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We've stood in front of the window, we've put a sign in front of the window. Every time we put the sign here, he moves over to take more video. It's no. Absolutely not. Him holding the camera up to the window from the inside, he can't he can't do that. Absolutely not. I know you're on the sidewalk, but you can't record the inside of a building. That's an invasion of privacy. You can't do that. Even from the sidewalk, you can't do that. Do you have an ID with you? Do you have an ID with you? You are being detained. No, no, you are being detained. In this video, a man conducts a silent audit from a public sidewalk outside a building. The employees call police claiming he is filming sensitive areas. Officers arrive assuming recording through a window is illegal, but the First Amendment generally protects anything visible from a public space. What follows is a confrontation between constitutional rights and authority without a clearly stated crime. Hi. Can I help you? Can I help you? No, your camera. You can't take that. That's no. No. Sir, no. You can't do that. No. No. I'm going to call the cops. I'm going to call the cops. She going to call the cops. What can you see? That's what I'm trying to see. What what can you see? But She did say she calling the cops. And uh Let's see. She actually standing right here. Let's see what happen, y'all. Stay with it. Excuse me. What's going on? Sir, turn off. You speak English? You got an ID on you? My hands are telling him to stop. He's not listening. He completely just pretended like I didn't exist. My manager, my assistant manager came up here to stop. We've stood in front of the window, we've put a sign in front of the window. Every time we put the sign here, he moves over to take more video. It's no. Absolutely not. Him holding the camera up to the window from the inside, he can't he can't do that. Absolutely not. I know you're on the sidewalk, but you can't record the inside of a building. That's an invasion of privacy. You can't do that. Even from the sidewalk, you can't do that. Yeah. Yep. You think somebody can walk up to your house and hold a camera into the window and start recording inside your house? No, you can't do that. At this point, the officer asserts that recording from a public sidewalk into a building is illegal. However, courts have consistently held that there is generally no reasonable expectation of privacy for what is visible from a public vantage point, raising immediate First Amendment concerns. Now, are you going to speak with us? Yeah, I don't care about the sidewalk. Are you going to talk to us? I don't care. Yeah. Get the badge number. Do you have an ID with you? Do you have an ID with you? Pat him down for an ID if he's not going to cooperate. You You are being detained. No, no, no, you are being detained. Here, the officer initiates a detention. Under the Fourth Amendment, a detention requires reasonable articulable suspicion of a specific crime, not simply refusal to answer questions or engage with officers. I don't care. I don't care. Want to play these games, not listen. Check for his ID. Turn your wrist, man. There we go. Oh. Phone. Feels like a little wallet or something over here. Okay. Get his wallet so we can ID him. What do you not understand about you cannot hold a camera up to a window to record the inside of a building? That is not constitutionally protected. You learn that's not constitutionally protected. You think somebody can record can record through your window inside your house? Whatever. Whatever. Whatever, no you can't. That's invasion of privacy. >> What's your name? There's no expectation of privacy in public. I'm on the sidewalk. >> holding the camera recording it I'm not even argue with you cuz you don't want to listen. No. No, I'm not going to cuz you don't want to. Because you played stupid games. I can't understand what you're saying. We tried. No, I can invoke my Fifth Amendment right. I don't have to talk. No ID. Just a I hope you find the ID. You're going to realize you messed up. >> Okay. No, we didn't mess up anything. You did. Are there any name on that? >> [clears throat] >> Oh boy, oh boy, you are in trouble. Like I haven't heard that before in my career. Like you say handling court. Like I haven't seen you people like you play these games before. Games? Yes. >> Constitution is a game to you? No, you playing games trying to provoke you trying to provoke a response. I didn't nobody. Doesn't matter. You trying to provoke a response. I didn't speak to nobody. I knew you would say that. I knew you would say that. That's why I didn't want to talk. Mhm. This is state versus Angel Moses. My opinion. You better be in the same truck. They did the same thing. You say handling court. Those dismissal papers for somebody doing the same thing. Like I haven't heard that before in my career. Like you say handling court. >> Like I haven't seen you I'm surprised. Officer tell somebody to move from the sidewalk. This is No, I didn't tell you to move from the sidewalk. >> did. No, no, no, no. See, I'm Here we go. Here