AGGRESSIVE UK Police Go HANDS ON With Genius Auditor at Migrant Hotel

[00:00:00]I'm asking you to move that way though on time.

[00:00:04]>> You're getting too close. You're too close. I'm here peacefully.

[00:00:06]>> So I'm going to slightly nudge you that way, please.

[00:00:08]>> Well, you're making physical contact now.

[00:00:10]>> asking you to move because you're refusing to leave. You're refusing to leave.

[00:00:14]>> It's Raw Unscripted back on the road.

[00:00:15]And people say to me, "Why do you keep going to film migrant hotels pretty much exclusively now?

[00:00:21]And why do you keep going back to the same sites all the time?"

[00:00:25]Which is feedback that I appreciate and I will listen to carefully.

[00:00:29]I may just make decisions based on that information.

[00:00:32]Anyway, we're back at Best Western Nottingham Derby.

[00:00:37]Let's find out what's going on here.

[00:00:38]>> Right.

[00:00:39]Before we even get into the legal side of this, just watch that opening. A security guard counting down from five.

[00:00:46]A filmmaker standing his ground. Police arriving in under 4 minutes.

[00:00:50]This is the Best Western in Nottingham.

[00:00:53]A hotel that's been in the news for housing asylum seekers.

[00:00:57]And what you're about to see is a textbook example of how quickly a camera and a car park can turn into a full constitutional flashpoint.

[00:01:06]The question running through this entire video is deceptively simple. Whose rules actually apply here? The hotel's, the security guards, or the laws?

[00:01:17]Because spoiler, those three things are not always the same thing. And today they are about to collide head-on.

[00:01:25]>> Excuse me, sir. Can I please ask you to leave the site?

[00:01:29]Can I please ask you to leave the site?

[00:01:30]You're trespassing.

[00:01:32]>> I'm going to stay here for now.

[00:01:34]>> No, sir. Can you please leave the site?

[00:01:35]You're trespassing, sir.

[00:01:36]>> I'm no I'm no threat to the anyone.

[00:01:38]>> Sir, you're trespassing. You have no business being on this site. You have no no permission. You're trespassing. By all means, you can go to the barriers over there and do what you need to do.

[00:01:46]But can you please leave the site, sir?

[00:01:47]>> I'm I'm here peacefully.

[00:01:49]>> Sir, I'm talking to you peacefully. Can you please leave the site?

[00:01:53]You have no permission to be in here.

[00:01:55]hear? is a private site. If I came to your home without your permission, I'd be trespassing.

[00:01:59]Trust me, brother. I know the law. Could you please leave the site?

[00:02:02]>> I'm not doing anything criminal.

[00:02:04]>> Sir, you're trespassing. That is enough.

[00:02:06]>> It's not criminal, though.

[00:02:07]>> Sir, I'm I don't want to debate with you.

[00:02:09]>> Okay, neither do I.

[00:02:10]>> I'm going to ask you to can you please leave the site?

[00:02:12]>> You've already asked me once.

[00:02:13]>> Yes, I'm going to ask you again. Could you please leave the site, sir?

[00:02:16]>> No, I'm staying here for a bit.

[00:02:17]>> You're going to stay here? Okay, that's fine.

[00:02:21]>> So, here's where it starts. The guard says trespass.

[00:02:25]And look, he's not pulling that word out of thin air. This is private land. No dispute there.

[00:02:32]But here's what gets missed every single time in these situations. Civil trespass in England and Wales is not a crime.

[00:02:40]It's a tort, a private wrong between two parties. The guard can ask him to leave.

[00:02:45]The hotel can pursue it in a civil court.

[00:02:48]What they cannot do, at least not yet, is have him arrested just for standing there filming peacefully.

[00:02:55]The auditor knows this. The guard clearly doesn't want to hear it.

[00:02:59]And that tension, it's only just starting to build.

[00:03:03]>> Wow, check that out.

[00:03:08]I started recording 3 minutes and 33 seconds ago.

[00:03:14]I mean, they they are in the area, but even so.

[00:03:18]>> Cuz you are trespassing, so you can be arrested.

[00:03:21]>> Well, if the police here, then your job's done, isn't it?

[00:03:23]>> No, my job's never done, sir. My job's never done.

[00:03:26]>> I think I think the police have got more authority than you, aren't they?

[00:03:29]>> I think you think too much, sir.

[00:03:50]So, you've been asked three times. This is going to be the fourth time we're asking you. Could you please go beyond the public sector, which is outside the barrier, please, sir?

[00:04:00]I have spoken to you before. Last time you decided to come on here and have a picnic right there. Remember?

