Do you take any of these prescription medications? >> I got them on online. What? All right. You keep >> Listen, I am trying to do my job. You keep causing her to talk to you. So, listen. Listen. Listen, let me let me explain something to you, okay? There's something called the Halo law. Are you clear of that? Right? This is Brian Daniel, who turned his girlfriend's traffic accident investigation into his own arrest. While officers were conducting their investigation, Brian repeatedly interfered and challenged them using First Amendment arguments. You have the right to film and monitor the police, but do you have the right to cause chaos at a crime scene? Look at Brian Daniel. He knows terms like reasonable suspicion and qualified immunity, but he lacked basic common sense. Officers warned him about interfering, and instead of stepping back, he emptied his pockets onto the ground right in front of them. We're in front of you getting a little bit busy. All right. Do you take any of these prescription medications? I got them on online. What? All right. You keep Listen, I am trying to do my job. You keep causing her to talk to you. So, listen. Listen. Listen, let me let me explain something to you, okay? There's something called the Halo law. Are you clear of that? Right? Are you clear of that? >> Elaborate. Okay, so you got to stay 25 ft back and not interfere not not interfere with us. Am I allowed to express myself? Do I not have a First Amendment right? Listen to me real closely. Listen to me real closely. I'm asking you, does the Halo right trump my First Amendment right? Listen to me. Listen to me. I'm asking you. No, you you Because you're interrupting with the investigation. Okay, every time He's going to explain to you, but you won't just shut up and listen. I'm literally willing to shut up and listen. I'm asking a question. Does the Halo whatever this Halo thing is, does it trump my First Amendment right to speak in public freely? >> Okay, so listen to me. Does it trump my First Amendment right? So, that's the first part of it. my >> That's the first That's the first law. >> Okay. The second one is also called I'm waiting for it. Is that Does it Trump my first amendment rights to speak in public? >> Okay, every time cuz from what I'm My understanding is that you keep interjecting, okay? And that's what's going on. But here's my here's Listen to me. Listen, can you let me talk for 2 seconds? >> you talk. Okay, so I don't need to let you talk. You can just >> dude. We're done. Next next >> Okay, next time he calls our attention to come off that jet. He speak to you. You are going to have if you're going to jail, okay? Am I being clear? Fair enough. Perfect. >> So I have no first amendment right. You are interrupting with the investigation. So when I talk to the >> with the investigation. >> to the moon You are interrupting with the investigation. >> the moon Okay, whatever. We're done with you. Hello moon. Good. Hello moon, I'm a volunteer. Enjoy. Enjoy this jail cell. My name is Officer Miller. Officer Miller, I would like to Oh. No, please don't. Please don't. He's interrupting my He's drawing her attention away. I can't do my investigation with you. >> focusing with you guys. Is this Please stop. Is it an accident? No, no, no. Is this a traffic stop? Yeah. Oh. Hey, you can go ahead and get back in the vehicle. I'm in >> Okay, you're going to go to jail. Get back in the vehicle. You're going to go to jail. Okay, kids, you're going to learn real quick about case law. Get back in the vehicle. >> you >> Get back in It doesn't matter. So you're giving me an order. What is the justification >> is a traffic Hey, Tim. First you said 25 feet. No, cuz I Things are about to change. This is a traffic stop, correct? But that's a part We're still on a traffic stop. Are we on a traffic Are the laws changing >> in the vehicle. What is your justification to have me get back in the vehicle? I'm not doing anything. Are we on a 10-50? I'll happily leave if I legally have to. If I legally have to, I'll leave. Is this a truck? 22 Okay, so you're good. Cuz it's not a traffic stop. Okay, but you have got to stop. Stop what? >> Okay. Interjecting. >> I did. You have got to stop interjecting. >> Okay, so stop. Because every time you come over here and you run your mouth, okay, he's trying to conduct his investigation. You're taking her attention off of what he's doing. Okay? Are we clear? I understand, but I'm talking to the moon. Okay, and she's told you to stop, too. Okay, well, I >> So stop. Oh, fair enough. Fair enough. >> Ridiculous. No, it's no it's no trip. That The thing is you're not understanding. We are trying to conclude our investigation, okay? And if nothing's going on, you guys are free to go. >> Fair enough. So what do I do? All I did was >> So stop. So he's going to talk to somebody. He's definitely the driver. Yeah. I wish we had an agent agreement for here. No. No. I thought they had a body worn. No, they don't. Okay, so that's that. That doesn't mean I'm going to get cuz I'm going to just resist calmly. Yeah. I thought we were on a traffic stop. Neurological like spinal