we go. Once again, you don't want to talk. You don't want to talk. You videotape inside of a bank. You can ask. My video recorder is going. >> listen. Once again, you don't want to listen to us. Let me Let me talk first. Let me talk first. Go ahead and let me speak. When we came up, Mhm. I don't care. We didn't say anything about the Constitution. We didn't tell you to leave from the sidewalk. We told you you couldn't look into the video into the bank with your camera record the inside. And you just want to pretend like you couldn't understand us and you didn't want to communicate with us. So you left us no choice. No, sir. Okay, can I talk now? Sure, go ahead. >> I do have rights. Yeah, you do. >> I have a right that I actually don't have to speak with you, sir. Yes, correct. >> I'm on a public sidewalk. I can point my camera or look wherever I want. The individual invokes both the First Amendment right to record and the Fifth Amendment right to remain silent. Refusing to answer questions alone does not create suspicion of a crime. That's not true. So if I'm over across the street, I can't point my camera? Yeah, sure you can. Sure you can. You cannot walk straight up to a window and point the camera into the inside of the window. I was right here. I was I was behind the wall. Go ahead and shoot. Even if I was, it's a sidewalk. You can't do that. That is That is invasion of privacy. You can't do that. There's no expectation of privacy in public. Bro. Yeah. So we walk up and he's got the camera and we're like, "Hey man, what are you doing?" And he doesn't say a word. He won't say a word to us. And we're like, "Hey man, you can't be doing this. You can't point the camera inside the bank." And he's just not saying a word, just keeps pointing at the sidewalk. And so he wouldn't say anything, so we go to grab him to get his ID and Copy. Uh Is he going to provide his ID cuz if not, we're going to fingerprint him to find out who he is. Like asking for his name. Ask him for for his identifying information. If not, we're going to fingerprint him to find out who he is. Yeah, at least a peace disturbance. We asked him to stop. Two managers and the bank manager, my CSM asked him to stop. He was pointing at it. He was counting. He acted like he didn't know how to speak to us. We both attempted to tell him to stop. The mention of peace disturbance appears after the detention has already begun, suggesting a post hoc justification rather than a clearly established basis for the stop. Okay. Okay. So what's your name and date of birth? Or we can take you down to the station and fingerprint you. I mean, you want to violate my rights? I want to invoke my Fifth Amendment right cuz y'all actually violating my rights. >> Okay. Okay. Hey Bill. He's invoking his Fifth Amendment right. Okay. Okay. Uh Hey, do you have an ID on you real quick? And do you want to press charges? Uh is there a trooper with their uh quick scan? Okay. Yeah, I just want to check. Yeah. Yeah, I'm going to hang on to the ID. >> [laughter] >> Uh when you guys when it comes out, just say, "Hey, those great guys at Equity Bank they they helped us catch him. >> [laughter] >> We had him tied down. Tyler had him with his phone cord. Taking this over to the car. He's taking away his stuff. Is this his? Yeah, that's all his. What's his name on it? Angel [laughter] Moses. Yeah, on the piece of paper. Okay, this is what's going on. We've got a trooper coming with a fingerprint scanner to ID you. As soon as we ID you, if you don't have any wants or warrants, you're going to be released. Do you have any wants or warrants? You don't have to tell me. I'm just telling you what's going on. Hey, we're going to find out in like We're just going to ID you and if you don't have any wants or warrants, we're going to let you go. And if you come back, you'll be arrested for trespassing. They want you to trespass, so >> I wasn't even on their property. Okay. So You you you you you you Right. They they just don't want you to go inside the bank. I never was in their bank. >> Okay. And of course I know not to go in there. Okay. Okay, as long as you understand. And I'm just really shocked that this how this turned out on a public sidewalk. And you are a sergeant. >> You were um You escalated this, sir. >> No, listen. I know people always trying to say I'm trying to antagonize somebody. That's why they want to speak. I'll let you do it. He tried to break my wrist by tightening this up, bro. I'm not doing nothing wrong. I can't wait for you to call Iowa Police Department. They know exactly who I am. I'm pro-police. What do you think You'll find out who I am. I'm pro-police. >> That's fine. Yeah, buddy. You intentionally tried to provoke me. No, I didn't I didn't say nothing to nobody. Why don't you tell them to close their blinds? They got blinds. >> Okay, well, I'm going to go tell them that. What are windows made for? I'm going to go tell them that. >> But what are windows made for? >> So, I'm telling you what's going on. We're going to ID you and as long as you don't have any wants or warrants >> Hey, I don't agree to no searches