what crime have I committed videotaping our parking lot and walking around the police is crime yes sir right now in the day and age that we're dealing with yes sir it is a crime so suspicious activ is that is that a felony or misdemeanor that's a misdemeanor so he said it was a misdemeanor so now we have a conflict on which one it is we don't have a conflict at all we have a conflict with taping taping parking lot in the days day and age h h o c o m b e let me have an ID this is intimidation Factor right here have an ID please what crime have what crime have I committed an ID what crime have I committ ID you're going to you're going to be failure to uh listen to a law enforcement officer ask you for an ID hey everybody it's James Freeman and today's video is coming to us from Trey citizen on YouTube and was recorded at the Greer Police Department in South Carolina 7 years ago I know it's nowhere near New but the police department in the city still to this day stand behind the actions of their officers ERS so I felt it completely necessary to bring it back up on this day Trey citizen was conducting what people call a First Amendment audit which from the best of my understanding means that you record in public for absolutely no reason at all to see if the police will respect your right to record in public which is supposed to be protected by the First Amendment while many people find the practice to be childish and annoying I personally find it childish and annoying that individual liberty in the US has been stripped at an all-time high rate in the name of safety following events such as 9/11 are you today how are you today what's your name and badge number I'm Corporal sh at the police department how are you all I'm all right okay is there any reason why you're videotaping just curious you're not any kind of trouble there's nothing here other than we got called and told that you were walking around the parking lot lot so any particular reason for it no you're not going to answer so we just going to have a stare off because I'm recording you and you're recording me is that what we're going to do you have your ID on it's proba done anything wrong well you're recording a suspicious activity which puts this into a category of suspicious activity this means Terry versus Ohio I can detain you until I can determine or deny that Terry Ohio say is not enough for reason reasonable calls for ID I would there there's already a call on it so so suspicious activity is that is that a failing or misdemeanor that's a misdemeanor no it's not yes it and I can't believe you just sat here and live go ahead and give me your ID uh can you call your supervisor to the scene I am a supervisor I need another one I need lieutenant or somebody else okay actually actually I'll go and do this type of thing okay yeah so I'm just curious any criminal activity there's nothing to worry about so why are you asking for my ID then because you're not answering me and when you're not answering me how do I know you're not fing this parking lot to come shoot it up it's called the Fifth Amendment right so I can check on that if it's suspicious and the part of that checking is to identify you so if I can get it's suspicious a felony or misdemeanor sir again name badge number Sergeant forer 301 all right how you doing good how can I help you well he contacted me want my ID for no reason so I need a supervisor to let him know that you know without Anyan being committed I don't have to present my ID well he actually got a call on you well that what what crime have I committed well some anytime somebody calls in and reports suspicious activity it's suspicious it's suspicious of failing or misdemeanor uh it's neither one but he asked NE okay thank you so he said it was a demeanor so now we have a conflict on which one it is we don't have a conflict at all we have a conflict withing taping parking lot in today day and age that's fine that's fine you ain't got to Woe nothing who what's your name and badge number uh my badge number is 2011 it's Lieutenant hok h o c o m b e now who this is intimidation effector right here have an ID please what crime have I what crime have I committed an ID what crime have I committed you're going to you're going to be failure to uh listen to a law enforcement officer ask you for an ID what crime have I Comm an ID you got an ID what crime have I committed an ID what crime have I committed videotaping our parking lot and walking around the police is that a crime yes sir right now in the day and age that we're dealing with yes sir it is a crime what crime have I committed today anytime there's a suspicious person or misdemeanor it's a let me see your ID you got you got the count three or you're going to jail now you guys see I got one hand on my camera one who two don't sh me you're under arrest who you're now under arrest you're now under arrest you got your IDE on you asking for ideas uh not that's a right to stay in jail that's a right to stay in jail because if we don't have an Ida and name with everything then you stay in jail until we figure out who you are so you can tell us who you are or you can stay in jail we figure out huh interfering with the police what crime have I interfering with the police interfer yes you were you got came to approach me yes sir and I asked you for an ID what crime has I committed interfering with the police crime interfering with the police crime for you suspect for listen to me listen to me cuz I know you're not DEA I don't got to listen to you interfering with the police yes you were I was not come on yes you were no I wasn't and you know I wasn't wor about I'm not worried about it I do this all the time that's fine I be in South Carolina North Carolina and Georgia doing this guess what we of car you know my property supposed to stay with me you know my property supposed to stay with me you know right car all right so you got on by the camera Lieutenant uh hul does not want to bring my property with me oh now he wants to bring it there you go now he know he I heard you say something [Applause] all [Applause] right we got a call um that he was walking through filming the Century Insurance parking lot and then filming our parking lot I guess he filmed hem when he drove by so I got out I started talking to him I just wouldn't answer me at all just what's your name badge number so and I said you're not doing anything wrong at this point if you're just filming but you know we got a call on you suspicious activity this says what's your reason for doing it he wouldn't answer me what crime have I committed because I said okay well now of ID this I told him I said Terry versus Ohio now you're being suspicious so I can detain you and I need to see your ID what crime have I committed he do have any idea on them no wallet or nothing so it's probably going to be that guy from F brothers that got out that night I'll look it up on the Intel side see that's probably going to be he brought up here the Ohio no I'm the one