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What's your name, sir? Who are you? I'm sorry? That's not that That's not the way this goes. Who are you? I'm Sergeant Barry McIntosh, Fort Wayne Police Department. How are you? Good. What's your name? I didn't give it. I know. I want to know what your name is. >> I don't care what you want. That's not That's not That's not the policy. I I I don't I don't care. Then then why don't Why don't they come out here and talk to me? They will in a moment. Okay. Go ahead. Am I being detained? What's your name? >> Am I being detained? What is your name? >> Am I being detained? What is your >> I'm going to assume no. What's that? I'm going to say Hey, don't you touch me. Don't Don't you touch me. Public servant Don't touch me. Look, public servant, you don't touch me. You don't touch me. >> Or else what? >> You don't touch me. >> Or else what? >> I will file a complaint. >> You can file a complaint. >> Don't touch me. You're being live streamed. Nope. All right, stop. No. Am I being detained? Yes, you are being >> Am I being detained? >> I identify who you are. That's not the way this goes. >> Well, I don't care what you say. Okay. Excuse me, sir. Excuse me. I'm not No. >> Secret Service says they need to >> care. to identify >> I don't care what they want. >> Okay. The officers repeatedly detained the man on a public sidewalk while he films, claiming suspicion simply because his face is partially covered due to the cold, and he's recording near a presidential event area. A police officer may briefly detain an individual only if the officer has a reasonable and articulable suspicion that criminal activity may be a foot, supported by specific facts rather than a mere hunch. Here, no crime is articulated. Taking photos or videos from a public sidewalk is not suspicious activity, let alone criminal. Yet, the cops insist on holding him until Secret Service clearance, turning a consensual encounter into an unjustified seizure, and exposing their overreach when the auditor demands probable cause or release. That's not the way this goes. >> that. >> Show me the law. >> Okay. I understand that. Show me What What have I broken? What is your name? >> What law have I broken? Okay. We have to have a >> What law have I broken? It doesn't even close until 3:00. >> that. Do Do you understand that? >> What's your name? Do you understand that? >> What's your name? What is your badge number? 1647 >> I'm going to file a complaint with officer Reed. That's okay. And your internal affairs department. >> That's okay. You don't touch. You don't touch me. Okay. I did not touch >> Yes, you did. I have it all live-streamed between three cameras. Okay. Don't touch me. Not to mention the other ones >> Okay. that are watching you right now. Okay. Don't touch me. You have no right. Why won't you give your name? >> I have no I have no business to give you my name. Okay. I haven't broke What ordinance have I broken? What's your name? What ordinance have I broken? >> What is your name, sir? Have I committed a misdemeanor? What is your name? >> Am I being detained? >> Yes, you are. For under what probable cause? Okay. What is What is your RAS? Your reasonable, articulable suspicion that I've committed a crime. >> your face covered. It's cold outside. I have gloves on. It's cold outside. You don't have your gloves on right I can't operate the camera. >> You don't have your I've been doing this and sticking it inside my jacket. Well, you don't have to so cold. I've been alternating. It takes video Mhm. as well as uh pictures. I can alternate between them. So, I'm going to reach out to 600 on TAC 9 advise him subject is refusing to identify. >> I'm not refusing to ID. I'm I'm saying I haven't broken a law. >> He is not complying with our request for ID. >> Am I being detained? Yes, you are being Under what probable cause? >> The Secret Service is Under what probable cause? I haven't committed a crime. I haven't I doesn't matter. You have to if you have to detain me, then I'm leaving. >> not. What am I being detained for? Is that your name, is What am I being detained for? What am I being detained for? >> has cleared you. >> What am I being detained for? What's your name, officer? >> to identify you. >> What's your What is your name, sir? My name is Detective Tagmire. What is your badge number, sir? >> 0574 Thank you. >> What is your name, sir? What reasonable articulable suspicion? Why don't you get the chief down here? Chief is busy. Well, tell him tell Mr. Reed to come down here. He knows who I am. Tell the chief to come here. 600 620 Tell the chief to come here. Let the Secret Service know that uh the subject is failing to identify himself. >> I'm not failing to ID. Uh refusing to identify himself. >> I'm not under 34125 3.5. That's not it. It's not failure to ID. You haven't told me what crime I've committed. Okay, just a second. I don't want >> with No, they're talking in my ear. You're not going anywhere. Don't touch me. You're not going anywhere. >> Why am I being detained? Why am I being detained? You haven't given me probable cause to for me to be detained. >> Just a second. I don't need probable cause. Yes, you do. You need reasonable articulable suspicion. That's right. Yes. What is it? What is it? What is it? Reasonable articulable >> What What crime have I committed? Of what crime? Right now we're not sure. That's why we're here. >> You can't hold me for you're not sure. You No, you cannot. It's called a Terry stop. No, then Terry frisk me. I don't need to frisk you right now. Okay. Don't reach in my pockets. I can That's not part of the