Citizens have a First Amendment right to record police officers performing their duties in public spaces, and police cannot legally prohibit this activity; courts have consistently recognized this right, though officers may still approach citizens under community caretaking or public safety concerns.
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Officers Claimed Recording Was ILLEGAL...Then Got SCHOOLED #idrefusal #copownedAdded:
Can we help you?
No, I'm okay. Thank you. Okay, so stop recording the vehicle.
You just told me to stop recording in public?
>> I said stop recording the vehicle.
You basically just told me to stop recording in public. Yep. Why would you tell me that? To stop recording the vehicle.
Why did you tell me to stop recording in public?
What's your name and badge number?
Can I have your card?
>> Can I have your card, please?
>> Badge number 24735. Nice to meet you.
I'm Guy.
Nice to meet you.
>> What's your name? I'm doing well. My name is Officer Bedoya.
Bedoya, all that art is mad Spanish.
Bedoya. Oh. You have a a card?
Yes, please. Yeah.
Why did you tell me to stop recording?
Well, why are you so close to the vehicle and recording inside of the vehicle? What's the problem? Me recording or me being close to the vehicle? You recording inside of our department vehicle.
Ours as like the people's? The city's.
>> Or ours as in the And YPD's. The police department. The city's the city's, right?
I mean it's city property, right?
I answered that question already.
Can I have your card, please? Recording in public. And then you you asked me if I needed help and I asked you a question about the car, you didn't want to answer my question about the car. So, obviously you don't want to help me.
Do you want to help me or We're trying to figure out what the problem was with you. I'm just investigating the city property. That's it.
>> strange because It's not strange. We're trying to see if you needed No, yeah. I was asking I was asking you a question about the car, you didn't want to answer it. Huh? That's what you were asking, what is inside of our vehicle? Yeah, there's a white box on there. I was wondering if you knew what it was.
All police cars have something different. I find them interesting. So, I investigate them cuz it's city property and the people pay taxes to fund these vehicles, they're public property.
>> Yeah, like the taxes that we both paid to to fund all of this stuff, right? I mean, you pay taxes You pay taxes on tax money.
So, it's a little bit different.
But, um you told me so I can't record in public?
So, why she told me to stop recording?
But, you was recording inside the vehicle, so we had to make sure that things were good with you.
>> Yeah, all is well. I'm just >> sure we are safe. Yeah, you're safe. I'm not a threat to you.
>> We were trying to figure out what was the situation here. Yeah, I'm just recording inside the vehicle. That's fine. There's no problem, man. We're making sure you're good. June 2023, New York City.
What started as a citizen filming a police vehicle quickly turned into a First Amendment confrontation. After an officer allegedly tells him to stop recording, a routine interaction becomes a debate over constitutional rights, police authority, and the limits of public photography.
But, the problem became when she told me to stop recording.
Look, but she said That right there, you you just opened yourself up to a lawsuit. Okay. Go ahead. You can't You can You can You're not even supposed to tell me to stop recording. Me recording is not supposed to be a a problem at all. All right, so Do you know why?
Do you know why me recording is shouldn't be a problem at all?
Because you swore to protect my rights.
You're here to protect the Constitution.
Okay. And all of our rights. That's like if I was praying here and you tell me to stop praying.
You understand how serious that is?
Okay.
You can't tell me to stop praying. You can't tell me to stop talking. You can't tell me to stop recording because they're all protected under First Amendment. And they're protected by you, too. Okay.
You know? So, you immediately telling me to stop recording is bad.
Most officers or most tyrants that I run into are and I don't think you're tyrants, but most times that I run into they always say, "No, you record You can record all you want.
But, don't do this and this and say So, they try to make it to where like recording is the problem for them, but they know they can't say recording is the problem. You So they don't they don't want to be caught on camera saying no, stop recording.
