You are being detained on suspicion of terrorist activity for taking pictures of a public police department. Disparity. >> You were standing there either surveilling you were either surveilling okay look I'm a former military I've done it myself. >> What is this? >> Right over here. >> So you're you're telling me I'm being suspected of terrorist what now? >> Yes sir for surveillance. We saw your hands down there. >> you're wasting your time cuz if you're going to arrest me you'd arrest me already cuz I haven't committed any crime. I'm a private citizen of the United States. >> We haven't we haven't established >> The first amendment won't take me if I was taking pictures or photographs. >> This encounter started when a man was standing outside a police department reading emails on his phone when officers suddenly became suspicious of him. Instead of leaving him alone they quickly turned a completely ordinary situation into an investigation and claimed they had a reason to detain him. The problem was that the officers struggled to explain what actual crime they believed had been committed. The citizen immediately began asserting his rights questioning the detention and demanding to know what crime justified the officers actions. As the conversation continued the officers pointed to his presence near the police station and the way he was holding his phone while the citizen repeatedly challenged them to articulate a lawful basis for the stop. Watch to see if the officers can justify the detention or whether their entire case falls apart under basic questioning. >> Hey man. How you doing? >> I'm doing good. How you doing? Hey you doing? >> You videoing me? >> I am now yeah. >> That's cool man. I didn't know what you were >> videoing. >> Can I ask what you was doing over there? Was you taking pictures? >> No. Can't ask what >> I need you to take your hands out of your pockets for me. >> Am I a suspect? >> You have to do that. >> Are you detaining me or am I free to go? You're wasting my time. >> How you doing sir? >> I'm doing fine. How are you? What's your badge number? >> 405 >> Okay I need ID from you now. >> Based on what? Am I First answer me one question. Am I being detained or am I free to go? If you tell me I'm being detained I'll give you ID. If I'm not, then I'm going to leave. >> You're not leaving. >> Okay. So, am I being detained? For suspicion of See? >> Yes, sir. Yes, sir, you are being detained for suspicion of terrorist activity for taking pictures of a public police department. >> take it. >> You were standing there either surveilling you were either surveilling okay, look I'm former military I've done it myself. >> this? >> Right over here. >> So, you're telling me I'm being suspected of terrorist What now? >> Yes, sir, for surveillance. Okay, at this particular >> Based on what proof? >> Based on this point you were standing there >> You're harassing me. >> I'm not harassing >> I was reading my emails of jobs I just applied for. >> With it this close to your face? >> Uh it's pretty bright out here. >> This this close to your face? >> Have you developed an iPhone Have you developed a phone that's brighter than this screen? Cuz I have it. I was reading my emails and then you started harassing me. >> Okay. That close to your face? >> Um yeah. This is as bright as my screen gets. Can you see it right now? >> Yeah, yeah, I I see it, but >> Could you read >> had it turned sideways up at this close. >> Yeah, it it's >> Okay, go ahead go ahead and and get a picture of this get >> I >> this close. Make sure you you had it this close. So, I want you to make sure you understand that whoever you show that to, this is how close you had it. They're not going to believe you were reading your emails. I don't believe you >> So, you don't believe I was using my sun visor or my hat as a sun visor to read my emails. >> No, sir, I don't believe that because of your behavior now. No, now that may be what you want to tell us, but you know darn well you can't over here harassing me. If we had more than if we had 10 people, probably seven out of those 10 probably wouldn't believe it. You know that, correct? >> Okay, so you're saying I have video or pictures of the >> for your identification >> Hold on. I'm just Hold on. >> You said if you told us you told me I was being detained, I would give you my ID. Now, are you not going to do that? >> So, you're actually suspecting me of a crime. What crime? >> Under >> I know my rights. Yes. This ain't a Terry stop. So, you believe that I've committed a crime, I'm committed a crime, or about to commit a crime? I'm familiar with Terry I'm I'm familiar with Terry versus Ohio. Are you? Okay, so I am, too. So, basically >> we have done that >> No, you're detaining me. Okay, charge me. Charge me. Charge me. Charge me, then. Charge me with the crime. I want a lawyer. You're detaining me, I want a lawyer. >> We do have the authority to ask you for the identification of you. You, yourself, said, "Tell me I'm being detained, and I will give you my ID." >> Well, I I believe you're harassing me. >> I I don't understand. >> Now you're going back on your own word. Now you're detained and arrested >> No, no, I understand detained. I understand detained. I want a lawyer. If you're detaining me, then I want a lawyer. >> Okay. Have we had to advise you of your rights for any crime that >> I want a lawyer. I won't be answering any more questions. I told you I was going to email. You're saying I took videos or