Terry frisk. Unless I feel something that could be contraband or weapon, then I can. No, you can't. Correct. That's not a Terry stop. >> [clears throat] >> Sure, it is. Nope. It's a cursory search. All right. How dumb do you think the public is? I don't think they're dumb at all. Yeah, I've got three officers here. I think they're anticipating >> Yeah, three officers. I'm out here taking video and pictures. Where's the crime in that? We're just following >> Where is the crime in that? >> as requested by Then tell them to either come out here and I'll tell them the same thing I'm telling you. >> their way, sir. For taking pictures. My camera has 42 power zoom lens. You couldn't have got your pictures across the street? I can get them from right here. It's the same public sidewalk. You could get them from over there, just So I could I could get them from Google Earth, but I didn't. I got them from over there. That's not a crime. It's not a crime. >> raises suspicion >> It doesn't matter for raises suspicion. It's not a crime. >> does. We are No, it doesn't. It's not a crime. It's not It's suspicious activity. Is that a misdemeanor or felony, sir? Suspicious activity >> It's misdemeanor Misdemeanor or felony? It's neither. That's right. It's neither, so I haven't committed a crime. No, but that doesn't mean we can't talk to you. Yeah, well, you can't detain me. That's the thing. What's a Secret Service advisor? You don't detain citizens, and you don't You don't touch them. You don't touch them. You don't touch citizens. I couldn't hear you. Don't get any closer to me. Or else what? You're invading my personal space. >> Or else what? What do you think is going to happen? You tell me. >> You tell me. You're the one who wants to lean in like you want to kiss me. >> Entrance number four. >> The only thing I can do is go backward into traffic. So if you're trying to If you're trying What What do you think I was trying to do till you decided to be Johnny-on-the-Spot and move over here? Until you try to be Johnny-on-the-Spot and prevent me from coming away from the street. You're not serving and protecting. Did you take an oath? >> go out to Did you take an oath to protect the United States citizens? Did you take an oath? Sir, I'm talking to you. Did you take an oath? Just a second. Did you take I don't care what you're doing. Did you take an oath? I'm talking to you, public servant. I'm talking to you public servant. Did you take an oath? Did you take an oath? >> I did. Did you uphold the Constitution? >> This is a First Amendment protected activity. So, why don't you get back in your car and get back to your job? This is not your job. >> second. Don't do that to me. I'm a You keep leaning in like you can't hear. So, I'm speaking up for you. I have two. I have two. So, what? I'm not hearing you over through this loud guy. So, yeah, just come to entrance four off of Parnell. Secret Service is there. I don't want to get pushed in the street. Are you You feel better here? I'm not going to be pushed in the street by you. Do you feel better here? >> Are you not going to lean in and try to kiss me? Do you feel better here? >> Are you going to not lean in and try to kiss me? Cuz that don't make me feel better. I couldn't hear you. Secret Service is coming. Just relax. Who is this jackboot? Who are you Who are you, sir? >> That's rude. Well, you're You're illegally detaining me. I have a right. You can't. If I touched you that way, even with a finger, even if it just touched your clothes, I'm going to jail. >> did that. >> I did not. >> jail? I did not. >> me? >> No. It's all on camera. I did not. As soon as the Secret Service clears you and then clears that you're no threat to the President of the United States, then you can >> I'm trying to be out of here before 3:00, before the road closes, so I get my car out of here. Do you want me to stay all night? No. Do you Do you want me to get video all night? Oh, heavens no. Then let me go. Are your instructions? >> Just a second. What crime have I committed? Okay. What crime have I committed? Am I being detained or am I free to go? You're being detained until the Secret Service clears What reasonable articulable suspicion do you have? You can't do that. You have to have reasonable articulable suspicion. What crime have I committed? >> That's what we're going to What crime have I committed? The man consistently refuses to provide his name, pointing out that he hasn't committed any offense and challenging the officers to cite a specific law or crime. States may require identification during a valid Terry stop based on reasonable suspicion, but only if the stop itself is lawful. Absent [music] that, no obligation to identify exists under the Fourth Amendment. The officer's failure to establish reasonable articulable suspicion means their demand for ID is baseless. And the auditor's repeated questions, what crime have I committed and am I being detained or free to go, force them into a corner, dismantling their authority as he refuses to comply with an unlawful order. What are we going What crime have I committed? >> All right, it's a broken record. It's going over and over. No, well, because I need to know. You can't articulate a crime. Why don't you just get the chief out here? He'll clear it up. No, he won't. Yes, he will. No, he has tasked us to deal with this. >> Well, you ask you go ask him to come here. No, he's busy right now. >> I'll identify to the chief. Okay. I'll identify to the chief. You get the chief out here, I'll talk to him. What's your name, sir? My name is Officer Adam Hartman, 1896, Fort Wayne Police