So they make it into something else. Oh, you're being disorderly or this and that. It's always trying to be something else. So they try to turn photography into a crime which because it's a protected activity, it can't be turned into a crime. Just like somebody praying on a sidewalk can't be turned into a crime. You can't say you're loitering and you can't say that you're being disorderly. You know what I mean?
So just a some advice to you is just be careful.
Be careful telling I'm just saying you know, I mean if you want to open yourself up to a lawsuit, that's fine because I I already got you on camera telling me not to be not to exercise my rights in public.
But I'm still exercising my rights. I'm still exercising my rights in public and you're telling me not to.
Do you understand what she she told me to do?
I can record whatever I want.
You're telling me I'm not going to?
So what happens if I record inside of the vehicle?
You don't see how she's talking to me?
I'm trying to be polite and cordial this whole time.
Are you Am I being detained?
So why she's telling me what she's trying to get Why are you trying to give me directives?
I can record the car all I want.
Guy.
Yeah. I answered that. Remember I introduced myself.
So you're saying I can't record the car?
I can record anywhere when I'm in public. Whatever I can see from public, I can film.
I'm not inside your car. I'm outside in the public.
I understand.
I understand.
Yeah, people.
We're not going to talk about Yeah, if there's no crimes being committed, that means I'm free. Yeah, you're free to go.
You're free So, she's telling me she's No one ever stopped you. Nobody's in your way. Nobody's telling you you can't go. You said I'm not going to You're not going to record the car. Okay. So, I'm asking you what happens if I do record the car?
I thought you said you was done.
No, I'm asking you a question.
>> asked if you're being detained and you're not being detained. Okay. Okay, then. You know why I'm not being detained?
Cuz there's no crime. Of course.
Photography is not a crime. No matter how you feel, so you should get like your ego out the way. Mhm.
As long as I'm not damaging the vehicle, I'm not breaking into the vehicle, You don't You don't have to You don't have to raise your voice at me. Brother, from afar we couldn't tell. No, I understand. Yeah, I understand. I wanted to say, "How do you guys?" But you guys seemed like, you know, you was on your phones, so I said, "Okay, let me just take pictures."
You know, I didn't want to That's fine. That's fine.
Yeah, I just don't like the unlawful directives. If I'm not being detained or I'm not arrested, there's no need to try to tell me what to do. I'm a free man.
And I'm engaged in a constitution This This activity is constitutionally protected.
It's supposed to be protected by you.
You're supposed to protect my rights, sir. I see you're exercising your rights.
Just don't damage the vehicle, cuz then I'd have to arrest you.
Don't commit any crimes, or >> You don't even have to tell me what to do. I know what I'm doing.
>> Okay, so do you need anything else from us? I needed your card, but you never gave it to me.
I did give it to you. You did? I gave it to you, too. Short memory. Don't play football.
You did give me a card. Thank you. I apologize.
This interaction centers on First Amendment protected activity and public photography rights.
>> [music] >> Courts have repeatedly recognized a right to record police performing duties in public spaces. However, officers can still approach citizens under community caretaking or public safety [music] concerns.
From the citizen perspective, asserting recording rights was legally grounded, though his tone escalated [music] tension. From the police side, checking welfare was reasonable, but directives about [music] recording created legal risk. Citizen grade, A minus. Officers grade, C plus.
What if I'm not being detained? No, you're not. Just being escorted out. I'm free to leave. That means I'm free to stay.
No, not in this building.
>> If I'm free to leave, I'm free to stay.
>> Not in this building. You've already conducted your business.
>> Is this a private building? It's It's not a private building. All right, then.
Okay. So, what crime is being committed?
You have already Your business here is done.
>> It's a school.
The staff here We're here now to escort you. So, I'm a member of the public.
This is a public building, so you can't tell me when my business is conducted.
You know I'm still conducting business, right?
You know what that is?
Constitutionally protected business.
You know that, right? Journalism.
Taking pictures and videos, that's official business through the Supreme Court, which is the highest court in the land. You know that, right?
I'm sure. Right.
