So, am I detained now then? Am I detained now? I'm just doing some some GIS information. It is a felony? >> Absolutely. What what's Is that a statute? We weren't on the property. We're just missing. The police confidently claimed it was illegal, even a felony, until they encountered someone [music] who clearly understood their rights. You're being detained for just so I can verify the statute. >> Okay, so you suspect me of a crime? I I suspect that I'm pretty sure there's a statute governing the over the police department. When police threaten arrest without a valid legal basis, it is no longer law enforcement. It is conduct that can land them in court [music] under Section 1983. The videographer stood on the sidewalk outside the police [music] station. Just for holding a small device in his hand, he was about to find [music] himself in a situation he never expected. A tense confrontation right in front of the station. Am I being detained at all? No. No, I'm just stepping out to talk to you. You got the lights on. That usually is an indicator being detained. >> Yeah, you're not detained. It's on body cam. Not detaining you at all. I'm just talking to you just to just kind of see what you're up to. I just put the lights on so anybody coming out doesn't smash me. If they have if they have another incident, will they be able to get out with the car parked there? Yeah. Yeah, they'll be able to get out. I'll be able I'll make sure that that takes I got the radio so you You just take a picture of the PD or No, that's just from Google Maps in case you're concerned if I'm here, that's all. Yeah. Yeah, I mean obviously, you know, pictures are taken, satellite images are taken. >> Yeah. Yeah. You know, we do conduct training and things in there, you know, things especially when it comes to, you know, like tactics. I'm good. These are not mine as well, so I just want to let you know. In case you go that route, let's say these are beers. Um Officer Merritt, what what's your name? It's just a controller guy, I guess you could say. Controller guy? >> Yeah. Yeah. Well, what what brings you out here? I'm on the sidewalk. That's it. I'm going to take a look at something real fast. Pretty sure there's a statute that governs as far as with that FAA and drone usage over uh So, am I detained now then? Am I detained now? I'm just doing some some GIS information. >> Yeah, that's just a quick question. If you're doing a research, you suspect me of a crime, I'm guessing, right? I I I want to verify if there's a statute on it. I'm not I mean, you know, I didn't get into law enforcement immediately become 100% adept on all drone regulations, so I got to educate myself on it. >> Definitely. Uh if I mean, if you don't mind, just hanging out with me while I I do. I'm going to probably head back there and just get going, but uh do I already file a flight plan? What's your You filed a flight plan? Yeah, there's a At this point, >> [music] >> everything still seems like simple questions and explanations, but that very lack of clarity is quietly pushing the situation further. As both sides begin talking about the law, authority, and what can or cannot happen, a critical turning point is drawing very close. Do you have that with you or No, it's just filed with uh with FAA. FAA, yeah. How do you file a flight plan? Just through their through their portal, yeah. Yeah. Like similar to I'm a pilot, so you know, when we file flight plans, we call flight service station file flight plan. Yeah, definitely. How does it work with drones? >> It's the same It's pretty much the same way. It's just a portal in a database. You have your active pilot license now? Cool, very good. Same thing, you know, same with me. So, I mean, when I, you know, I was all over the phone. I file flight plans, we call FSS and file the flight plan. Yeah, you you check NOTAMs and Yeah, you get NOTAMs and do all that stuff and check ATIS. >> did it on the app. I guess I need to update my use of technology there. Yeah, cool. Very good. So, you have a a flight plan filed for flying over the police department? Yeah, I mean, it's everything's fine. There's If If I remember correctly and and there's no law You don't have any ordinances. You can't make any ordinances. The only one they can do is prisons. That's the ones that they can do for flying over prisons. Over here, it's a it's a visible gate. So, there's no I mean, there's a a fence, but you can reach over and look into it and just kind of like your code enforcement does. They look over fences and and peek in there. So, basically what what they've done is the FAA Modernization Act says that the government can't make any laws on recreational or anything like that for And if like I said, through the clear gated fence there, I mean, it let me do so. You got I mean, if that was a shielded gate and you had maybe a rape victim or domestic violence victim back there. >> what I'm you know, just full disclosure, that's what I'm concerned with cuz for instance, when we deal with any juveniles, juveniles are they don't go in the jail. They're prohibited from going to the Yeah, they have a separate juvenile detention facility. And as a result, when we bring juveniles in, we unload at the curb out in plain view and you know, we take them in. >> There's your magic word. You said out in plain view. Well, plain view as in, you know, behind the walls. Yeah. Yeah. So, I don't think you have any juveniles there, so I don't know if you can really explore that, but No, I'm