you didn't know I had some had some say I think I had some moves welcome back to the lackluster Channel back in September of 2015 Mike Miller was in Toronto when he saw two officers searching a man in a parking lot and turned on his cell phone's camera to film The Incident just as he begins filming two more officers from Tavis the Toronto anti-violence intervention strategy arrives on scene and are directed to deal with Mike how are you sir I'm doing very well sir okay is there a reason why you're videotaping because I have the right to okay no that's fine okay I'll talk to you then okay how are you I'm good okay are you just shopping just walking by or I was just gonna do grocery shopping and then after that I see excuse me could you guys remember I was talking to you I mean like you're videotaping so I'll walk I can't engage in a conversation public place do you want to videotape I could come and talk to you right right you want to ask if you put any information I was just at getting uh well I was just getting a haircut and I decided to do some groceries okay and as I was walking I just basically seen how you know these young men were being investigated for smoking marijuana is that correct I really I really have no idea but I have the right I have to know I do have the right I do have the right to record though right yes but you should also know what you're doing yeah hi hi to understand the full scope of this situation this incident occurred in this Plaza parking lot the man being searched was here and this sign captured in Mike's video is here to advise drivers not to stop their vehicle in the driveway Mike now has his body up against the wall of this building after Constable's Sean Gill and Brian Smith backed him into it clearly in an attempt to block his right to record the interaction and to intimidate him hoping that he leaves or doesn't film again in the United States the officer's actions are often referred to as prior restraint which is the government's action of prohibiting or censoring speech or press but it is rarely upheld in U.S law California has the Bane act and in 2022 the 10th circuit heard a case that I covered where Liberty freak TV and Eric Brandt were filming a DUI investigation when an officer shined a flashlight into their cameras the court found the officer's actions to be a violation of their first amendment rights and stripped the officer of his qualified immunity God is wrong with you people that full video will be linked below but while neither the Bane act or U.S case law apply here Canada does have various statutes and legal doctrines that are similar the Charter of Rights and Freedoms protects freedom of expression but that freedom is not absolute Canadian courts apply a proportionality test to weigh in individuals rights against the government's interest in restricting such rights often in the context of hate speech or Public Safety but as ridiculous as that might sound Mike's filming of this incident creates no concern for Public Safety unless of course you consider what the officers are doing so this is this is what happens now right what okay you have no idea what's going on in my palm print I have the right to record though yeah that's right okay looks good yep yeah so just to let you know they're being investigated for marijuana right so what else do you need to know is there anything else I can help you with stuff I know this is going to look good on Worldstar I'm not putting it on Worldstar the lens is dirt but I I do I do I do have the right to record obviously so you're showing me that I do have the right to record you can do whatever you want and if I'm gonna be recording that's probably what it is you can record okay right you're in public right yep no reasonable expectation to privacy exactly exactly so I'm just letting you know I can be standing here too okay all right that's good you should clean your lens though man yourself [Music] yeah that's right man you didn't know I had some moves eh you didn't think I had some moves that's right you know we deal with people like this all the time right Mike's recording gets shut off accidentally for a moment but continue shortly after with one of the officers offering ludicrous hypotheticals that wouldn't require the censorship of a free press these things going on anyway that's not true at all I'm about I'm about the truth I'm not a regular person so after you're finished recording what are you gonna find out next what what's wrong find out anything you want to know you want to make sure they're not being accoster or anything like that you need to know the facts of what's actually going on what if something what if this was a medical complaint and this guy needed help here I was I want to put it to you like this yeah I want to put it to you this way right yeah you're getting the video I want to put it to you this way the video ends there but afterwards Mike filed a complaint and a police spokesman said quote there's no one here who feels that their response was appropriate but her statement is questionable as the other two officers on scene didn't appear to be bothered by it and these two officers had to have learned that their conduct was okay at some point in their careers they complaint however made way for misconduct charges against the constables and an alternative dispute resolution was found between the police and Mike Miller who says that the officers offered a sincere apology and that Toronto officers would be trained to allow citizens to record but that the rest was confidential so let this be a reminder for you to film all interactions with law enforcement they may be recording but I am currently working several cases in which the government is attempting to hide or has deleted their footage and if an incident ever goes to court your video might be the one thing that saves you thanks for watching if you have a video use the submit Link in the description or pinned comment if you enjoyed this one subscribe and hit the bell for future content and check out our other channels lady lackluster and the odd side remember to like share and leave a comment about what you think of this interaction it's the easiest way for you to help expose corruption and misconduct merchandise is available using the links below join the lackluster family for just a buck if you'd like to further support the channel get a Lac logo next to your name custom emotes and early access to videos I look forward to seeing you in the next one all links are down below thank you [Music] foreign