pictures. You're saying I took video or pictures. So, bring the court. Okay, what do you say? Let's start over. I might have binoculars or something you were holding to your face. I might have binoculars or something. What do you What do you think I had holding to my face now? Binoculars or an >> Bingo. >> But, see, here's the funny thing. You're obviously prepared to be detained by police officers, or else you wouldn't be running around with your iPhone on video record all the time. >> As soon as he said You'll get to see the video on YouTube eventually one day, but as soon as he said hi to me, I hit record. >> So, you were obviously prepared to do that. >> I I'd like not to be harassed. I'd like for you to respect my rights. >> know and I am respecting your rights. >> Okay, and that's all I wanted, my rights to be respected. But, you told me I'm being detained, and you don't have reason to detain me. You have no sus- suspicion It's not illegal to take pictures. >> It's not illegal to take pictures, but let's put it this way. If you were photographer, and you were going from building to building taking photos of, say, um, architectural type items, that would be unsuspicious because you would be a known photographer taking photos of architectural type buildings. >> So, it's not >> What we have now is is you over here on state property taking photos of a police department, which we all know after 9/11, that was the that's preferred method of any terrorist is to surveil the buildings that they might want to hit. Now, I don't >> Is this because I have a really sweet beard or is it just So, you're profiling? >> No, we couldn't tell what you had. All I know is you had something here and you were standing there for quite a while staring at the building. >> So, you couldn't see 8 in of beard from over there, but you could see something in my hand. >> Yeah, yeah. Yeah, we saw this. And what we couldn't see was the rest of your face from here. >> You're you're wasting your time cuz if you're going to arrest me, you'd arrest me already cuz I haven't committed any crime. I'm a private citizen of the United States. >> We haven't We haven't established >> Amendment would protect me if I was taking pictures or photograph. >> Well, we haven't established that you had committed any crime, so therefore >> If you haven't established, do you believe I've committed No, no, this isn't a Terry stop. A Terry stop provides that you believe that I've committed, I'm about to commit, or I'm going to commit. What do you believe that I've committed, about to commit, or I'm going to commit? >> How about about to commit? >> Oh, you said how about Well, you're going to >> about to commit based upon you taking photos of this building. The building's been shot by people before. So, I So, as a police officer, I don't have a right to be in fear of possible person who might be surveilling the place where I work. >> People been >> I don't I don't Is it hilarious? >> Well, can you articulate Are you going to be able to articulate this in court? You're harassing me. So? Citizens have been targeted. So, >> It's not okay. So, it's perfectly okay for you and anybody else as a citizen to do things like that, put us in fear, but it's not okay >> You were in fear? >> Yeah. >> Fear of Look. Why do I wear this vest? >> I'm afraid you're about to violate my rights. >> Why do I wear this vest? Why do I wear a vest? >> You just swore an oath to protect the Constitution. >> Yes. >> Did you? Did you? Okay. Well, so did I. When I served in the military, so did I. >> So did I. >> So so So actually Does it matter? >> No, it doesn't matter. >> Does it matter? What unit were you in? >> I was here with the 11th Armored Cavalry Regiment. I also served in Berlin Brigade while the wall was up. I was here when the wall came down. >> That's beautiful. Man, I wish I bet the Germans wish they had the same rights as us. I This is Germany, you would already beat me down and take my ID card, huh? Okay. Are we done here? >> I saw police I do that and it it wasn't something I would >> We both know we're wasting each other's time here. >> Maybe. >> You have a good day, officer. >> You have a good day, too. >> Be safe. What was your name? I didn't get your name badge number. >> It's all right. >> No, you have to identify yourself. >> I have identified myself as a police officer, but I have not made any arrests. >> The law doesn't The law doesn't say The law doesn't Have a good day. >> Have a good day. >> Be safe. >> You, too. >> By the end of this encounter, the officers had demanded identification and spent several minutes trying to justify the detention. Yet, they ultimately walked away without an arrest, citation, or even the identification they were seeking. Despite repeatedly suggesting that the citizen's behavior was suspicious, they never clearly articulated a specific crime that he had committed, was committing, or was about to commit. The citizen correctly understood that simply being near a public building and potentially photographing it is not automatically a crime. A detention generally requires reasonable suspicion that criminal activity is involved. Based on the facts presented in the video, the officers struggled to explain that connection and repeatedly relied on assumptions rather than specific evidence. In the end, the citizen stood his ground, exercised his rights, and left the officers with nothing to show for the encounter except an investigation they could never fully justify.