just letting you know that's just one of the concerns. Yeah, but it's it's like I said, it's in same in public. You can get those information redacted and so on and so forth. So, yeah, I'm going to head out this way. If you have any If you want to check it out, you can. I'll be heading down that way. Yeah, I'm going to I'm going to check that out. That's why I verify the statute. Just hang out with me for a moment. >> I being detained now then? >> You're being detained for just so I can verify the statute. >> Okay, so you suspect me of a crime? I I suspect that I'm pretty sure there's a statute governing the over the police department. >> Okay. Right now, yes, I do suspect you of a crime. If there's no crime, then you'll be released. >> supervisor come down here as well? Yeah, absolutely. The back-and-forth arguments seem to clarify things, but in reality, they only make the situation more confusing. As the question of actual authority remains unanswered, the atmosphere begins to shift. And then, just one small detail will completely change the direction of the conversation. You don't have it. Maybe not for, you know, maybe a civilian or something, but it's it's not physically possible for me to know every single law that's been written. But you got to have confidence when you you take someone's rights away, right? To to stop them. You got to say >> And I I have confidence that, you know, there's regulations concerning, you know, privacy of the police department, you know, and it's simply just information collecting. You know, I want We want to make sure that for the safety of our off especially in So, it's information collecting, not a suspicion of a crime. I'm just trying to figure it out because >> of a if there's a crime there. I don't know where your drone's at yet, so I can't verify because you won't give me any of your You won't tell me who you are. You won't tell me where your drone's at. So, right now, there's a lot of things that I'm suspicious of. Suspicious. But I want I want to find that out if we can, you know, but the supervisor's on the way out. But you don't have any any type of like crime. You If you have YouTube, there's there's a good one. I think it's with a Florida Highway Patrol. Very similar situation like this. And I'm not doing this for that. That's not reason why I'm out here, but man, I don't know what the deal was, but uh We have you know, we have people hanging outside of a police department It's a public space. with the threats that we get against law enforcement. >> But is that a Is that a crime that I'm doing? It's a suspicion of it. You're a suspicious person Am I? out in front of a police What crime is Is there a statute like 78403 for suspicion? No. Is it loitering and prowling? If it was, then you'd have to read me my rights before you start talking to me, right? I'm not asking you any questions. No, yeah, you were. Where is it at? You just take a picture of the PD or Well, what what brings you out here? Where's my drone? A pilot flies and drives this. Yeah. Yeah, okay. But since since I told you that I wanted to do some research on what the statute was governing, just for, you know, if nothing else, both of us to have the 100% up-to-date information. But that's why I have to stay here and be detained to to because you don't know. Now it's you you want to talk to supervisors, so they're on their way. No, I mean, I don't need to stay and talk to them. I want to collect information on this suspicious incident out in front of a police department. But a suspicious incident is not a crime. That's Just when everything seems to be reaching a dead end, the silence and vague answers only make the situation more tense than ever. It's no longer just simple questions. Every word now carries growing pressure and suspicion. Do it before you fly. Is that the I just don't answer any other questions if you don't mind. Do you have any crime I'm suspected of cuz I need to get going. I'm a little bit late. Trying to verify that flight plan. Trying to verify the flight plan. Yep. Is that true before you fly? So, is that That's what I'm asking you. If you're If you're suspecting me of a crime still? Are you still suspecting me of a crime? I got to get going. So, you have you have you have state statutes or or city ordinances against flying a drone? I'm just asking you a question. It's But you Are you a federal officer you can enforce federal law? Tell me what federal law you enforce. Tell me what federal law you enforce. That's a state law. That's a That's why you can do it is because it's a state law. Just because they carry over and they mirror each other, doesn't mean that you can enforce federal law. You have state laws like that. So, I I don't know how long you've been on the on the force. I'm not trying to discredit you, but I don't know how you can enforce federal law. You can enforce a state statute that that mirrors a federal law, but But that's what I'm asking you. If you suspect me of a crime, I need to get going. I don't think you have one. You don't have one. You're still fishing for one. That's all I'm saying is to you is that I if I can't get going, I got to get going. So, is that's what I'm asking you. Is there a crime that's suspected cuz if you don't, I got to get going, sir. I'm not If you know, you I don't I don't have to answer your questions if you if uh if that's the case. But all I just want to do is get going if you don't have a crime. If you don't have something in Florida statutes from the 39s