I'm asking you to please step off. Okay? Please step off the private property. >> I get what you're saying. >> go take care of your business. Could you smile? Do you have an ID on you? Mhm? Do you have an ID on you? Here. Just standing on the sidewalk filming, police immediately demanded ID. But didn't realize that very action would put them in the wrong. Did I say you're free to leave or anything like that, or say you're not free to leave? Are we detained, or are we free to go? >> I'm just talking to you. I've asked if you have an ID. Yeah, everybody has an ID. I need to get a couple more pictures >> Okay, but if you refuse to leave, it will be trespassing. Okay, you got your ID? Yeah, I do. Okay. They thought they were in control of the situation, but in reality they were recording evidence against themselves. Right at the public works building in Oakland, a citizen simply picked up a camera to take a few photos. But within seconds, a police officer suddenly appeared and claimed it was private property. No signs, no fence, so what's the truth? You good? What was that? You good? I'm good. Appreciate it. >> You an employee here? What was that? You have your ID? I I do. Okay. Can I see it? Do you have yours? I have mine. Let me see it. This is private property though. You can't be taking pictures out here. Why not? >> Unless you're an employee here you can't be on this property. I'm just getting a couple pictures of the of the vehicles. All right, well, you can't be out here on this private property taking pictures. Why? >> do it from the street, by all means. But private property. Okay. Well, I didn't know it was private. Yes, it's private property. Okay. Well, let me just get a couple more and then I'll be on my way in a couple minutes. You can do it from the street. Yeah, I'll just get a couple more and then I'll from the street, but not on here. I'm going to have to ask you to leave the private property, please. Got you. I just want to get a couple more and then I'm out. I've just got to get some angles. >> step off the private property with that picture, please. Yeah, I get it. I just want to get a couple more of the angles. >> pictures. [music] Why not? >> Not from here. Not on private property. >> It shouldn't be an issue. Okay, sir, I'm asking you to please step off the private property and not take pictures here. You can do it from the street. >> Well, where where does it say this is private property though? The driveway entrance is where the start where the private property begins. Nothing says that. Okay. Sir. Is it Is it supposed to be posted? No. Do you all those other ones have to be posted? When the entrance to a private to a driveway Mhm. marks the beginning. Do you see every house that says private property when you go into the driveway? No, because the expectation of privacy begins when you enter that driveway. Okay? So, I'm going to ask you to please step off the private property and take your pictures over there. But I got to get some info from the office, okay? Well, then go get some info there. Well, I will, but I'm going to take a couple more pictures. >> asking you to please step off. Okay? Please step off the private property. >> I get what you're saying. >> take care of your business. I'm I'll go take care of my business, but I'm I'm going to get a Go take care of your business without taking pictures. I need to get a couple more pictures of the vehicle. >> it will be trespassing. If that's what you're going to do As the officer kept insisting this was private property without providing any clear basis, the tension quickly escalated. Within minutes, it was no longer a one-on-one exchange. Multiple police units began arriving, pushing the situation in a completely different direction. He said I could take pictures. >> No, it doesn't. Yeah, it does. >> Okay, you got your ID? Yeah, I do. Okay, let's go ahead and have your ID. Well, let me see yours first. Sir. What's your name and badge number? >> Officer Dela Vega, 8867. Okay, I'm going to ask you to please take care of your business. I'm ta- This is part of my business. >> Taking pictures is not part of your business, okay? It is. I need to get some shots for a story I'm doing. Go ahead and send out somebody. Um yeah, you can talk. This guy's crazy. You said I can go in the office, right? >> But I'm just saying You said I could go You said I could go to the office to get papers. >> If you're taking care of business, because that's >> Okay, this is part of my business. That's what you don't get. That's not your That's your opinion, and that's not your authority to say that. >> to please go ahead, take care of your business but please don't This is part of my business. This part of I told you this is not private property. Okay, let me take care of my vehicle. I'll be right back. Yeah, go get your your Hey, I would go I would go read up on it a little bit, huh? Yeah. This guy's crazy, man. This isn't private. This is wide open. This guy has no clue what he's doing. He just told me he's getting his vehicle. He just told me I can go to the office over here. This is all wide open. Nothing stopping you. It even has visitors parking. Which means that I could be over here to do this, so he's obviously going to get violent, put his hands on me. He just skirted off