[00:04:04]>> Yeah, and you snitched You snitched on me. Yeah, you snitched on me last time, didn't you?

[00:04:07]>> 4 minutes.

[00:04:09]That's how long it took for police to show up after the guard made a call.

[00:04:13]Now, think about that.

[00:04:15]The auditor hasn't raised his voice. He hasn't touched anything. He's just stood there with the camera, and yet blue lights.

[00:04:23]The guard's line here is almost comical.

[00:04:26]My job's never done.

[00:04:28]But underneath that bravado is something worth paying attention to.

[00:04:32]He's treating the police like a personal removal service.

[00:04:35]And the officers, at least initially, seem happy to play along. That's where this gets genuinely interesting.

[00:04:42]>> Sir. Sir.

[00:04:43]>> You snitched on me last time, didn't you?

[00:04:45]>> I don't need to snitch, sir. You're trespassing. So, I'm going to ask you to go by the public section, sir.

[00:04:49]>> Yeah.

[00:04:50]>> Please leave the site.

[00:04:51]Hello, sir. You all right?

[00:04:52]>> Hello there.

[00:04:53]>> Hello.

[00:04:54]I just wanted to say >> Don't Don't Don't come too close.

[00:04:56]>> We're not that close, don't worry. We're not going to hurt you.

[00:05:00]We're not actually come specifically to >> Yeah, well, no, it's just I want to get you on camera, that's all.

[00:05:03]>> Okay, that's fine.

[00:05:04]>> Yeah, I've got It's not like a physical threat, yeah.

[00:05:07]>> I just wanted to make sure you were here.

[00:05:08]>> Just making a video of the hotel, yeah.

[00:05:10]>> Okay. For any particular reason?

[00:05:12]>> No.

[00:05:14]>> Fair enough. Okay. What are you planning to do? Take your video and go, or are you planning to stay?

[00:05:19]>> Uh just taking it as it comes, really.

[00:05:21]>> No, no, any video on this side. Okay. Do you go Is Is this what you normally do, then? Or is it just just today?

[00:05:28]>> I'd rather not say, to be honest.

[00:05:29]>> Okay. No worries, mate.

[00:05:34]>> A couple of months ago, this gentleman trespassed on site.

[00:05:37]I asked him to leave because he was trespassing.

[00:05:39]>> Right.

[00:05:40]>> Now he's decided to come back in here and film, and it's not allowed to come on the private section. That's been It's not public.

[00:05:47]He's been told three times. He's not allowed to have any footage of him here at the residence here. You know, permission have to ask him to leave.

[00:05:54]He's been here too long.

[00:05:55]He's been approximately about 15 minutes.

[00:05:57]>> That is absolutely nonsense. I've been here I've been here 5 minutes.

[00:06:02]I've been here 5 minutes.

[00:06:06]Well, he's lying. I'm not accepting that.

[00:06:07]>> Now, watch this carefully. Because this is where the guard overplays his hand.

[00:06:13]He tells the officer the auditor has been here 15 minutes. The auditor pulls out his own timestamp. 5 minutes on camera.

[00:06:22]That's not a small discrepancy. That's nearly a three times exaggeration. And it matters because the entire justification for escalation is being built on the auditor's behavior and how long he's been there.

[00:06:36]If that foundation is shaky, and it looks very shaky, then everything built on top of it becomes questionable, too.

[00:06:44]And then, the guard says something remarkable.

[00:06:47]I know myself. I don't want to touch it.

[00:06:50]He's essentially admitting he doesn't trust his own restraint.

[00:06:54]That's not a minor detail. File that one away.

[00:06:59]>> No need for lying.

[00:07:09]>> Um, because I know myself. I I don't want to touch you. I know myself.

[00:07:14]Um, so >> You finished your filming now, then?

[00:07:17]This gentleman doesn't want you here.

[00:07:18]And to be fair, this is their property.

[00:07:20]>> Yeah, but I'm peaceful.

[00:07:22]>> Okay.

[00:07:22]>> I'm being peaceful also.

[00:07:23]>> I appreciate he's peaceful, but it's his it's private property, so he can technically use reasonable force to remove you from here.

[00:07:30]>> Yeah, he can do that, yeah.

[00:07:31]>> Okay. Why don't you why don't you just go calmly rather than having you having to use reasonable force?

[00:07:36]>> Because I've not finished my video yet.

[00:07:38]>> Okay.

[00:07:40]I appreciate you've have finished your video, but he's he's asking you to leave.

[00:07:44]>> Yeah, he's well within his right. He's asked me a number of times and I've politely declined. I've not been aggressive.

