[music] On July 9th, 2025, the owner of the Public Enemy number 1A YouTube channel, Craig Dodie, was conducting a First Amendment audit in the city of Asbury Park, New Jersey. After walking through the streets for several minutes, Mr. Dodie eventually stopped at an intersection and began filming a local chiropractor's office from a public sidewalk. After a few minutes of filming, the owner of the business confronted Mr. Dodie about why he was recording. >> Recording. >> Excuse me. >> You recording? >> Yeah. Which >> way? That way? >> No, that way. >> Why is that? >> No reason. After this brief exchange, the business owner went back inside and called 911. >> City of Park Police. >> Hey, um, my name is I'm a chiropractor on the corner of a guy who set up a camera facing my office and I asked him if he was recording my office and he said yes. And I asked him why and he said no reason. I just thought it was weird. Um, you know, by HIPPA rules, I'm not I'm not supposed to expose any of my patients information, including office visits. So, he's now moving a little closer to my office on this side of the street. Um, so I don't know if there's anything we can do, but [clears throat] one second. All right, no problem. I'll send our officer by. Okay. >> Okay, great. Thank you. >> All right, take care. >> While the police were in route, Mr. Dodie approached the business and engaged in a camera battle with the business owner with the two filming each other through the window of the lobby. Eventually, officer Daryl Whitley of the Asbury Park Police Department arrived on the scene. The events that followed were captured on both Mr. Dod's cell phone and officer body cam. >> My call. I guess they was curious as to why you were recording under the influence. >> Oh, copy. >> You were curious. >> Yeah. Yeah, I was asking why you record. You record me. That's okay. I'm recording you also. So >> yeah. >> Yeah. So you got any credentials to be recording or whatever? >> Credentials? >> Yeah. >> What kind of credentials? >> Any any type that you want to provide? >> 215. >> No, I have no >> Okay. Uh what are you recording, sir? If you don't mind me asking >> anything I can see. >> Huh? >> Anything I can see? >> Are you? >> All right. Any particular reason? >> Any particular reason? Can you do me a favor and help me out real quick with a vehicle release back up with other >> Is there a problem with recording, >> sir? >> They don't want you record in front of their uh their business. >> Yeah, that's not really their choice. Okay. straightway. >> Huh? >> He's recording. >> You know, they don't want him recording in front of their business. >> No credentials to recording. >> Open space. >> So, Huh? >> Open space. >> Go ahead. >> No, absolutely. Absolutely. need to record. >> Yeah, I'm good. I'm just >> Hey, nice to meet you. >> You, too, sir. >> Thank you, sir. >> Have a good day. >> Thank you for honoring your oath. Yeah, you found out I got a fish. >> Yeah, that >> you called out two more guys with cameras to record. Huh? >> Absolutely. >> Called out two more guys with cameras. >> No, actually he came over here to back me up cuz that's what we back up, >> right? I'm just saying he he didn't like the camera, but he called out two more men with cameras on, you know, that's all. >> He didn't call him out. He called the police. So, we backing each other up. Yeah. Yeah. He called you out. That's all. So he called one guy out with a camera. All right. I was I misspoke. >> Huh? >> I misspoke. One He called out one guy with a camera. >> No problem. >> All right. You're dismissed. >> Huh? >> You're dismissed. >> Oh, no. No. I'm calling my supervisor over just to let him know. >> Oh, I thought that was him. >> No, no, no, no. >> So, you can't dismiss me anyway. >> Well, yeah. As far as I'm concerned, you're dismissed. >> Yeah. Oh, that's fine. Why would you ask me for credentials to film? >> Is that even a thing? >> There is. >> No, there is not. >> So, you ever So, you ever seen There is not a thing. So, No, no, no, no. Before you try, I'll talk to me. So, you ever seen somebody that does um You can Yeah, you can. >> Yeah, I want I want to hear this. >> So, like like the news like channel 12, right? >> They have no credential. >> They do have credentials. You see, they have cars that have channel 12, we do this. So, they do do that. >> That's not That's not a government credential. It's not anything. It's just a from their company. >> Yeah, that's fine. >> So, I could have my com I could print out a press pass. >> They're a journalist. >> I'm a journalist as well. I could print out a press pass and stick it on. And >> you can absolutely. >> Officer Whitley asks Mr. Dodie if he has any press credentials. And Mr. Dodie asserts that press credentials have no legal merit and suggests that anyone can print a press pass and label themselves as a journalist. Contrary to popular belief, the Supreme Court has consistently rejected the idea that the institutional press occupies a higher constitutional class than the general public. In the 1972 Supreme Court case of Bransburg versus Hayes, the court rejected the premise