[music] On July 4th, 2019, YouTuber and First Amendment auditor Christopher Beerstat was conducting a First Amendment audit on a public sidewalk outside of the Menota Lutheran Home in Menota, Illinois when he was contacted by Officer Holland of the Menota Police Department. The MPD had received a complaint from the residents of the Lutheran Home that Mr. Beerstat was trying to film the inside of the building from the outside. Come here. >> I'm getting complaints about you. Chris, come here. Why are you recording the nursing home? Chris, come here. I'm talking to you. Why are you recording the nursing home? You're upsetting the people who live here. Chris, stop walking. Stop. What is going on? Why are you recording the Chris? Stop. Why are you recording the nursing home? I'm speaking to you. I'm getting complaints about your actions. What is going on? >> Please let me go. >> No, I need to find out what's going on. You're upsetting the people who work here. >> So, stop. >> I'm going to go. >> I'm ordering you to stop. >> So, stop. >> I don't You work for me. I don't work for you. >> Well, I work for the public who called me here because of the actions. >> Did I do anything illegal? >> You're upsetting the people who live here. >> Did I do anything illegal? >> 27 from 156. Can you assist? You need to stop. Okay. >> I'm going to >> What is going on? And why >> is this illegal? >> I want to know what's going on because you're upsetting these people. I want to know what you're doing. >> Could I do anything illegal? >> I don't answer questions. Definitely not. >> Disorderly conduct. Chris, >> disorderly conduct. >> Arming and disturbing the people who are >> Am I allowed to photograph on the sidewalk or No. >> I'm trying to figure out what you're doing. >> Okay. >> Chris, >> look. >> I'm going to put you in handcuffs if you don't stop. >> You could put me in handcuffs. >> Okay, then stop. >> No, you could put me in handcuffs. This isn't illegal. >> Stop. >> This is not legal. This is >> What are you doing? >> This is not legal, >> Chris. >> This is not legal. I'm trying I'm going about my >> detaining you. >> I'm detaining you until I can find out what you're doing and why you're doing this. >> This is illegal. >> That's a Terry stop. >> I'm detaining you. >> That's a Terry stop. >> Put the phone down. >> That's a ter stop. >> As officer Holland places Mr. Beerstat into handcuffs. Sergeant Stewart arrives on the scene. >> Sergeant Stewart, I detain him because he's walking away from what's going on and recording people who are inside of the hall. >> Why are you recording him inside? will not give me that answer. He keeps running away from >> I'm definitely not answering questions to you guys, but >> Okay, I'll hold them. Go see if they'll sign a complaint for disorderly conduct. >> This fine. >> Why you being Can I not >> photograph on the sidewalk? >> They were They were They were concerned that you were photographing residents inside. >> No, there wasn't. >> You weren't. You just photograph them. >> All these vines are closed. Yeah. >> Along here. I don't know if they are not. >> Go look at them. Okay. All right. >> Why wouldn't you stop when she asked you to? >> Do I have to? >> Yes. >> Was I being detained? >> Yes. >> What crime was I suspected of committing? >> You really want to go that route? >> What? What crime was >> We're investigating somebody acting in a disorderly manner. How? >> You're video recording a nursing home and you were upsetting the res >> on the sidewalk. >> We didn't know that. Don't we have to talk about >> photography on the sidewalk? I have to answer questions to that. No, I don't. >> Wow. >> Do I? >> Where'd you get your law degree, man? >> Do I was videotaping from the sidewalk? This is a univer This is a whole This is a right >> I have no idea, man. You You won't cooperate with us to tell us what's going on. You're being asked to cooperate and the police officer's giving you a direct order and you're you won't stop >> because I don't have to cuz I didn't illegal. So, that's in your opinion, not ours. >> No. No, it's not. I did not do anything illegal in general. >> Okay. Only reason I came here and photographed was because I knew it was in within my rights. >> Okay, that's fine. I mean, if that's all you were doing, but if you're videotaping and taking pictures of people inside there, that's a different story. Or if you're going on their property acting in a disorderly manner, that's that's uh that's your problem to deal with. >> Officer Holland eventually returns with what appears to be a staff member of the facility and informs Mr. Beerstat that he is under arrest for disorderly conduct. Sergeant Stewart escorts Mr. Beerstat to the patrol car and then something amazing happens. >> So he's walking by videotaping the building. >> Video taping the building. He's like zooming in on the window the doors. >> I know >> it's not illegal to do that. >> I explain to them what's going on and they're like, "Oh my gosh." Okay. I I don't know what he's doing. >> Okay, but time out. That's not illegal to do that. >> Okay. >> So, he's not acting in a disorderly manner if he's on the sidewalk walking by videotaping the outside of the building. >> Okay. That's the problem we have. >> Yeah. And they were disturbed by his actions once they found out what was going on. >> But how are they? They're disturbed that he's walking on a sidewalk videotaping. >> They're concerned because they don't know his mental state. They don't know what he was doing. They And I told him I can't. >> Well, he wasn't. I mean, other than not obeying you, which is a no no, which I mean that is what it is. But as far as walking by with a video camera, I mean, I'm not that's that's not something that >> they bothered by the actions that he was doing. >> You could be bothered by a lot of things, Sam. >> After Sergeant Stewart intervenes, Officer Holland uncuffs Mr. Beerstead and after a calm conversation with the sergeant, he is released and the officers leave the scene without further incident. Officer Holland gets a C minus because although she may have been within her authority to detain Mr. Beerstat. She essentially admitted to soliciting a complaint from a staff member of the facility and fully intended on making an arrest. Sergeant Stewart gets an A+ for engaging with Mr. Beerstat in a challenging but cordial conversation and for questioning officer Holland's tactics and ordering her to release Mr. Beerstad. Mr. Beerstat gets a B+. Because while it could be argued that he was engaged in a constitutionally protected activity, Mr. Beerstat's decision to record a retirement facility raises serious ethical questions. On November 13th, 2013, the owner of the AM Free Inland Auditing Media Channel, who we will refer to as Mr. Free, traveled to the Northwest Mountain Regional Office for the Federal Aviation Administration in De Moine, Washington to perform an audit after receiving a tip from an individual who claimed to experience rude and combative federal employees when trying to file a Freedom of Information Act request. Mr. Free filmed the encounters that resulted from his audit. >> Can I help you, sir? >> Yeah. You're on federal property. >> Okay. >> What are you taking pictures of? >> Anybody, sir? >> Yeah, I make contact right now. >> Excuse me. >> Why are you worried about that? >> Because I do security. This is all federal property. You can't be on federal property unless you have an appointment. >> How confident of that are you? >> I'm pretty confident of that. >> Really? >> Yes, sir. >> Willing to make you a bet on that. >> Why are you on federal property? >> Why would I explain that to you? Because you're not supposed to be on federal property unless you have a reason to be on federal property. >> Really? >> Or you have a proper identification? Oh. >> So, are you asking for my identification? >> Yes, sir. Do you have any identification? >> I don't. >> That's fine. >> My name's Gandalf. >> That's fine. Can I walk you off federal property? I'm not trying to be rude. >> No, no, I appreciate it. Yeah. No. Uh, you know, I'm going to politely decline that request. >> I I have to ask you to leave otherwise I I totally understand you have to ask me. I'm sure that's probably in your policy manual or something, but >> it is. >> I'm going to deny the request politely. If you want to, you know, call maybe uh FPS. >> Oh, I know that. >> Probably want to give them a jingle. >> Call FPS. >> All right, great. Well, it will be hard to miss me. I am in a cleverly disguised orange and black mixed colored jacket. >> You You do blend in very [laughter] well today, sir. >> If you guys want to go be warm inside, I'll just be uh mosying around. I uh won't be very hard to find. Like I said, appreciate the company for a few minutes. >> Well, we'll keep an eye on you. >> All right. I'm going to make a quick bet with you guys, though, that even if they do by some chance show up that they'll leave before I do. >> They would be here. >> Yeah. I'm going to >> They're in route. >> I'm going to make a make a quick bet though. They're going to leave before I do. >> Any takers? I'm not a betting man. >> Not a betting man. >> Oh, yeah. Yeah. Yeah. >> Pardon me. >> Did you guys want to come in? I got to do some uh work inside. So Oh, hey. That was fast. That was fast. Is there a pro on site, by the way? H >> Is there a pro on site? You'll find out, sir. >> Okay. Well, well, well. How are you doing? >> Pretty good. How are you? >> What are you doing up here all the way? >> Going to be you. How are you? >> Pretty good. How about you? 1523. >> Pretty good. Pretty good. >> Or do you prefer? Do you just prefer Michael? >> It doesn't matter. Michael's fine. >> All the way up here. >> Actually, I am in the area getting ready to do some business uh at the uh FAA. Okay, >> that's about it. How about you? What brings you up here? You just literally >> So, the thing is >> up from Portland. >> No, no, no, no. [laughter] You You uh you caught me at a time last time when I was in Portland. I was just down there for a detail for a short time. So, this is actually where I'm stationed. >> Seriously? >> I mean, like I said, like I told you before, I'm not going to stop you from from >> Well, I know there's I mean, honestly, I know there I'm not going to get any problem with you, Michael. So, I'm with Inland Auditing Media. >> Okay. >> So, yeah. >> All right. Well, I mean, if you man to see, man. >> Yeah. No, that's great. How's uh 1414 doing? >> He's good. >> Did I catch him on a bad day? >> Uh no. I think you were his first uh first amendment auditor and I was letting him take it at first. Ain't nothing wrong with that. >> He's good. >> You know what? I think it helped I think things like this help uh police just to to be involved in something like this and and get to know exactly what we're supposed to do and stuff like that. So, >> that's one of the beautiful things. You can agree to disagree. You can have a polite uh you know, debate if you want. And it doesn't have to be ugly or anything. So, >> nope. What's the name of your channel again? >> Inland Auditing Media. >> Well, uh, like I said, you got business here. Well, I mean, you can >> I do. Yeah. Hey, really great to see you again, Michael Carlos. Yes, sir. Pleasure to meet you. >> Be safe. >> All right. >> You guys, too. >> So, I need to see if I can get a pro or I can go through. It's fine. But, um, I just need to get a foyer document if I could. That's fine. Yeah, we just need to see if we can get him uh what he needs. Yeah. >> Uh just go on the FA website. You're not coming in. Why not? >> Just go on the FA website. >> How come I'm not coming in? >> Cuz you're Who are you here to