There's no crimes being committed. There isn't. We So, why are you trying to escort me out of a public building? They don't want you in the building.
>> [clears throat] >> It's a public building that I have a right to be in.
Is there a crime being committed?
Not yet.
What do you mean not yet? I don't commit crimes. Well, they said there was a crime being committed. So, Okay, and you came, you investigated, you see there's no disturbance.
That's hearsay.
That's hearsay. You did your investigation. There's no disturbance.
I just don't like that you guys are talking about you're going to escort me out of a a building that I have a right to be in. While I'm taking pictures and videos, which is a constitutionally protected activity.
I'm not causing a disturbance. I'm not impeding business. First of all, nobody There's no clients here receiving business. If I want to stand here and and work on my story, which I'm going to do, I can do it that because I'm not causing a disturbance. I'm not impeding business. I'm not going into any places I'm not supposed to go. March 2023.
A citizen enters a public building to conduct a records request and film inside the facility.
But after staff complain, officers arrive and attempt to escort him out, even while admitting no crime has been committed.
What follows becomes a [music] debate over public access, journalism, and constitutional rights.
What if they didn't like me because I was black? You going to enforce their feelings? Or you got to go, they don't like you?
All right then.
The same court having a right I have a right to be here. No matter how they feel. I'm not that you enforce the law, you don't enforce feelings. You just said there's no law being broken.
So it doesn't matter what they want or how they feel about me.
>> How's it trespassing from a public building with no crime being committed?
With no crime being committed.
>> reason to be here. I do. I'm engaged in a constitutionally protected I just told you I'm conducting business.
>> There's no business here. I'm doing a story. I get I And I also told you I'm here to to take pictures and video.
So when I came in I told him I'm here for two reasons. I just told him.
Who said?
Speak to me. Listen.
Who said I don't have a reason to be here, sir? Who said that?
Who told but who told you that?
>> Now listen to me. You came here for a reason, right? I came here for multiple reasons.
>> here told you already this is the wrong location. I came here for multiple reasons.
>> This is the staff on the floor of this building. You're not listening.
Now you're asked to leave and you're not listening.
>> So you're telling me what my business is?
Is that what you're doing?
You're telling me what my business is.
Ma'am, I told you two I told you I'm here for multiple reasons to take pictures and video and to do a FOIA request. I did my FOIA request, now I'm taking pictures and videos. Do you understand what freedom of the press is?
That's what I'm engaged in which is a protected activity. You can't turn Well, look.
The only reason why I go outside The only reason why I would outside is to speak to your supervisor so that he can inform you.
All right, I'll be right back. Okay.
Even though they probably going to lock the doors. I don't need you to escort me. You can go ahead.
I'm a free citizen, sir.
You go ahead.
So, why is the door open?
Is is you're just saying anything.
Ma'am, look.
Ma'am.
Yeah.
Go ahead.
>> [clears throat] >> Ma'am, stop lying.
You're contradicting yourself, ma'am.
Ma'am, respectfully.
Respect.
Respectfully, you're contradicting yourself.
She just said I'm here to tell the public where to go, but the building's closed to the public. How does that make sense? How does that make sense? So, how are you going to tell me where to go?
You make no sense.
That's contradicting.
This is counter involves first [music] amendment protected activity, public building access, and trespass authority.
Courts generally recognize photography and journalism as protected conduct, but public buildings can still enforce reasonable time, place, and manner restrictions.
From the citizen side, invoking [music] press activity and demanding legal justification had constitutional support, although the confrontational approach increased tension.
From the officer perspective, [music] responding to staff complaints was reasonable, but removing someone without clearly identifying legal authority created risk. Citizen grade, B+.
Officers grade, C.
You don't have permission without the postmaster. So, in other words, you're trespassing right now.
>> Uh-huh. So, please leave the building.
Okay.
Please leave the building. No, I'm here for business. Uh Not with the camera, you're not.
And that's right, yes.
Stop being a Tim. He's slowing it down.
