Do you feel guilt when you violate people's constitutional rights? You took an oath to honor the Constitution. How do you feel about that? In this encounter, a man filming outside a police department is confronted by officers who immediately label him suspicious without identifying any actual crime. The encounter quickly turns into a dispute over whether police can legally detain someone for filming government property. As the man repeatedly asks what crime he is suspected of committing, officers struggle to articulate any clear legal basis for the detention under the Fourth Amendment. Right now, I'm just asking you some questions. >> For what purpose? For uh actually filming down back there in our private parking area. >> Okay, is that a crime? It is right now. Do you have your ID? No, it's not a crime right now. >> Can you grab your ID for me, please? No. Am I being detained for a crime? >> party. You could be out with a party main and inviting >> detained? Presently right now. For what? So I can figure out what's going on. That's not a crime. Okay, why don't you grab your ID for me? No. You're refusing to ID. Why don't you tell me what crime I'm committing? >> Okay, right now you're a suspicious party. That's not a crime. It is a crime right now and I'm trying to figure out what's going on. >> It's not a crime. Okay, why don't you grab your ID for me so I can identify you? No. You're refusing to be ID'd right now. That's correct. >> Okay, sit tight for just a second. Your name is Peck. Badge number 7099. >> okay? Do you have a medical condition? I'm fine. Okay, cuz you're shaking quite a bit. Yeah. >> Are you on any drugs right now? I'm talking to an armed guy who's threatening to shoot me. >> Yeah, mistakes are made. >> That's kind of what a police officer would be. I haven't threatened you at any point. I'm just trying to determine what's going on. Yeah, you've got your hand on your gun. I have my hand resting on my belt. >> telling me I'm committing a crime, which I'm not. >> Okay, you're a suspicious party right now, so I'm just stopping to speak to you. I'm trying to determine who you are, why you're filming the back area of the police department. That's all I'm doing. Okay, well You're not You're refusing to be ID'd right now. You're not going to supply your identification. >> I'm not going to consent to anything. Okay, I'm not asking you to consent. I'm asking you for your ID so I can verify who you are. >> is no, you're asking me for it and I'm telling you no. Sit tight for just a second. That's great. Okay, what crime are you detaining me for? You're a suspicious party right now. >> You need reasonable suspicion that I'm committing a crime. What crime? You're a suspicious party right now wandering around >> Okay. filming a city building. >> that you think that's suspicious, but what crime do you suspect me of committing? Okay, I just explained to you. You can continue to talk to certain extent. >> That's not a crime. You told me it's not a crime. I told you that you're a suspicious party who's walking around the >> What crime? Show me first who you are. >> you don't like. I I've never met you before. So, what do you suspect me of doing? >> I'm not sure. That's what I'm trying to determine right now. Well, you need to have that to be able to detain me. Okay, I'm not sure where you got your >> now you're illegally detaining me. >> No, I'm not. Yeah, you are. >> an investigation. I'm speaking to you. You are illegally detaining me. If you're just conducting an investigation, I can go. But, you told me I'm being detained. You you are while I conduct an investigation to try to determine who you are. >> me the crime that you suspect me of committing. Sir, I'm not going to talk over you. I'm going to explain to you what's going on right now. Well, I'm just explaining you should know the law. You're a police officer. And I I've already explained to you why I've stopped you. It's to speak to you. Okay, well. Okay, so the only reason I'm trying to speak to you is cuz you're walking around the police department filming the private private areas of the police department, the back of the building, the front of the building. I got to determine who you are. >> explained to you the law that you need to know, so I'm not really going to talk to you anymore. >> where you got your criminal degree or your law degree, but I think you might want to get your money back on that one, okay? Sit tight for just a second, sir. What you doing? What's your badge number? 8666 How you doing? What's going on today? Are you all right? You're shaking a lot. Okay? Do you have identification on you or are you a resident of Milpitas? Sorry? Are you Are you from a medical condition? Are you Are you physically okay right now? It's a simple question. Yeah, he was actually right up on the backside walking in the back. Oh, we got a real disaster here. Do you know why we're making contact with you, sir? Sir, do you Do you know why we're making contact with you? I already informed Officer Peck that I wasn't going to speak to you anymore, so I I didn't hear you say that. I apologize. I must have missed you when you said that. I made it pretty clear. Do you hear what happened in Meriden not too not too long ago? Sir, do you hear what happened in Meriden not too long ago? I already informed Officer Peck I'm not going to speak to you, so if you have something to say to me, fine, but I'd like to be on my way. Be on your way in a second. I just want to explain to you why we're talking Okay, see you later. About 3 weeks ago, someone shot about 9 to 15 rounds off the back of Meriden Police Department. These bullets just hit the building, all right? Kind of heightens our awareness a little bit about people being around the back lot when it's unsecured and we have people coming in. All right? It's the only reason I'm talking to I'm aware you're not doing anything. It's fine. Have a good rest of your day. Okay. You are aware that you took an oath to uphold the Constitution. You just violated my constitutional rights. You're required to suspect me of a crime before you detain me. Are you aware of that? Yes. So, uh, what crime did you suspect me of committing? Do you feel bad when you violate your oath? You swore an oath to protect us and to uphold the Constitution. Do you feel any guilt when you don't uphold that oath? What about you, sir? What's your name and badge number? Officer Maduro. Do you feel guilt when you violate people's constitutional rights? You took an oath to honor the Constitution. How do you feel about that? This encounter focused on the limits of investigative detention. Officers repeatedly called the man suspicious but could not identify any specific crime supporting reasonable suspicion under the Fourth Amendment. The stop also involved protected filming near a government building raising First Amendment concerns. In the end, the officer admitted the man was not doing anything reinforcing that lawful detention requires more than generalized suspicion.