cord problems. That was fine until you just stand. Sciatica. I'm being out of the way. I have bad sciatica. You're just going to keep causing irritation and more pain. Oh, my ankles, everything hurts. I'm [ __ ] What is that? What condition do you have? Um, I don't know, but I got in a very bad car wreck and it wasn't my fault. It was a 2004 Do you want to search it? Mhm. Go ahead. They were taking me for a joyride. All right, let me Yes, I am. See a doctor. Well, every Well, right now they're trying to do every uh week, but I can't make it because my car is All right, well, what I want you to do is stand up for me. My left eye is blurry. Like I could see Say this. Say it again for me. I can't even read what it Yes. Yes. All right, what I want you to do is look at this pen. Can you see the pen here? What I want you to do is take your right pointer Touch your nose. Is that you? No, it's I can't stop moving it or something. Where Where are you touched right there? That's where I want you to look. All right, now I want you to move your head. I want you to move your eyes only. >> All right. What's up? Yeah. Yep. All right. Awkward. Awkward. Yeah. All right. Okay. All right. See how I'm doing it? >> I know. Yeah, we're just getting it started. Yes. Yes. Left foot on the line. All right. What I want you to do, okay, when I tell you to start, I want you to When I tell you to start, Okay? Nine heel-to-toe steps down. Okay, it's going to look similar to this. One, two, three, and so forth and so on. You're going to count out loud each step. Okay? One, two, three, four. Correct. As you make your steps, you're going to count out loud. You need to touch heel to toe. Okay? And when you when you step, okay, you need to you need to heel to toe. Okay? You understand that? Yes. Okay. When you get down to step number nine, you're going to stop. Okay? Stop on step number nine. Keep the lead foot on the line. Okay? Take your other foot off the line and make a series of small turns, turning around just like this. Okay? You're going to turn around, then you're going to walk back the opposite direction. You're going to walk down, turn around, and walk back. Okay? Making nine heel-to-toe steps just like you did the other way. Okay, it's going to look like this. One, two, three, and so forth and so on. And we're going to have our assistant counting out loud, watching your feet the whole entire time. Do you have any questions? All right, left foot on the line. One. Yep, right foot in front of your left. You may begin. >> What's your name? She's not going to go to jail unless she's like 13 by now. Cuz I haven't even counted that. She's not even counting that long. And she didn't do a series of small. When they were checking her eyes, she had like a smooth pursuit. I couldn't tell if it was shaking at maximum deviation or not, though. 21? 21? All right, what was it on? Here. >> [music] >> She had like a smooth Yeah. You could see from where we were standing, her eyes were like freaking spring loaded. Yep. Yeah, I know. >> Especially when you move it a little bit. Yeah. And then when it was real slow, it kind of came up a little bit better. But I'm sure at maximum deviation, you could see them bouncing. Okay. Okay. When I tell you when to start, okay? When I tell you to start, I'm going to maybe begin. When I say that, I want you to lift your left or your right foot, the foot of your choice, okay? But your left or right, either one. Okay? Don't raise them both at the same time. No. Just one. You say left or right? No, no, no. Either one. Either one. It's your choice. It's your choice. Your left or your right foot you may raise. Okay? Whichever you need to. Okay. I can't use my left foot. Okay. Okay. I am. Okay. I'm going to show you. You're going to lift either one of your feet. You're going to the foot of your choice. You can do whichever foot you choose, okay? I choose to do my right foot. So, I'm going to lift my right foot approximately 6 in off the ground just like this. With my heel and toe pointing parallel with the ground, my leg straight. You see that? Watching my toe the whole entire Watching your toe the whole entire time when you lift your foot. You need to count out loud. 1 1,000, 2 1,000, 3 1,000. I cannot do that, sir. Can't do what? What do you mean? I mean what do you mean? I'm mentally I'm disabled and I can't >> count? Okay. Do you Do you How do you Like uh I can't count from 10, 9, 8, 4 uh like backwards and that. So, you can't count 9, 8, 4? Yes, you did. I can't do that. Okay. Don't Don't do it. Just do it. 1 2 3 4 5, okay? Does that make sense? Yes. Okay. While counting, you're going to watch your foot the whole entire time, okay? Count out loud. 1 2 3 and keep your foot right there. Take your foot off. Back up. Continue counting when you lift your foot, okay? For instance, 1 2 3 4 5 6 and so forth. You understand? Yes. So, you can't Okay. I'm going to allow you to count the first 10 and then I'm going to modify the count, okay? You ready to begin? This is second. This is This is last one. I understand. Here's what you're talking about, okay? Are you ready? Are you ready to begin? Yes. Okay. You may begin. Left foot? You do Whatever your choice. You may begin. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 >> All right, you need to stop. You're done. Okay? So, I have to do the right As I said, as I said before for giving and damage together in the breach. In the breach. And somebody you you did all the driving. You failed to drive. All right, so I'm placing you under arrest. Well, first of all, let me talk to you. Your hand is coming fast. You're being placed under arrest with DUI. Don't Don't do that. Don't do that. >> do that. >> You will get slammed. There's no first of all, okay? Please, let me talk to my other half. Just a second. I want a cigarette at least. >> You're not going to have a cigarette. >> I want a cigarette. No. Please. It's too late for that. I did nothing wrong. >> You drove your vehicle while you took her out of your vehicle, you crashed into somebody else's car and caused a damage. I want a cigarette. You may not have a cigarette. Why? I've done everything right. Because you can't because there's another process where you can't have a cigarette. Why not? Because number one, you're getting in my car, okay? >> I don't care. Well, I do. And number two, you're not having a cigarette because >> I want a cigarette. You're not having one. I want a cigarette. Okay. I have rights, you know. Yeah, you don't have the right to have a cigarette. No, you don't have that. You're being detained. for me. I have a right and you're pulling my arm. What? What? What? I already told you no. You're not getting a cigarette. Let me have a cigarette, please. No, I'm not. First of all, I have nothing in my pocket. She's got to get stuff out of her pockets. Look in the pockets, please. I am. Right here. See that? Prescription. Everything that I have is prescription. Is it prescription keys? Prescription. Can I please have a cigarette? I'm asking you nicely. I've done everything nicely. Please. I'm asking you nicely. I've done everything nicely, please. Can I have a [ __ ] cigarette? No, you may not. Can I have one cigarette? No, you may not. >> Put your feet in the car or they'll get slammed in the door. No. I think he was asking if he could drive the car home, I guess. As long as he's not impaired. Um I have reason to believe he's possibly impaired. I I I agree in that matter. So. I'm not searching the vehicle, sir. Placing her in there. Hey, you're not going to stand like that with your hand in your pocket. Get your hand out of your pocket. Thank you. Okay. Huh? It's called doing my job, bud. Doing my job. Yep. Can I help you here? I'll empty my pockets. No, stop. Just stop. Just Just stop. Good. Good. There you go. You scared? You scared of this? Literally nothing. Empty pocket. Actually, um you got your ID on you? I don't. Okay. What's your name? I don't give it to you because Okay, you're going to go to jail. I'm not going to jail. >> What's your What's your name? We're not in a stop and stay active >> Does it matter? It does. I'm not >> Okay. Guess what? You Guess what? You're going to jail. You refused to ID yourself, you're going to jail. Put the handcuffs on this man. >> and put them on now. I asked you for your ID so I could write you a citation for littering. Littering? Yep. >> I emptied my pocket to show I had nothing. >> You're playing a game. Are you kidding me? I emptied my pocket to show you I had nothing of threat to you. And you're going to say I'm littering. >> Yep. So, I just want to get this correct. >> That's my understanding. He told you to take your hand out of your pocket, so >> And I empty I literally pulled my hand out of my I pulled my hand out of my pocket and [ __ ] emptied it. I literally showed him that I had nothing in my pocket. All this just came out of your pocket. That trash What trash? That right there. That right there. I just watched it all come out of your pocket. Wow. >> Yep. Wow. You must be bored. >> Wow. You must be bored. Very small dick energy. >> Thank you. >> I know. >> Thank you. You're not welcome over there. I'll go to jail. Yep. Sure will. I'm going to call my lawyer. Because I'm not even involved. Hot. Hot. What was your justification? Because you littered and I asked you for your name and then you said you didn't want to provide it to me. I did not litter. >> Okay, well, we're not playing this game. I'm allowed to put something on the ground. No. >> not allowed to All that's coming out of your pockets. So, if you set something on the ground, it's littering. That is not how this is works. Yep. No, it's ridiculous how you backed it. >> your supervisor. Well, he's right there if you want to talk to him. What is that? What crime did I commit? Am I not allowed to set something on the ground? Did I walk away from the thing I set on the ground? You're going to hear from the lawyers. No, I've had enough. I've been waiting >> You're intoxicated. Okay? I've been waiting for you. >> You're intoxicated. What? You're intoxicated, you're right. Yep, and you're acting crazy. Who says I'm intoxicated? No reaction. It's ridiculous. Where is the [ __ ] bird? No, you're ridiculous. No, I'm not ridiculous. I was