No, brother. He needs to release me right now. You don't want to do this. This is not what you want to do. Then stand right there. You can stand right there. I'm going to stand right here. And learn the [ __ ] laws. Interfering with your activity. What the [ __ ] is wrong with you? Sorry, well, sir, if you talk to him again, I will put you in handcuffs and you will go to jail. Okay. You going to arrest me for freedom of speech? You going to arrest me for freedom of speech? Tell me yes. This is Jose, a citizen exercising his First Amendment rights by filming a police DUI investigation. The situation escalated when Jose stood too close to the scene and repeatedly advised the suspect in Spanish not to answer questions. This is a delicate situation. You have the right to film and even shout at officers, but you do not have the right to actively interfere with an interrogation. Officer Gingery issued a final warning, and when Jose continued to speak to the suspect, he was handcuffed for obstruction. So, if he doesn't have a license, what's he doing sitting in the vehicle? In the driver's seat. Go ahead and turn his car off. Can you see it now? Can you see it now? No, I can see it from here. Why not? Can you see if it's open? My light's on it on your end. Honestly, I can't tell what it is there. >> [crying] >> Can you ask him again if he's had anything to drink? Can you ask him if I can just do a couple tests? >> [crying] >> Hey, is this? That's yes. >> [crying] >> DON'T MOVE YOUR HEAD. SOMEBODY LET THIS PERSON OUT OF HANDCUFFS, PLEASE. You dropped a $5 bill. Is it his? I have to ask him these questions. We just have to ask him, okay? Where are you going? Okay, where have you been? Who's driving this car? Is there an emergency? Is there anything mechanically wrong with the vehicle? He's not 100% sure, but he thinks possibly transmission. So, he's 16? How much have you had to drink? How have you been drinking? What else have you had to drink? He said juice and water. What size were the drinks? A bottle of Cokes. It's a bottle. Where were you drinking? What time is it now without looking at a phone or a watch? 6:30, maybe? p.m. I asked. Can I help you? Can you help me? Well, yeah, you're just looking at the patrol car to see if I can help you today. Oh, no. I was just looking to see if I left something in there or see what you got in there. Okay. No. Beautiful. I'm going to need you to back up, sir. Okay? If you interfere with my investigation, it is a crime, okay? Just back up, okay? Shut the [ __ ] up. Listen to her. How's it going, sir? Don't don't block my view. Don't block my view. We want you guys to give these officers enough room to do their field sobriety exercises, okay? All right. Don't get any ideas. >> So. You know that what you're doing is a felony act, right? You're you're interfering with me recording. I just don't want you to stand behind >> I don't care what you want. I don't care what you want. I don't care. My intent is to record you, you [ __ ] idiot. What do you think I'm doing? You're more than allowed to record us. Then don't block me. Okay. You know it's against the law, right? No. Well, you better find out quick. Okay, so you're talking to him is interfering with my investigation. I'm going to need you to stop. >> Interfering is a physical act, idiot. >> Okay, you're messing with my investigation. >> act. >> Okay, I'm asking him questions. >> Shut the [ __ ] up and do your job. >> I am. I'm trying to. >> Shut the [ __ ] up and do your job. Sir. Sir. Stop talking to him. I can talk to whoever I want. Freedom of speech. >> put you in handcuffs. And you will be under arrest for resisting and delaying and obstructing the investigation. Freedom of speech. You know what freedom of speech is? To let the officers >> Freedom of speech. You know what freedom of speech is? I do. >> Do you know what freedom of speech is? You are violating my first amendment constitutional I know I am allowed to film and I am allowed to also speak. I am allowed to speak. Okay. >> I am allowed to speak. That is a first amendment constitutional right. >> but not to him right now because he >> Shut the [ __ ] up. He's >> Shut the [ __ ] up. There's no investigation. You're [ __ ] fishing. You're fishing. Okay. >> That's called fishing. Harassing the public. >> Okay. I just heard you guys [ __ ] tackle somebody down there and it was the wrong person. Shut the [ __ ] up. Get out of my face. I'm going to stand right here, sir. Then stand right there. You can stand right there. I'm going to stand right here. And learn the [ __ ] laws. Interfering with your activity. What the [ __ ] is wrong with you? Sir, I will say if you talk to him again, I will put you in handcuffs and you will go to jail. >> up. Okay. You going to arrest me for freedom of speech? >> If you try to talk to him yesterday, you >> me for freedom of speech? Tell me yes. Yes, if you interfere with an investigation, I will arrest you. >> my constitutional rights? I can't violate your rights, but you are in violation >> a physical act. You better call sergeant and [ __ ] get clued about it. >> Sergeant's already coming. Beautiful. Shut the [ __ ] up then. All right, sir. I'm going to put you in the Okay, that's fine. That's