or seizures. You shouldn't be ID'ing me or nothing like that. >> We have a It's a It's a It's a It's a safety issue It's a safety issue for the bank. We don't know if you're a bank robber. Okay. Come on, man. You This is the [ __ ] you come up with. Now, check this out. Somebody told Hey, look. They told me to come out here. I'm like I'm only on the sidewalk. >> You're not even Listen, we're not I'm on the sidewalk. >> As long as you As long as there's no wants or warrants, you're not I ain't got no warrants. I'm lawfully. I hold you accountable. I got to be accountable. >> You're not getting charged with a I'm the one that holds you accountable, sir. Listen. You're not getting charged with anything. You ain't got nothing. Did I not just say you're not getting charged with anything? >> Well, why am I in handcuffs? I wasn't running from y'all. >> Because you're detained. You don't need to cuff somebody. I am arrested right now. >> not. You're not arrested. >> You can just stand there. I wasn't running from you to detain me. >> Okay. That's what's going on. We're going to ID you. >> Okay, man. You can play that game if you want, but I'm going to show you there's consequence We're going to ID you and then you're going to get released. Yes, sir. Is that his car there? I don't know. Okay, so No, that's the lady sitting there. Okay. So, after confirming with the chief, uh this is what he says. Um because the windows are here and you can see into an area the public is allowed to, then what he's doing is not illegal. And we can't do anything about it. And this statement confirms that the activity was not illegal, directly contradicting the earlier justification for detention, raising serious First Amendment concerns about the legality of the seizure. So, it's a So, the only choice is to like close blinds or something of that nature. So, So, you're going to have to let him go. Yep. So, but if he steps inside here Yeah, no, no, no. Not coming back. We told him he's not allowed back in Not allowed in the back. He He cannot come back into the bank. Now, the other guy wasn't there. Okay. She said 14. You don't have to ID nobody. Just Just say don't go on that property. Hey, my hat is right here, sir. You did damn near try to break my wrist, bro, putting these cuffs on me. You have a trespass warning. A trespass warning. You don't have to ID nobody today. Yeah, we do. That's what Oh, boy. Oh, boy. That's what we do. You got to operate by law, though. You're trespassing. Law enforcement. It's okay. Seriously, I'm not running from nobody. I'm pro-police. What do you think, y'all? I can't wait. I just need your your your right hand, okay? I'm going to give you that, man. You got to stop trying to break my damn wrist. Got you. Are you willing to They take the handcuff off of you? I'm not going nowhere. Okay. You will. Yeah, man. If I lean, I'm going to lean right here. Go right ahead. Nobody knows better. So, y'all ain't training or something? Nope. That's the issue. If you'd rather stand here or sit in the car. It takes 6 months to become a police officer. Would you rather stand here or sit in the car? It takes 2 years to become a barber. Would you I know y'all don't get all the training that y'all need to be. Would you rather stand here or sit in the car? Come over here. Seriously, he gets that back. Yeah, I'm keeping Look at this. He can't come back out again. And what? I kind of kind of surprised they can't say anything to this citizen. Uh-uh. Nope. He's disturbing our safety in public. Well, chief said since it was on the sidewalk, uh he wasn't I mean, what he was doing was to provoke a response and we absolutely have the right to detain him to find out what's going on. But once we find out he's not breaking any laws, we got to let him go. I'm going out. I'm going I'm going out. I'm going to let you go now. What? Nothing. That's your answer? What? Yes. Are they this far out? Okay. What do you think about me and the last time seeing you? Folks, please I need the Can you give me your name and your badge number, please? Officer Crawford. Badge number 364. You have a business card on you? Yeah, you want it? Please. What's the What's the mic? I need your business card, man. There was a mic that That should be wrapped up in there. In the envelope? Yeah, Ford and uh um Dylan brought it over. I need I need y'all's business card. I need all y'all's business card. I need the call for service number. I need that CAD number. So, you too, sir. You'll have to call back to get the CAD number. No, you don't. You can call over there and get it for me or you still want to be a dick? We've got calls backed up. Come on, man. This is more important. You can call to get the CAD number. This is It's okay. You got business card? Can I get your name and your badge and your business card if you have it? He don't want to give the call for service number. And your business card if you have it. He don't want to give the call for service number. I need yours, too. You can call to get that. You shut up, man. Okay. That's what to do. Can I get your name and your badge and I need your service number. I