No, the dude is cute. No, it's not. I'm I'm doing business here.
Yeah. Why are you sitting here filming if it's just business? What do you Like, what is it It's my right to record in public. But, for what? Why not? Yeah, that's right. It's government property.
Have you read poster seven? Probably not.
Exactly. I mean, you're the one causing trouble.
>> No, I'm not. I'm here to do business.
All right. So, you can say what you want. Actually, that's pretty good.
photograph because he doesn't have permission to come in and photograph from the postmaster. That's the only way you can do it. He refused to leave, continued to film them even though I asked him.
So, we don't feel safe with him here.
Okay. Plus, our customers. What would you like done?
Um So, you're asking to have him formally trespassed from the store? Uh that I'm not allowed to do, but I don't want him inside. Okay. October 2020, Bellevue, Washington.
A First Amendment auditor enters a US post office [music] to test public filming rights.
What begins as a routine recording session suddenly escalates after employees claim customers feel unsafe and accuse [music] him of filming without permission.
Soon, police arrive and a legal debate begins.
If he wants to come in and do business, that's fine. Okay.
I So, this is public property. You can't trespass me from public property and I do have business here. I was trying to buy some stamps. He refused me service.
So, I'd like to go inside and buy my stamps and I'll be on my way. If you want to buy your stamps in there, that's fine. I don't have a problem with that.
Do you have an ID or anything that you want to identify yourself What would I need ID for? Just to identify that you and I had this conversation so I can document it in the call.
>> What's the reasonable articulable suspicion? I don't have it other than just asking who you are so I can document it in the call that we've had this conversation. That's But why would you need my identification? Just so I can identify you in the call. So, if you I don't need you to give me your card or anything like that. Just what you want me to call you as. Sure. That's fine. Um you know, I'd rather not say. Okay, that's totally fine. I don't need it. Um if you have business >> I was in line and now I have to go back to the end of the line unless uh you can get me to the front of the line.
>> do that. Okay, well I'll have to go back to the end of the line then cuz I I mean I guess I don't know what you want me to do with him video taping in the store. So, Uh you know what you know what I guess he was No, two months ago did did you recording the factor your post office like two months ago? I don't know what you guys are talking about.
Yeah, yeah. I have no idea what you're talking about. You know what some prank to the customer, you know, it's customer over there and she said I don't any authorize she she uh record of me. I don't know you know the other customer is not not comfortable about here. This is a public place. So, they have the right to film in public.
No, you do not have right to film people. This is a public building.
People don't authorize you to recording.
I need your authorization to film.
No, the people People >> care about the building. The people here is not comfortable.
>> This is a government >> right?
>> Yes. So, why wouldn't why would I need their authorization to film in public?
A building, okay. I I don't have problem with building, but you you can't film the people, the customer here. What are you saying? I'm You're saying I'm filming the people directly? I I don't understand what you're saying.
>> This lady here, she said >> What lady? Here, this lady here. Here?
There she is.
This lady She's over there. Why is she still here?
I'm not filming her. I have no I don't even know who she is.
So.
Customer is not comfortable.
Uh no. No, okay.
So, do you want to buy your stamps here?
I mean, there's a thousand other places to buy stamps.
>> So, I'm trying to buy my stamps. I'm going to get out of the road so I don't get hit.
Well, there's a different There's many different areas for you to buy stamps, right? Any grocery store will sell you >> I happen to be in the area. I stopped here. I went to go buy my stamps. I was in line. I was nearly third person from the counter, and then he ran outside and grabbed you guys.
Well, you didn't have to leave line to come out here with me, right? I didn't ask you >> have to because he's making up false claims. He's saying people are in fear for their life, right? No, he didn't say that. He said that people didn't want to be filmed. Nobody said that they they were in fear He said that they were scared. Not to me, he didn't.
I heard him say it. Not to me, he didn't. Camera doesn't lie. I I just want to make that known. The camera doesn't lie. Okay.