fine. That's fine. Don't Don't break my hand. Don't break my arm. We're not breaking your hands. You know they're doing it wrong, right? I'll go I'll go 10-51. Okay. All right, come on over here for me. Put my Put my phone Dude, you cannot You cannot Don't be aggressive with me. Well, do not pull away from me, sir. I'm just going to put you over here in this car. >> You cannot turn off my [ __ ] phone, you piece of [ __ ] >> We're going to turn it off. You cannot turn it off. >> Hold on, what's in your hand? Let me see. My keys. >> Okay, so I'm going to >> parked over there. My car's parked over there. And my dog's in it. >> Okay. And what's your car so we can get your dog for you? Don't worry about it, man. Okay. You going to have a lawsuit, dude. You [ __ ] have going to have a lawsuit on your ass. >> Okay. Hey, Jose, is there anything on you that's going to poke us or stick us, needles, knives, guns? I don't ask questions. Okay. All right, Jose. You are under arrest for penal code 148 A1, which is Do you know what 148.1G is? I have the right to record you guys. You do have the right to record us. Interference Interference Interference is a physical act. It is a >> going to be educated right now, brother. It is not. You're going to be educated right now. Do you know Do you know Do you know you're interfering with my right? All right, Jose. Have a seat for me. >> Violating my right. Yeah. Call my nephew. Tell him to come pick up my dog and my car. Okay. This handcuff right here is a little tight. Loosen it up like the other one. All right, I'll take a look at it right now. Do you know his number off memory, Jose? I can see it on my phone. A whole entire finger in that one and a fingertip in the other one. I don't I don't know his number. I have it in my phone. >> All right, Jose. Have a seat for me. If you can let me dial it out, I'll have him come pick up my Have him come pick up my dog and my car. All right, which car is yours so I know Dude, you have just [ __ ] blown it. >> Which Which car is it? >> just blown it, dude. Which car do you have? >> over there. I I heard you guys just tackled somebody off the [ __ ] bike. >> tight for me. All right. What's your name and badge number? >> I'm Officer Gindry, badge 1653. >> phone and all my [ __ ] This is the stuff. I'm going to go back to this investigation. Stuff right here. I'm grabbing your change off the car and we're going to take care of your dog. Gomez. As well as your vehicle. Is your name Gomez? I want my phone so I can call my nephew. If you give me his phone number, I'd be more than happy to call him >> It's in my phone. It's in your phone? Okay. Let me grab You just [ __ ] blew it, man. phone. All right. Hang tight for me. You just blew it. Do we have his phone? Does Gomez have a light? Yeah. >> Yes. Thanks. There it is. All right, Jose. I got your GoPro on your phone right here. All right? >> Don't turn off my GoPro. Your GoPro's already turned off. That's a violation of my rights. Okay. You guys are [ __ ] idiots. That's why I'm out here doing what I do. Well, I do have my body camera going and I do have a cage camera going in in here. According to your body camera, I got to get a [ __ ] attorney to get [ __ ] to be able to get any any film or any footage off that. >> Okay, so I'm going to be right here with you so you can see it. How do I get in touch Call your nephew to come grab your dog. Just so I don't have to impound your dog, right? Open the phone up. Hit the little button again. Okay. Swipe it up. Okay. Go under where it texts us. Text. Text? >> Yes. Okay. Look for Richard right there. Richard right there. Right there? >> Yes. Hit that. Okay. Now hit the phone. Phone on top. I'll put it on speaker, all right? Hey, Richard. What's up? Uh this guy just arrested me. Leave it alone. I'll turn the body camera on in here. >> This guy just arrested me over here on what's the street right here? What's the street? You are on 22nd and Pine. 22nd and Pine. Over here on 22nd and Pine? Maybe on 23rd? Come and get my dog and my car. Okay. I'll be right there. >> Right now cuz Petunia's in there and they want to take it to the impound. She's not going to be able to go to the impound. This guy arrested me for freedom of speech. For what? For freedom of speech. He said I was interfering by talking. All right. >> All right, Richard. I appreciate it. Thank you. Are they trying to tow the car or can I just get the dog? You can get the dog. We're going to impound the car. For what? Well, you're under arrest so your car's going to be impounded. No. No. All right, Richard. Thank you for coming. Where's your sergeant? Give me your sergeant right now. >> My sergeant is right there. Hi there, Jose. Freedom of speech. You know what's going on, brother. He needs to release me right now. You don't want to do this. So, I what you want to do. Freedom of speech. I have every right to speak. Interfering is a physical act. I need to be in between you and your detainee, which he is not detained. He's only being So, that's not true. You can't get what you want and you >> I get you. 97 clear for 28. 