that brought it up yeah yeah why I was at that point we moved from friendly [Applause] [Music] conversation sorry then you're doing a private facility as [Applause] [Music] well all right [Applause] fine what's that if you want to put me on it that's fine okay whatever figure out who he is sheti whatever okay you want me to jail them or you want me to cut huh you want me to jail them or do you want me to uh if we uh figure out who he is whatever I don't care [Applause] okay okay um I think what I'll do too is so LT LT I think what I'll do too is cuz I don't know what's on that cell phone or what he's recording I think that cell phone should be held as evidence until we figure out what might be on it may be a good idea I mean he who knows what he's been filming for a while a good idea and get get a uh and get a you know talk with search download everything on okay [Applause] when you're when you're acting suspicious under Terry versus Ohio if there's a reasonable suspicion that a crime is being has been or might be committed you can be detained and placed in investigative detention this officer is absolutely right but as he just articulated it has to be reasonable suspicion that a crime has been committed is being committed or is about to be committed in other words I can see that you have chocolate on your face and therefore I am suspicious that you just ate chocolate cake well eating chocolate cake is not illegal so even though I'm suspicious that you did I don't have reason for a Terry stop so the police were suspicious that this man was recording but recording isn't illegal as a matter of fact it's constitutionally protected activity therefore they can be suspicious of his recording just like they can be suspicious of you eating chocolate cake but since neither of those things is a crime and they have no suspicion of a crime they have no lawful right to detain as a matter of fact police have no waffle duty to do anything in this situation except leave the man alone therefore nobody could possibly interfere with them exercising their lawful duties because they have no lawful Duty here once you're pled in investigative detention you have to identify yourself if you don't you can be charged with interfering of police so once we figure out who you are we'll issue a citation if I just issue a citation for interfering you don't even have to see a judge if you don't want to identify yourself then we'll have to make you see a judge so that's going to be pretty much up to you on how that happens and I apologize when you asked me what kind of crime it is I was thinking interfering in my head and not what you were asking so which is a misdemeanor because you didn't identify yourself when you asked for an ID when you're under investigation investigation for suspicious activity you don't you don't have to have a crime for Terry the city's Attorney John Dugan released the following statement about the incident our country and our communities and the law enforcement agencies which protect them are are facing a triple threat including one mass shootings two terrorist threats and three targeting of law enforcement officers on Wednesday June 15th 2016 just 3 days after the worst mass shooting in US history the Greer Police Department was notified that an individual was videotaping the Municipal Court SLP Police Department building and the adjoining parking lot from both Maine and Miller streets in in addition to police vehicles police officers police department and Municipal Court staff and members of the public park their personal vehicles in this lot at this particular time City Court was taking place and many citizens attending Court had also parked in this lot because of security concerns three officers responded they repeatedly asked the individual to provide identification and an explanation why he was videotaping this area the individual later identified to be Deontay Valentine would not answer and continue to videotape the parking lot area this heightened the security concerns of the officers because Mr Valentine would not respond he was taken into custody in order to determine his identity and the motives for videotaping the building and the cars in the parking lot subsequently it was learned that he was doing this as a pre-planned effort to quote bait the police department in hopes that it would evoke a response which could be used to create a controversy concerning the conduct of the law enforcement officers he had previously done this at Greenville sheriff's department and it was also learned that he posted the videos of these incidents on YouTube under his channel called First Amendment audit the videos of this incident are posted on the police department website and may be viewed by the public after the police identified Mr Valentine and determined the reason why he was videotaping the area he was charged with interf intering with police and released 2 and 1/2 hours later it is unfortunate that in this time of heightened security concerns for all of us and for law enforcement agencies in particular Mr Valentine chose to do this it is also regrettable that he chose not to provide his name or address or re or reveal the reasons for his behavior he could have chosen to provide his name and address and the reason for his actions when questioned by officers he also could have notified the department before he started videotaping the area and the reason therefore had he chosen to do either this incident could have been avoided the Greer Police Department is constantly training to prepare for all kinds of security incidents it will use this incident to train its officers concerning ways and methods to deal with situations like this and ensure that our community is as safe as possible in the event that Mr Valentine should sue the city and the police department will vigorously defend the lawsuit the Greer police department will continue to vigilantly protect the Safety and Security of our community following the incident Trey citizen published an update which didn't actually give any new information about the incident and then published two more videos on his channel then he disappeared from the public eye while the city of Greer adamantly denied any wrong doing and publicly stood behind their officer actions the conduct of the department while dealing with people exercising their right to record in public did change drastically in following years which can be seen on other channels that have since tested the department when I reached out to the department they informed me that none of the officers that were involved in that incident are with the department at all anymore but the internet is forever and so the unfortunate Mark that they left on the department and on the city is also forever you ID this is intimidation Factor right here have an ID please what crime have I what crime have I committed an ID what crime have I committed you're going to you're going to be failured to uh listen to a law enforcement officer ask you for an ID