see? >> I'm here to do a Freedom Information Act. >> Who are you here to see though? >> Whoever the pro is. >> Public relations officer. >> See, here's the problem. They're here only here for appointments. >> So they're not Did you see our parking lot? How full it was? >> Far. So your people >> far I'm going to be I'm going to be real clear about this >> too far. >> He can come to the federal building and conduct business. >> There's no one here to see him. >> That's fine. So So all we have to do is let him know that, right? Give him a number, give him a contact, something like that. But there's nothing out here that says that this building's closed to appointments. >> I understand. >> So the building's not closed. So he can come into the federal facility. >> There's no one here to see them. >> So is there a public relations office here? >> No. >> Okay. >> Yes. But no, >> but they're not here. >> Correct. >> They're only here one year. I'll I'll change it up. >> We need to get the information. Who's the name of the PIO? >> Yeah, >> the information. >> Well, there's Bill Myer. I'm the security guy. >> I I need to get the PO's information. Name and contact. >> And also far, I am going to come inside. >> Good for you. >> So, let's get that process going. Okay. >> Why not? Are you denying me access to the building? >> Yeah. Who are you here to see? >> I'm not going to tell you that. Are you denying me access to the building? >> So, see, it's appointment only. It's escort only. >> Pardon? I'm going to make this real clear to you. Are you going to deny me access or not? >> Are what are you my dad? >> Are you denying me access or not? You're the security person. >> You need to figure it out for Are you going to process me or not? >> Let me get this straight. You're telling me what I need to do? >> Yeah, absolutely. >> Good for you. >> So, you going to Are you going to prevent me from going in or not? >> He needs to be processed. >> Perfect. Welcome to the FAA. >> Do you have a photo ID? >> No, I don't. >> Oh, >> I'm not going to show you ID. Do you have any weapons or explosives? >> No. >> This person is going to be able to give you the information you need. One of the executive managers here. >> Okay. >> I've dealt with her. She's very nice. So, she'll be able to point you in the right direction for FAA who the PAO is how to do a foyer request. >> Yeah. Go ahead and sign it for me. >> Yeah, you bet. >> If you have uh something, write your information down. I'll give it to you. The same applies for any federal facilities, public spaces. >> This is the executive manager here for FA. She'll be able to give you the information on how to >> get a fully request for FA. >> I really appreciate that, Michael. >> No problem. Again, I hope you have a good rest of your day. >> Yeah, you too, man. >> Yeah. Thanks. >> Where you going? >> Over there. >> No, you're not. Why? >> This is a lobby. >> Yeah, he he can go over there. It's >> No, he can't. >> It's not unrestricted area. >> It is. It is a restricted area. >> It's not restricted. >> Well, this is that it's restricted. >> Show me a restricted sign. Show me an employees only sign. >> Everywhere you go, you have to be escorted. Every visitor has to be escorted in this building. >> Where? >> In restricted space. >> No, in all spaces. >> Restricted spaces. >> I'm telling you, I I'll have like the president here. He can't even go back. >> Hey, Far, watch me. I'm going to walk over there. You can go over there >> and you're not going to do anything about it >> because you have these guys right here stopping. >> Whoa. Far. Think about what you're saying, dude. >> They're federal law enforcement officers that actually know what they're talking about. You need to stay in your lane. >> You really do. Spark. >> You got to point at me. I will point at you. What are you going to do about it? >> You can point all you want. Spark. >> You got to You got to cut it out at this point, man. I'm telling you right now on a contract standpoint, you got to stop. Go to the loading dock. Whatever you need to do. You need to go on a patrol, but you can't be here. Okay. >> All right. >> Go. >> I'll walk with you. >> Hey guys, thank you for standing up for my liberty. Seriously, I really mean it. >> Thanks. >> My primary reason for being here today is I had heard and it appears to be the case. I received a tip in a lead that somebody came here to in fact seek assistance with a foyer regarding the FAA and they were turned away and treated poorly. I'm guessing based on FAR's response that's probably who it was. I didn't get a name or anything. >> I can't I can't speak to that. >> Yeah. No, I I'm sure you can't. I mean, I >> I'm going to take this real quick. You bet. >> I'll leave you with these guys. >> Be safe, guys. Have a good day. >> Wow. Wa. That was insane. >> After he completed his audit, Mr. Free left the FAA building and shared the interaction on his YouTube channel a few days later. Mr. Free did not indicate whether he filed a complaint or intended to pursue any legal action, but he did suggest that the viewers contact FPS to give their opinions on Officer Michael and Officer Carlos. Security Officer Farre gets an F for maintaining a hostile and authoritarian demeanor throughout the encounter, attempting to interfere with Mr. Free's First Amendment rights and demonstrating contempt for Officer Michael and Officer Carlos's authority as FPS officers. Officer Michael and Officer Carlos get an A+ for demonstrating a friendly and professional demeanor throughout the encounter, strongly advocating for Mr. Free's right to film and ensuring that security officer Far complied with his obligations as a public servant. Mr. Free also gets an A+ for asserting his rights in a respectful manner, engaging in friendly and productive conversation with both the security officers and the FPS officers, and giving credit to Officer Michael and Officer Carlos for their exceptional performance in this situation. On January 4th, 2019, the owner of the Police State New Jersey YouTube channel, who we will refer to as Mr. State, was filming outside the Richard C. Clement Law Enforcement Center in Tom's River, New Jersey when he was approached by Officer Frank Moscella of the Toms River Police Department, who began to question Mr. State about what he was doing. It should be noted that all of the text that you will see appear on screen is from the original video. >> How's it going? >> Good. How we doing? >> Taking some pictures. >> Working on a story for the township. >> You're working on a story for the township? >> Well, about the township for for me. >> For you? Yes. >> What are you making? A documentary? Um, it's a news story. >> A new story? >> Yeah. You have ID? >> I always have ID. >> Okay. Can you provide that? >> No. >> You can do whatever you want, but as far as uh I just need to identify who you are. >> No, you don't. >> Yeah, I do. >> No, you don't. >> I do, sir. >> No, you don't. >> Yes, I do. >> And what law is that? >> Well, it came in as a suspicious person. Anytime we investigate as to >> somebody calling in about suspicious, we need to at least identify who it is we spoke to. You're not in trouble in any way, shape, or form. >> Okay, then I don't need to give ID. >> Well, you do. What law is that? >> To know who you are. >> What law is that? >> I'm investigating a crime. It's actually called obstruction if you fail to provide documentation. No sir. >> Quote that statute. Obstruction. Apparently, you don't >> sir. Look, I'm not looking. >> I have to commit an unlawful act and prevent you from performing your unlawful duty to be in violation of obstruction. >> Apparently, right now. >> So, what's the unlawful act? >> Right now, it's this came in as a suspicious >> Okay. And and what statute is is suspicious? It >> has nothing to do with it. Yes, it does. to determine what's going on. >> So, all I'm taking pictures who you are. >> You're telling me you're doing something. >> That's fine. But I need to verify who you are. >> So, in the event that something turns into something, I at least can say, "All right, I went out and I spoke with this person." You're making this more difficult than it needs to be. >> No, you are. >> Not really. >> You can come out and say, "Good morning, sir. How you doing? Taking pictures. Enjoying your first amendment right to take pictures in public." >> What was the first thing that I said to you today? >> What are you doing? >> I said no. I said, "How are you, sir?" >> Okay. How are you? >> Did I not say that to you? >> You did. >> So, you just asked me what did I do? And I already told you what I said. I said, "How are you?" And I said, "What are we doing?" And you told me what you're doing. I said, "That's fine." And I explained to you why I need documentation from you just to verify who you are. >> Okay. But you don't need to verify who I am. >> I unfortunately do. >> No, I have the right to privacy in public. >> You do to a certain degree. >> Yeah. And this is within that degree. >> Yes. But but again, if we're investigating it for suspicious because somebody called it in, it's not like we just >> It doesn't matter if somebody called it in. >> Yes, it does. >> Okay. So, if you're outside on your property mowing your lawn and somebody says you're suspicious and the police come by, you have to give them your ID >> to verify that you live there. Yeah. >> No, you don't. It's your property. >> Well, you're entitled to think whatever you want. >> I'm entitled to follow the law, >> which is Okay. And again, I'm if we're investigating this because somebody called in as a suspicious person. We just need to verify who you are and identify who you are. >> And what what statute is suspicious? What law am I breaking? >> Sir, I'm again, I'm not I already went over this with you. I don't need to go >> and you haven't justified yourself yet. I >> I do. And listen again, if you fail to provide your documentation, you can be placed under arrest for obstruction. >> You think so? >> Oh, I know. So, so I'm going to ask you again. Can you please provide your documentation? Otherwise, you are going to be placed under arrest for obstruction. >> I do not have identification on me. >> Well, so then you lied to me because when I first asked you if you had identification on you, you told me yes, I do. >> Well, I have fingerprints and retinas. >> No, that's that's incorrect. I asked you, do you have documentation? Do you have identification? You can go back into your video recorder and you can verify. >> You have ID? I always have ID. >> Okay. Can you provide that? >> No. >> Okay. So, who are you then? >> Because we're going to have to verify who you are. And here's the other problem. Now, you lied to me. So, now I have a concern as to whether you're being truthful and honest with me. Do you understand? >> Okay. Well, you're not being truthful and honest with me because you haven't quoted a law yet. I'm required to show you I did. >> I already explained to you what I need to supervisor if you fail to. There's actually a supervisor right there. Okay? And I don't need to have a supervisor anyway because I asked you for who you are. Well, I'm asking for a supervisor who you are and I told I did not lie about who I am. explain to you what happens if you fail to provide documentation. Now, if I find out you're lying to me, now you could be charged with hindering >> giving failed documentation. >> No, >> you have two right. What's going on? >> So, what is your name and what is your information? I'm >> not answering any questions. Personal information. >> Okay. Well, then you're going to be placed under arrest for obstruction. >> What law is that? Sergeant, >> he doesn't need to explain it