97 7 Charles Ocean Frank 651 and confirm I'm on a separate case from 50 and 59. All right, copy. And then can I get the case number? All right, Bobby. Copy, thank you. All right, Bobby. Sam 79, I adjusted the handcuffs twice and I can fit almost two whole fingers in the cuffs. All right, Bobby. Hey, Bubbers. So, we're going to do, all right? Hey, Bubbers. Hey, Bubbers. Hey, how are you? We're going to get you all hooked up here. Is it a different one? All right, hold on. I can't be impatient. All right, come on. Come on. Come on. There you go. Come on. >> Yeah, I'm going to start at 184. Everything happened with Harrison? Yeah. So, we're waiting waiting for it down. Yeah. Give me a rundown of kind of what happened. So, he showed up, started filming us. Uh-huh. Got right next to where [music] Gomez was standing. Uh-huh. Probably within 2 ft. We asked him to back up. Instantly he was saying something along the lines of [ __ ] you, I can do whatever I want. So, I walked towards him. I probably got within a foot of him. I said, "Sir, back up." >> where Gomez at to the suspect? No, like just to like probably 2 ft away off to the left. >> What I mean there like that distance in reference to to Stewart or the suspect? I would say to the suspect. Okay. Stewart even had to stop his investigation two to three times to tell him to hey, stop because Cuz he was that close to our suspect that we're interviewing, right? >> Yeah, he got close. We told him to back up, so I used myself as a barrier and he started trying to walk around me. Uh-huh. And I just said, "No." Kept cussing at me. And then he started talking in Spanish to him. Stewart had to stop him and be like, "Hey, you can't talk to him. He's in investigation right now." I intervened again. He started cussing at me again. And then afterwards he started talking to him again for the second time. I told him to knock it off and that if he were to do it again, he would go to jail. Okay. And I gave him about 5 10 seconds. He started talking to him again. And then that's when I placed him under arrest. Where's his car at? Right there, the corner. We'll uh we'll ask him what he wants to do about his car. Well, uh his brother's coming to pick up the dog. If he wants to turn his car over to someone, we'll turn it over. All right. His brother's Richard, I heard you on the phone saying something Richard, right? Yeah. All right. I think I told him Pine and 21st and Park, so I got to go call Richard again. Oh, it's right. I'll uh let me go talk to him. All right. >> want to get a a base cuz he's obviously trying to debate it. All right. Just that way I can Well, if he comes If he comes grabs the car, then I'll just put the dog back there and then All right. How many times would you say you had to stop talk stop and talk to Jose to get him to stop talking to your guy? He didn't stop talking, but I tried. Probably at least three, four times. Yeah. And I kept telling him he was interfering with my investigation cuz he kept trying to talk to the suspect. That's what I was doing. >> Yeah. And then you heard me tell him, "Hey, if you don't, you're going to jail." Okay. We have no problem with you videoing. >> speech. I have freedom of speech. This is considered freedom of speech. Jose, we have no problem you recording, but let me ask you something real quick so we can handle some business we need to handle. Your car. He is your brother coming to pick your dog up, right? My nephew. Nephew, are you Do you want your car to go with your nephew? You have the keys for him on you? They took them already. Okay. We'll make sure we get those keys to your nephew if that's what you want. What is your nephew's name? I can get my dog without him biting you. He's friendly, it seems like. >> Yeah, he was nice to me. He liked me. [ __ ] I'm surprised. Uh and what is your nephew's name again? Richard. Richard what? Richard Richard Navarro Richard. >> So, we'll turn your car over to Richard Navarro. Is there anything else you want to go with him besides your car and your dog? Just that. No. My wallet. I want my wallet to go with him. You want your wallet to go with him? Okay. Am I not going to get bailed out? What if I I got to I got to call Richard again cuz I told him Pine and 21st. It's actually Park and 21st. Yeah, he'll be a wrong street over. So, can I call him again on your phone? >> Yes. All right. I'll let you watch so you know I'm doing on your phone, all right? Do not let my dog loose. Nope. He's on a leash right now. Yeah. Once you're done with that can we roll that window up, please? Yes, sir. Thank you. You know you just blew it, man. All right. Oh. Hey Richard, I gave you the wrong street. You're at We're actually at Park and 21st. Park? Yeah, Park and 21st. It's just going to be a street up from uh a street over from Pine. It's real close to O'Reilly's. All right. All right. I appreciate it. Bye. All right. I'll set your wallet aside along with your keys and then I'm going to put your dog back in your car, all right? And I want him to take my my my phone. No, I want my phone, but I want I want the GoPro to go in my car. Okay. So, you want the GoPro and the wallet to go with Do I need my ID for for booking or whatever you're going to need? Do you want uh it Am I going to be able to bail myself out, bond myself out? I do not know. I do not know your financial status. What's your name? Officer