:01:39]>> And what?

[00:01:40]>> And when people >> What have you got What information have you got to suspect suspect me of that?

[00:01:43]>> Are you going to >> What information have you got to suspect me of that?

[00:01:46]>> Are you going to listen or are you just going to keep talking over me?

[00:01:49]>> aren't I?

[00:01:49]>> Huh?

[00:01:49]>> I'm detained, aren't I?

[00:01:50]>> You are, but you're asking you're asking >> Well, I don't have to listen to you, do I?

[00:01:53]>> You're asking me questions that you want the answers to.

[00:01:56]>> Go on then. What's your answer?

[00:01:57]>> I speak to you, you're talking over me and not allowing me to talk.

[00:02:00]>> Go on then. Talk.

[00:02:00]>> Okay. You might be one of these new auditors they're called that like to provoke a response out of the police to try and get something for clicks and likes and views on YouTube. It's like a new trend that people like to do. Also, you could have suspected terrorists potentially that could be doing what's called hostile reconnaissance. And what people do before they may decide to launch a terrorist attack is they like to come and do reckies of the buildings and the vehicles that they might think I'm going to do an attack on that vehicle or that car. That's another reason. Okay, and that's why I've stopped you and that's why you've been >> Using hostile reconnaissance as a reason to stop someone who is peacefully recording is a very weak argument. Real criminals planning attacks usually do not stand in public filming openly. They use hidden methods like online maps, drones, or secret surveillance. Even if there was a possible concern, the officer ignored the situation.

[00:02:52]>> Why do you suspect me of doing that? Cuz that building >> Why do you suspect me of >> is vulnerable.

[00:02:56]>> Why do you suspect me of doing that?

[00:02:58]>> Because of where you are.

[00:02:59]>> Am I being doing a lawful activity?

[00:03:01]>> No, but it's suspicious.

[00:03:02]>> But am I doing a lawful activity? Now, answer that question. Answer that question. Am I doing a lawful activity?

[00:03:08]>> What? By filming a police building and vehicles coming in and out of it?

[00:03:11]>> Yeah. Yeah.

[00:03:11]>> No, mate. It's suspicious.

[00:03:12]>> Oh, it's not but it's lawful though. It doesn't have to be So what if it's suspicious? It's lawful, yeah?

[00:03:17]>> It's lawful.

[00:03:18]>> It's legal, but I also but it's legal.

[00:03:20]Stop there.

[00:03:21]>> Okay, so you're still talking over >> Yeah, because it's legal. I'm not doing nothing wrong. What information have you got to suspect me of being a terrorist?

[00:03:27]What's my behavior? Because I'm filming >> Huh?

[00:03:29]>> because I'm doing something lawfully.

[00:03:31]>> Because you're filming >> being Am I being unlawful? Am I breaking the law?

[00:03:35]>> Huh?

[00:03:35]>> Am I breaking the law?

[00:03:36]>> You've been detained under section >> Yeah, but am I breaking the law?

[00:03:38]>> Mate, don't do that. That's my vehicle.

[00:03:41]>> I don't care if it's an unmarked vehicle. I can stand here do whatever I want.

[00:03:44]>> That power that under section 43 43 in the Terrorism Act gives us the power to look at phones that are being used, Uh that have been taken on those phones and videos. That's what I'm going to do on that Samsung at the moment.

[00:03:56]>> The officer's reason for checking the auditor's phone using section 43 is legally questionable. That power may allow a stop and search when there is reasonable suspicion of terrorism, but it does not automatically allow officers to view someone's private photos and videos. Accessing personal phone content needs stronger >> I don't think that you're doing something legally will stop me under section 43. That's crazy. No, it's not few and far between. No, get your facts right.

[00:04:21]Get your facts right.

[00:04:22]And I'm telling you what's going on at the moment. Okay, I will carry on recording. I'm not going to tell you my name.

[00:04:28]No. No, okay. So, I'm going to search you with it on your back. So, turn around and face the wall. I'm I'm not doing anything wrong. I'm going to follow your instructions. All right, you can just sit tight then.

[00:04:38]Do you know what? Your colleague, right, stopped me under section 43. Yeah? But I've done nothing wrong. I've been filming here. Yeah? I can't film in public. No, but I've been filming, but I've done nothing wrong.