to you. >> Well, he does actually. He actually does. >> Just hold on a second. >> So, let's find out. >> Can I just ask you what you're doing here? >> Yes, sir. I'm in public taking pictures of a public building expressing my first amendment right to freedom of press. I'm here to actually file a complaint. >> Okay. You have that right. You have all those rights. You just you just >> Thank you. Well, he appears to tell me that I don't. >> Now, just just so you know, there are areas of this building that are posted off limits. >> Yep. Like the back of that parking lot there says restricted. Can't go back there. >> Those areas or or video those areas. Other than that, if you want to walk around with your camera, you can walk around with your camera. >> And I don't need to show ID to do that. >> You don't have to show ID right now. No, sir. >> All right, sir. How's that? >> That's incorrect actually in that respect. >> Oh, is it? Is it? So your sergeant's wrong. So your sergeant's wrong. So your argument here. >> So we're all >> I was just threatened with arrest for not providing identification. It's a violation of Fourth Amendment. >> All right, sir. But now we're clear on what's going on. Right. >> Is he? >> Are we all clear? >> Is he clear? Cuz I'm clear and you're clear. >> Everybody here is clear, sir. >> Very good, sir. Thank you. >> Continue what you're doing. >> I appreciate your help. All right. You have a good day. You too. All right. Thank you very much, guys. >> Thank you. >> All right. >> Have a nice day, officer. You too, sir. Hope you learned something today. >> After Sergeant Ruiz allowed Mr. State to leave, he continued to film for several minutes before returning and asking Officer Moscella for his name and badge number. Officer Moskeella refused to provide this information, but Sergeant Ruiz quickly stepped in to provide identifying information for Officer Moscella and himself. On January 8th, 2019, Tom's River Police Chief Mitch Little addressed the incident on the department's Facebook page, stating that, quote, "The matter is being investigated and addressed, as any other incidents that have come to our attention. Any actions by members of this department found to be against law or policy will be corrected. It is unclear what the results of the investigation were and whether any disciplinary action was taken against Officer Moskeella. Officer Moscella gets an F for misrepresenting New Jerseys identification laws, baselessly accusing Mr. state of violating multiple irrelevant statutes and for displaying a fundamental misunderstanding of reasonable suspicion and the first amendment. Mr. State gets an A for remaining calm and collected throughout the interaction, demonstrating a thorough understanding of the relevant New Jersey statutes and the concept of reasonable suspicion and for challenging officer Moscella's conduct without becoming rude or vulgar. On January 14th, 2021, an unidentified Harnet County resident reported her dirt bike as stolen to the Fuqua Vina Police Department in North Carolina. 16 days later, the resident contacted a seller through Facebook who she believed was in possession of her stolen bike. The resident and her boyfriend arranged to meet with the seller to verify that it was the bike that had been stolen from her and were able to positively identify the bike through its vehicle identification number. The resident then contacted the Fugquway Arena police and informed them that she had located her bike and gave a brief description of the seller along with his name, Malcolm Ziggler. Two officers were then dispatched to Mr. Ziggler's home to investigate a possible case of felony possession of stolen property. >> Okay. What's your name? >> Malcolm. >> Malcolm. What's your last name? Malcolm Ziggler. >> Yeah. >> Okay. You got your ID on you? >> No, I do not. >> Okay. >> But that wasn't us riding. We haven't run at all this week. >> Where do you Where do you stay? You stay here? >> Yeah. >> Okay. Okay. I haven't read it off today. He could have just came by here. >> Who's that guy? Who's that guy running down the street? >> That's his friend. They say somewhere up there. >> Okay. Do me a favor, man. Go and put your hands back for me. Okay. >> Can I get the bill of sale and show you that I bought it? >> Yeah. Yeah. We'll get all that taken care of, man. But what I what I need to do, just hang tight for me right here. Okay. >> Oh my gosh. What did I do? >> Just hang tight for me right here. Okay. >> The officer leads Mr. Ziggler to his patrol vehicle and searches him. During the search, Mr. Mr. Ziggler informs the officer that he is a minor and the officer decides to place Mr. Ziggler into his patrol vehicle while another officer makes contact with Mr. Ziggler's father in an attempt to locate the bill of sale. During the search, the officer broadcasts a code 1095 to dispatch, which is widely accepted to mean that an officer has a subject in custody with the intention to perform a formal arrest. >> Well, I'm going to work on getting you out of there soon. Okay? Just keep cooperating with me. I appreciate it >> and we'll we'll get everything squared away before. I don't >> I can try to find this building. So, I have And and I'm not saying that you stole it. Right now, what we've got is we just got a stolen motor vehicle. Um we're not saying that you stole the vehicle. Okay. I'm not saying that at all. Okay. Yes, sir. >> But it still is a crime to be in possession of a stolen motor vehicle. So he your dad he's talking with your dad right now. Um >> I can tell you I can show you if you can go I can you can go on my phone. I can show you exactly what I bought from. >> Okay. >> Hey, how you doing, sir? Hey. Um >> Dad, I need that sale. reason all this is going down. Um, that vehicle's been a stolen international crime information center. Do you have the bill of sale by any chance, sir? >> I don't I don't know where it is. It's either in my room or in the garage. You got to tell me where it is. >> I saw y'all sign it, but what did you >> um, >> what is the guy's name that sell you the bike? I >> think it's like Tony or something. If you go on my phone, you look at Facebook profile. >> Okay. Well, I can tell you where the bill is. >> Go on the calendar. See if it's on there. >> What kind? >> Inside the kitchen. The first one that has all where you put the mail at. >> Mr. Ziggler's father and one of the officers go back to the house and begin searching through various bills of sale to locate the one associated with the transaction involving this particular bike. While Mr. Ziggler's father is searching for the correct bill of sale, two of the responding officers discuss the legitimacy of Mr. Ziggler's detainment. Hey, >> is he detaining your 1095? From what I heard, 1095 and that was before I even verified the VIN. >> Okay. But >> that's why the first thing I asked. >> That's that's what I now I'm not 100% certain, but I believe I heard 109 I heard essentially 1095 before I was even able to verify the van. >> Upon clarifying whether Mr. Ziggler had been detained or arrested, one of the officers confronted the initial officer about his decision to handcuff Mr. Ziggler. >> Hey, is he detained or is he detained right now? cuz he is. >> He did not. >> He's 14. >> He's 14. >> Yes. >> Okay. >> So, I already explained to him he's detained right now. I told him that. >> So, why is he detained? >> Because that's a stolen motor vehicle. >> Okay. So, >> I mean, Diggs verified the VIN number, right? >> Did you Is that before all that that you verified before you? >> I I detained him and then I asked if he was 1095 or detained. >> He's detained. >> Okay. So obviously he's a juvenile, right? >> Yeah. >> You're not charging him with larseny of a >> Nope. >> Okay. Cuz obviously that didn't happen. >> So worst you have is what? >> Possession of someone on our vehicle, >> which is you going to think you get secure custody and all that? >> Probably not. >> A petition. >> All right. 14. Me personally, he ain't going nowhere. You here with what? Dad. >> Mhm. >> Ain't no sense have sitting in the car with handcuffs on. We're you ain't if he was 18 and you might be taking him to jail for possession stolen property >> different but we ain't you ain't going to take him jail right it's going to be a petition >> Mhm. I'll go ahead and take him out. Um question for you. Um so supposedly I know they're working on getting the bill right now. >> I haven't asked him any questions but he's been running his mouth. He said that he got it from some guy off in Lington. Okay. My whole thing is I know legally he can still be charged. >> Um >> if he's got a bill as hell, me personally. >> Yeah. >> I have grown up racing dirt bikes, buying four-wheelers. I got three four-wheelers at the house now. >> Yeah. >> I've never once had one run until I was a cop. >> Yep. If basically what you're saying is if he has a bill of sale, you wouldn't end up filing the petition. >> No, but I have him, you know, talk to Lake County and he got it from what? >> Hey, where all do you think that bill? >> Sure. You can step out. We're going to take the handcuffs off. >> Yeah. The officer [snorts] removes the handcuffs and Mr. Ziggler is allowed to enter his home where he was able to locate the bill of sale for the dirt bike. The officer explained to Mr. Ziggler and his father that as victims of a crime, they are entitled to restitution for the loss of their funds through the purchasing of an item that they were not aware was stolen. And after the owners of the dirt bike retrieved their property, the officers left the scene without filing any charges against Mr. Ziggler. Over a month later, the Fugqua Vena Police Department released the full body camera footage from all of the officers involved in the encounter. And Mr. Mr. Ziggler's parents held a press conference regarding the incident on March 1st. In the press conference, Mr. Ziggler's parents called for police reform and training and suggested that race played a major role in this encounter and went on to assert that their son had been arrested, not detained. In a response to the controversy, Fuqua Arena Mayor John Burn called for the community to move forward from this encounter and declared that the officer's actions were standard procedure and not motivated by race in any way. At the time of writing this episode, it is unclear whether the Ziggler family will be pursuing legal action. The initial responding officer gets an F for detaining Mr. Ziggler before obtaining any substantiating evidence, exercising poor discretion by signaling an arrest to his fellow officers rather than a detainment, and for failing to consider the practical implications of his discretionary decision-making and authority. The confronting officer gets an A+ for considering the realworld implications of his fellow officer's actions, challenging the officer on the merits of his conduct and ensuring that Mr. Ziggler did not face any unnecessary or unwarranted charges. As for Mr. Ziggler, I cannot rightfully offer a grade to his conduct because he was a minor at the time of this interaction and it is unreasonable to judge his actions on a scale that is representative of the decisions made by fully developed adults. In the early morning hours of January 2nd, 2018, Officer Cheryl Dickerson of the Roswell Police Department in Roswell, Georgia, noticed a golf cart driving down Highway 9 through the middle of town. Officer Dickerson initiates a traffic stop on the golf cart and discovers a young man behind the wheel. >> You're driving around in your mom's vehicle. >> Yeah, I asked her if I could borrow it. She works at the uh Roswell. >> At the Roswell, what? >> Up there. So, yeah, I asked her if I