somewhere. So I'm just going to go ahead and stay here and keep taking pictures. And uh actually, I'm going to go No, I don't want to go live because he might be here before I go live, so All right, all right, what's going on everybody? I'm live right here taking pictures. I have this officer that I just took a video of telling me I can't be here. This is wide open to the public. He's already told me I can go in the office right there, and now he's pulling up. >> As more officers arrived, the situation seemed like it would be brought under control. But in reality, it only grew more tense. The demands became more aggressive, the tone more forceful, while the filmer stood firm. And then, as questions about authority and legality reached a boiling point, a direct confrontation was about to erupt. Let's take care of your business at your building that you have to take care of. Okay, but in here this is where the private property is. It's time for you to take care of your business. You just told me I can go in the office, right? Can I go? And actually, they close at 3:30. So, now they're closed. Yeah, but this is open. There's still visitors parking here, all kinds of stuff. So, I need to get some pictures I can take pictures in here. You have your ID on you? I do I've told you already I I do have my ID. And what is your name and badge number? Oakland Police Department? Okay. Officer Dela Vega, Oakland Police Department, is telling me I can't take pictures in here. I'm I'm saying you can't be I can. I can. This is open. It's wide open. No fence, no gate, no nothing. No no trespassing signs, but that is a city property. On top of that, I'm here taking pictures because the owners of the building asked me to be here to take pictures. So, why don't you Why Why don't you hop along, okay? Where's your ID at? I need I need to see your ID like the one you're asking me for. What's your badge number? 8867, sir. 8867? Okay, cool. Go back to work, man. This guy is something else. So you're obviously uneducated in this aspect of the law. I just suggest you go back to work. You already done more than you need to do, right? Trying to intimidate me out of taking a picture. You didn't intimidate me? Okay. Well, either way, I'm going to continue to take pictures, [music] so Officer Dela Vega. As the confrontation reached its peak questions about the law and authority kept coming. But the answers grew increasingly vague. The atmosphere became suffocating with every word and action under scrutiny. And then, in a single moment, everything began to shift in a way no one expected. No, I'm good. No, sir, please stand back. No, I'm good. I'm I'm good right here. No, sir, please stand back, and I don't want to ask you again. I I get it, but Am I being detained? I'm not behind you. I'm in front of you. Am I being detained? >> Please stand back. I'm talking to him. I get it. Am I being detained? Sir, please stand back. Am I being detained, man? Okay, then if I'm not being detained, I'm free to stand wherever I like. I can. What law is that? What law is that? What law is that? What's your name and badge number? Okay. And what law is that I can't walk up? What law is it? I don't care. What law is it? I'm not being detained. I'm free to move around. This isn't private property. No, it's not. This is I don't need to look it up. It's public. This is the public works building, City of Oakland. At this point, he's been identified, so we're good. Ignorant. And what incident is it, Baker? And what penal code is it that I can't walk up while you're talking to another officer? No, no. Not a penal code. I could I could Yeah, it's your job to watch me. It's not my job, and I don't have to. I don't have to. There's no law saying I have to abide by that. Who are you to ask me? Turn around. Give me your ID now. You're not doing it, right? Same same way I don't have to do it. So, calm your your emotions down. I understand you're emotional. It doesn't I can walk a circles around you. I can do all this. See, this is nothing wrong with me doing any of this. I can lean on a car, see? I'm leaning on the car. This is not a crime. I can do I can go sit on the hood of the car. So, you can't tell me to do something and I have to listen to it, okay? Do you understand that? Do you get this now? I'm being respectful, but you need to calm down. Okay? They say this is private property and I can't be here, that I've been identified, so we're good. As the demands reached a dead end, it seemed like the situation was coming a close. But at that very moment, the officer's demeanor began to shift, no longer as tense as before. And what happened next would take the entire situation in a completely unexpected direction. What is it? Smithers? Smitherton? Cool. That works. No, I'm good. I just I'm documenting names before I Yeah. Look, she's She's got her body cam. No, we're we're good. I just wish that your office your officers It seems you like you're a corporal, two stripes. So, it seems like your officers need to I not questions, more of a comment. I think your officers need to be schooled better, right? To tell me I can't be here? But you clearly have visitor parking. Tell you you can't take pictures when anything in plain view can be taken a picture of. And you'll see the video before this guy's He was