So, I need to know, am I being detained for a crime? And if so, I need you to articulate what crime I'm being detained for. >> You're being You're You're being questioned and talked to right now about suspicious activity. That's the call. That's what we have. >> But, am I being detained? If I'm not being detained, I'm going to be free to go on my way. >> Suspicious and trespassing. But, when he calmly asserts his rights and demands an actual crime, their case falls apart, forcing officers to back down with no charges. >> Did he tell you why we got a call on you? >> He said he got a call on him. >> Yeah, cuz you're taking pictures or whatever. >> Is that illegal? >> No. No, it's just a little suspicious. Do you have a right to be on this property? Do you have permission? >> I'm not answering any more questions. Am I being detained? >> No. >> Have I committed a crime? >> But, you do >> Am I being accused of committing a >> you have to produce your license to me. >> Only if I'm suspected of committing a crime or in the process of committing a crime. And if If I'm not >> sir? >> If I'm not being detained, I'm not answering any more questions. >> What's your name, sir? >> I'm not answering any questions. It's illegal and I'm going to find out. >> What What makes you think that it is? >> Because I'd hate to think that I live in a country where you officers could just run my plates and get my information anytime you want. Now, given the fact that if I'm not detained, I don't have to provide ID, he did not detain me. He just took it upon himself to go back there to find out who I am. I do not have to provide that information you unless I'm detained. And you didn't detain me until you walked to the back of my car after you ran my plate and after that officer ran my plate. I have it all on video. >> That's fine, but >> Now, if you would have come up and said, "You're detained for this crime," I'd have provided you everything you needed, but you didn't do that. Y'all just want to know what I'm doing. So, you want my ID, which is not the way it works. And because I didn't Because I didn't Because I didn't provide my ID, then he wants to be shady and go run my plate. >> Nobody's being shady. Listen to me, sir. >> Everybody's being shady here. I haven't committed a crime. I haven't done anything wrong. And if you say I'm trespassing on this property, you're wrong because I can't be trespassing on a property that I've never been asked to be to. This is a church parking lot. Are you prepared to say in court and tell the court that this preacher of this church would not want me here sitting in this parking lot. >> Are you going to let me answer? >> Sure, go ahead. >> Okay, the answer to that is we got a call that you were here, okay? Now, we're we're investigating that. What it for whatever reason you're here, not just because you're sitting on the church parking lot, okay? It wouldn't have mattered if you were sitting in front of Rite Aid parking lot or anything else. It doesn't matter, okay? >> Well, if it doesn't matter where I'm sitting, >> Hold on. I want to get an understanding >> Why was I threatened with being charged of trespassing? And I would appreciate if you didn't touch me. >> Listen. >> I know you have no legal will, but I would appreciate if you didn't take for granted that we're friends enough for you to touch me. >> Well, >> Because right now you're performing an illegal act, and I don't trust you. >> to you. >> Well, this is not a consensual conversation, and the only way it's going to continue to be a conversation is if I'm detained. And if you detain me >> Well, until we figure out why Let me tell you this. Until we >> Unless I'm being detained, I'm not answering any more questions, and I'd like to be free to go about my business. >> Until we figure out why you're here, you are being detained, sir. >> Okay, what crime am I being detained for? >> Suspicious activity. Trespassing for one. There's a railroad track >> we're back >> to trespassing. >> Yeah. Yeah, I mean, that's what it is, sir. I'm not I'm not I'm not just pulling stuff out of my butt here, you know? >> So if So if I was to go park in like your example, if I was to go park in Rite Aid parking lot and sit there [clears throat] and take some pictures, that makes me trespassing? Just like I'm doing here? I'm in a church parking lot. Okay? That is openly accessible to the public. There are no signs that say private property. There are no signs that say you can >> So I'm not being argumentative with you in saying No, no, that's not the case. That is wrong. >> You're exactly right. >> you can charge me with trespassing all you want, but if you think you're going to be able to stand up in court in front of a jury of my peers and convince them that what I'm doing right now is trespassing, you're wasting your time, my time, and the and the court's time. >> Well, here here's the thing. Here's the thing. Most of 90% of what we do is a waste of time. Okay? I'll give you that. >> All this boils down to is your off-duty officer that pulled up and told me he was off duty and told me I was not detained, wanted to know who I was, and he doesn't have that right. >> No, that's not what happened. But then I have it all on video. I understand. You're right. But let me tell you, he didn't just run across you. What happened was he heard the radio call. Me and that other deputy got a radio call that somebody was here taking pictures. >> Okay. >> And he he heard it on the radio and was close by and stopped. >> Okay, let me ask you >> He didn't just approach you because he felt like it. >> nobody called and said there was somebody trespassing. Somebody called and said I was taking pictures. Is it illegal to take pictures in public? >> It depends on what you're taking a picture of, sir. >> Here here's the >> So, so you're telling me that a citizen doesn't have a right in public to take a picture of anything they can see from public. Is that what you're telling me? >> Uh let me let me back that up cuz I'm going to use that argument. You That's what >> I just like for you to answer my question. >> Hold on. I'm going to answer it. But, I'm going to answer it in a way that you asked us to about running your license plate. The courts have already said that license plate is in plain view wherever it is. We As long as we don't go up in your yard and do it. >> I didn't I didn't accuse you. I said I think it's illegal and I'm going to find out. >> And I'm explaining it to you. >> Okay. And before we leave, I'm going to need names and badge numbers from every officer that's here. >> Our business card. >> You're recording it. You got mine right here. >> Okay, what's your badge number, sir? >> 1123. >> Thank you. And I'm going to need it from those gentlemen as well. >> So, why can't we have a