could borrow it for a few minutes. And she said, "Yeah, just be safe." And >> Okay. You understand that you cannot drive a golf cart down the road the >> roadway? I really didn't understand that. So, >> how old are you? >> I'm 13. >> You're 13? >> Is that wrong? >> Yeah. It's pretty bad. Like a car could slam into the back of you not realizing you're >> Would you like to drive? >> Well, hold on. What do you have ID on you or anything like that? What are you doing out here at 13 years old? >> Going to Starbucks. >> You're going to Starbucks? Where does your mom work? >> She works up in Roswell. I'm just >> at Roswell. What? >> Like down there in Roswell. >> Where does she work? What's the name of the business? >> Two apartments. The Roswell Apartments. She like his manager over there. >> Okay. >> Officer Dickerson spends several minutes questioning the young man about where he got the golf cart and attempting to locate his mother. The teen changes his story several times throughout the questioning, and Officer Dickerson is unable to get any legitimate information out of him. Eventually, Sergeant Daniel Elie arrives on the scene and decides to employ some questionable tactics. >> He's seat belted in. >> Hey, man. >> Your mother's name, your mother's phone number, and the address where you live. You understand that? Think on it. Oh, >> sorry. A little you think for a few minutes about where you live and I'll be back with you in a minute. >> Sergeant LZ gets into Officer Dickerson's patrol car and turns the heater off and rolls down the windows while the teen is still handcuffed in the back seat. It has been reported that the temperature in Roswell was somewhere between 12 to 18° on the night of this interaction. Officer Dixon, you can come cop in my uh passenger seat for a few minutes. >> Okay. >> Yeah. He ain't going to say anything if it's warm. >> If what >> said he ain't going to say anything if you sit back there in the back seat and it's warm. >> Oh. >> So he can sit over there and be cold. >> Okay. >> That's why I rolled your windows down. Oh, >> that's fine. A few minutes to think about it. >> Should I call 85 for the golf cart? >> Yeah. Okay. Let him get a little chill. >> Maybe that'll >> All right, partner. What's your name? >> It's all right. Getting cold yet? You can take it. Cool. So can I because I've got heat in this car. So here's where we're at. with the Roswell Police Department. Look at me when I'm speaking to you. My name is Sergeant Elie with the Roswell Police Department. Okay. You can't be driving a golf cart in the streets. You understand that, right? I'm pretty sure that's not your golf cart. Is that fair to assume? >> Where did you get the golf cart from? What school? >> Yeah, I can see your breath. It's pretty cold back there. Keep telling me. >> Speaking of, what's mom's name? >> You don't know mom's phone number. All right. Well, I'll tell you what. I'm going to I'm going to drive to this address you gave me. You live in Al to this address. You got to hang tight right here since you can't remember mom's phone number. And if I can make contact with mom, then we'll get some heat going. >> He's freezing him out. >> He's about to drive to the address that he gave in. We'll turn the heat on in the car. >> Cold out there. It's chilly chilly. >> Signal 18 for a wrongway driver. >> Oh man. >> Cincinnati. >> Is it cold in the car? You're asking? >> Yeah, it's freezing in there. >> Well, he's got all the windows rolled down and the heat off. >> After the young man had sat in the freezing patrol car for nearly 20 minutes, Sergeant Greg Fryson arrives on the scene, pulls Sergeant Elie aside, and informs him that his conduct is not acceptable. Promptly after his discussion with Sergeant Fryzen, Sergeant Elie returns to Officer Dickerson's patrol car and rolls the windows back up and turns on the heater. >> Huh? Stay over here. Are they having some super secret? We're going to be on our way. Okay, we'll see you. Eventually, the teen told the officers where he lived, and the officers took him home and released him into his mother's custody. The officers towed the golf cart, but were never able to locate its owner. Several months after the incident, a memo was leaked revealing that a fellow Roswell officer raised questions about Sergeant- El's conduct in March of 2018. But internal documents acquired by the 11 Alive news team revealed that Sergeant Elie was never punished following the incident, despite the fact that Lieutenant Bernie Holland, who was Sergeant Elie's supervisor, reviewed the body camera footage shortly after the incident took place. In fact, Sergeant- El was awarded supervisor of the year in April of 2018. And although the award was for 2017, the internal awards committee made its decision in late January of 2018, just weeks after this encounter. The documents obtained by the 11 Alive news team also revealed that Roswell PD supervisors scored Sergeant Elie higher than Sergeant Fry on their annual review while acknowledging that Sergeant Fry correctly intervened in Sergeant- El's act of misconduct. No official investigation was launched into Sergeant- El's conduct until the 11 Alive team requested the body cam footage of the incident 7 months after it occurred. Roswell Police Chief Rusty Grant initially requested the Georgia Bureau of Investigations take over the investigation, but the GBI refused to take the case and recommended that the Fulton County District Attorney carry out the investigation. Sergeant Elie has been placed on administrative leave pending the results of the ongoing investigation. Sergeant Elie gets an F for his unethical and potentially illegal tactics and abusing his police authority and supervisory powers. There is simply no excuse for Sergeant- El's conduct. Sergeant Fryson and the 11 Alive news team both get an A+ because without their intervention, it is very likely that Sergeant Elsie would still be patrolling the streets of Roswell and abusing his authority with impunity. The original two-part series posted on December 31st, 2016, YouTuber and First Amendment auditor Philip Turner was filming a traffic stop just off of Interstate 35 in New Bron Falls, Texas when he was contacted by Deputy Cameron Chel of the Komal County Sheriff's Office. Go back over here for me. All right. >> What's that? >> Can you go stand back over where you were for me, sir? >> There's something wrong with being here. >> Yes, sir. There is. >> What's that? >> I don't I don't want you to be in direct line with that vehicle. I'd like for you to go back to where you were standing. You can continue filming all you'd like, but I I don't want you right here. >> Am I interfering? >> Uh, well, technically now you're starting to pose into somebody else's private property >> with your with your video videoing. Yes, sir. >> Hey, did they give you permission to film inside their truck? >> I don't need permission on public >> in somebody's vehicle. I don't need permission on the public. >> No, not to film us. You're correct. But to film inside somebody's vehicle, that's an extension of their house and that is a private place. So, you do need somebody's permission to film inside their vehicle. >> But is that a crime? >> Do you have Do you have your information? Your driver's license? >> What's that? >> Do you have your driver's license or named entrance? >> For what? >> Cuz now you're a witness to this crime that we're doing. >> What crime is that? >> Crime that we got these people in the back of these cars for. >> I don't know what crime they committed. >> You don't have to know. Okay. They broke the law. while they're in possession of narcotics. That's why they're in the back of our cars. So, do you have your name and date of birth? >> No. >> Or driver's license? >> No. >> So, you're going to refuse to be listed as a witness since you're you sat here and videotaped the entire scene? >> If you need a copy of the video, I can give you a copy of the video. >> Well, yeah, but we're also going to need to identify you in our report that you were here videoing. So, when we come to get a copy of that video, we can get that. >> All right. Let me talk to your supervisor. >> He said that he won't want to give us our name, his name, or date of birth until he talks to our supervisor. So, >> and you're probably going to end up going to jail cuz right now you're witnessing a crime. >> Well, I asked to talk to a supervisor. He's here. So why can't I speak with him? >> Because you're refusing to give your information. You'll be going to jail for failure to identify as you're a witness to a crime. >> So I need to give you my So I need to give you my ID to speak to your supervisor. Is that what you're telling me? >> No. >> Okay. I need to speak to your supervisor. >> Why do you need to speak to the supervisor? >> Because I requested that >> because I requested to speak to him and he's here. >> Okay. So what's your point? >> He's here. I need to speak with him. >> He's got you've got no part of the scene, right? But you want to speak to our supervisor? >> You can you can speak to him. >> Okay. >> Yeah. But you'll be in handcuffs. It'll be at the jail. >> Is that what you want to do? >> I need to speak to your supervisor. >> Is that what you want to do? >> I need to speak to your supervisor. >> Why aren't you understanding? You put yourself in this situation right here. You see that? You're on >> property. Private right now >> or public? >> You're on private property right now. >> Okay. What does that What does that have to do with the thing? >> Do you have permission to be here? >> Did the owner trespass me? >> Well, he actually this guy >> he didn't want you here. >> This guy actually did come over and tell us he wanted you to leave. >> After the deputies informed Mr. Turner that the owner of the property has requested that he leave. The deputies then retrieve the camping world manager to deliver the message in person after awkwardly telling Mr. Turner to leave. The camping world manager steps back while Mr. Turner and the sergeant have a discussion. >> So, what's up? >> All right. So, I can get you a business card. >> Yeah. >> Um, but this is what I do. I film what public officials do on public property. I'm a journalist. I got a content for stories. >> That's good. >> Um, but this officer here was telling me that I had to move back over there. I couldn't stand over there. And I was asking him why. He told me that I I wasn't allowed to film inside the vehicle here. >> I mean, that's that's how that's their privacy, too. We got to get their consent to go in. So, what makes it any different for you? >> Well, that's to go in, >> but I'm not going in. I'm just I'm just observing. That's kind of like equivalent to this is his property, but I can't film it because it's on his property. You know, you see what I'm saying? It doesn't make sense and it's not against the law. >> Okay. >> So, he needs to get educated on that because that's clearly not the case. Okay. Now, >> am I currently being detained here or am I free to go? >> You're free to go, man. I'm here. I came all the way from Ketify. >> You need to identify me? >> Yes sir, I did four >> because you're witness to a crime and you sat here and recorded the whole crime. >> I don't know what crime was committed. >> I told you. >> I didn't see you. >> You said that you still wouldn't identify yourself until you spoke to a sergeant. Now, you spoke to the sergeant. So, I need to get your name and date of birth. >> I can give you a copy of the vehicle. I can give you a copy of the video. >> I don't need a copy of your business card identifying information so I can list you >> as a witness. Yeah. >> Right now you're feling ID as a witness to a