Hello. Can I help you? I I've walked out the door, you put a camera in my face. I'm asking you how I can help you. allow recording on our property. If you do not stop recording, we'll have to arrest you, sir. Hey everybody, welcome back to the LockPickingLawyer channel. Today's video is a little bit different. I'd like to share this massive update in a lawsuit for a video that I did almost two years ago. The original video features DJKDotTheParty out of Denver, Colorado, who was conducting an audit on a Denver police station. He was arrested for filming on the property. And we'll get more into that in just a second, but before we do, the big update is the defendants in this lawsuit have filed a motion to dismiss that was denied. I will be linking a copy of the lawsuit down in the description, but the gist of it is that the defendants had no probable cause to arrest DJKDot for violating the alleged prohibition sign. The officers also asked for qualified immunity and were denied again because they had no probable cause to make an arrest and simply arrested DJKDotTheParty because he was filming and for no other reason. That's it. And now his lawsuit for first and fourth amendment violations and malicious prosecution can move forward. Here's the original video to catch you up on context. DJKDot reached out to me back in December regarding an incident that happened to him in November at the Montbello Police Station in Denver. KDot was live streaming on Facebook a First Amendment Audit. He was subsequently arrested for Colorado Revised Statutes Title 18 Criminal Code 18-9-1-17, Unlawful Conduct on Public Property. So, what unlawful conduct do you think he might have been a part of? Well, first, let's check out the statute. The first thing I want to say about this statute is that it is written in a way that it can be enforced based on opinion because it is written so broadly, limiting or prohibiting the use or activities or conduct in such public building or on such public property issued by any officer or agency having the power of control, management, or supervision of the building or property. Meaning any officer, agency, or management can enforce this law. Subsection A through G define a few different things that they can use to create specific rules. The two in question for this particular case are subsection B and subsection D. Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities and necessary sanitation, health, and safety measures. What the officers and prosecution team are going to argue in court is that DJ Cade Ott was obstructing the entrance of the building, limiting the use or function of the building, and creating a safety concern. And we'll get to that in the video, but first check out the sign posted outside of the police station. The sign states no video recording is allowed in the Denver District 5 station without prior permission of the Chief of Police. Let's disregard that this is an absolute violation of Cade Ott's First Amendment rights. The keyword on the sign is in. At no time was DJ Cade Ott in the station. Now, let's turn to the police reports regarding this arrest to see how they define in. This is the written testimony by the male officer. As you can see in the middle of the report, it says, "I also noticed that the suspect was recording into the lobby of the District 5 station, clearly filming into the building, which was lit from within and visible at the time." So, Officer Gurvich obviously takes this sign as meaning you cannot film into the police station. Meaning, if you had a dash cam on the street facing the building and it filmed into the windows, you could be arrested in violation of this statute. I also want to take a brief moment to point out some of the language used in both of these reports. That individual was pointing a cell phone into Officer Wineheimer's face and appeared to be recording her. The way that it was written that he is pointing a camera into somebody's face makes it sound aggressive when it is inherently not. But, it only gets worse when the female officer writes her account of what happened. She claims that she was exiting the front door, and as she did, DJ K-Dot pushed a phone into my face. The way that it was written makes it sound like he actually pushed a phone into her face, making physical contact with her nose or some other portion of her ugly mug with his cell phone. K-Dot was standing in such a way that I was unable to get past him to exit the building or get to my vehicle. Watching portions of this video, you can see that there is clearly enough space for more than one people to move past K-Dot, and that he was in no way obstructing anybody's right to travel. And again, in the report, the female officer writes, "He continued to block my way and film me and into the police station." Showing that the female officer's opinion of that statute is that you cannot film inside of a window from any public place. It is my personal opinion that DJ K-Dot's civil rights were violated in this case. If you like what he does, hit him a sub. The original links to videos and his channel are down below. This evening, I will be doing a police audit. First Amendment audit at the Montebello Police Station. Let's see if they uh respect our First Amendment right to record, and uh we'll go from there. We in Montebello, people. We are in Montebello. Hello. Can I help you? All right, how are you? I'm fine. Can I help you? I was actually wondering if I can Where Where do I get the accommodations complaint forms / complaint forms? So, there's not a form itself. You can file a complaint if you call down to the main number, there's a line where you can talk to somebody. What's your name and badge number? Can I help you with something? Okay. So, you're not going to say your your name and badge number one. I I just gave you my card. I understand that, but I just wanted to Well, sir, I How can I help you? Can I have your name and badge number? Yes, I literally just handed you my card. that. And I appreciate that. Okay. Please, I I need to know what's going on. that's part of your policy, right? My policy Our policy is to give you a card. Right, right. So, but but I I would like you to state it though. Okay, I I'd like to know what what is going on. Ma'am, can you please state your your your your badge number? 501, can you come out here? Sir, you literally have my card. I understand that, ma'am. I understand that, but what is What is your policy? I I blocked out the door. You put a camera in my face. I'm asking you how I can help you. All right. How How are you doing, sir? What's your name and badge number? you need? Sir, what is it that you need? What's your name and badge number? Wait, we do not allow recording on our property. If you do not stop recording, we'll have to arrest you, sir. Really? Yes, sir. It's actually written right there. It says no video recording. Is this Is this public property? This is a city of Denver property. I'm giving you a second order to please stop recording. We can help you out. Do not make me arrest you. You're talking way too fast. Can you slow it down just for a second? Please stop recording. This is the second time he's given you the order. Okay, so this is So this is my my first amendment, right? Okay, it's not actually your I'm not resisting. Thank you. I appreciate you not resisting. Thank you, sir. I appreciate you not resisting. I'm exercising my first amendment, right? That's fine. Is this Is this private or public property? Nope, this is city and county of Denver and that is the state statute that you're about to be arrested under. Okay, good. Okay. All right. You got it? Yep. All right. I'm waiting to hear how I can help you. I I would like to know what it is that you need. Uh do you have my phone? Yeah, I have your phone. Is it still recording? Did you turn it off? I did not touch it. I think you turned it off. You need to keep moving. Okay. This way. Okay. Turn your phone off. Do you want me to turn my phone off? Yeah, I do. You're not supposed to. Okay. Actually Well, I just did. Spread your feet. Nope. Let me Let me grab the bag for him. Right here. Okay, you got anything on you that's going to sharp poke me? Actually, I don't consider the Oh, you're under arrest. body camera on? Yes, my body camera's on. Okay. I don't I don't consider the You don't You don't It doesn't matter. You're under arrest. What for What crime? I I showed you the state statute. It's actually 16 Actually 16 Well, there are state statutes. Also, there's a statute that an officer gives you a lawful order. You have to follow that. I understand that, but at 16 I want you to know it will be on audio. At 16. Sorry. It will be on audio. I promise you. We are not hiding anything from you. No, no, no. I'm just Well, sir, here's the thing. You You came in here and you suddenly difficult. We'd be more than happy to help you, but there's no need to be difficult with us. That's just unnecessary. So, what the officer means by being difficult with us is filming when we don't want you filming. Anyway, as you can imagine, all charges were dropped and the lawsuit continues. I'll let you know when they reach a settlement or when this goes to trial. Big thanks to DJ K.dot for sending me this update. His links will be down below. Be sure to head on over there and let him know I sent 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 Luckluster 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 Luckluster family for just a buck. If you'd like to further support the channel, get a luck 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. Hey.