that the quote unquote freedom of the press clause within the First Amendment creates broad special privileges that exempt journalists from generally applicable legal rules. The court went on to specifically note that journalists have no right of special access to information or places that are not available to the general public. In the 1974 case of Pel versus Prunier and in the 1978 Supreme Court case of Halchins versus KQED Inc., the court again declined to recognize a press specific right of access to government controlled information or facilities beyond what the public receives. Furthermore, the third circuit court of appeals, which has jurisdiction over New Jersey, has officially recognized that filming police officers in the course of their duties is a constitutionally protected activity. In the 2017 Third Circuit case of Fields versus City of Philadelphia, the court upheld the right to record the police and specifically noted that quote, "Today, the first source of information from the scene of a newsworthy event is frequently an ordinary citizen with a smartphone." Furthermore, in 2021, the New Jersey Attorney General issued Law Enforcement Directive 2021-11, which specifically states that a bystander has the same right to record as a member of the press in public settings such as sidewalks and streets, and instructs that officer should not tell a person that recording police activity requires a permit or officer consent when the person is lawfully present and not interfering with officer safety or lawful duties. Accordingly, when a person is standing on a public sidewalk, there is no general legal requirement to possess a press pass to film. And Mr. Dodie is correct that there is no meaningful constitutional distinction between a credentialed journalist and an ordinary citizen regarding the right to record in public. Now, following their exchange, Officer Whitley radioed for a supervisor to speak with Mr. Dodie. And after waiting for several minutes, Sergeant Robert Champullian arrived on the scene. muting to talk to officer Whitley. >> No, he just just arrived. >> Okay, I I'll speak with him. >> Come on. Yeah, >> so he's just recording. The owner of this business did not want him recording in front of the uh his business. >> He's on a public street. I mean, he's on a sidewalk. So, I just want to let you know that's all. >> We're good. Yeah. Okay. Just do me one favor. Just please just don't block the door though. That's all. I >> I haven't blocked the door until just this moment. >> That's fine. No, that's fine. That's all. You could keep recording and everything. That's fine. >> Yeah. No, he's allowed to record in public. >> No, no problem. >> Yeah. >> So, I just wor he's allowed to record to public place or whatever, but I just told him to move from in front of your door. >> I appreciate He was He was I have the video. He was he started on that corner and I was like, "Are you pointing the camera over here? I was watering my flowers >> and he was like, "Yeah." And I go, "What?" >> Or somebody just wants to antagonize somebody so that he can Yeah. So he could try to make some type of trouble. >> I think he was out here having a fight with his son yesterday. >> Mhm. >> Or at least some younger person. I don't I just was happen to be observing cuz they were sitting That's his car, that Subaru there. >> Um and it was there was an altercation with those two. There was physical. So I don't know if it stemmed from that. Why you be harassing me? I stay >> uh above. >> There's people that's bored and just do stuff like that. >> I have this open area so that I don't have any funny business going on here. You know, that's how >> I want to be ahead of anything that's, you know, >> yeah, >> you know, I pay my dues. >> So he could probably try to put it on YouTube. Oh, the police are harassing him. Any type of stuff like that. So >> yeah. So he is right in my office. So I mean I don't you know that there's a hippo laws that that say you know we have to keep the privacy in my patient and I don't know if that's the privacy aspect that people are looking for. >> Please do not record inside my vehicle that you cannot do. >> People are looking >> Please do not record inside my vehicle. That you cannot do. That you cannot do. You cannot do >> Don't touch me. Do not touch me. I'm asking I'm asking you do not touch me. Get back. >> Record inside my vehicle. >> Step back. >> I'm not going to let you record inside my vehicle. You cannot do that. >> I can and I will. >> I am not underrest. >> You're getting sued, mother off me. Give me another unit for resisting. Thanks, huh? >> Good. Asbury Park. >> Yeah, you this is what you wanted anyway. >> Nice. >> This is exactly what you need. >> You better get me a ambulance. You >> copy. >> Turn around. You piece of >> Turn around, sir. Off me. >> Turn around, please. Sir back. >> Put your hand behind your back. >> I have done nothing wrong. >> Put your hand behind your back. You're resisting arrest. Stop resisting arrest. I did not do anything illegal. >> Inside my vehicle, what you know did not comput anything illegal. >> I did NOT DO ANYTHING