need yours, too, sir. You shut up, man. Is that Is that Can I get your name and your badge and I need your business card? Huh? I'm from Kansas City, man. I'm just so pro-police. And somebody said that they would do this. I said, "Not if I'm on the sidewalk." I said the police know better on the sidewalk. They don't know about the First Amendment. You can't turn the Constitution. I have a I have a question for you. Oh, look. This is not y'all. Yes. Do you want to get the call for Do any It's all these cops. Nobody want to get the call for service number for me. Y'all want to deny that. You can call over I'll get you mine. Y'all can call over there and they will give y'all that CAD. Y'all is not talking to the average Joe. Hey, you got something to write down? You can You write it down. Write on back on back on on the Which one is you? You are Crawford? So, I know who at least took the extra step. Y'all sergeant led y'all into this. That little old [ __ ] That little old dude. See, it's that old school mentality. That racist [ __ ] That's We need young officers. Young officers ain't racist. The old ones, though, they don't even watch the They ain't even hip to social media to see the videos on the internet. Got you. Got all our business cards next to Yeah, I might have to go down to your police department, man. I'm I'm going. No complaint yet, though. We need the body cam footage. If I [clears throat] file a complaint, it's going to start it. Yeah. Hell, yeah. Oh, yeah. You need anything from me? Oh, yeah. Can you walk me across the street? He'll walk you across the street. Cuz they don't look like he need a reason saying I'm jaywalking or something. Yeah. Look at that, y'all. Look at that. Hey, look. Yeah. Hey, y'all right back in Hey, right back. You found my remote? You found my remote? I don't have a remote. Yeah, they broke my stuff, man. So, Mr. Moses, I've been cool with you. What's the What's your What's your warrant out of Lee's Summit for? Be honest with me. I ain't got no warrant in Lee's Summit. So, you do. So, you You're going to have to go with me for a second. We're going to confirm it, okay? Yeah, I'm I'm I'm ACTUALLY [laughter] I'M GOING TO You're going to hop in my car. Okay, I'll tell you I'm going to court with I have to put you back in handcuffs, okay? I can tell you this. I'm going I'll sit in the cop car with you, sir. But I have to put them on up front, okay? I'm going to court in Lee's Summit. I got trial there. June 26th. I just I just got a I just got told that you have a statewide extradition, okay? So, this isn't this isn't my call, okay? This is a judge's, okay? I'm going to go to the I was going to just go to the police department anyway. Okay. You said in Lee's Summit. Yes, sir. And I'm going to take this. I got I got trial in Lee's Summit. I don't know what it's I know. I don't know what it's for. I know. Post office is Here's the guys for God, you you all right. You all right. You You you all right. You all right. Send it all up. Yeah, call over to Lee's Summit. I've got trial there. June 26th. Or another officer. What they did that What I That warrant is popping up right there is um I was at the post office recording. But we're not charging you. I'm telling you what what the thing is in Lee's Summit, okay? And they officers understand that they don't understand the law. And I was even shocked with that. Like y'all don't even have jurisdiction on federal ground. Post office had their own postal police. But that's what we submitted about and I got charged for that June 26th. Just to see if his active or not if they decide to They don't have to agree that they they'll extradite. Yeah, so if it's not If they refuse to extradite you then you're going to Uh they don't want to extradite me. Why that? They don't like me. So so I have a question for you. You're an auditor or Uh yeah, he's a first amendment auditor. Le- le- le- le- le- somebody don't like me because I'm like I'm trying to highlight. That's what I do. I'm here to highlight my government official. Now whether you look good or bad, that's on you. I just [ __ ] with uh who was that? Uh that's a lieutenant. Josh Porn. Man, he just did me, man. Where is that at? That's I was in Iowa. That was at Oskaloosa. Oskaloosa. Oskaloosa. He did great, man. He bought me a bottle of water, six-pack. He went to the store and bought me a bag. Hey, we something going to be like, yeah, we we we want his ass. We something been waiting for this to They think they did. So I don't know what how long it's going to take them, but they're probably going to be up here. Uh all that's obviously going to be going unless you have somebody give it to you. That ass going to your property. Yeah, yeah, for sure. This not This not In my line of work, I know you going to get arrested. I understand the cop is going to know better, man. I'm just doing it. You got a warrant. Yeah, you got a warrant. So we're just seeing if you're you're going to confirm it or not. Yes. Trust, I'm pro- You Yeah, I got to go find out where where my stuff is at. You know what I'm pro- police. I'm going to need a picture of