Was I being detained yes what crime was I suspected of committing I can't argue with you. I'm not going to argue with you. Yes, there is. What is Define reasonable suspicion? Define reasonable suspicion. Why wouldn't you stop when she asked you to? Do I have to? A 16-year-old boy is stopped by police after recording a nursing home from a public sidewalk. Officers claim disorderly conduct but struggle to define any specific crime. The encounter escalates into a confrontation over lawful orders, detention, and constitutional limits. This video highlights First Amendment rights to record in public and the Fourth Amendment requirement for reasonable suspicion before detention. Yes, they were they were concerned that you were photographing residents inside. >> No, there wasn't. You weren't. You just photographed them. Along here, I don't know if they are or not. You really want to go that route? What crime was >> We're investigating somebody acting in a disorderly manner. You're video recording a nursing home and you were upsetting the residents. We didn't know that. Don't we have to talk about it? Okay. Wow. Where'd you get your law degree, man? Well, if you just cooperated with her, you wouldn't be in handcuffs, right? That's what we got to get to the bottom of. Is there being a crime committed? Oh, wow. Okay. Okay. Not a problem. What Did I do anything illegal? That's what we're trying to figure out. >> Detaining someone to figure out if a crime occurred reverses the legal standard. Officers must establish reasonable suspicion before initiating a detention, not after. For Terry stop, you have to come up to me and make a consensual contact. Because, you know why? Because I did not do anything illegal. Okay. Okay. Okay. We'll do a Terry stop or a contact card with you. Then we'll you'll be served with But, no, you forced the Terry stop. I'm No, we have to do an investigative stop. Because you're disobeying an officer. She told you to stop and come here. You're you're sus- That's what we're trying to determine. I'm not going to argue with you. I'm not Yes, there is. What is Define reasonable suspicion? Define reasonable suspicion. Isn't that what we're here to investigate? Do you suspect me of committing a crime? Yeah, it's reported you were committing a crime. videotaping residents inside the nursing home. Inside the nursing home. And is that illegal from the sidewalk? Can video- can video- The videotape people inside? Yeah, they have a right to privacy. No, you're asking two separate questions. Tell me what reasonable suspicion is being that you're asking that question. You don't get it, do you? I'm not explaining anymore cuz I am the sergeant. Nope. So what? Okay. Yes. I already explained it. What? Put him in the car and then we'll talk about what's going on. Recording from a public sidewalk is generally protected under the First Amendment as long as the individual is lawfully present and not interfering with police activity. I got your phone. Thank you. You're welcome. I don't know. Anything in your pockets? Uh yep. Hey, go to the police station. Some money and cards. So, what was disorderly? >> We will talk about that once we get back. Get back? Yeah, get back to the police department. That's your phone, too. Okay. We're going to put him in there in handcuffs. All right. >> [clears throat] >> So, what did he do that was disorderly? Pop your trunk. What's he recording? But what was he doing that they feel is disorderly? Sam, what was he doing that was disorderly? The people? On this side, too, or? Who who all seen him doing that? Were the residents in the windows? So, he's walking by videotaping the building? What what that's It's not illegal to do that. Okay, but time out. That's not illegal to do that. So, he's not acting in a disorderly manner if he's on the sidewalk walking by videotaping the outside of the building. That's the problem we have. But, how are they they're disturbed he's walking on the sidewalk videotaping? Well, he wasn't I mean, other than not obeying you, which is a no-no, which I mean, that is what it is, but as far as walking by with the video camera, I mean, I'm not that's that's not something that Even though they're You could be bothered by a lot of things, Sam. I think this is something we need to send down to the state's attorney's office. As much as he's irritating you, I understand. But But this is So, um I I think what we're going to do Well, the thing is, Sam, he's on the sidewalk. He's videotaping the building. I'll we can send down to the state's attorney's office for them to review for charges, but it's not illegal. It's not illegal. Okay. I'll explain it to him. No, I buckled him up. All right. I tell you, I got to get to the bottom of this. Okay? I got to get to the bottom of things. And you throwing these turn on I'll talk to you with the handcuffs off. You're still being detained so I can explain everything to you. Well, just stop. That's what you got to do sometimes. No, it's not illegal. We can detain you, okay? That's the big difference. People read the internet and they watch movies and videos and they think that they can just say whatever they want and do whatever they want. Sometimes you have to confront the police and be talked to and say, "Hey, this is what I was doing." You get a hell of a lot further with sugar than you do with salt. Honestly, if you'd just stopped and explained what you were doing, instead, you've got >> have been on your way. Just let me talk. There would have been this whole production, okay? This whole production would have been eliminated. And what I would have said is, because you're freaking them out inside. Okay? So, it's illegal to videotape them? You're not getting what I'm saying. No, I'm just asking for It's not It's not illegal to videotape, but be smart about it, okay? People in there are old. People in there mostly it's it's a to be honest, it's a it's a women a woman dominated career in there with cooks and cleaners and nurses and nurses' helpers. If you would have just said, "Hey, I'm just taking pictures, man. I'm not I didn't mean to freak anybody out." Oh, okay. Let us go tell Um he's an innocent kid. He was taking some pictures. You know what I mean? He he understands it's, you know, But but as far as, you know, We can do that. We can detain you, but Because we have to get their side of the story. Mhm. No. No, no, here's the thing. You don't. When we have given you a lawful order, you have to obey it. And you're not giving them That's in your opinion. We don't know that. We got the call that you were doing something illegal. So, Yes, they did, Chris. That's why I'm here. Chris, I've done this with your family and went round and round. And you know what? I'm not going to do it tonight. You have to stop and talk to the police. If not, you get detained. Because that's what you have to do. Chris, you're you're making a mountain out of a of a complete molehill here. Listen to me. Listen. You can film. It's just have some common courtesy and common respect. If that was your loved one in there and you were you had your mom or your sister or your girlfriend or whatever in there working, would you be And then you end up getting arrested. >> did nothing illegal, though. But we don't know your version. But listen. For your for your stuff >> until proven guilty. Okay, that's a court, not out on the street. Okay, that's a court, not out on the street. >> Oh, okay then it can get taken care of in court. We're done. You give him his phones back and he can go. Are they in the third of my trunk or >> Yeah, they're in the trunk. >> Okay. This encounter centers on two constitutional principles. The First Amendment protects the right to record in public. While the Fourth Amendment requires reasonable suspicion of a specific crime before detention. Officers admitted recording was not illegal, but detained him anyway. Detaining someone without clearly articulating a crime raises serious constitutional concerns.