ILLEGAL. >> After noticing Mr. Dodie filming the inside of his patrol car, Officer Whitley rushes outside, confronts Mr. Dodie, and orders him to stop filming the inside of the vehicle. When Mr. Dodie refuses, Officer Whitley places him under arrest. Traditionally, the Supreme Court has viewed visibility from a lawful public vantage point as a dividing line between what the government may observe and what an individual may reasonably claim as private. In the 1967 Supreme Court case of Catz versus United States, the court explained that any information a person knowingly exposes to the public is generally outside the scope of Fourth Amendment privacy protection. All information that a person takes steps to preserve as private may receive constitutional protection. The Supreme Court applied that concept in both the 1986 case of California versus Soral and the 1989 case of Florida versus Riley where the court upheld officers warrantless observations made from locations that the public could lawfully occupy and emphasize that the constitution does not require the government to ignore what is plainly visible from a lawful vantage point. Now, while these cases largely focus on individual privacy, the underlying principle is that the Constitution does not treat information as meaningfully private when it is knowingly exposed to public view from a place that the observer has a right to be. Furthermore, as mentioned earlier, the third circuit court of appeals has directly upheld a citizen's right to record police officers in the performance of their official duties and established a broader underlying principle that when officers carry out official duties in public view, the public generally has a protected right to document what they can lawfully observe. However, it should be noted that this right is not absolute and the Supreme Court has long allowed the government to impose reasonable contentneutral time, place, and manner restrictions in public settings. In other words, even in the context of a citizen lawfully filming from a public location, there are some instances where their speech can be restricted, such as directing a bystander to step back if their position creates a real safety risk or materially impedes police duties. That said, what is far harder to justify is a categorical rule that the public is not quote unquote allowed to record a particular subject from a place that they have a legal right to be, especially where the recording is passive and does not involve physical interference. As mentioned before in the New Jersey Attorney General's very own law enforcement directive, the Attorney General recognized the First Amendment right to record police conducting their official duties in public and explicitly noted that a bystander has the same right to record as a member of the press so long as the bystander is lawfully present. Accordingly, it is highly unlikely that Mr. Dodie could be lawfully arrested for merely recording the inside of Officer Whitley's patrol car. And there was a strong argument to be made that it was officer Whitley's responsibility to shield whatever confidential information was in his possession from public view. >> I am not for you to push the boundaries. >> I did nothing illegal. Not one thing illegal did I do. I am not under arrest for anything legal. You have no legal right to [ __ ] arrest me. And he used way too much force. Way more force than was necessary. >> Okay. >> You see the blood running down my face? Youing piece of >> You're aing piece of Get the away from me. Get the AWAY FROM ME. I DON'T WANT HIM NEAR ME. >> Stand up. Come on. Come on. You talking to me earlier. No problem. Walk with me. I got you. Come on. >> No. Listen. My son is over there. >> Get me a medic right away. I am not going to get too big. I know it wasn't what you wanted. >> No, it's not what I want. >> You want to get a reaction? >> It's not what I want. Now you got a reaction. >> It's not what I wanted. >> So annoying. >> And then you went into his car. >> He started recording. He goes starts recording inside my car. You know, you cannot >> they cannot see the uh MDT that's in our car. >> You can't reach in your car. >> No, he didn't know. He put the camera starts recording what's inside my car. You know, this is confidential uh stuff that's in here. >> Watch your head. Thanks, sir. In the name of the headquarters. Let me get your shoes for you. All right. >> Mr. Dodie was arrested and issued summones for obstruction, disorderly conduct, resisting arrest, and harassment. Immediately after being processed and released from the jail, Mr. Dodie began filming in the lobby of the Asbury Park Police Department, which is located in a section of one of the city's municipal buildings. >> Sir, you can't film inside of this office. >> Oh, sure I can. >> No, you can't. >> Yeah, absolutely. >> No, you can't. There's a directive and you can be arrested for that. >> Where is that? >> You cannot film inside the office. >> No phones or electronic devices in this area. I'm not in the area though. >> Okay. I've asked you and you >> I'm reading it. >> All phones and other