crime >> because hey, what's your first name? >> I'll give you my first name. It's Phillip. >> Phillip. >> I'll give you that. >> Best case scenario, let's say that female and that male says that we did something against the law. Eight cops. Eight cops against one one person, right? So, you know who I would want? I would want the guy who's not even involved in this to be my witness. That's what we're trying to explain to you. >> So, he has a witness. You're you're part of a you're part of it's you're part of any type of information that anybody that comes we're going to have to ID him because he's in our cameras now. >> I already got his business card. He already identified himself. >> So he gave his name and date of birth and all that stuff. >> I've got it all ready. >> I said I can go get a business card, too. I I said that. >> Well, that's fine. But here's the thing. You can't leave until we identify you. >> Like I said, I already told you I'm a journalist. I gather content for stores. That's it. >> We have no problem with that, man. We just don't like the space. And that's what I told you earlier. I didn't have a problem video. >> No, I'm sorry. Am I free to go or am I being taken until you give your name? >> Initially, the sergeant attempts to justify the actions of his deputies, and Mr. Turner was not given the opportunity to engage with the sergeant because their conversation was being interrupted by phone calls. In between each call, the deputies would try to convince Mr. Turner to identify himself, but eventually the sergeant hung up the phone long enough to have a conversation with Mr. Turner. >> Fire up in your face, then you know, >> you need anything from him. You good? >> I'm good. Do you want to make the door real quick? Okay. >> Can you try and identify for us? >> Yeah. Let's go here. I like there's no reason to argue. >> You're not doing anything wrong. And uh but here's the deal. They got to point there. I mean, there's you're worst case scenario is that your camera will be a part of evidence. But we're not going to go there because I have a camera. I have plenty of cameras going. So, I don't need your camera. Now, if something were to happen to where we get into a shooting or something or a fight and somebody gets hurt, then you know what? I'm taking your camera cuz that's so you got to be careful with that in a lot in the future. Okay. When you're doing this because >> but on that one I I I'll tell you there was a shooting on Sixth Street that happened not too long ago and I helped aid it them catching the shooting. >> And I have no problem with that. No, no, no. But that but that's what that's what it's called. >> It's not it's not that I want your camera because I want you to stop doing this. It's just that man you you would be surprised how much what how many angles we need nowadays. >> I understand that. >> After speaking with Mr. Turner. The sergeant realized that he was not a threat and was within his rights to film the traffic stop. The sergeant allowed Mr. Turner to go free without identifying himself, but Mr. Turner offered to exchange business cards, and the sergeant obliged. In a video posted 4 days later, Mr. Turner visited the Komal County Sheriff's Office to file a formal complaint against the officers and file a public records request for the body camera footage. Although the clerk working at the front desk was rude, the officers were relatively cordial. While Mr. Turner filled out the necessary paperwork and the complaint was submitted without issue. It is unclear whether Mr. Turner sued the department or the deputies, but I suspect that filing a formal complaint was as far as he intended to go. The Komal County Sheriff's deputies get an F for displaying a fundamental misunderstanding of the First Amendment, misrepresenting the authority of code 38.02, and maintaining a hostile and condescending demeanor throughout the interaction. Sergeant Montanz gets an A minus because although he initially attempted to validate the conduct of the deputies and was operating under certain misconceptions about the law, the sergeant engaged in a productive dialogue with Mr. Turner, realized that he was within his rights and allowed Mr. Turner to go free without being forced to identify himself. Mr. Turner gets an A+ for remaining calm and collected throughout the entirety of the interaction, displaying a thorough understanding of the relevant laws at play, and following up this interaction with the proper means of complaint. Sometime around May 17th, 2020, podcaster and First Amendment auditor John Mitchell was filming the outside of the St. Louis Park Police Department in St. Louis Park, Minnesota, when he was contacted by Officer Todd Hines of the SLPPD. >> Hello. >> What's going on? Not much. Just walking around. >> Videotaping the police department's not a good idea. >> Why? You guys are friendly people. >> We are. But why are we doing this? >> Why wouldn't we? >> Cuz it's a security issue for us. >> Is it? >> It is. >> I don't think so. >> It is. >> It's public property. >> It is public property. But when you start recording our perimeter and our gates and what our activities are, it's it's a concern to us. >> I've only been here for about 15 minutes. >> Right. We had officers that drove by and saw you pulling out of here, walking out of here, and said that you were recording them as they left. >> I did? >> Yeah. And that's an issue. Why are we doing that? >> I don't have to have a reason. >> You don't have a reason. >> I don't have to have one. >> Okay. Do you have a driver's license? I can see. >> I don't. >> What is your name? >> I'm not going to give that to you. >> You're not going to give it to me? >> No. Why would I give it to you? I haven't done anything wrong. >> Well, you're recording our property. You're recording our building. >> Sure. >> And it's a security issue for us. >> Am I being detained? >> You are. Okay. >> Until I can get you identified reasonable particular something that's a problem for our law enforcement community. >> So in order to detain somebody, you have to have a law that you're investigating. Correct. So which law are you what what law do you suspect me of breaking? >> Are you looking to create a problem here for us or >> No, not at all. I'm being polite and cordial. >> I'm being polite and cordial, too. So I'm asking the universe so we can identify you. >> I don't need to. >> And be on our way. >> Why would I need to identify myself? >> Cuz I'm asking you to identify yourself. >> What's your name and badge number? My name is Todd Hines. My badge number is 200. >> Okay. Your name and badge number. >> I'm recording you just like you're recording this. >> Yeah. 262. >> Okay. Good. >> So, >> okay. Well, I mean, I'd like to be on my way to go. >> I mean, you have to have refusing to identify yourself. >> Well, there's no need to. >> 39:16. Can we get >> Are you a supervisor? >> Okay. You just called for a supervisor. >> I did. >> Very good. Thank you. I appreciate that. Yeah, you bet. >> Okay. >> I'm not I don't have any ill will. I'm not here to hurt anybody. I'm not >> wrong with identifying yourself. >> I don't need to. >> You don't need to. >> No, it's my right to not. >> Oh, so you're looking to create problems is what you're doing. >> No, you're just accusing me of that. >> Absolutely. Cuz you're refusing to identify yourself. >> That's not against the law. >> It's obstructing legal process if we have a reason to ask you. >> What's your reason? I've asked >> Identify you. I just told you. >> No, no, but I asked you. You're recording our property. >> I have to identify myself. Correct. And I have to identify myself. >> If you have refusing >> a reasonable articulable suspicion. And what is that? >> You're looking to create problems is what you're doing. >> Is that what I'm doing by just filming and exercising my first amendment right? >> That is my opinion. Yes. >> Okay. Well, the good thing is the law doesn't go off your opinion. >> But it does when you're obstructing our requests. >> You can't you you can request, right? But it's not a lawful order. >> It is a lawful order at this point. >> If you if >> and as soon as my sergeant gets up, he's going to tell you the same thing. >> Okay. >> Okay. >> This gentleman's got a first amendment right. He says to videotape our activities around the police department and is refusing to identify himself so that we know who we're dealing with. >> Okay. You don't want to identify yourself with >> Well, I don't need to. He said he doesn't suspect me of a crime or anything and I'm just >> I'm just asking. >> No, but no, sir, I don't. >> Just asking. Okay, we're good. Let's go. >> Okay. Have a nice >> My name's John, by the way. >> Thanks. Take care, guys. >> Cooperation American. >> What's that? >> Thank >> Sergeant. What was your uh name and badge number? Target dat number 239. >> Thank you, sir. You have a good day. >> The St. Louis Park officers left the scene and Mr. Mitchell returned to his vehicle without further incident. Following the encounter, Mr. Mitchell told me that he decided not to file a complaint against Officer Hines, but did call the department approximately one week after the incident and was assured that the sergeant would be addressing the issue with his officers. Officer Hines gets a C minus for detaining Mr. Mitchell for exercising a constitutionally protected activity, accusing Mr. Mitchell of nefarious conduct with no legitimate evidence, and maintaining a hostile and condescending demeanor throughout the interaction. Mr. Mitchell gets an A for maintaining a calm and collected demeanor throughout the interaction, challenging the legitimacy of Officer Hines's assertions and exercising his constitutionally protected rights in a legitimate and professional way. Sergeant Natam gets an A+ for assessing the situation with a measure of objectivity, accurately concluding that Mr. Mitchell's conduct was legal, and allowing Mr. Mitchell to go free without further incident. On July 26th, 2021, Officer David Lance Dukes of the Orangeberg Department of Public Safety responded to a call regarding a man banging on a townhouse door, allegedly with a gun in his waistband. When he arrived on the scene, Officer Dukes immediately drew his gun and ordered 58-year-old disabled man Clarence Galeyard and his cousin Mario Julian, who were standing in the parking lot outside the townhouse to the ground. >> Hey, let me see your hands. B, GET ON THE GROUND. GET ON THE GROUND. >> GET ON THE GROUND RIGHT HERE. >> Get on THE GROUND. YOU BY SHARK, GET ON THE GROUND. OVER HERE. ON THE GROUND. >> ON THE GROUND. >> Get on the ground. Do do you not listen? Get on the ground. >> Mr. Galeyard attempts to comply with Officer Dukes's orders by getting onto his hands and knees, but Officer Dukes forcefully uses his foot to attempt to force Mr. Galeyard all the way to the ground, causing his head to violently hit the pavement. It is highly likely that a court would conclude that officer Dukes's use of force against Mr. Gailard was neither justified nor reasonable. >> Is there a gun back there? Ain't >> no gun >> by that truck. No, you're not listening, dude. >> Bro, you got a gun on you, man? >> No, I ain't got no gun. I don't want no gun. >> Turn back over. I don't know. You watching site. >> He had something. >> I ain't open no >> the door lock. >> No, he was right here. Watch him. Go watch him. There it is. >> All right. That's what he had. All right. Who's the complainant? >> All right. Get up. Get Get him up. >> Put the leg up. >> 25. Got one. >> Put the leg that way. >> All right. Listen. I'm about to help you. Hold on. Hold on. >> All right. Ready? One, two, three. off my head. >> Yep. Listen. >> Yep. They