Gingery. You blew it, bro. You just [ __ ] blew it. Hey, time for me. Are you Richard? >> Yeah. Richard? All right. I'm going to turn this guy over to you. He didn't actually bite me. He actually had no problem with me. So, Jose wants you to take his wallet, his GoPro, Okay. the dog, and then his car's parked right there on the corner, the blue BMW. They're going to tow it? Well, so we're giving him the option. We were going to tow it, but we're going to be kind to him and let him pick who takes it and so we want you to possess it. So, the windows are rolled down, so you're going to want to go check that. But let me give you his GoPro Okay. and his wallet. This is Richard, right, Jose? Leave my wallet because I need to bail myself out. >> Okay. So, your GoPro you want to go to Richard, right? And this is Richard? There's a couple of groceries in the back. Take them in the house, please. All right. I'm just locking my car up and putting the dog in the house. So, your phone, some change, and a wallet. All right. Where are you going right here? Is it Paso? Uh we're still deciding if he's going to go Paso or SLO. Okay. You guys can decide if you want to take me to SLO. That one's That one's That one's up to my sergeant. >> violated my first amendment right, freedom of speech. >> he do? What did he do? Freedom of speech. If he wants to tell you afterwards, he can tell you. It is a It will also be in a police report, too. It's all public. You could pull it if you wanted to. All right. Thank you, Richard. Adam 97. 97, Jose's nephew came to pick up his car. Do we get an ID on this guy? Richard Navarro. Is it Is it Is it that >> That's what Jose told us. Okay. That's what it is. 97, are you clear for an additional 28? Just verify it's 28 to make sure. 69073 Paul 2. And if DMV's not down, can I get the owner's name? >> [crying] >> Okay, where are we at with this? Uh he's got to go SLO for one. I copy. Do you want me to transport? Since he already is not hands of you guys, then he's kind of okay with me. That's up to you guys. Whoever wants to work that out. I don't care who transports but as long as we pick someone, probably. Okay. Doesn't matter to me since it's my car and my car, so If you just do a straight and we can handle your pre-book right now. Perfect. Or if you And someone wants to break it to Sanchez that I have a car. Sanchez can deal with it. Be the primary. I don't know. We'll just figure it out. I'll take primary for the 148. Okay. I'll put this up to it just to say that he was interfering in my investigation. Yeah. He was given numerous warnings to stop by multiple officers. Pretty much put in your report what you told me. Yeah. How close he was Biggest thing is how close he was Very close to both of you. officer safety concerns. Your photo of your suspect is there. He was warned. He even went to your back once or twice, too. And I had your uh talking to your guy which directly interferes He's right. He does have freedom of speech to stand over close, not however or close, but within whatever distance that's reasonable and safe. And there is He can sit there and scream at you the whole time. That's fine. It's as if It's as if you were like if you were suspect and they were there. He was probably right here. Yeah. So, but once he starts talking to your guy and actually interfering with your investigation, that's where we are more solid on our point. He's right. He stood at that truck and yelled at you the whole time. He can do that. There's nothing we can do. I have no problem. No, but he started like I don't know what he was saying in [music] Spanish. I don't know. He was saying you don't have to answer their questions. You don't have to answer their questions. Yeah, either way he's He's interfering. He gets warnings. He's too close. It's unsafe. I appreciate it, Richard. Thank you. It's unsafe for you to come to the investigation. Officer safety was your focus on a DUI driver. That's why we have a backup. Yeah. Um so, cool. I'm going to toss this in a trash can. >> transfer and I'll do booking? Yeah, if you don't mind. Or I can handle that. I'd have Shane probably do booking. Maybe. Or if the PC's Well, you have to do a step anyways, but Shane's here, too. Yeah. We were all here. Well, whoever wants to do it, I'll just shoot down there now. I'll stay I'll pull up body cam so we can see exactly what was said. All right. I'll shoot down there now. I was going to ask him something real quick. Uh windows are up. Yeah, he's going he's going to jail, so I was just going to see if I should I don't know where to take the dog, so let me just ask him. He's We're We're already going to head out. Leo, you want me to take the dog to the house? All right. All right. I'm I'm going to have to uh get >> I'll see you to get the car. All right, Richard. Come on. Okay. All right. All right. I appreciate it. Case details. Initial conflict. Subject filming a DUI investigation and speaking to the suspect. Charge. Resisting, delaying, or obstructing an officer in the discharge of their duties. Subject interfered with a suspect interview and ignored multiple warnings to back up for officer's safety. Resolution: Subject arrested, car turned over to nephew, >> [music] >> dog secured.