electronic devices must be on silent mode at this customer service area within this immediate area to photograph or record or live stream office space or court space operations. So >> within this immediate area, what does that mean? >> That means this office, you cannot film inside of the office. >> All right. All right. >> I won't film in the office. >> That's fine. Thank you. >> I don't think that's legal, but >> Okay. You can contact the presiding judge. >> Yeah. Yeah, we'll take it up with the judge. >> Okay. >> Appreciate it. >> Thanks for your time. >> Do you need help from the court? >> Not at the moment. >> Okay. Do you need the police or first aid? No, they're the ones who [ __ ] me up >> for doing it. I >> cannot film. >> I understand that. Jesus Christ. >> Please leave. Come on. >> Get your hands off. >> Looking for you. >> Get your [ __ ] off. >> Would you like to the hospital because you're still injured? >> [ __ ] cops are ridiculous. >> Come on. No. Come on, sir. The young lady and you got coffee stains all over your shirt, sir. You might need to clean yourself up. the young lady first and she did not she called me and she informed me that I'm not allowed. >> Okay, so now >> and we just had the discussion. You got enough information. >> We just had the discussion with >> the rest of the building. >> I can record whatever the I want. >> Let's go. But don't get loud. Otherwise, everybody here is going to feel alarmed. >> A a shame. Shame that they feel alarmed. Isn't that a pity? Isn't that a pity? >> Let's go clean your shirt. >> It smells like you need a shower. Yeah, because you're scummy. >> Sorry. Why were you so angry? Why? Who were you fighting with in front of the bestore yesterday? >> I wasn't fighting. >> They were. You know, there's somebody looking in your car. >> I wasn't fighting with >> waiting for you at your car. >> Yeah, it's my son. >> Yeah. >> Yeah. >> And the store owner and witnesses said that you and somebody were fighting each other in front of the store yesterday in the car. Who were you fighting? Is that where you got the injuries from? >> No, I got the injuries from your officer. >> Okay. Do you want to make a report of what happened yesterday with you and that individual? >> No, there was no fight. >> Are you sure? >> Yeah, I'm positive. Why don't we call it a day? Okay. You're obviously irritated. >> Obviously, >> you're obviously irritated and >> irritated and you're angry with the world. Okay. >> So, why don't we go clean ourselves up? >> Why don't you just Why don't you just leave me alone? >> Okay. Just leave me alone. >> Okay. Don't bother me and I will be quiet. I won't All right. I won't record in there. I understand that. >> I understand that. Okay. >> You need to get a light. You need to shut the up and get a life for yourself. >> After a few more brief exchanges with Lieutenant Townsen, Mr. Dodie was picked up from the municipal building and left the scene without further incident. In his original video, Mr. Dodie stated that he went back and apologized to the workers at the records department the following day and that he was acting erratically due to a concussion that he suffered during the altercation with Officer Whitley. Mr. Mr. Dodie also noted in the comments section of the original video that he intended to enter a not-uilty plea and as of the date of writing this episode, the charges against him are still pending. Mr. Dodie also noted that he intends to pursue a civil case once his criminal charges are resolved. Overall, Officer Whitley and the other Asbury Park officers get an F for demonstrating fundamental misunderstandings regarding the right to record in public, for maintaining a hostile and confrontational attitude throughout the encounter, and for escalating a non-issue into a completely unnecessary and likely unconstitutional arrest. As discussed earlier, a person standing on a public sidewalk generally has broad latitude to record what is visible from that lawful vantage point, even when the recording makes others uncomfortable, and that point was not ambiguous on the scene. Multiple officers, including a supervisor, confirmed that Mr. Dodie could continue recording from the sidewalk, and Officer Whitley was specifically advised that the business owner's privacy concerns did not create legal authority to order Mr. Dodie away or force him to stop filming. At that stage, the officers had effectively resolved the call by correctly recognizing that being filmed in public is not by itself a crime. The encounter deteriorated when Officer Whitley appeared to abandon that principle the moment that the camera was pointed in a direction that he personally disliked. Mr. Dod's conduct did not materially change in any meaningful way. He remained in a public place and he continued recording from a lawful vantage point. What changed was the target of the recording and officer Whitley's response suggested that his concern was not interference or public safety but the feeling of being quote unquote challenged or scrutinized. The officers had a clear nonviolent non-arrest path available. Maintain space, communicate calmly, and