all the way to the 1000s, just let me get going. I can get going. Your supervisor's going to take too long. I don't want to wait for him. You're advising me She's not coming out and since that was what you requested to do and you no longer want to do that, if you want to get on about your way, you're fine. Thanks, sir. Appreciate it. There may be some other people coming down here flying, so just be be aware if you want to research it, that'd be the best thing to do. I can't fly a drone for 30 minutes. This thing's charging my phone. That's all this is doing. Silly. No clear charges. No legal action taken. Yet, that very ambiguity leaves a bigger question. What really happened here? Citizens may file a lawsuit against police under section 1983 if their rights are violated. Officers who violate those rights could face financial liability and may also be subject to discipline or termination. Up next, just a camera and a few steps in a public space, but in less than a minute, everything begins to escalate in a way no one expected. Is there a parking right over here? No. Unauthorized vehicles beyond this point. So, Melbourne Police is uh they've got a pretty large police department. I believe they have a couple different uh substations. All right, as you guys can see here, they've got a keypad that you can bring yourselves in with uh some of these are siren activated as well. Uh and keypad up there. Uh but yeah, this is what uh this is what the side of the location looks like. So, you've got one vehicle over there. What's he got? Another one. Few in the back. Got the Police Athletic League bus over there. This is in. So, if you need to get an emergency phone, you can use this button right over here after hours. Uh use the intercom system. So, you push that for help. Police will call It's like calling 911. Uh we have this right here and then no tobacco use except in designated area. So, they're just applying uh Florida Clean Indoor Air Act on that. It's a little place. And uh number 360, cruising by. The initial interaction seems like a routine check, but the handling and attitude quickly make the situation increasingly unclear. As key questions remain unanswered and transparency comes into question, a critical shift begins to take shape. Do you have any weapons on you or anything like that? You don't mind showing your hands. You're just making me nervous like that. All right, who are you? Are you a police officer here? Why are you guys walking around all off? Are you a police officer here? I just asked you a question first. >> Okay, if your policy dictates that you should identify yourself, I'm asking our police cars and our personal vehicles. I wasn't, actually, but let me make that assumption. Okay. So, do you have a name, sir? I just want to ask you that if you're accredited, I just I don't want to file a complaint about not identifying yourself. What's your name, sir? I don't have to any obligation to give you my name. What's your name, sir? All right, there we go. We're going to get a complaint form. You get up there. Yeah. So, that guy right over there would not give me his name. Sorry about the shake. It's when you zoom in like that. Got three people on on phones right now. And sorry again, guys. I've got a good east wind coming right at me right here, so. As you can see, that sign right here, I'm going to stay on this side of it. Just that way. We're parking over there. Got a name yet? I can go and get your name, black shirt. You got your name yet? I don't have any obligation to get it. You can check 901.151. I just want your name, sir. The responses begin to grow more heated and the atmosphere shifts noticeably as both sides no longer share the same understanding of the situation. Just one more decisive statement will push things far beyond a normal exchange. And from that point on, everything will escalate in a way no one could have predicted. So, you've got your body cam on, sergeant? Do you have your body cam on? No, I don't. Okay. I don't know if you have to have one, so You cannot videotape Okay. You cannot take my video. If you do, it's a felony. I will arrest you. It is a felony? Absolutely. What What's Is that a statute? We weren't on the property. We're just on the Why are you filming and taking pictures? I'm going to grab a complaint form inside, you know. Thank you. That was You're basing that under the wiretapping statute? Is that what you're saying the felony? Ooh. Set check Smith v. Coming, that's the one you need to probably check out. It's a 11th Judicial Circuit of Florida. I just need to know what you're Okay. Uh sergeant didn't have his body cam on. He's going to he was going to affect arrest. I am getting away from him. Hey there. I was going to see if I can get a complaint form from you. All right, thank you. And is your chief available or a a road lieutenant? I can try to find someone for you. Yeah, any any sergeant supervisor, that'd be really great. That sergeant out there just threatened to arrest me for a felony for videotaping. That's a very bad thing, so. So, I need a I need a admin. Yeah, of course. Okay, so the complaint packet's in here. Yep. Just fill it out and just put it in and it gets sealed. I appreciate it. Like I said, thank you. And if I could just see if that like I said, if someone above a sergeant is available. Okay. We will see if we can find somebody for you, okay? I appreciate it. Just hang tight one second for me, okay? Thank you. I know a lot of them are in that training class, but