slam my head down on the cement. >> Yeah. >> Go back inside. >> Go back in the house. Go back in the house. Ain't nobody talking to you. >> I got head drummer. >> Go back in the house. >> Yeah. >> Y'all bust my head down. >> Yeah. I've been in accident. >> Yep. Y'all bust my head down. You threw me down. >> I sure did. You weren't listening. >> Yeah. No, it ain't. You ain't had to throw me down like that. I'm disability. >> Okay. >> I got head problem. >> Yep. You throw me down. >> Yep. You throw me down. >> You throw me down. >> Yep. You bust my head down on the cement. >> Yep. You bust my head. >> All right. Let me tell you his forehead. >> You b my head down on the cement. He was he was in front of the car when I came up and he was walking like this and I I thought it was a gun at first. I said, "Drop the gun. Drop the gun. Drop the gun. Drop gun." Had him at gunpoint. >> He's over here doing something like this. >> You're straight on my head. >> My head. >> What he was doing is putting this up behind the tire. So he comes over right here. He got his hands in his pockets. I'm tell Let me see your hands. Let me see your hands. Let me see your hands. >> My head. >> He wasn't listening. >> No, it ain't. >> He got the like this right here. >> You proud of me. And moving on to the ground. >> You bust my head down on the cement. >> You bust my foot down. >> Yeah, your head didn't hit the cement. >> Right. Cuz you bust me down on the >> Where's the complainant? >> You bust my head down on the cement. >> Right here. >> No. >> You brush my head. >> My head. >> Where's the complainant? >> My head down. >> I'm trying to get the name of the complainant. >> My head. What are we doing? Guess Sam was come check him out. >> Who called? >> I'm not sure. >> Um, >> take him out of cuffs right now. I mean, cuz that's what we got. >> Have to use it for >> Yeah. No doubt. >> Yeah. >> I didn't know what his attention was for you. >> The officer did wrong. Slam my head down. Bust my forehead. >> Damn right me. >> Mayor, I'm going to take that and the evidence of what he had. For what? >> Well, I mean, his, >> you know, that's that's the reasons I did what I did. >> You know what I'm saying? That's where I'm coming from. no gun or nothing >> because when he was behind the truck, I couldn't see what he was doing and I didn't know where >> that ain't nothing >> where that went. It was still in his pockets when he come around that car with his hands in his pockets. >> His door was on camera. That's fine. >> A dog. >> So he can come out of >> Yeah. Take him out. >> Yeah, he come out. Oh lord. >> Okay. Thank you. >> Hi. Good. How are you? What's going on? >> Officer slammed for down. >> Okay. >> Can I get a car for me? >> I don't have one, man. We don't have one. They don't give us cars. >> Okay. What's your badge number? >> 1059. >> Let me see if I can get my phone. Hold on. >> Hold on. We We We have cars. Thank you. >> Yeah. >> All right. >> Brandon, you can get this stuff off. >> 1059. >> After Mr. Mr. Gayyard was treated by EMS. He and Mr. Julian were allowed to leave. 2 days after the incident, Officer Dukes was fired from the Orangeberg Department of Public Safety for violating the department's use of force policies, which, as stated before, are not publicly available. Former Orangeberg Officer Dukes gets an F for physically assaulting Mr. Gayard for no apparent reason, blatantly lying about the nature of the interaction in his police report, and for making a concerted effort to avoid being held accountable for his ridiculous antics. Sergeant Polodor gets an A+ for remaining truthful and objective throughout the encounter, ensuring that Mr. Julian was given the necessary information to follow up on the incident, and for maintaining a calm, collected, and professional attitude throughout the interaction. In a YouTube video posted on January 15th, 2020, auditor DJ Gear began to film the Odell Oil Company in Belton, South Carolina, while walking around a grass shoulder located just outside the property. While Mr. Gear did not step onto the oil company's property. He filmed through a chainlink fence. Despite no trespassing signs that prohibited photographing and otherwise recording the facility after Mr. Gear filmed for a few minutes, two individuals stepped out of an oil company building, walked over to the fence, and began to speak to Mr. Gear. >> The whole facility. Well, both of them really. >> Get some information on them. >> I I I'm sorry, brother. I can't hear you. What kind of information you need? >> A whole lot of information, honestly. A whole lot of it. >> We need to know what you >> say what? >> We can't just give out our information. >> Oh, no, no, no. I I didn't have any questions about it towards y'all. I can kind of find out what I need out this way. Who are you? >> I'm an operator here. >> Operator here. What's your name? >> That's irrelevant. >> I understand that. Cav your name. >> It's irrelevant also. >> Okay. I was just ask >> Yeah, I'm going to have to fine picture. >> That's fine. All right, >> that's fine. >> Private property. >> Yeah, inside the fence is >> Yeah. What what you need picture for? >> You said what I need picture for? Well, I can't say it right now because it's not published. >> But you can call the people. That's fine. >> Okay. I'll be along the way somewhere. I'll be along the road somewhere. >> I didn't drive. I'm a step ahead of everybody. But >> I'll be along here somewhere. >> I'm not leaving. I'm just walking. I promise I'll be in the area and when they come out, can y'all come back out, please? >> I will. >> Thank you. So, he didn't want to give his name. He didn't want to give his name, but we're here. And they say it's private property, but that is a public utility right here in there. But they're they're going to call the police. So, we're going to hang out until they call them and see how this goes. So, they decided to send somebody out here to talk to me. All right, it's actually about to start raining. I wonder if he's going to get out the vehicle. It's going to start raining, which is the crazy part. So, I'm actually going to get soaking wet, but I'm again, I'm in Bel, South Carolina at the Oil Company on a road here, 33 ft from the center line of the road. I have their property line um in my phone, and there are public utilities all right here. Some are in their property. Some are right here, which is outside of the fence. And their trespassing signs are on the fence, which is beyond me. It's very beyond me. And he's just sitting here. Let's go talk to him. And then here comes his buddy down here in the truck. Let me get that. All right, brother. How you doing? >> Hey, what you up to? >> Just filming and I'm trying to figure out why they're following me around here and I can't figure it out. >> Well, kind of somebody suspicious. Well, that's fine. But you know, you're allowed to take my picture also. That that's that's totally fine. Now, whether or not you can get it, that's between you and your camera. But um that guy here has been following me around and then you came out here to take my picture. >> If you turn your phone other way, you get a better picture. Turn it sideways. >> No, no. Turn your phone sideways. That That's right. I can't I can't. But I'm trying to figure out where y'all are following me. It's like nobody here understands the rights that I have granted to me under the first amendment. That's what's crazy. You know, this all public property right here. >> Yeah. No, this is a state property, >> which is public. State property is tax funded, which makes it public. >> So, my tax dollars, your tax dollars pay. >> I mean, it's suspicious to report it in. So, >> I mean, that's fine. And again, I told the people over here to call the police. That's fine. I don't mind talking to them. But you see that public utility right there? If I want to walk all the way to that pole and record this property, I can because that's because the city put that there. Okay. >> So, that city property is public. I don't mean anybody no harm. I don't have my gun on me. My gun, >> huh? >> Can I ask you what your intentions are? >> My intentions is I just want again I don't see these every day. So, I stopped to take pictures of all these or of all these big oil wells here because I I don't see them every day, but it's like people are freaking out about it over a camera. >> Well, it's it's kind of touchy, >> but y'all have cameras all over your facility. >> We do. >> So, how is my camera any different than your camera? I have no problem with that. I don't I'd be more than glad to talk to him. >> Okay. >> Thank you for coming out. Thank you. >> Hey, did they call you out here? >> They did. >> They did along this public easement here. And I was taking pictures this way, that way, and back here. And they freaked out. They completely freaked out about it. And they was like, "Well, I'm going to call the police." I said, "That's fine. I I don't mind talking cuz there's no crime being committed here." They freaked the hell out. these guys here. That that that guy right there. Hey, come over here, buddy. Yeah, you come here, please. I just need you to inform him of the First Amendment that I'm allowed to record here in public and I can be on my way. That That's all I need from you, Officer Parker. >> Yes. >> Can you please just inform him of my rights through the First Amendment? And I'm on my way. I'm sure y'all have been prompt on it cuz we sued Anderson a long time ago. I don't mean to hurt harm or danger by it, but these guys here completely freaked the hell out and I don't know why. I just need him to be informed of my First Amendment right and I can be on my way. Hang out here. >> I'm going to come across the road cuz I got to get it on film that you told him for my protection. That's all. >> I told you I was coming back, buddy. I ain't want to be rude. I just want you to be informed and hear from someone else that I'm completely allowed to do what I'm doing. >> So, with him taking pictures, it's not a problem. >> Okay. >> Um, if he goes in the property, kind of get his story. No, we're just going as a turner. We're on high alert anyway. So, we're just making sure. Can you ask him to put video of me? >> I'm allowed to. >> I tried to tell you that so we can be cordial the first time you saw me. >> Trying to be cordial with you. >> And I was cordial not to worry about what you doing. >> No, I told you that I'm allowed to do what I'm doing. It's It's all on camera. I can run it back. >> It's all on camera. You'll see it on YouTube later. I promise. I'm allowed to do what I do. That's all it is. And I want her to come tell you cuz I didn't want you think I was being a jerk about it. It's completely legal. And y'all have to understand that while in public you can be filmed. There's no expectation of privacy at all, buddy. At all. >> What can we what can we do? Build a brick wall. >> If he goes behind the gate, we can put I mean, we can put him on trespass from there. But as far as him being out here taking pictures, videoing, I can't >> can't do anything about it. I tried to tell you that, but y'all wasted resources. >> Good afternoon. >> How you doing, brother? >> I'm doing well, sir. How about you? >> I'm all right. Thank you. I'm David, by the way. >> Hey, David. >> Thank you. >> It's nice out. >> It is. That's why I'm out here. Actually, I'm about to go jump on my bike. I just tried to help these two gentlemen out here. >> And they didn't want to understand me, so they called this sweet officer out here. >> Yeah. >> And wasted resources when they could have asked me the same question. And I gave them the same answer, but they didn't want to listen to me. So now