if there was a legitimate operational concern related to the cruiser, then address it with simple protective measures and clear boundaries instead of treating the recording itself as a crime. Instead, Officer Whitley escalated the situation immediately with a confrontational attitude and a direct order to stop filming, followed by a rapid shift to handson force when Mr. Dodie refused. Even viewing the facts in the light that is most favorable to the officers. Their escalation appears to have been punitive and disproportionate when compared to the minimal risk presented by a person who's filming from several feet away. As discussed before, public officials do not get to convert protected recording into a jailable offense simply because they find it invasive, irritating, or disrespectful. And this arrest appears to have done exactly that. Sergeant Shampulan's conduct also warrants severe criticism. He reportedly provided the correct guidance that Mr. Dodie could record from public and that the business owner's discomfort did not override that right, but then later returned and assisted with an arrest based on the exact same core activity. This interaction highlights just how quickly lawful public oversight can be treated as a personal offense and how that shift in mindset can turn a resolved low stakes call into a confrontational escalation and unavoidable arrest that undermines both constitutional policing and public trust. Mr. Dodie gets a B because although he was likely within his rights to film both the exterior of the business and the interior of Officer Whitley's patrol car, there is a legitimate argument to be made that he violated New Jersey's resisting arrest statute and he failed to meaningfully invoke his right to remain silent at any point during the encounter. As discussed earlier, filming from a public sidewalk generally falls within the kind of public observation that the First Amendment is designed to protect, even when the subject finds it intrusive or unpleasant. On that front, Mr. Dod's strongest quality during this encounter was that he remained in a lawful public place, and he recorded what was visible from that vantage point, which is exactly the type of conduct that should not be treated as inherently suspicious or criminal. However, being legally quote unquote in the right on the recording issue, that does not insulate a citizen from secondary charges that arise from how an arrest unfolds. Mr. Dodie was charged under NJSA2C29-2, which criminalizes purposely preventing or attempting to prevent an officer from affecting an arrest. That statute also substantially narrows the ability to justify physical resistance by arguing that the underlying arrest was unlawful. In other words, that structure creates a predictable prosecution advantage in cases where the video shows a physical struggle during handcuffing, even if the underlying arrest appears questionable. Here, Mr. Dod's audible insistence that he was quote unquote not under arrest, combined with any failure to promptly submit to handcuffing gives the state room to argue that he was intentionally trying to prevent the arrest from being completed. And that is exactly the type of ambiguity that resisting statutes are designed to capture. Mr. Dodie also undermined his position by speaking far more than necessary throughout the encounter. Even when Miranda warnings are not given, voluntary statements can still become evidence. And the safest approach during a rapidly escalating encounter is to limit speech to the essentials and clearly invoke the right to remain silent if an arrest becomes likely. In addition, vulgar or reactive commentary may feel emotionally justified in the moment, but it very rarely helps in court, and it often becomes the soundtrack that prosecutors use to frame intent, defiance, or escalation. Now, while Mr. Dodie did admit that a head injury may have influenced his emotional state, I would caution others in a similar situation to remain as calm as possible at all times and submit to an arrest regardless of its perceived lawfulness. And finally, while Mr. Dod's conduct may have been lawful, his auditing tactics raise strategic concerns that are separate from constitutional rights or philosophies on freedom. Bringing private citizens into confrontational quotequote camera battles predictably escalates tension. It increases the chances of a 911 call and shifts the encounter away from documenting government activity and towards provoking a civilian reaction that law enforcement then feels pressured to quote unquote resolve. Even when a citizen is within their rights, tactics that intentionally appear suspicious or antagonistic, they tend to shrink public sympathy and increase legal risk, especially when the situation turns physical. While I do commend Mr. Dodie for standing firm on his rights, this interaction highlights how a person can be correct on the underlying constitutional principles and yet still create avoidable criminal exposure through needless escalation, overtalking, and resistance during the arrest process. 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] [music]