practicing my first amendment rights. Officers invoked the Halo law, a 25-ft safety perimeter to order Brian back. When Brian emptied his pockets, even though he argued he was just setting things down, the act of discarding items on public ground without intent to retrieve them constitutes littering. In many states, committing an infraction like littering gives officers the legal authority to demand ID for a citation. Brian's refusal to provide ID at that point became obstruction of justice. I told you to take your hand out of your pocket. Then you go and put your other hand in your pocket. I emptied >> you start pulling trash out of your pockets. I asked you for your ID. My headphones are not I asked you There was trash coming out of your pocket. And I asked you for your ID cuz I'm going to write you a citation for littering. Did I walk around? Did I walk around >> matter. Am I not allowed to set Am I not allowed Am I not allowed to set Am I not allowed to set something on the ground? >> We're not doing It's illegal to set something on the ground. You weren't setting anything >> It's illegal to set something on the ground. Place your trust against this car. Spread your feet. It's illegal to set Spread your feet. Good luck. Spread your feet, man. Sure. There you go. It's illegal to set something on the ground. >> I'm not doing this with you. And You will be when we go to court. Okay. See how that qualified immunity works for you. >> Okay. I did nothing illegal. Nothing illegal. This is why I'm so [ __ ] confident right now. You're confident cuz you're intoxicated. No, I'm not intoxicated at all. You're just being a [ __ ] dick. Sure. You know you are. [ __ ] ridiculous. Whatever. Who do you think looks the worst? You want to give me your name now? No. Okay. Well, then you're going to be booked under John Doe, I guess. D 4 What from? That is my license number. I'm so [ __ ] drunk, like you're accusing me of, that I don't even know my own [ __ ] driver's license number. I'm not allowed to set something on the ground. >> No, you had trash come out of your pocket. Bro. Did I walk away from it? Yeah, pen. Did I walk away Did I walk away from it? Doesn't matter. It does matter. I'm not allowed to set something on the ground. I was going to write you a citation, but I was going to write you a citation and then you refused to identify yourself. I did not. >> a favor, do me that license plate number again. >> a reticketable ticketable reasonable suspicion of a crime. Do me a favor, give me that license No, it was actually an infraction. No, it's not. I did not litter. What was that license plate number, man? D540. Thank you for your cooperation. D540. 453850. Brian Daniel. You're being ridiculous. Thank you. I know, and I'm coming for you. Okay. I'm not allowed to set something out of my pocket on the ground and not walk away from it. >> Daniel, what was that date of birth? Good to know we live in America. Yep. [ __ ] communist. What was that date of birth, man? 12/13. [ __ ] lib. Huh? You heard me. It's free speech. [ __ ] lib. Lib? You [ __ ] libtard. >> Okay. Yeah, you act like a [ __ ] Something else, bro. You set your AirPods on the ground. Littering. Trash came out of your pocket. >> to Oh my god. [ __ ] suck at your job. Just uh grab Is it just his phone? Is that all he had on him? Okay. All right. Just stay with him for a second. Let me go If you want to run him on teletype. Hey, as soon as as soon as Tim pulls out, just pull in behind us. We're going to wait on the 1070. Who is this thing? Yeah. And then refused ID himself. >> He's such a doll. You got handcuffs, too? We're here. You're a [ __ ] loser. What? You know what? You [ __ ] know exactly what. Know what? We got to wait until they send a booking You know exactly what. What? You [ __ ] tell me. You know what? Well, actually, why is your Why is your camera off? It is on. Just, you know, if you knew everything like you think you did, then >> I don't know everything. I don't even pretend to know anything. But apparently, I threw my [ __ ] headphones on the ground. >> You can't tell me that I didn't raise my eyebrows suspicion. It's what? No, I had probable cause, actually. No, you didn't. I threw my headphones on the ground. That was it. Okay. Is that a reasonable doubt? But apparently, that's illegal. Possibly [ __ ] You probably shouldn't call them retards. I'm not calling them retards. I'm calling you a [ __ ] You, not him. You. >> Yeah, let's go. I'm going to call you a [ __ ] little couple of What do you want me to do? Uh I'm going to dress you up so she's going to back it down. You put your hands against the wall or whatever. I'm coming for your qualified immunity. >> Okay, come for my qualified immunity. I don't care. Brian, I don't care. I don't care. >> I can tell. And when you just >> how to do my job. Remember me. Goodnight, Brian. Context: Interfering with a traffic accident DUI investigation involving a girlfriend. Littering: Emptying trash bags onto the ground in the blinds. Failure to provide identification. Obstructing official business. Condition: Showing signs of intoxication and aggressive behavior.