really really close to putting his hands on me and trying to cuff me or something. He's lucky he didn't cuz now I'm live. Right? And I have I have almost 1,300 people right now watching. So, the And then this lady saying I can't walk up. I I You don't need to ask permission. We're in public. You're You're This This officer saying I can't walk up while they're talking and trying to get No, no, no, no, no. That's That has nothing to do with it. Officers can request, but she was also getting really amped up. So, train them. Go get to it. Do that. I'd appreciate that. Find that kid. No, find that kid. I appreciate it. Okay. Good to meet you. Find the kid. Uh Dale LeVias said I've been identified, so you guys will see. I just say goodbye is good. Take care of yourself. I appreciate the professionalism. Baker! Come talk to me, Baker! So, this lady is real emotional, Bay Fam. She was tripping out cuz I walked up to hear what they were saying. >> [music] >> And that's typical of what we see with officers, especially sometimes female officers. How she got really excited and hyper really really fast because they feel like they have more to prove than the other No citation, no arrest, no charges. Just one clear reality. Everything that happened before had no solid legal basis. Is this just an isolated incident? Or is it happening more and more out there? Up next, on what seemed like an ordinary sidewalk, two men simply held cameras. But uneasy looks from inside signaled that this wouldn't end there. It look like somebody coming, you guys. Oh god. You said who did what, sir? I didn't hear what you said, the the wind. Ah, it's okay. It's It's going to warm up as the day goes on. Just getting license plates and doing facial recognition and all that. What for? Uh we can't really get into it. Our just our boss sends us out to these places and tells us we have a job to do, so we just have to come do it. Interesting. Yeah. We're not going to go like in or on you guys' property. Okay. We weren't even going to be long, just like a couple hours. A couple hours? Yeah. Interesting. Yeah, we're just getting everybody's license plates and faces and Who are you guys with? Just ourselves. It's just us two. Are you the Who's the leader of this organ Who's the leader of this operation? I I My boss. Huh? My boss. >> Who's the king here? I don't think anybody. You don't have a king? No. Who's the leader? Uh God? The leader of this operation? Oh, no. Not Not of this operation. He said God. That was a good That was a good answer. That was a good answer. Um you got a couple workers. Can they come closer so I can get their like facial Just doing facial recognition. They They're a little bit too far away. I was hoping they could get a little closer. If they want to, Yeah, could you ask them? Yeah. Yeah, yeah, yeah. Could you smile for us real quick? I appreciate you, sir. Good spirit. Good spirit. After what seemed like a harmless exchange, things began to take an unpredictable turn. The questions grew deeper, the atmosphere more tense and cautious. And then, one decision changed everything. This was no longer just a normal conversation. Oh god. You said who did what, sir? I said how's it going? Ah, it's okay. It's going to warm up as the day goes on. Uh okay, so Yeah. Uh Yeah, that's all right. Uh so Anyway, I'm one of the owners here. And uh Sonic has a really strict like no video, no picture policy, so we're going to ask y'all if you could leave. If you could turn your head that way a little bit, That's all right. We I I don't know his name. He was very respectful and cordial, but I let him know that we had no intentions on going in or on your on you guys' property. And we wasn't going to be long, just like a couple hours. We're not going to speak with anyone. Right, but you are on the property and we We just have a no photography policy. I'm sorry. Right now, we're on your property, sir? Cuz I'm not trying to be on your property. Right. Where are you guys going to To the street. Yeah, we take care of all the flower beds and everything. Oh, okay. So, where does the public walk at? Well, let me ask you this since you are here. What is you guys' Wi-Fi password? We don't have a public Wi-Fi at all. You don't. So, there's no way for us to upload these pictures. That's what I was saying. What is you guys' password, though? We We don't have Wi-Fi. I'm And there's no Wi-Fi in there? No, we don't We don't give that out to the public. It's Yeah. I'll give you 20 bucks. I'm just trying I'm just trying to connect to your network, sir. If I connect to your network, Yeah, there's no way for us to upload the And again, you guys, we're not We're not trying to, you know, do anything. We're just standing right here peacefully. No, we're not. I I I don't have a problem with what you're As things began to spiral out of control, the tension became razor tight. Simple questions now raised serious issues about authority and legal limits. And as the conversation reached its peak, what followed would make you wonder, who is really in control here? It look like more police just showed up, you guys. Oh god. You said who did what, sir? How you doing, sir? Good. What's going on? W- What do you mean? I I didn't call you. >> out here on the property? They've asked you not to be here, it sounds