Cops Tried Control and Got LEGALLY OUTSMARTED on Camera #idrefusal #copowned

Added: 2026-05-24

[00:00:06]So, do you suspect me of a crime? Am I being detained right now?

[00:00:09]Sir. Yes or no? That is a yes or a no question. Yes or a no, am I being detained?

[00:00:14]>> you for ID. Do you have your ID?

[00:00:15]>> no. Okay. Is Am I being detained right now? Yes or no? Sir. Yes or no? Well, you don't raise your voice to me.

[00:00:22]>> No. No, I'm I'm leaving then. If you got no suspicion of a crime.

[00:00:25]>> have to leave. No.

[00:00:27]You guys are going to be the next YouTube stars. I can't wait. You're the one shaking though. Great. We're the ones that have been calling professional >> I Am I >> We're the ones that have been calling professional to you.

[00:00:36]>> No, you're not being professional to me.

[00:00:37]I asked you, am I being detained or am I free to leave right now?

[00:00:40]>> What? How are we not being professional to you?

[00:00:42]>> You're not answering a yes or no question. I'm not going to answer your question. Yes.

[00:00:46]January 2025 during a First Amendment audit, an independent journalist stood outside a public facility recording in silence.

[00:00:57]What began as routine public photography quickly escalated after multiple officers approached, questioned him, and struggled to answer one simple legal question. Was he detained or free to leave?

[00:01:13]How you doing?

[00:01:15]I was doing okay until about 6 minutes ago. Okay. Um >> Am I being detained or am I free to leave?

[00:01:20]>> Oh no, you're free to leave.

[00:01:22]>> Okay, great. No, yeah, then yeah, I don't Yeah, I don't really care. I don't care.

[00:01:27]Tell your story, walkin'.

[00:01:28]Public photography is a First Amendment protected right, and cops know this. But for some reason, they set themselves up to Legally, this encounter touches several key constitutional issues frequently discussed in First Amendment audit and ID refusal cases.

[00:01:45]The citizen relied on First Amendment protections for recording government officials in public supported by cases including Glik versus Cunniff.

[00:01:53]The Fourth Amendment also matters because officers generally need reasonable suspicion before detaining someone.

[00:01:59]From the police perspective, officers may argue they were assessing security [music] concerns near a facility.

[00:02:05]Citizen grade, A minus. Police grade, C.

[00:02:11]See that EST truck?

[00:02:12]>> I hear you, [ __ ] All right, cool.

[00:02:14]Next time I ask you for your name and badge number, don't [ __ ] do that [ __ ] again, bro.

[00:02:17]>> All right.

[00:02:18]You want to be famous, huh? No, go back.

[00:02:21]I'm walking back, bro. Well, look what you're doing, bro. This [ __ ] looks stupid, bro. I know. I know. I know.

[00:02:29]Look at that [ __ ] Look at that [ __ ] Look at that [ __ ] He coming to me. He coming to me. Look, we got one people there.

[00:02:33]Two people over there.

[00:02:35]Look, look, five people there. Five people. Don't come [ __ ] with me, yo.

[00:02:39]We'll be on the tape. Don't come [ __ ] with me.

[00:02:42]Look, it's five people. 1 2 3 4 But look, look, look how many people's over there. Look.

[00:02:47]See, beyond the tape. Look, look, look, look, look. You see?

[00:02:49]>> We're going to move all of them. All right, so go to them. Go to them. Don't [ __ ] with me.

[00:02:54]I got you. I got you. Come on, man. My car's this way, yo. I'mma go this way, yo.

[00:02:58]Come on, man. I'mma go this way and I'm out.

[00:03:02]All right, listen. My car's over there.

[00:03:04]I'm going to go and I'm out. I'm leaving. You heard?

[00:03:10]Look, look, look, look, look.

[00:03:11]He crossed through. I'mma go, all right?

[00:03:13]I'mma go. Why not? Well, why can't he came through, man?

[00:03:17]Shouldn't have done that. Just go. Huh?

[00:03:19]>> Just go. What the [ __ ] is this? They don't want to let me go.

[00:03:23]What you think I should No, they arrest me then.

[00:03:27]Yo, what happened? Look, look, look, look, look.

[00:03:30]He crossed through. I'mma go, all right?

[00:03:31]I'mma go. Why not? Well, why can't he came through, man?

[00:03:36]Shouldn't have done that. Just go. Huh?

[00:03:38]Just go. What the [ __ ] is this? They don't want to let me go.

[00:03:41]What you think I should No, they arrest me then.

[00:03:44]If they don't shoot you.

[00:03:46]If they don't shoot you.

[00:03:53]>> [laughter] >> My God. Be safe, brother.

[00:03:58]My man said they don't shoot me. You heard that? That's my peoples right there. He already know what's going on with the cops, man.

[00:04:04]You hear me?

[00:04:08]That what y'all do, right? I wish I would have been here with the camera.

[00:04:13]Y'all violate rights every day.

[00:04:15]They just said you didn't give you consent and you searched them and they're the passengers.

[00:04:20]You want to search me now?

[00:04:22]I you do. You giving me consent?

[00:04:25]You better not come close to me.