I don't know. She's going to find somebody for you, so just give me one minute, okay? Thank you very much. It's no longer just a back-and-forth exchange. Now, the situation begins to draw more attention and the pressure starts building from multiple sides. And within minutes, things will shift in a completely different direction where both the arguments and actions become clearer than ever. Cuz sergeant here doesn't want says it's a felony to record public officials and I just wanted someone to look up uh Smith v. Coming. >> You can't do the audio. You can do video. You can do audio. I just I'm just I You're You're You guys have a nice day. You're totally wrong, sergeant. You're totally wrong, sergeant, on that. And can I have all your names, please? Yeah, absolutely. eight. And uh we're done. Have a nice day. You're corporal? Or no, that's corporal. That's ranking officer. Train. Do Do you know the uh Smith v. Coming statute or the court case? I don't know off the top of my head what it is, but I was just about to I don't have the statute off the top of my Well, you're talking about the the wiretapping statute. That's That's not applicable. You can't But just If you get a second as a training officer, FTO, um just look up Smith v. Coming so you have that. Cuz he just Like I said, he threatened me with arrest and I just don't want you you training the officers to do the same thing. It's When we're in a public place, we can record you guys. You guys are not exempt from being recorded. But I do appreciate your service. But if you can, like I said, just look up that Smith v. Coming. You don't want to listen to you. You're a training officer and don't want to listen. It's how it goes. Are you guys If you don't mind me asking, you guys CALEA accredited or you just regular standard accreditation? No, we're not accredited anymore. We were. Do you know that gentleman's name right there that's walking by with the uh This guy right there. That's the guy that walked up to me, wouldn't identify himself, and he had his hand behind his back like he was, you know, reaching his waistband. I didn't see who it was. Okay, go go. We have a a someone that's coming in to talk to you. She's going to take a few minutes and then Okay. Like I said, we don't do anything to to to cause any trouble or anything like that. I don't carry weapons on me or anything. But it's just like, you know, we we pay taxes just so you I mean, you guys are reasonable. They're not. The sergeant's like, "It's a felony." [music] Like, it's not a felony to record. He's talking about wiretapping statute and and we definitely know about that. Just want to walk outside again and see if we can get there. The arguments are no longer just a back-and-forth. They begin to touch on deeper issues of authority and how it is exercised. As each side holds their ground and refuses to back down, the situation moves toward a critical turning point. Do you see where Do you see where even if it is legal for you to do so, do you see where we were coming from? We have three guys outside of a police department randomly videotaping court. We're going to come out and talk to you. Okay. Okay, that's That's all we're Just like if somebody was doing that Same way if somebody walked up to your house like One person coming up to talk to me would be totally reasonable. Five, six, seven, eight armed gang members. And you know it is. What you're doing is you're trying to provoke somebody to do something wrong. I get it. So, I've got an agenda. I get it. Let me clarify. What I'm trying to tell you is that I'm going to protect your constitutional rights and I'm going to protect it. Is me exercising my rights trying to provoke you? If you would like to do that, that's for me to decide if I'm going to choose to go that route. Okay, so but me exercising them just videotaping, that's that's provoking? I'm telling you you have an agenda. And that's exercising my rights, correct? And you're trying to provoke us to do something so you can get it on camera and claim and file a lawsuit. So, don't So, don't do something. I know. Well, just real quick, if you don't mind me, just what you're talking about like recording the personal cameras up there. I just did a story and an article on the the tag cameras, tag readers. You probably have the LPRs here. And no? Daytona Beach has eight of them across International Speedway Boulevard. 3,600 tags per minute they can read. And what you can do with those afterwards, and I've been in the system, I you know, work in that. Um you can actually create heat maps and track people, which you're saying like if I'm recording stuff, but you guys essentially you're doing that all day long. They're really good and and beneficial. You know the reason why the same way we're able to carry a gun open carry on our hip that other people can't do. We have a reason we do certain things. Yeah, you got I absolutely understand. They're really useful. I mean, they are, but they can be used bad cuz you can and No charges, no arrest, yet what unfolded raises a bigger question. >> [music] >> When power is exercised based on unclear assumptions, where is the line between law enforcement [music] and overreach? In a civilized society, the law is not only a tool to maintain order, but also a boundary that protects [music] human rights. Hey everyone. What do you think about this situation? If you enjoyed the [music] video, don't forget to like, subscribe, and support us with a donation. Thank you so much. >> [music]