foreign [Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers State Capital Security obstruction and special needs searches and is brought To Us by auditing America's Channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction I want to give a big thanks to the sponsor of this episode raycon raycon's everyday earbuds are my go-to earbuds for any occasion whether it's going to the gym or being productive in the office thanks to raycon's optimized gel tips they have the perfect in-ear fit and won't fall out no matter what you're doing you can enjoy up to eight hours of Play Time 32 hours of Total battery life seamless Bluetooth pairing and booming bass for a fraction of the cost of other premium audio Brands no wonder raycon's everyday earbuds have over 50 000 5 Star reviews raycon earbuds also offer a ton of features to enhance your listening experience such as tap functions and awareness mode raycon is so confident that you'll love their earbuds that they offer a 30-day free return policy so that you have absolutely nothing to lose click on the link in my description or go to byraycon.com audit to get 15 off your order and choose the color that fits your style thanks again to raycon for sponsoring this episode in a video posted on August 5th 2022 two First Amendment Auditors attempted to enter the Georgia State Capitol building in Atlanta Georgia when Trooper Frazier of the capital police division of the Georgia Department of Public Safety who was working at the security desk at the building's entrance requested their identification the Auditors began to film the interaction why would you give me my ID wow yes do you know what facility that you stepped into absolutely all right this is the Georgia Capitol building where they house the senator the governor the house representative and is ran by the Troopers so upon demand of your drop like that stated by the ocga code you produce it you don't question it what about yourself go driver license or your ID I might scan it before you come across it well the thing is I don't have it with me sir that's why I'm asking you over here so you have to be nice you don't have to talk to me like I'm a criminal I'm not I'm not a criminal why are you treating me like that because you're not listen when I take you to do something you don't question it move sure what about what about our rights you don't have the right to walk into this building yeah we do but listen without following the rules well the thing is I already checked the rules sir I don't mean to be rude to you in any way officer but I've been to at least 30 State Capitol Buildings in the past and this is the first one that I get we take it seriously what about the Fourth Amendment do you take it seriously yes we do as long as I'm working the station right here Frazier claims that it is against Georgia law to enter the state capitol building without identification the Georgia State Capitol building is under the control of the Georgia building authority which manages nearly 8 million square feet of State Properties including 32 buildings and more than 30 other properties section 35-2-121 of the Georgia Code created and established a division of the Georgia Department of Public Safety known as the capital police division the statute states that the Department of Public Safety must staff this division with certified law enforcement officers who will serve as designated Capital police officers under section 50-16-14 of the Georgia Code quote certified law enforcement officers of the Department of Public Safety are authorized and empowered to deny the entrance of any person into or upon any property or building of the Georgia building authority when the person's activities are intended to disrupt or interfere with the normal activities and functions carried on in such property You're Building or have the potential of violating the security of the Personnel they're in likewise the statute also authorizes and empowers officers quote to remove any person from any such property or building when the person's activities interfere with or disrupt the activities and the operations carried on in such property or building or constitute a safety hazard to the property or building or the inhabitants thereof the Department of Public safety's website States the quote the Georgia State Patrol Troopers of post 50 control the access into the state capitol by checking all state employees guests and other Personnel for valid identification they provide security for all elected officials state employees and guests at the state capitol according to the state capital's website the Georgia capital is open to the public Monday through Friday from 8 AM to 5 PM and quote all adults aged 18 and older must show a photo ID upon entering the capital the website also notes that quote in compliance with security regulations visitors must enter the capital through a metal detector the X-ray machine must examine hand-carried items here it appears the trooper Fraser is a member of the Georgia Capitol police division who has been tasked with controlling access to the state capitol building while there is no specific statute that requires an individual to show identification to enter the Capitol Building there is clearly an established security procedure that requires visitors to provide their identification we will discuss the constitutionality of this policy later in this episode but based on Georgia law alone it is likely that a court would conclude Trooper Fraser had the authority to require the Auditors to show identification to enter the state capitol and to deny them entry when they refuse to do so oh so this is all about are you are you trying to we're trying to walk freely I don't know because you recorded me you come over here okay I gave you instructions don't question the instructor just do what you're told you're doing sir we have the right to question right now they have some people come in I'm gonna