my phone. That's all. Yeah. They said, "You want to see some illegal shit?" He said, "What a courtesy." I said, "I'm just on the side. Listen, for real. I said, "I'm just on the sidewalk." The cops know better on the sidewalk. Here we are, man. Same thing happened in Iowa. They said the same thing he said. They said, "You can be on the sidewalk, but you can't point your camera at this business." At the bank. At the bank. So that's what this is. It just got dismissed, man. That's what I'm even traveling today. So do you want to know what the what the difference was? And the bank is in the wrong. There's a protective status for bank for their vaults, but their vaults are viewable from a public area, so it's not Everything. Why did you build your bank on the sidewalk? Close your blinds. Build a fort around it. And with you a officer, there's no expectation of privacy in public. >> explain this to you. We got a original call from you at Bank Midwest walking on the sidewalk recording. >> And I left. They never came outside. I left. I was just about to leave. >> What I told the officers then is if he's on the sidewalk recording, there's nothing we can do about that. So why did you change this? I was just about to leave. >> Because of the misunderstanding. Our misunderstanding and the bank's misunderstanding about the protected vaults. But the vault's in a public area, so so it's not protected. Let the bank and the policy whatever. He's on my property. I didn't see the bank say, "Hey, look, he's on my property." And as soon as we found that out, that's when we cut you loose with no charges. >> just threw me up against the wall. Because I told you cuz I told you you were being detained and you started backing away from us. >> standing on the ground. This is a detainment. I mean like if I didn't have no consent, we just do it. >> But you started backing away from us. We don't know who you are. You be quiet. I'm just trying to explain it to you. If you don't want me to explain it to you, that's cool. No, you can talk I mean the more you talk, the more you know, it just you know, it don't look good. I just explained the situation to you. >> It's like justifying force. I'm out here conducting a constitutionally protected activity. You can't turn it into a crime. I didn't turn it into a crime. >> It's a public Well, you threw me up against the wall. What are you doing in the first place? >> you you were being detained and you started backing away from us. We have the right to physically stop you from whatever you're doing when you're being detained. Any any of these rights that's being violated, okay? I'm saying I am. Just just because the fact that if I wasn't there, so but if you just from what I'm hearing, I don't know what the situation was. If you are backing away, he is he's telling you you're detained, he just makes sure you're not going to flee and put you in the custody or whatever, so. You think he's detaining someone that's standing there? >> Do you think that what's your bet? Do you think the police someone's going to take the warrant or not? If If If you saying that, then you saying somebody don't like me, like this guy. Okay. I don't even think personal against you. You think I think We'll see. Let's see if Let's see if police somebody going to surprise me, man. Tell me what your YouTube channel is and I'll go check out your video. Hey, so hey, cuz this cuz cuz police somebody think and I'm telling police somebody, man. What's your YouTube channel? I said What's your YouTube channel? I said police somebody. Y'all got seven calls on me in one day and you don't know how to act right. What's so hard just walking into the Hey, look. You ain't doing nothing illegal. We'll talk to the bank. Hey, bank, he has every right. He's on the sidewalk. He has every right. I'm here to back him up because I took an oath to uphold and protect the Constitution. Trust. I know y'all be like, trust, if we can do something to him, we would. But listen, he's on the side. What he's doing is is is constitutional. There's nothing we can do. Hey, sir, you know, you ain't doing nothing wrong. You got any questions for us? And let me get up out of here. You get a call about a man recording on the sidewalk and I just want to get busy. That's wild. I wouldn't even want to deal with the man. Let me get up out of here. I'm getting up out of here. If I was an officer, I'm getting up out of here. You need anything from me? I'm out of here. I don't know if that item is active. I'll just work out the cash. 1,000 cash only, okay? Do you have that? You said what? 1,000 cash only. Do you have that like Do you have the cash or you going to have to afford to get that? This encounter shows a clear First Amendment issue. Officers detained and handcuffed a man without stating a specific crime. Their own statements confirm recording from a public sidewalk is lawful with no trespass or disturbance. The First Amendment protects recording in public where there's no expectation of privacy. Once no crime was found, continued detention was not justified.
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