[00:07:49]>> You do you recognize that reasonable force can be used?

[00:07:52]>> Yeah, I recognize that. Yeah. Yeah.

[00:07:54]Yeah.

[00:07:54]>> And you understand that's a risk you're going to be taking if you continue to stay.

[00:07:57]>> Yes.

[00:07:58]>> And yet you are choosing to >> I am choosing I'm just making a video peacefully.

[00:08:04]That's all.

[00:08:05]>> I know. I understand that.

[00:08:06]>> He wants you to walk off your of your obviously on your own free will that way. Obviously, you are currently on private property, which you know that as well. And he's got every right being telling you to obviously you can film out there on where the pavement is.

[00:08:20]>> Yeah, I will be doing that later on.

[00:08:21]Yeah.

[00:08:21]>> Okay. He's asking you to leave now, sir.

[00:08:24]>> I know. I've politely declined.

[00:08:25]>> This is the moment where one of the officers says something that's technically correct, but lands in a really uncomfortable way.

[00:08:33]He confirms, yes, the landowner can use reasonable force to remove a trespasser.

[00:08:39]That's real law.

[00:08:41]But then he essentially uses that fact as leverage to pressure the auditor into leaving voluntarily.

[00:08:48]Why don't you just go calmly rather than having to use reasonable force?

[00:08:53]Now, is that de-escalation or is that a uniformed officer doing a security guard's negotiating for him?

[00:09:01]Because there's a version of this where the police are genuine peacemakers and there's another version where they've already quietly picked a side. The auditor sees it and he's not moving.

[00:09:13]>> I'm just I'm just trying to say to you I'm just imagining you young man. I come to your house and your property filming without your permission. What would you do?

[00:09:21]>> Yeah, this is not anyone's house, is it?

[00:09:23]This is not anyone's house.

[00:09:24]>> No. No. No. No.

[00:09:26]From the shift I'm here, when when I'm here for 13 hours, this is my home.

[00:09:29]>> No, it's not. It's No, it's it's >> When I'm on duty, it's my home.

[00:09:33]>> If you could let me If you let me get a word in edgewise. But you're not you're not you're letting me not letting him speak, so >> Sir, I'm asking you to leave.

[00:09:39]Because in 5 seconds, I'm going to help you.

[00:09:42]>> Okay, go go on then.

[00:09:57]>> Sir, can you start walking that way, please? So that I escort you off because the gentleman has asked you to >> Obviously >> leave. And >> You're getting way way too close.

[00:10:04]>> Well, I'm not being aggressive.

[00:10:05]>> Okay, but I'm asking you to So if you walk that way, I don't have to be close to >> Yeah, don't get so close.

[00:10:08]>> Okay. If you walk that way, sir, I don't want to I don't have want to have to usher you that way, but I'm asking you politely to >> you want to get hands-on, then by all means.

[00:10:16]>> Sir, >> I'll see you in court.

[00:10:17]>> Okay, sir.

[00:10:17]>> I'm being peaceful. I'm being peaceful.

[00:10:20]That man there has got the authority to remove me if he wants to.

[00:10:23]>> Okay.

[00:10:23]>> And here it is, the moment this whole video hinges on.

[00:10:28]The guard counts down, 5 seconds, and a police officer physically nudges the auditor.

[00:10:34]Not a dramatic shove, a nudge. But the auditor calls it immediately and calmly.

[00:10:40]You're making physical contact.

[00:10:43]He's right to call it because here's the thing, a police officer using physical force generally needs a lawful power to do so, not just a request from a security guard, not just an annoyed hotel manager, an actual legal basis.

[00:10:58]And at this precise moment, no power has been cited, no arrest has been made, no breach of the peace has been declared.

[00:11:06]So, what exactly just happened there?

[00:11:09]>> Well, I'm asking you, but he the fact doesn't want to get >> I need to get you in camera.

[00:11:12]>> He feels that it's going to escalate.

[00:11:13]It's fine, sir. I'm asking you to >> No, you're making you're making me back up now.

[00:11:16]>> I'm asking you to move that way, though, one time.

[00:11:18]>> You're getting too close. You're too close. I'm here peacefully.

[00:11:21]>> So, I'm going to slightly nudge you that way, please.

[00:11:23]>> Well, you're making physical contact now.

[00:11:24]>> asking you to move because you're refusing to leave. You're refusing to leave. I've asked you nicely.

[00:11:29]>> No, you No, you can't.

[00:11:30]>> you nicely to go.

[00:11:31]>> can.