[00:04:26]>> giving me consent? You better not come close to me.

[00:04:28]>> sir. I'm allowed to come my way wherever I want. You better not You better be a public servant and respect me as a tax paying citizen.

[00:04:34]>> Okay, sir.

[00:04:36]Do not disrespect that uniform by being a jerk. Yes, sir.

[00:04:42]What's your name and your badge number?

[00:04:44]Alvarez, 17835.

[00:04:47]See, they don't know their rights. I know my rights. It's my job. And y'all take advantage of that. Yes, sir. You guys are the worst thing that happened to America.

[00:04:56]You guys are the domestic terrorists.

[00:04:59]You guys are the domestic terrorists.

[00:05:01]You're the threats because you violate rights, constitutional rights.

[00:05:07]You know you don't have to search the passengers. You didn't pull them, you pulled the driver.

[00:05:15]You know I see you sitting there looking sitting there looking at me like that.

[00:05:18]You represent BSO, man. Be professional.

[00:05:21]Okay, sir.

[00:05:24]That's why I clown you fools when y'all act fools.

[00:05:27]That's why I clown you because you earn it.

[00:05:30]Okay, sir.

[00:05:39]You want an autograph or something?

[00:05:42]You got a pen?

[00:05:43]No, you got one.

[00:05:44]Sure, I'll give you an autograph. I will. Okay.

[00:05:48]Come on.

[00:05:49]Okay.

[00:06:05]So, why did you search search the passengers?

[00:06:09]Why?

[00:06:11]Did you pull them over? Go ahead and go follow the passenger if you want any information.

[00:06:15]Well, you just told me that he didn't give you consent. Okay, sir.

[00:06:20]I'm asking you, why did you search the passenger?

[00:06:23]You're not allowed to include that in the public record, so you're not going to put in there that you searched them.

[00:06:30]Okay, sir.

[00:06:33]But, that's what y'all do, right?

[00:06:35]Y'all search everybody.

[00:06:37]Regardless of the Constitution.

[00:06:40]The Fourth Amendment means nothing to you.

[00:06:42]You took an oath, but you didn't mean it.

[00:06:45]Right?

[00:06:46]Tell the truth, you're just here to harass, to brutalize, to victimize.

[00:06:50]Right? That's why you're here.

[00:06:53]I mean, you probably used to get bullied in school.

[00:06:56]You can really get back to work.

[00:06:58]Because this is America, I can stand on the public sidewalk and have freedom of speech. You don't have to entertain my speech. You can really get back to work.

[00:07:05]We're paying you a lot of money >> I am I am doing >> to stand around.

[00:07:09]It's like you're standing around admiring me.

[00:07:12]>> [bell] >> That's your job?

[00:07:14]October 2018.

[00:07:16]During coverage of a roadside police encounter in South Florida, a citizen journalist began questioning officers about searches, constitutional rights, and police authority.

[00:07:27]What started as observation quickly transformed into a heated First Amendment audit-style confrontation centered around one issue.

[00:07:36]Where does [music] police authority end?

[00:07:42]If he wasn't here, I'd feel intimidated the you looking at me. But I know that's a good cop and he won't let a bad cop do nothing to me.

[00:07:48]>> You're free to leave whenever you want.

[00:07:50]I know. If I'm free to leave, that means I'm free to stay.

[00:07:53]As long as you don't interfere in Have I? Have I? Have I assaulted you in any way? So why would you even bring that up?

[00:08:00]I I'm just making sure we understand.

[00:08:04]Sometimes silence is golden.

[00:08:08]I I agree with that.

[00:08:09]Right. Sometimes. Sometimes.

[00:08:12]>> Especially in your case. Right now.

[00:08:13]Maybe yours, too. Some things are implied, you know?

[00:08:18]If I know, but you know, as soon as he stop trying to intimidate me, I'll leave.

[00:08:27]I mean, I just I came down here to get away from him. He followed me right here. So until when he stops Why you got to keep an eye on me? You know I'm not violent. I have no No no ill intent. I have no ill will.

[00:08:38]I'm just here covering the store.

[00:08:39]Anybody that was sitting here we would have to keep an eye on.

[00:08:42]It's not just you. It's anybody.

[00:08:44]You're a good cop, man. I respect police.

[00:08:46]What I don't What I don't respect is when they don't recognize the public has been your boss.

[00:08:54]Yeah, you know, so out of respect for him, I'm not going to stop recording, but I'm going to back up.

[00:09:01]Whoa.

[00:09:02]You see that? I told you guys aren't concerned for my safety. You didn't even tell me to watch out for the stump.

[00:09:09]This encounter raises [music] constitutional issues commonly debated in first amendment audit and ID refusal cases.

[00:09:17]Under the first amendment, recording police activity and criticizing public officials in public spaces is generally protected speech.

[00:09:26]The Fourth Amendment limits unreasonable searches and seizures and typically requires legal justification before detaining or searching individuals.

[00:09:35]From the police perspective, maintaining scene control [music] and public safety may justify officer presence.

[00:09:42]From the citizen perspective, questioning government authority and observing police conduct remain [music] protected activities.

[00:09:49]Citizen grade, C+. Police grade, B-.