[00:04:50]But I'm filming. It's It's filming It's filming. Yeah, but is filming wrong? Can I film? I'm just asking. Now, I'm asking you. I'm asking you though.

[00:05:05]But I'm asking you a straight question.

[00:05:07]Will I answer the question? Yes or no?

[00:05:09]Okay.

[00:05:10]Is that a yes or no answer? Yes. Oh, so I can film, yeah?

[00:05:14]I can film. So, if I can film, why is he stopping me under section 43?

[00:05:20]I'm not him. I don't know.

[00:05:21]All right. You see?

[00:05:23]He's not you. He doesn't know. If it was him, he wouldn't have stopped me. You know why? Because I can film on the street legally, lawfully.

[00:05:30]>> This moment shows how weak the original detention was. When the auditor asks the second officer, "Can I film in public?"

[00:05:36]The answer is yes. That simple response damages the reason behind the section 43 stop. If filming in public is allowed, then why did the first officer quickly use such a serious law?

[00:05:46]>> Don't put your hands on me. Do not put your hand on me.

[00:05:50]>> I can put this anywhere I like.

[00:05:52]>> No, listen. You are standing close to me. No, you go away. Go away. You step away.

[00:05:59]>> No, what now?

[00:05:59]>> Right? Because you're now you're antagonizing me.

[00:06:01]>> I'm not talking about >> Yes, you are. You're trying to escalate the situation. Step away. Step away and do not touch me. Well, then I'm not going to let you speak. I don't want to talk Look, you're doing it again. You're doing it again. You're threatening me.

[00:06:12]You are threatening me. You are causing me alarm and distress. You're You're such a way away from me. You do not need to outstretch your hand. I can stand where I like.

[00:06:22]I can stand where I like.

[00:06:24]I can put my this in my face.

[00:06:26]No, do not I'm not going near you. I'm not going near you, but I can put it in your face if I like.

[00:06:31]Okay. Yeah, yeah. Yeah, cool. You got an arm's distance. I've got an arm's distance.

[00:06:36]I can do what I want.

[00:06:38]Yes, I can, actually. I can.

[00:06:40]Yeah, look, I'm not coming near you.

[00:06:42]You're the one that's stepping near me.

[00:06:45]Move your hand from me.

[00:06:47]All right, then. Big man, big man, big man. Yeah, yeah, whatever. Yeah, yeah, yeah, yeah.

[00:06:52]See? You're right in my face now. You're right in my face, so you think you can do it, but I can't.

[00:06:58]Yeah, look, see?

[00:07:01]Look, see?

[00:07:02]Look, see?

[00:07:04]No, I'm not standing here. I'm moving. I can walk.

[00:07:09]>> This officer's actions looked more like intimidation than a real safety concern.

[00:07:13]The auditor was not threatening anyone.

[00:07:15]He was simply recording and standing at a distance while defending his rights, but the officer suddenly told him to stay back.

[00:07:21]>> your surname, or you refuse to give that?

[00:07:23]>> Who's refusing?

[00:07:24]>> I don't know. What's your surname?

[00:07:25]>> Don't use the word refuse.

[00:07:26]>> Okay, what's your >> Do I have to give it to you?

[00:07:27]>> No, you don't.

[00:07:28]>> Oh, well, then.

[00:07:28]>> So, you are refusing.

[00:07:29]>> I'm not refusing.

[00:07:30]>> Well, you are.

[00:07:30]>> I'm not refusing. I don't have to give it to you.

[00:07:33]Why don't you understand what you're saying?

[00:07:35]>> Do you want to just show us your the gallery on the phone of the photos that you've taken in the videos? And what's the What's under the law.

[00:07:43]>> I have to do that under the law.

[00:07:44]>> Yeah, under section 43.

[00:07:45]>> let me just say something to you, right?

[00:07:47]Hold on, hold on. Where's my Where's my thing? Give me my stop slip.

[00:07:49]>> I'm going to give it to you in a minute once we finish.

[00:07:51]>> Okay, let me just say something before I turn this off and show you, yeah?

[00:07:54]>> to turn it off, but you can keep it on.

[00:07:55]>> I will have to turn it off. How can I record if I've got to show you stuff?

[00:07:58]>> Cuz you can keep the app going, can't you?

[00:07:59]>> What app? My filming app?

[00:08:01]>> I don't know. Whatever you use.

[00:08:02]>> No, that's what I'm filming, yeah. But let me just tell you something, yeah?