need you to step to the side sure we won't interfere here now do you see I eat that man sorry I just wait on the proper person to come here no problem because I would love to show them uh your the way that you greet at us and by the way sir by the way no no sir that's not how it works we were nothing but courteous and professional as soon as we got here and he said you do not do not question my authority we're just waiting for a supervisor is he coming you're giving us lawful orders and if we don't what happens you know why I'm gonna do you know where I'm gonna step over there because don't you touch me I'm not okay but don't you touch me you touch me stand right there all right Trooper Frazier orders the Auditors to step outside the security entrance and when they ask he claims it is a quote lawful order as mentioned earlier section 50-16-14 of the Georgia Code authorizes certified law enforcement officers of the Department of Public Safety to deny entrance to the Capitol Building to an individual who has the potential to violate the security of building Personnel additionally according to section 50-9-9 of the Georgia Code quote certified Law Enforcement Officers employed by the Department of Public Safety shall exercise such powers and duties as are authorized by law to keep watch over and protect the property of the authority in that area designated as Capital Square likewise section 35-2-122 of the Georgia Code States the capital police division has quote the primary duty to enforce all laws in Capital Square and the property and buildings owned by the Georgia building authority within a five-mile radius of Capitol square and its additional duties include quote to maintain peace and Order and enforce the laws and regulations relating to controlling access to any building or property under the control or operation of the Georgia building authority and quote to maintain peace and Order and enforce the laws and regulations relating to controlling access to Capital Square although there is limited case law interpreting the scope of the capital police divisions jurisdiction given the broad statutory Authority granted to the Troopers to protect and control access to the Capitol Building it is certainly possible that a court would determine the trooper Fraser could order the Auditors to wait for a supervisor on the other side of the security entrance under section 50-16-16 of the Georgia Code quote any person who refuses to obey any lawful order of any security Personnel or law enforcement officer issued pursuant to code section 50-16-14 or any person who refuses to vacate any such property You're Building when requested to do so shall be guilty of a misdemeanor similarly section 16-10-24 of the Georgia Code states that quote a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his or her official duties shall be guilty of a misdemeanor in the 1978 case of Edmonds versus city of Albany the Supreme Court of Georgia held that the quote willful failure or refusal to comply with a lawful order or direction of a police officer constituted a violation of a prior and near identical version of this statute which stated that quote any person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of His official duties is guilty of a misdemeanor therefore it is likely that if a court determined the trooper Frazier was within his lawful authority to order the Auditors to wait on the other side of the security entrance it would also conclude that they could be convicted of obstruction if they refused to do so Sir with all the respect you're a dangerous one and by the way we have a hundred million views on the internet Punk foreign good so we were trying to to get in uh to the state house and uh my friend doesn't have an ID the gentleman started barking orders at us so we just politely asked for a supervisor okay don't our fourth amendment rights Trump any policy doesn't your old to the Constitution to uphold our our state real quick that you could be searched to enter a government building well seriously People's Building it's it's just it's just like any any other building I mean if I go to your if I go to your that's different why to enter this building you have to show an identification okay okay if you do not have an identification you cannot enter the building if you provide them a name and date of birth and they're able to positively ID you that's who you say you are then we allow you to enter okay so that's that's it the last thing I would say to you sir with the utmost respect not only the Fourth Amendment but the supremacy clause of the Constitution gives us the right over here they can make any policy but if that violates this last thing I'll say if it violates our rights it is your duty to disobey that order no that's not I understand so you took an oath when you graduated enter the building okay you can show an ID if you don't want to enter the building you're not going to be allowed okay okay but can you at least answer what he said the auditor's claim that the Fourth Amendment and the so-called supremacy clause of the U.S Constitution both require the sergeant to disobey the policy requiring individuals to identify themselves in order to enter the Capitol building the supremacy clause is found in article 6 paragraph 2 of the U.S Constitution and states that quote this Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the land and the judges in every state shall be bound thereby anything in the Constitution or laws of any state to the contrary notwithstanding in general this Clause means that the Federal Constitution and other federal laws take precedence over state laws and as the Supreme Court held in the landmark 1803 case of Marbury versus Madison it authorizes the practice of so-called judicial review allowing courts to strike down law that they determined to violate the constitution while the Fourth Amendment does protect quote the right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures it does not guarantee citizens the right to avoid any searches or seizures that are not supported by Reasonable Suspicion or probable cause rather the Fourth Amendment only protects against searches and seizures that are deemed unreasonable under the law as the Supreme Court summarized in the 1997 case of Chandler versus Miller quote to be reasonable under the Fourth Amendment a search ordinarily must be based on individualized suspicion of wrongdoing but particularized exceptions to the main rule are sometimes warranted based on Special Needs beyond the normal need for law enforcement the court further explained that quote when such special needs concerns other than crime detection are alleged in justification of a Fourth Amendment intrusion courts must undertake a context-specific inquiry examining closely the competing private and public interests Advanced by the parties in limited circumstances where the Privacy interests implicated by the search are minimal and where an important governmental interest furthered by the intrusion would be placed in Jeopardy by a requirement of individualized Suspicion a search may be reasonable despite the absence of such suspicion the Supreme Court explored this exception further in the 2000 case of city of Indianapolis versus Edmund where it determined that although the court had previously upheld quote brief suspicionless seizures of motorists at a fixed border patrol checkpoint designed to intercept illegal aliens and at a sobriety checkpoint aimed at removing drunk drivers from the road a similar so-called narcotics detection checkpoint violated the Fourth Amendment because it's quote primary purpose was to detect evidence of ordinary criminal wrongdoing and was quote ultimately indistinguishable from the general interest in Crime Control however in reaching this decision the court clarified that quote our holding does not affect the validity of Border searches or searches at places like airports and government buildings where the the need for such measures to ensure Public Safety can be particularly acute given this precedent it is likely that a court would conclude that the requirement that an individual show identification as part of a security screening process to be granted entry to the Georgia Capitol Building does not violate the Fourth Amendment and therefore the supremacy clause would not cause the policy to be supplanted by the Constitution if you want to enter the building show an ID if you don't you can walk away all right just last question do you know what the third amendment is okay do you know briefly what it's about tell us about it sir I'm not required to know it okay I don't have to sit here and Entertain You what about my fourth amendment you have a fourth amendment not in the public not in a public place apparently no you want my ID without without me committing a crime there's no reasonable articulable suspicion that I've committed a crime I said you committed a crime so there's no crime no ID what about my what about my my private documents after their conversation with the sergeants the Auditors decided to identify themselves in order to be admitted to the Capitol Building and return to the security desk after they provided their information to Trooper Fraser and he completed his Security checks he advised the Auditors that they were free to enter the building it is unclear whether the Auditors intend to take any further action regarding the incident overall Trooper Frazier gets a c minus because although he was likely within his authority to demand the auditor's identification as part of the security screening process for the Georgia Capitol Building he displayed a hostile and aggressive demeanor throughout the encounter and barked orders at the Auditors instead of attempting to engage in productive communication now while I understand Trooper Frazier's frustration and appreciate his commitment to the security process it is imperative that officers behave professionally and respectfully when faced with challenging situations and individuals Trooper Frazier also struggled to articulate the legal principles that authorized him to identify the Auditors and misrepresented the law on several occasions such as when he claimed that state law required individuals to carry identification at all times and that the law did not allow individuals to question a police officer's orders in general Trooper Frazier could certainly benefit from additional training both on professionalism and the limits of his legal Authority the Auditors also get a c minus because while they maintained a polite and respectful demeanor for most of the interaction they also demonstrated a fundamental misunderstanding of the limits of the fourth amendment's protections and refused to recognize the officer's legal authority to maintain the security of the Capitol building and protect the government officials working inside it the Auditors repeatedly claim that they should be granted unfettered access to the capital because it was the so-called People's Building but the Georgia capital also houses the offices of the governor lieutenant governor and Secretary of State as well as the state Senate and House of Representatives it is more than reasonable for the Capitol Police to screen the identities of the individuals who entered the building where these important government officials work and as the events of Jan January 6 2021 demonstrate security for these types of government buildings is something that should be taken seriously while I admire the auditor's desire to fight against government overreach and Champion constitutional rights I would encourage them to devote some time to studying and understanding the legal principles they were seeking to extol before conducting further audits let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out my second channel for even more police interaction content [Music] foreign [Music]