>> disagree with that. Well, he might have not said fear, but he did say they were scared or worried or something along those lines, so. Okay. Who are you again? I'm Sergeant PC. What's your badge number? Uh Sergeant 24. Okay. How about you? I'm Officer Bob, badge number P592. Okay. And how about you?
Officer badge number 568. Okay.
So, you're saying I can go in and get my stamps? If you have official business to do in there, I can't keep you >> Right, but I to go back to end of the line and this guy is not comfortable with me recording.
>> you to leave the line. So, yes, I guess you have to go to the end of the line.
>> to. There's no choice. But, when he's coming out here and making false allegations, that's when it becomes a problem.
>> That was your choice to leave the line.
>> Yeah, because he's making a false allegation.
>> I would have come and talked to you to get your service. Right, but I mean, I have to make sure I have to protect myself, right?
>> to do is what you chose to do. That's correct.
>> No. This is why the camera's here. We have to protect ourselves because people lie. And then you go off what they say, you write a statement, and you develop false charges. Okay. And you just send it to the court and that's it. It's my word against yours, but if I have the camera, you can't lie, right?
>> you to stop filming inside? He did, several times, but >> well, you chose not to? He doesn't have the right to tell me not to stop filming. Understand this is a public building.
>> Right. It's a federal building, yeah.
>> Right, which is public. Public, yes or no? Yes. However, >> to the public, but it's a private entity.
Does that make sense? It's not a private entity. No, it's not. This is a public facility.
So, okay, listen. They asked you I I guess my understanding is they asked you to stop filming because customers were saying they you made them uncomfortable filming. So, I'm standing in line with my camera. My camera's facing the direction of the counter. So, someone feels uncomfortable, they're welcome to leave or go to another post office. So, it's the same as you though, right?
>> I can't control their feelings, right?
>> you though, right? No, I don't have I don't have ill will, ill intent. My Like I said, I'm here to buy stamps. That's all I'm here for. I need a a dozen stamps.
>> You can do that at self-service.
Self-service?
Uh you can buy a whole dozen stamps at self-service? Okay. Well, I've never done that before, so I I go through the counter, but bottom line is, I mean, when people start saying they're they're afraid and blah blah blah, I mean, we're getting a realm of you know?
And >> aspects of people that don't like to be filmed, and that's simple as that.
Right, but my camera is not like I'm not turning the camera at the people behind me. I'm facing the direction of the counter. So >> the people that are sitting in front of you? That's, you know, it depends, you know, from the >> like it?
I wouldn't care.
I wouldn't care because people have the right to record in public. Right, but you, again, you understood this is open to the public but they have rules themselves. Right.
And have you read the rules? Cuz I have.
>> That's why I asked that question.
>> No, are you aware of poster seven? Yes or no?
>> aware of what? Poster seven.
>> poster seven?
>> Poster seven is for people that are able to record in public. So poster seven is basically you know, you can you're allowed to record in the Again, building is open to the public, but they have their own set of rules, right?
So, what we're trying to find out if one of those rules is you're not allowed to record inside. That's what we're trying to find out. Sir, so they're fine with you going in, doing your business, like you and I have already said. I don't have a problem with that. You are going to have to go to the back of the line because you chose to leave the line when you Unfortunately, I had to. So, that and that's fine. I mean, that's the choice that you made. So, you can go in there, do the business that you need to do >> Okay. and we are leaving. That's fine.
Okay. Perfect.
>> Perfect. Great. Thank you. Yep.
This incident [music] centers on First Amendment protected activity and USPS filming policy known as poster seven.
Postal facilities are government property and certain publicly accessible areas generally permit photography unless specific restrictions apply.
Officers may investigate complaints, but requesting identification without reasonable suspicion does not automatically create a legal obligation to comply.
From the citizen side, citing public filming rights had legal support, although repeated confrontation increased friction. From the police side, responding to concerns was reasonable, but uncertainty about filming rules reduced clarity. Citizen grade, A minus. Officers, B minus.
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