they're on the internet looking like fools because I tried to tell them. [laughter] >> And those weren't my intentions. I tried to walk away, but then I saw her pulling up and I figured that they called and wasted her sweet time out here. Sorry you had to come out here off. >> Your phone. Just do me a favor. Don't go behind. >> Oh, I won't. I won't. Uh, and and I told them I have their property line on my phone. I check the GIS survey. As long as I'm well within public property, it's a public utility poll. They're their no trespassing prior notice starts on the other side of that fence. I have no plans of breaching their property at all. None. >> Great. Thank you. >> Yes, ma'am. Thank you for coming out. All right. It was a pleasure having you here, fellas. I'm sorry about the misunderstanding, but at least now you understand. All right. >> Do the same. >> Thank y'all. Shortly after completing his conversation with Officer Parker and the oil company employees on a pleasant note and walking away from the oil company fence, Mr. Gear stopped filming. There is no indication that any additional incidents occurred after Mr. Gear stopped filming or that he intends to take any further action regarding the interaction. Deputy Parker gets an A+ for maintaining a professional demeanor throughout the encounter, upholding and enforcing the protections of the First Amendment and respectfully educating the oil company employees about Mr. Gear's right to film on public property. Mr. gear gets an A because although he expressed a partially incorrect argument about the utility poles, he remained controlled and respectful throughout the encounter, did not attempt to escalate the situation or provoke anyone involved, and did not yield his right to film despite interference from the oil company employees. The original video of this interaction was posted on November 17th, 2020, but the timestamp in the video is dated for January 3rd, so it is unclear when exactly this interaction took place. Sometime within that time frame, Nevada based First Amendment Auditor Joshua Martinez was filming outside the Clark County Detention Center in Las Vegas when he was approached by two correctional officers on duty at the facility. Bear in mind that the green text that you will see in this episode is from the original video. >> Doing all right. How about yourself? >> Good. How you doing? >> Pretty good. >> Can I uh can I help you? >> No, thank you. >> You're good. >> All right. Can I ask you why you're taking pictures of the facility? >> Excuse me? >> Can I ask you why you're taking pictures of our facility? I'm not saying you can't. I'm just asking a few. >> Yeah, I know. I just don't feel like answering any questions. >> Okay. All right. All right, sir. What's that? Oh, what's that? >> Is this pro public or private? >> I can't even hear you guys. We're We're screaming. This is public property here, sir. >> Is this public property or private? >> It's private, sir. >> It's private, sir. >> Who's it owned by? >> It's okay. Grab the sidewalk for you now. You're in property. >> But who's it owned by? >> The county. >> The county, which is owned by the people. >> Leave, sir. >> Excuse me. >> I'm serious. You have to leave. >> Call your Call your supervisor out here, please. >> Stop right there. >> For what? >> Stop right there. Stop right there, sir. >> For what? Look, listen. The stuff may work on the inmates, but it isn't going to work on me. This isn't my first time here. What's your name and badge number? >> We're going to we're going to trespass you. You're on You're on private property. >> I'm on private property, and the Clark County owns it. The Clark County owns it, right? What's your name and badge number? >> As long as I'm not in any security areas, I'm fine. After the two correctional officers enter the jail, Mr. Martinez continues recording and approaches the front entrance of the jail house lobby before being confronted by several other correctional officers. >> How you doing? >> Hey, you need to leave our property. You're trespassing. >> What's that? >> You need to leave our property. You're trespassing. >> You're trespassing? >> Yeah. >> Can you get your hand off my >> No, I cannot get my hand off the camera. >> How about this? We'll call a field officer out here >> and when they get here, I can talk to them. >> Last time I'm going to tell you, you need to leave the property. You're trespassing. Need to leave the property. for your trespass. >> You know what? Then formally trespass me. I'll take a formal trespass. >> Okay. All right. This will block you off property. I don't care who you are. >> Okay. Well, that's you can't be here. >> I've been involved with a couple of federal lawsuits. So, >> that's absolutely wonderful. Has it ever worked out for you? >> Get your hand off of my camera. >> Okay. I'm telling you, leave our property. >> This isn't your property. This is >> You need to leave our property. >> Get your hand off my You need to leave our property. >> Get your hand off my You need to leave our property. >> Call the police out here now. Call me cuz you're a CO. You need to go. >> You're a CO. Get your hands off my camera, sir. >> All right. Did we already call? >> Yeah. >> Call patrol. >> Call them. Call them. >> Turn around. Put your hands behind your back. >> I'm not doing anything. >> Turn around. Put your hands behind your back. >> How can I leave when you're holding on to my camera? >> He has nicely leave that you would not leave. >> Very simple. You're on the property. >> Can we have a cordial conversation about it? >> No, we can't. Cuz when I sit here, do you guys know who's sitting here? I don't really care right now. >> Okay, then you will you will >> you will. >> How you doing? >> Good, sir. How are you? >> Pretty good. So, you're a field officer, I assume, right? >> I am. >> There you go. >> Thank you. Butler? >> Yep. >> Thank you. And so now now you're you're aware of public photography, correct, sir? Do I don't even get an apology because if we can just settle this right now, I won't even go file a complaint. An apology, I'll be a man and put this behind me and go on about my business. >> Terribly sorry, sir. >> Thank you. I appreciate that. And I accept your apology. >> Appreciate that. Fair enough. >> All right, guys. Uh, well, thank you. Um, Forbus. >> Yep. >> Yeah. I'm Captain Forbes 5372. >> Thank you. It's >> my P number. Yep. >> Thank you. And you field officer? >> Sergeant Learon. P number 9249. Sergeant Walquest 4847. >> Thank you. And yours? >> 497627. >> Thank you. Thank you, fellas. >> Yeah. No, absolutely. >> So, we'll ask you, you're going to stay in still photography and stuff, right? >> Right. Right. Just Just do me a favor. >> I know. I'll stay away from from >> a safety issue. We'll have to approach you again if you go over toward that area here. But if you're, you know, if you're around this area here taking photos and stuff, you're fine. >> Right. Public publicly accessible areas. I don't feel like going down that ramp anyways. So, I'm good. I'm I'm, like I said, I want to get picture of the sunset with the flag. I want to just get those things. So, all right. >> All right. So, I need to ask you, do you still want to file a complaint or anything like that? I can take a complaint if you want to file a complaint. >> You know what? I would rather him get the education this way. Um, so if anything, if I do file a complaint, I'll just go online. Okay. >> And I'll file a complaint. But right now, the adrenaline's still going. My mind's all over the place. So, >> I need I need wanted to offer that to you and then we'll we'll have a discussion about the training, all that stuff. Make sure that's addressed. >> Okay. All right. Hey, thank you. Have a good day. Take care, >> Mr. Mr. Martinez was allowed to go free and the officers left the scene without further incident. Mr. Martinez said later in the video that he was still unsure whether he would file a complaint against Officer Butler, but that he was definitely considering it. He went on to explain that he prefers the officer to be educated on First Amendment activity on the spot rather than through a lawsuit or complaint, but he needed to calm down before he made a decision to press the issue further. Officer Butler and the other correctional officers get an F for violating Mr. for Martinez's First Amendment rights, displaying a fundamental misunderstanding of public forums, and for maintaining a hostile and confrontational demeanor throughout the encounter. Captain Forbus gets an A+ for ordering the correctional officers to release Mr. Martinez, upholding Mr. Martinez's right to record the facility, and maintaining a courteous and professional demeanor throughout the interaction. Mr. Martinez also gets an A+ for exercising his rights peacefully and respectfully, retaining a proper balance between complying with the officers and asserting his constitutional rights and maintaining a calm and collected demeanor throughout the encounter. On March 28th, 2020, Florida based auditor Michael Taylor was openly carrying a rifle and a pistol while fishing near John's past in MadiRaa Beach, just south of Clear Water, Florida. For several minutes, Mr. Taylor fished along the beach and conversed with the locals. As Mr. Taylor was returning to his vehicle. He was confronted by Sergeant Penicha of the Penllis County Sheriff's Office. >> Hey man, what's that? >> Uh, a fishing pole. >> What's the other thing? >> Uh, my AR pistol and my my handgun. >> All right. Put your hands up for me, bro. Why are you carrying around that? >> Because I was just fishing >> with a gun. >> Yes, sir. I was in Florida. We can do this. >> Yeah. I don't know, bro. >> I'm letting you know. I'm trying to let you know while you're engaged in fishing, hunting, and camping. You can do this. >> After confirming that Mr. Taylor was armed, the Penllis County deputy ordered Mr. Taylor to get on the ground until backup arrived. Once the other deputies arrived on the scene, Mr. Taylor was placed into handcuffs while the officers conducted their investigation. >> All right. Do you have any more guns on you? >> No, sir. No more. There's no more knives. No more guns. I can't stand up. >> Ready? >> Hold on. >> One, two, three. >> Come on, man. >> I ain't got no fish on me. Can you guys look up Florida statute 790.25 section 3 subsection H, please? >> All right. I'm going to get all this crap off you so you can >> Well, you've got handcuffs on me. And once again, if you looked up the statute. >> All right. Will you stop for a minute? You have ID on you? >> No. Uh, maybe. I don't know. >> Well, where would it be? I don't consent to any of it. What What crime did I commit? >> Uh open carry in Florida is not >> unless you're engaged in fishing, hunting, or camping. That's not a crime. To to possess a firearm is not a crime. >> Listen, do you understand that when I'm I'm pulling into a parking lot, I see somebody with what looks like an >> I was I was actually on my way home until you decided to come out and point guns at me. >> All right. Well, I want to go home today, too. I don't want to get shot. >> I wasn't pointing guns at >> Listen Listen, listen. We understand the statute. I know you're in your right. Listen, I listen. >> Listen to him. >> I understand what you're saying. However, think about where you are right now. You know, listen, you know, well, that statute's more for rural Florida. Am I right or am I wrong? >> You're wrong. >> I'm wrong >> because I don't fish I don't fish out in the woods, dude. I I I fish on the rivers in the in the freaking oceans. >> Listen Listen to me. Look at where you are right now. Where are you at? >> I am freaking >> You're in John's Pass, right? >> Absolutely. 