[00:11:32]>> Would you like me to move this gentleman off your premises?

[00:11:34]>> Okay, that's right. If you'd like to move that way, please.

[00:11:36]>> Being physically removed by police.

[00:11:38]>> Come on. I've asked you nicely to go yourself.

[00:11:40]>> you multiple opportunities to do that.

[00:11:41]That gentleman can You're happy to walk of your own accord.

[00:11:46]Of course we're not going to use force on you.

[00:11:47]>> You have used force. You put your hands on me.

[00:11:49]>> Because you wouldn't move, and now you are moving, so we've stopped using force to move you.

[00:11:52]>> We asked you politely to move, didn't we? You've got to be fair with us. We did ask you politely to move.

[00:11:55]>> But do you do you admit that you just touched me?

[00:11:57]>> Well, I moved you because you >> Yeah, you Yeah, you touched me, yeah.

[00:12:00]>> He's using to leave the premises.

[00:12:02]Ask this gentleman. You too.

[00:12:04]>> Move slightly a little bit over there for me, please.

[00:12:05]>> No, I'm on the public now.

[00:12:07]>> Okay.

[00:12:08]Well, if you go back in there, like I said to you, you can film from here, though.

[00:12:11]>> want any advice.

[00:12:12]>> Okay. Okay. Well, we're trying to be as reasonable as we can with you.

[00:12:16]>> Yeah.

[00:12:16]>> I'm not saying you're being unreasonable. I'm just trying to suggest that you need to understand that this gentleman is just doing his job, >> Yeah, yeah.

[00:12:22]>> and he's trying to be reasonable with you. You may not agree with him, and you may not agree with what's happening, or anything that's happening at the moment, but all I'm suggesting is that we're trying to keep tensions low. I don't want things to escalate >> Yeah, you went hands-on. I was there peacefully.

[00:12:33]>> We didn't go completely hands-on there.

[00:12:34]That's a bit of an exaggeration.

[00:12:36]>> Listen, trespass is a civil matter.

[00:12:39]You've gone hands-on.

[00:12:40]>> This gentleman has said to me, "If this gentleman doesn't want you here, we can consider that a breach of the peace offense, okay? And if he doesn't want you here, we can consider it that, and that gives us the power to remove you using reasonable force to do so."

[00:12:53]>> I'm sorry, but you've got no grounds for breach of the peace.

[00:12:55]>> Okay. We can argue about that.

[00:12:56]>> Yeah, we'll see what IOPC have got to say about that.

[00:12:58]>> Okay, that's fine. That's fine.

[00:12:59]>> What are your numbers?

[00:13:00]>> Now the officer reaches for breach of the peace, a real old common law power that gives police authority to act even before a crime is committed if violence is genuinely imminent.

[00:13:13]It is a legitimate tool, but, and this is a significant but, the courts have consistently held that it requires more than just someone being somewhere they're not welcome.

[00:13:26]The auditor was calm the entire time. No raised voices from him, no threatening behavior, no crowd gathering.

[00:13:34]The officer even seems to sense he's on thin ground.

[00:13:38]We'll see what the IC's got to say.

[00:13:41]Which is essentially an admission that this isn't settled.

[00:13:44]The auditor takes collar numbers. That's exactly the right move. Because if this does go anywhere, those numbers matter.

[00:13:53]>> 15803 Brown, 14847 Hussein.

[00:13:57]>> Thanks.

[00:13:58]>> Like I said, you can film there and I asked you to go and film here as well.

[00:14:03]Are you happy to give me your details, sir?

[00:14:06]>> I already know the answer that you're going to tell me, but I'm asking anyway.

[00:14:09]>> No, I'm not giving details.

[00:14:11]>> Okay, that's fine.

[00:14:13]Okay, you can film there, that's not an issue.

[00:14:15]>> Yeah, again, thanks for your advice, but it's unwelcome. I've not asked for any advice, have I?

[00:14:22]>> Well, you've already straight away said that I'm not >> No, I haven't. I'm on the public highway.

[00:14:28]I'm on the public path.

[00:14:30]>> Well, where is the barrier? It's there.

[00:14:31]>> The path is here.

[00:14:32]>> No, the barrier is here.

[00:14:34]>> The barrier doesn't No, I'm not having that. No.

[00:14:36]>> Okay, we've asked you nicely, but you're just playing silly games with us now.

[00:14:39]You're just causing trouble.

[00:14:41]>> I'm staying on the public path. That is a public path.

[00:14:43]>> are you? Because the barrier is here.

[00:14:45]>> Yeah, that barrier is for cars.