like. Did you speak with them, sir? >> They called in, otherwise I don't just show up on random stuff. So, I spoke with the guy. Right. I let him know that I have no intentions on going in or on his property. That we're just standing on the sidewalk just peacefully recording. What are you doing it for? Just recording. Just recording? You're not working with a company like you told him? You said what? >> You're not working with a company like you told him? We're just recording in public peacefully. You told him you were with a company? We said we was working for a boss. Who's your boss? I can't really get into it. Why not? We're just trying to Could you smile for the camera just real quick? What for? Just We're just trying to see who has the prettiest smile. Well, I don't think this is the right place to do it with people in cars. >> a lot of people smiling. Sure. Yeah. Could you smile? You have an ID on you? Hm? You have an ID on you? Here. I got Uno cards. You don't have an ID? Here's a reverse card. Would you like to take a look at this, sir? That's not what I asked you. I asked you if you have an ID on you. It's It's It's It's the Fourth Amendment. Right. Unlawful seizure, right? Yes, sir. Am I seizing you? Did I say you're free to leave or anything like that or say you're not free to leave? Or are we detained or are we free to go? >> I'm just talking to you. I've asked if you have an ID. Yeah, everybody has an ID. Okay. Can I see it? >> going to see it. Okay. So, what are we >> What's your name and your badge, sir? Sergeant He's Thomas. Oh, it's a sergeant. This This is who we need to speak with. It's a sergeant. What's your name and your badge? I didn't get that. >> Sergeant Lenz. I'll do you smile. 349. As the conversation seemed to reach its peak, the demands began to ease and the tone softened. But that's when the small details started to surface, raising a bigger question. Was any of this ever what they claimed it was? Sergeant Barnes, we're just standing on the sidewalk. Okay. We told the guy we have no intentions on going in or on his property. They're concerned about facial recognition. We're just trying to recognize beautiful smiles. Before we talked to him, why'd you park like that? Well, it's private property. Yeah, but you're kind of blocking blocking people and uh disturbing people? We haven't spoke with anyone, sir. Well, clearly, I mean, somebody's called about being disturbed. Well, we're exercising our First Amendment protected activity. >> this gentleman right here is very concerned about disturbing other people. When y'all are out here disturbing What did I say What did I say about disturbing? Well, you said that person couldn't get out. He's disturbing where they're parked. >> That's That's blocking somebody. That's not disturbing. You're blocking. Well, what's the difference between blocking and disturbing? Hey, let me ask you this, Sergeant Lenz. Uh-huh. What rights do we have in this situation that you was here to defend? Am I here to defend your rights? What rights do we have in this situation on a public sidewalk that you are here to defend? I don't think you have a right. They called me because you are disturbing the peace. >> have a right, sir? Did I say that? You just said that. >> Did I say that? I well, I'm asking you. >> so you can play it back. I didn't say >> Okay. So, I'm asking you Am I here to defend your rights? What rights do we have in this situation on a public sidewalk that you are here to defend? I don't think you have a right. They called me because >> Don't have a right, sir? Did I say that? >> You just said that. >> Did I say that? I well, I'm asking you. >> You're recording, so you can play it back. So, I'm asking you what rights do we have right now in this situation on this sidewalk that you are here to defend? >> Have I disturbed any of your rights yet? But what rights do we have? He said yes. I'm just saying what But what I'm saying is what rights do we have in this situation that you're here to defend? Have I disturbed any of your rights? So, are we detained or are we free to go? >> Free to go. Okay, thank you. Free to go, free to stay. We're not bothering nobody. We're not speaking to nobody except for the gentleman that came and spoke with us. So, clearly you are bothering somebody. All right, guys. You're free to welcome to record and do all that stuff as long as you stay on the sidewalk. He just doesn't want you on the property. That's it, okay. He said this was his property. Okay. And he did he said it too when you walked up. You said we standing on their property, sir. All right, guys. Guys. And after all the tension, everything ended in a very familiar way. No action was taken. No violation was proven. Just explanations and a quiet retreat. Citizens may file a lawsuit [music] against police under section 1983 if their rights are violated. Officers who violate [music] those rights could face financial liability and may also be subject to discipline or termination. A just society is not built on imposition, but on understanding, respect for the law, and responsibility [music] from both sides. Hey everyone. What do you think about this situation? If you enjoyed the video, don't forget to like, subscribe, [music] and support us with a donation. Thank you so much. >> [music]