civil conversation here about what you're doing here? >> We were having a civil conversation until your officer who was off duty and told me that I was not detained started asking me for my ID, what I was doing, why I was here. >> Okay, I'm asking you to communicate with me. >> Okay. I'll communicate as much as I feel necessary to communicate with you. If I'm being detained though, I need to know right now if I'm being detained. Because if I'm being detained, I'm going to cooperate silently and and I'm going to uh I'm going to plead the fifth and not answer any more questions. Now, if you want to have a consensual conversation and communicate, I'll do that if I'm not being detained at my discretion, not yours. So, I need to know, am I being detained for a crime? And if so, I need you to articulate what crime I'm being detained for. >> You're being you're you're being questioned and talked to right now about suspicious activity. That's the call. That's what we have. >> But, am >> being detained? If I'm not being detained, I'm going to be free to go on my way. >> Sir. >> Let me Listen, the law says if you're detaining me, I have to cooperate within the law. If I'm not being detained, I have every right to leave. If you do not allow me to leave and I'm not being detained, you're falsely imprisoning me. >> No, I'm not falsely imprisoning >> I free to go? >> No, sir. >> Am I being detained? >> Yes, sir. >> Okay. What crime am I being detained for? >> Trespassing. It's suspicious activity. That's what I'm telling. I told you that three times. >> Suspicious activity is not a crime. I can be suspicious if I want to. There's nothing illegal about being suspicious. And if you're going to detain me for trespassing, I'd like for you to go ahead and cite me. >> Well, I don't We have the discretion not to. We have the discretion to or not to. >> So, you're using the trespassing to get what you want when I won't cooperate. >> using I'm using a little bit of logic here and trying to figure out for this business owner right here because >> I spoke to this business twice. Both times I've explained them what I do here. Both times their management said that's okay. So, I've >> When was the last time that you talked to them? >> Two months ago. I have it on video. >> who that was that you spoke to? >> I have it on video. His name I don't know it >> Can you tell me his name so I can ask him if he's on the >> off the top of my head. I have it on video though. And I'm not going to provide any information right now because I'd have to shut this video off to do so. Now, that's not me being argumentative. That's just a fact. I'm not going to shut this recording I'm doing right now off to find out that gentleman's name. >> I'm [clears throat] just curious about one Can we have a Can we have a sensible conversation about one thing cuz >> No, we can't. You've told me I'm being detained so As of right now, if I'm being detained, I'm not answering any more questions and you tell me what I need to do. >> What do you mean if I tell you what to do? >> Well, if I'm being detained, by law I have to cooperate. If I'm not being detained, I don't have to cooperate. >> Okay, well, here's the thing. I mean, here here's where it can come down to, okay? If you want to play this, okay? >> playing anything. I'm following the law. I wish I wish we were all following the law. >> And that's what I'm telling you, the law. >> Sir. Let me tell you something. That constitution means just as much to me as it does you, okay? >> Apparently not, cuz you swore You swore an oath to protect it and and you're not right. >> right. Yes, absolutely, 100%. Absolutely, 100%, sir. And I've been protecting this constitution since I was 17 years old in the Marine Corps and everything else in law enforcement, okay? So, don't tell me, just because I'm a law enforcement officer, >> that we're trampling all over everybody's >> you because of your actions right now. >> Sir, my actions? We have a right to talk to whoever we want to. >> am taking part in a constitutionally protected activity and you're detaining me right now. >> Okay, well, here's here's what it comes down to, sir. Here's what it comes down to. If you want to talk the law, okay? The thing is, the law was telling you, "Don't come back on this property. Don't come back on that property, or that is failure to obey an order and you can go to jail." >> Okay, on what property? You said this property? >> yes. >> And and that you said that property. What other property are we speaking of? >> This property, yes. >> I've never been on that property in my life. >> I'm not saying you have. I'm just telling you. >> And if you're giving me a direct order that I can't be on this property, and I contact this individual right here, and he tells me I can be on this property, me and you're going to court. >> I don't care, sir. >> I know you don't care. Well, you can't just go around telling people what >> You're You're not a member >> know that? Are you assuming that? >> Are you a church member here? >> I don't have to answer that question. But, hey. Is he the preacher here? Can he come over here? >> We'll find out. >> I got no problem with that. But, I bet you you do the talking to him and when it's all said, let me talk to him and see how it turns out. >> Do you know this individual? >> No, I'm sorry, I do not. >> How do you do, sir? Is he a member of your church? >> No, he's not. >> Is he allowed to be on this property? >> No, he's not. >> Okay. Can you Can you tell me why I'm not allowed to be on I I respect your wishes, but can you tell me your reason for me not being allowed to be on this property? >> I would prefer not to do that. >> Okay, that's fair enough. Have you ever told me before that I wasn't allowed on this property? >> not. >> Thank you for being honest. I appreciate that. Would you like to know why I'm on your property? >> No, would not. >> Okay. Well, that's fair enough. >> Thank you. >> And and you don't want me coming to your church or back to your property? >> to come to services only. If you are doing anything other than attending our service, I will ask you to leave again. >> Okay. Fair enough. All right. >> okay? >> All right. Thank you, sir. I appreciate it. Are we done now? >> Yes, sir. >> I'm not being charged with trespassing? Can I have your name and badge number, please? >> It's Trooper Pryor. >> Trooper Pryor. And Trooper Pryor, I'm going to ask you, you're the one that detained me. >> Mhm. >> You never did give me cause for the detention, but am I now no longer detained? >> Yeah, you're free to leave. >> And I'm no longer charged with trespassing and the other things you said I was going to be charged with? >> No, you will be if you come back cuz you've heard it from the owner, okay? He doesn't want you here. >> Okay.