100%. >> You have to think about where you're at when you're doing that stuff. Am I right? >> No. >> Okay. >> I I just need to know the law. >> I thought you going to be logical, but >> I I am. I just I just need to know the law. Can I call my lawyer, >> please? Whatever you want in a second, man. Hold on. This your rod? >> Yes, sir. Like all the stuff that you >> Where's your car at? >> Where's your car at? >> My car is somewhere around here. And at this point, I'm about to go back fishing because I am doing something lawful. And if you guys are going to treat me like this, I'm just going to go back to fishing. >> Okay. So, like we can I'm trying to I'm trying to figure this out with with reason for you guys, but you guys are treating me like I'm a criminal, like I've done something wrong. >> I don't even know who you are yet. >> You don't need You don't need to know who I am. I'm just a law-abiding citizen that's done nothing wrong. >> The deputies placed Mr. Taylor into the back of their patrol vehicle while they continued their investigation. Mr. Taylor managed to get his phone out of his pocket and make a call to his attorney while handcuffed inside the patrol car. Mr. Mr. Taylor's attorney then called the Penllis County Sheriff who advised the deputies to release Mr. Taylor after having detained him for approximately 20 minutes. >> And uh your name, sir? >> Sergeant Peniche. >> And uh your badge or payroll number? >> 6399. >> Thank you very much. >> You know we have payroll numbers. You've done us a few times. >> They just told me. >> Oh, okay. Okay. Where's your car parked? >> Uh somewhere close. >> Okay. >> I'm I'm letting you know. All you have to do because because I don't like I I'm don't I really don't trust you guys. I just want my my belongings back. If we need to set them on the ground over here on the dirt, whatever you got to do, and I will go about my day until I feel comfortable, you're not going to harass me after the fact. >> We're not going to harass you after the fact. >> Um, so listen, here's what here's what I would like to do. Okay? >> I want to make sure that we do this safely, right? You have two guns over there with Okay, >> I'm going to give them back to you. >> I would prefer to give them back to you unloaded cuz I would really hate for me or one of our guys here to get shot. >> My go My goal is not to harm anybody here. >> Okay. Well, I met you 5 minutes ago. I don't know that responded to me in case he'd be interested in knowing that. >> Uh this is my lawyer. Like I said, what did he respond? >> He did. That was the sheriff that just >> called me that. >> Perfect. All right. Instead of uh you guys talking to me about this, let's just go ahead and wherever you feel comfortable, by the bathrooms, right over here in the dirt, wherever you feel comfortable about leaving my belongings, I would like my belongings and I'd like to go about my day. >> Please, >> that's fine. Like I said, I just hand it back to you unloaded. >> Whatever you got to do, cuz I'll I'll do whatever I got to do after the fact. I just want my belongings back so I can go about my day. All right. >> The Penllis County deputies unloaded Mr. Taylor's firearms and placed them on the ground next to his bag before leaving. The Penllis County deputies get a C minus for treating Mr. Taylor as a threat without any indication that he intended to do harm, displaying a fundamental misunderstanding of the open carry exceptions in Florida and detaining Mr. Taylor under the pretenses of a lawful act. Mr. Taylor gets an A for remaining calm throughout the encounter, complying with the deputy's orders despite knowing that he was not breaking the law, and promoting awareness and education for the open carry exceptions in Florida. On August 4th, 2021, Alabama resident William Barnwell was driving behind North Carolina probation and parole officer Harold Mashburn while he and his wife were traveling home from a vacation in Cherokee County, North Carolina. Mr. Barnwell claims that officer Mashburn was driving slower than the speed limit in the left lane for several miles. So, Mr. Barnwell passed him on the right side when the lane opened up. Officer Mashburn then held up his badge and motioned for Mr. Barnwell to pull his vehicle over to the side of the road. Mr. Barnwell complied. Sir, I don't You can film me all day long. If you're a police officer, you should have a body camera. >> I don't have >> cuz you're not a police officer. It says right there, you're a probation officer. I'm not on probation. I've never been in trouble for anything. >> In the state of Alabama, >> tell my camera again how you're a police officer. >> Will you answer my question? I've I've answered yours. Now, let me ask you a question. In the state of Alabama, what are your probation officers considered to be? >> I have no idea. But we're not in Alabama. >> Okay. Do you live in Alabama? Cuz your tag says you >> I guess when a police officer gets here, we'll determine a whole bunch of stuff. >> Are you Well, >> how often do you pull someone over? >> How often I pull people over? >> How often do you drive in the left lane for 5 miles going 48 miles an hour? >> I wasn't doing 48 miles an hour, sir. >> Uh, so how fast were you going? >> I was doing 55. >> And what happened? >> You come flying up on >> No, I when I passed you, I was going 48 miles an hour. But if your car here that's not a police car had a radar in it, you would know how fast I was going. >> Yes, sir. And I'm able to do speed estimations. >> I'm sure you will be. I guess when your real police officer gets here, I'm sure I'm going to get some tickets. >> All right. Well, you just tight. Just hang tight. Okay. >> What's your name? Would you like to identify yourself? >> What have you going to give me your driver's license? >> Uh, you're not a police officer. >> Okay, then you just sit tight. >> So, you're refusing to identify You're refusing to identify yourself. Just sit tight. >> You're refusing to identify yourself even though you pulled me over. >> Sit tight. >> Am I being detained? >> Am I being detained, sir? Cuz I've got to go home. Am I Are you detaining me? Are you detaining me? Am I being detained? Hey, I'm going to step out because you're quit acting crazy. >> Am I being detained because I need to be on my way? >> Is it Is this a lawful stop? Am I being detained? >> Are you detaining me? >> Are you detaining me? Is that hard to understand? Because you know this is not legal. This is not legal. And you know this. Hey, I'm going to leave now because you won't tell me if I'm being detained or not. >> Well, evidently you are being detained. >> Am I be are am I being detained? >> Say it. Say it. >> Sir, am I being detained? Will you say those words? You can either am I free to leave? >> Am I free to leave? So, I am being detained. Why don't you answer that? You're not talking to anybody now. What am I being detained for? Well, if you paid attention to me and listened to me a few minutes ago, I was trying to explain all this to you, sir. But you did not rush to listen to me. You wanted to talk over me, and I'm >> Am I being detained? >> I'm I'm going to go home now. I'm going home now. >> Am I free to go? Am I being detained? So now he's going to get my tag done. >> How long does a Terry stop last, sir? >> I'm not doing stop. >> What? So what am I being detained for? You Am I being detained? >> Aggressive driving. >> Am I being detained? >> Aggressive driving is what you've done, sir. >> Sir, you know you pulled me over over 15 minutes. Now, >> how long is the Terry stop? Can you call your supervisor? Call your supervisor, please, right now. Thank you. >> Hey, you see that? If you're out here patrolling the highways. >> Yeah, I got one one person at a time that I can deal with, sir. >> How fast was that car? You're an expert on speed. How fast was that car going? >> Wait, wait. Just calm down. Just calm down. One, if you relaxed and had a conversation with me here, we'd probably be both going about our ways and doing their jobs. You going home and me going doing my job. You understand what I'm trying to tell you? >> I understand what you're trying to say. >> Only thing I was doing was stopping you getting you pulled over so one, you calm down and quit endangering other people's lives. >> I wasn't in danger nobody's lives. >> Yes, sir. >> We're in more danger when you got me pulled over out here than we were out here going up and down this highway. possibility of truth. >> So, I'll tell you what I'll do. >> Since we're talking and being calm, will you answer one question for me? And I won't say another word to the state trooper. >> Am I being detained? >> You have been stopped until I can get a trooper here to talk, have a talk with you because you cannot talk to me. >> Why is that not a yes or no question? >> Well, cuz I've done answered that question. You asked me, are you being detained? I've said you are have been stopped. >> But you won't say am I free to leave then since you won't answer that. >> I've already answered that question. So, you won't say if I'm being contained. >> You already answered that question, sir. >> Hey, sir. >> Yes, sir. >> How are you? >> I'm good. >> Good. Good. Now, look, I don't really fully understand what what we're >> Me either. >> What we're doing right here. Okay. So, uh he just felt like you were aggressively coming up on him. He's a probation officer. Okay. Um so, I'm not going to write you for anything. I'm not doing anything like that. Okay. You like he got insurance. >> I'm wound up. You're unwinding me. I appreciate that. Okay. So, where you headed to? You headed back home? >> Home to Alabama. >> Okay. All right. So, look, it's one of those things. Okay. He You may have come up on him a little quick. He may have, you know, it's one of them things. Okay. So, as long as I mean, like I said, I I >> I'm good. I don't I don't have anything to watch for. I don't have anything like that. Um I'm not going to do even if I'm not stop. He just feel, you know, he just felt like you come up on him a little hard. um you might been a little aggressive. So if if that is the case, let's just back it down a little bit. You're nearly to Georgia anyway. So that's why I say thank you. I appreciate it. >> After being detained for approximately 30 minutes, a police officer arrived on the scene and allowed Mr. Barnwell to leave without further incident. Mr. Barnwell posted several videos on his YouTube showing the interaction. And the situation has received some local media attention. In an interview with the press, Department of Public Safety spokesperson Greg Thomas said that officer Mashburn did not have the authority to stop other vehicles and stated that officials are investigating the matter. As of the date of this episode, it is unknown whether Mr. Barnwwell will be pursuing legal action. Officer Mashburn gets an F for conducting a traffic stop without the authorization to do so, falsely detaining Mr. Barnwell and his wife, and for misrepresenting and blatantly disregarding the bounds of his authority as a probation officer. Mr. Barnwwell gets an A minus because although he could have exercised his right to silence more tactfully, he remained calm and collected throughout the encounter, rightfully challenged the legitimacy of Officer Mashburn's conduct, and maintained a respectable balance between complying with Officer Mashburn's orders and ensuring that his constitutional rights were respected. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments down below. Thank you for watching and don't forget to check out Audit the Court if you're interested in learning about the legal nuance beyond the body cam. [music]