Department. >> Okay. Thank you. Thank you for being professional, unlike these guys who have illegally detained me. And this guy decided he wanted to put his hands on me. Can you do something about that? Well, he is a sergeant. >> It doesn't matter. Can you please arrest this man some I'm not If you would like >> Well, well, I I am going to file a complaint, but but that is not it. Can you arrest this man for illegally touching me? No, I haven't witnessed any crime. I'll show you. I'll show you the crime. It's being live streamed as we speak. You don't touch citizens, sir. I've done nothing wrong. You don't touch him. Do you hear me? Do you understand? I didn't do anything wrong. Okay. I just got advised >> No [ __ ] Listen, there's no need to swear. >> Yeah, yes, there is because you can't illegally detain me. You You are You are You are illegally detaining me. >> You're allowed to mostly film >> You are Yeah, well, you said you can't leave. >> This orderly conduct >> you can't hear. I'm obliging you. Can you hear now? >> hear now. Listen, this is This is These are your options. Okay? Okay. I'm not I'm not willing to hear Am I being detained or am I free to go? Am I being detained or am I free to go? Am I being detained or am I free to go? Will you allow me to speak? Am I being detained? Once you answer my question. >> Yes, I'm going to give you what your options are. I I don't care what my options are. I have a right to leave. Am I being detained or am I free to go? Am I being detained or am I am I free to go? I heard the same thing you did. Am I being detained or am I free to go? You're being detained >> Under what suspicion of crime? I don't need to hear your lip. Am I being detained or am I free to go? That's the only thing that matters. >> has been secured and rendered by Am I being detained or am I free to go? If you are being >> Am I being detained or am I free to go? Am I being detained >> other side of the street >> detained or am I free to go? >> that? Am I being detained or am I free to go? >> Do you understand that? >> Am I being detained or am I free to go? >> Do you understand that? >> Am I being detained or am I free to go? >> Do you understand that? >> Am I being detained or am I free to go, sir? Your refusal to leave Am I being detained or am I free to go? Do you Do you need me to go ahead and sign language it? Am I being detained or am I free to go? >> Do you want me to say it in Spanish or French? Am I being detained or am I free to go? Which Which one? Entiende? >> Am I being detained or am I free to go? Okay. Am I being detained or am I free to go? Am I being detained? >> If you understand that, you are free to go. >> go? Am I being detained? You are free to go. Am I being detained, or am I free to go? Okay. Am I being detained, or am I free to go? You have to release me. You have to release me from detainment. You have to release me from detainment. It's not up for me to make a decision whether or not I understand something. It's up to you to release me from my detainment. Am I being detained, or am I free to go? >> Thank you, sir. I don't care to hear your lip. Okay. I'm not on the sidewalk. How's that? Okay. Have a good day. No, you have a terrible day, because I'm going to file a complaint with your department. Wouldn't be the first. I I I already know that. I already know that. I already know that. I I've heard your name before. I can't cross here. I'm just saying >> Are you Are you Are you going to escort me across? I'll escort Are you going to escort me across? >> I'll escort you across. >> Okay, let's go down here. How far down do you want to go? As far as I need to go, away from this guy who's who's trying I'll escort you across. No, I'll determine where I cross at. >> have a ticket though, you're still welcome to go in on the other side. Do you Do you still have a ticket? Or do you have I'm not answering any questions. That's fine. I'm just trying to Even though you've been professional. >> refusing you to enter the building if you have the ticket. >> Service hasn't written has not done that. Why are you following me so close? >> I'm going with the detective tag number. I mean, you're being watched. They're telling me that you follow me real close. Do you have your hand on your gun? Huh? Did you have your hand on your gun? I stand like this. Okay, cuz this camera's watching you. >> That's fine. It's perfectly fine. They can watch. >> What are you calling me? I don't know, John. I don't know what your last name how to I'm not answering your questions, but I mean, is that Is that Is that Is that a derogatory? Are you calling me something derogatory? I'm addressing you as John. Is that like John Doe? I want to help you cross the street, okay? When an officer touches the man despite warnings, he immediately calls it out as battery and reminds them it's all on camera while asserting his right to film. The First Amendment protects the right to photograph and record police officers performing their duties in public spaces, including from sidewalks where no reasonable expectation of privacy exists. Recognized in multiple federal circuits, the auditor's persistence warning against touching, threatening complaints, and live streaming shuts down the power trip as the officers backpedal, admit Secret Service will clear him, and ultimately fail to justify any escalation, proving that informed citizens armed with knowledge and cameras can turn abusive policing into documented accountability. Like and subscribe for more police cam stories. Watch the next recommended video clip to watch now.
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