[00:14:46]>> Yeah, but the barrier signifies where private property starts and where the public property ends.

[00:14:50]>> I think that.

[00:14:51]>> That's not public >> Well, I disagree and I think the barrier is there.

[00:14:54]>> And so we're giving you a reasonable chance to move. We thank you.

[00:14:57]>> And just when you think the tension has peaked, this happens.

[00:15:01]A quiet argument about a barrier.

[00:15:03]Sounds mundane. It isn't. Because if that barrier doesn't actually mark the legal boundary of the private property, and the officer eventually seems to accept that it might not, then the auditor may well have been on public land for part or all of this encounter.

[00:15:20]Which would mean every single removal attempt, every bit of pressure applied, every reference to trespass potentially falls apart.

[00:15:29]The officer's climb down is subtle. He doesn't announce it. He just quietly tells the auditor he can film from where he's standing.

[00:15:37]Watch that moment twice. It speaks volumes.

[00:15:41]>> Complete overreaction.

[00:15:44]Police go hands-on to assist the Morgan Hotel security, which I don't think they should be doing.

[00:15:50]I think they could advise the security.

[00:15:54]>> So, sir, um because you've been here on multiple occasions and you're causing this gentleman a degree of harassment, I'm going to ask your details in section 50 of the Police Reform Act, okay? I want to make it clear that you are required by law to pass me those details. And if you refuse to do so, it's a criminal offense, which you will be arrested for.

[00:16:10]>> Okay.

[00:16:11]>> I'm making that clear.

[00:16:12]>> Yeah.

[00:16:12]>> Will you now provide me your details?

[00:16:13]>> I will, yes.

[00:16:14]>> Okay, thank you very much.

[00:16:15]Just going to pause the video, okay?

[00:16:17]>> That's fine. Obviously, I'm still recording. Just make that clear.

[00:16:19]>> Yeah.

[00:17:02]>> So, a couple of questions now. Can they go hands-on on behalf of the hotel security?

[00:17:07]And were they within their rights to force me to give my details under threat of arrest?

[00:17:13]>> Right. This is the big one. Section 50 of the Police Reform Act.

[00:17:18]The officer cites it, gives the full formal caution, and the auditor, to his credit, complies.

[00:17:25]But, let's look at what Section 50 actually requires.

[00:17:29]The officer needs reasonable grounds to believe the person has been acting in an antisocial manner.

[00:17:35]Not trespassing, not filming, not being somewhere a security guard doesn't like.

[00:17:41]Antisocial behavior.

[00:17:43]And the specific grounds given here?

[00:17:46]That the auditor has visited before and is causing the guard a degree of harassment. Peaceful, repeated visits to a hotel that is operating under a government contract housing people whose situation is a matter of enormous public debate.

[00:18:04]If that satisfies the harassment threshold, then the bar has been set in a very strange place, indeed.

[00:18:11]The auditor's two questions at the end of this clip are the exact right questions.

[00:18:16]Hold on to them.

[00:18:18]>> Police getting ready to leave now.

[00:18:21]It's been a fair while.

[00:19:01]Camera's gone off. Body cam's gone off there.

[00:19:05]How will that >> Lots to review there.

[00:20:47]Not sure whether the police overstepped the mark there or not. I'll have to look into it.

[00:21:01]Best Western Nottingham Derby revisit.

[00:21:06]Don't forget to like the video, make a comment if you've got something to say about that, subscribe, and hit the notification bell.

[00:21:14]>> So, here's where we land.

[00:21:17]Three things to take away from today.

[00:21:20]One, civil trespass is not a crime. A security guard's frustration is not a lawful basis for arrest, and police being called to enforce a private landowner's wishes puts them in genuinely uncomfortable legal territory.

[00:21:34]Two, breach of the peace is a real power, but it's being stretched uncomfortably thin here.

[00:21:41]A calm man with a camera does not obviously meet the threshold courts have typically required.

[00:21:47]Three, section 50 is not a catch-all. It has a specific condition attached to it, and whether peaceful repeated filming clears the antisocial behavior bar is a question worth asking loudly.

[00:22:00]What this auditor did well, he stayed calm when almost anyone else wouldn't have.

[00:22:06]He got collar numbers. He asked the right questions. He didn't take the bait once.

[00:22:11]Whether the police overstepped here is something I genuinely want to hear your view on.

[00:22:16]Drop it in the comments below, because this one is not black and white.

[00:22:21]Subscribe and hit the bell.

[00:22:23]Next video we're looking at a stop that goes even further than this.

[00:22:27]This video is educational, not legal advice.

[00:22:31]Always check local laws.