[00:08:05]>> Go on.

[00:08:05]>> I don't want you to look at my my personal property, right? Yeah?

[00:08:09]Under section 43, yeah? You It doesn't say that you you can look under my property in the sense that you're saying it.

[00:08:15]>> Right.

[00:08:16]>> Obviously, you're you're coercing me that I have to show you because as you're far as you're concerned, yeah?

[00:08:21]It's this is part of your bully boy tactics. What are you looking for?

[00:08:25]>> Uh similar sort of things at other protected sites.

[00:08:28]>> And what are you looking for? Be specific.

[00:08:30]>> Photographs and films of other police buildings and if there's a pattern of behavior.

[00:08:34]>> But obviously But obviously I I film police buildings.

[00:08:38]But what did you say I was?

[00:08:40]>> Huh?

[00:08:40]>> What did you say I could be?

[00:08:41]>> A terrorist.

[00:08:42]>> No, you didn't say that as well. Two things you said. What was the other thing? What was the other thing? Don't bother me. What was the other thing you said?

[00:08:48]>> I don't know. Go on.

[00:08:49]>> Oh, you can't remember?

[00:08:49]>> No.

[00:08:50]>> You said two things. You said you could be one of these new >> Oh, an auditor.

[00:08:54]>> Oh, okay.

[00:08:54]>> Yeah.

[00:08:55]>> So if I'm an auditor, what will I have on my phone?

[00:08:57]>> I don't know. I haven't looked at it yet.

[00:08:59]>> No, but what would I have on it if I'm an auditor? If you know about auditing, what will I have on my phone?

[00:09:03]>> Other videos >> Of >> and photos of officers, of ambulance staff, of firefighters.

[00:09:09]>> No, no, no. We don't do ambulance or firefighters. We just do police Well, I just do police personnel.

[00:09:14]>> Lovely.

[00:09:15]>> Yeah.

[00:09:15]>> Do you want to stop showing me your >> what you're going to see on my phone.

[00:09:17]>> Okay.

[00:09:17]>> Yeah?

[00:09:18]>> Right.

[00:09:19]Have you got >> that going to be an issue?

[00:09:20]>> I don't know yet cuz I haven't had a look.

[00:09:22]>> Yeah, but they're going to be the same as filming. This is what I'm saying.

[00:09:25]You're not going to see any >> If you believe someone is part of a legal movement where people record public buildings to hold authorities accountable, then finding those same videos on their phone should not be treated as suspicious. That is exactly what you would expect to find. The officer saying I don't know yet is also important >> know under section 43 you have to be specific.

[00:09:43]>> I've just told you, photographs.

[00:09:45]>> Yeah, but when you see these photographs what you know what you're going to see.

[00:09:48]>> I look at them, do I?

[00:09:49]>> What's all those questions you was asking me if I have what? If I've worked, if I if I do this all the time, if I travel up and down.

[00:09:55]>> Yeah.

[00:09:56]>> Yeah.

[00:09:56]>> I'm interested.

[00:09:57]>> You are?

[00:09:57]>> Yeah.

[00:09:58]>> Well, when this comes out be interested because you'll you'll see yourself.

[00:10:02]You'll see yourself.

[00:10:03]>> Excellent.

[00:10:03]>> You've lost, mate. You've lost. You've lost because you've legally detained me under section 43. Do you know what? You really don't know what you're doing.

[00:10:12]You've never done it before, obviously.

[00:10:13]You've never seen a terrorist in your life, yeah?

[00:10:17]Oh, I I bet you haven't, have you? Have you seen a terrorist?

[00:10:20]>> tell you, mate.

[00:10:20]>> Huh? You can't? Why not? Why? Because you're that big that you're you're so massive that you can't say whether or not you've you've seen some. It's like me asking you if you've seen a burglar and you're going to say I can't tell you that. Huh? What's the difference?

[00:10:32]>> Sorry. Mate, I'm getting bored.

[00:10:34]>> Don't call me, mate. You keep on calling me, mate. I'm not your mate. I never would want to be your mate.

[00:10:38]>> Okay. Whatever. So let's >> Oh, yeah, whatever. Off you go. Off you go. Don't don't talk to me. I don't want to hear you. I don't want to hear what you've got to say.

[00:10:46]>> See?

[00:10:47]I don't want to hear bully boys. Oh, well. What rubbish that