Am I Am I detained? >> I'm trying to identify you. That's not happening. Am I detained? I don't have to further your investigation for you. That's your job. Am I free to go? Yeah, you've been free to go this whole time. She told me I've been detained. In this video, a man recording on a public sidewalk as part of his journalistic activity is approached by officers responding to anonymous suspicious calls. As they push for identification, he demands a clear crime be articulated. What follows is a direct clash between perceived police authority and constitutional limits, testing First Amendment rights and the Fourth Amendment standard for lawful detention. All right. How can I help you? Is there a reason that he's walking around with a camera? Is there a reason I'm doing a job? Yeah, to make money. Okay. Uh people have just been calling just thinking it's kind of weird. >> It's journalism. I'm sorry. >> what you're doing? Yeah, it's protected under the First Amendment, so I'm not saying you're not. Sorry about that. All right, but hold on. Hold on. Am I being detained? Yeah, right now you For what? For which which crime? So, I'm further investigating why you're walking around. >> What crime? That's not a crime. Walking around isn't a crime. Under the Fourth Amendment, officers must have reasonable suspicion of a specific crime to detain someone. Simply describing behavior as suspicious without identifying a crime does not automatically meet that legal standard. You have to articulate a crime before you can detain me. Supervisor. Supervisor, okay. Yep. You can't detain just anyone. You have to articulate a crime. I can detain you while while I further investigate. >> Get your supervisor. Let's Let's find out. Okay. Okay. Name and badge number. Officer Ashley Grant, badge 861. You can describe your supervisor. Badge number 861. Thank you. Do you have your ID on you? I do not. Can you describe the supervisor in my location? Hold on. Can you describe So, I'm assuming he's the one that complained. No. I don't even know who complained. It came out as anonymous. >> This is a constitutionally protected activity, so I'm being harassed right now, basically. The First Amendment protects the right to record in public spaces, including sidewalks, as long as the individual is not interfering with law enforcement duties. Recording, yeah. In public on the on the public sidewalk. Sir, I'm not saying you're not. >> You are. You are by your presence here bothering me while I'm working is telling me I'm not allowed to do this. >> Okay. I'm sorry you feel that way. Okay. But I'm investigating why we're getting calls about someone walking around. >> Walking around isn't a crime, though. I never said it was a crime, but I still have the right to >> you do not. Okay. Okay. So I'm being illegally detained right now is what you're telling me. >> what you want to say, that's fine. Okay. Okay. Okay. A detention requires more than an officer's belief that something should be investigated. Courts generally require specific, articulable facts suggesting criminal activity. Identify yourself or you're refusing? What crime have I committed? >> So at the end of the day if law enforcement >> It's not the end. This is the beginning. for a second. So if law enforcement requests your identification, right? Your name, your date of birth, your ID card, your driver's license number, you are obligated to give that to law enforcement. >> No, you're not. Not unless you can articulate a crime. So I can articulate that this Walking around is not suspicious isn't a crime. Okay, but it is something we have to investigate. >> It's not a crime, so I don't have to comply with anything. I don't have to help you help you in your investigation. Well, I'm asking you to identify yourself. You are refusing. >> I haven't committed a crime. >> That doesn't matter. It does matter. No, I do not. Okay. You are incorrect. Okay. Well, you're about to learn. I hope this is your supervisor. He's about to school you if if it's your actual supervisor. Okay. I spoke to my supervisor. It has to be in a timely manner. You understand that, right? >> that. The city of Jacksonville is quite large. It's not. It's not. It's not large at all. Hey 13. I'm getting a phone call for my supervisor. You're still not free to go. We'll see. Yeah, he's at Gum Ranch in 17, so he is on his way. So, tell you that you're violating my rights. Not what it is. It is what it is. Okay. I'm walking up and down the street doing a protected activity, and you stop me and demand ID for no crime. So, like I explained to you, we've gone multiple times Suspicious isn't a crime. That gives us something to investigate. >> not. No. You can investigate all you want, but you can't demand ID when you can't articulate a crime that I you think I've committed. I never said you committed a crime. I said So, then you have no right here. suspicious behavior or whatever Suspicious isn't a crime. >> You have to identify yourself. >> I do not. Suspicious is not a crime. Hello, sir. How are Name and badge number, please. My name is Corporal Tim Bureau. My officer number is 673. Thank you. Actually, please wait. you. Do you live around here? I'm not answering any questions. Okay. Well, you have a nice day then, okay? Thank you. Am I free to go? Are you good? Yeah, you've been free to go this whole time. She told me I've been detained. Oh, okay. Twice now. So, I'm detained? Well, you want a supervisor? Am I Am I detained? >> I'm trying to identify you. That's not happening. Am I detained? Well, at the end of the day, I'm trying to identify you. >> That's That's not my problem. I don't have to further your investigation for you. That's your job. So, if you want to find out who I am, you go run photo arrays, whatever you want to do. Well, I Apparently, you have no idea how it works. You can't walk up to a a citizen not committing a crime and demand ID. That's That's not how this works. The Supreme Court has held that refusal to identify oneself, by itself, is not a crime unless tied to a lawful detention under applicable state law. As you You the law more than I actually. It turns out that I do. Man. My field supervisor is on his way. And we'll talk to Hard to believe a citizen out here would actually have a degree and know what they're talking about, huh? Sorry, we're we're going to stop all this corruption. You doing all right? I don't answer questions. Okay. Especially when I'm being illegally detained. Well, I already told you you're free to go, if you'd like to leave. Am I free to go? If you want to go, you know what to do. Call your supervisor. Am I free to go or am I detained? I need I need a I need an answer. I'm I'm not detained? Just so you know, sir, this is the Jackson Police Department, so there's rights and everything, defense and everything. Great. Don't enter into that thing. That's fine. See? I'm on the sidewalk. It's where I've been the whole time, before I was harassed. You're more than welcome to stay there. So Go. Once again you've been proven wrong by your own coworker here. You have a great day, sir. I'm having a great day. I'm not breaking the law. I'm right here on the sidewalk in public, exercising my constitutional right. Wow. Corruption at its finest. This encounter highlights the core principles. The First Amendment protects recording in public, while the Fourth Amendment requires reasonable, articulable suspicion of a specific crime for any detention. Here, officers cited suspicious activity, but failed to identify a clear crime. When actions lack this legal basis, it raises serious constitutional concerns and defines the limits of police authority.