on September 6th 2022 22-year-old property manager galana Dunlap Banks visited a property in fville North Carolina at her boss's request to inspect and photograph illegally dumped trash officer Ryan hadock of the Phil Police Department approached her while she was in her vehicle later joined by detective Amanda Bell despite claiming to be searching for a violent suspect nearby a lawyer for Miss Dunlap revealed police radio traffic indicating otherwise the encounter captured on body camera involved officer hack questioning Miss Dunlap how you doing I just saw you pull back over here any reason why you back over here oh you got any idea or anything on you well I mean it's all fine Dandy what you're telling me but I mean you know just kind of look suspicious that you're pulled out here in the middle of a field technically you could be trespassing hey found em well I don't know that how do I know that officer hadock claimed that Miss Dunlap could be trespassing according to a lawsuit she filed regarding this interaction she requested to leave but was told she couldn't to lawfully seize her officers would need Reasonable Suspicion of criminal activity which wasn't evident even if Miss Dunlap had trespassed it's unclear under North Carolina law the statutes require clear intent or notification to trespass the officers lacked reasonable suspicion solely based on her presence as courts don't consider mere presence on private property enough for detention in summary officer hack's claim of trespassing was legally questionable lacking the required suspicion for detention under the Fourth Amendment standards go just step out of the car just step out of the vehicle step out ma'am all I've asked you for is your ID so we can make sure that you're not man step out of the car okay don't drag me out get out of the car I will my arm get out of the car if you will release my arm Ryan you get over there yeah she's refusing to come out of the car cuz you're grabbing my arm very tight ready okay now hang grabbing my arm let her go she ain't going nowhere now let me go and I'll get the okay step back okay and you're not getting it because I know I Haven it did okay we step out the car okay how many times have I asked you not pleas let go me what are you doing let go me because I haven't did anything she's ared me no she's not yes she is after Miss Dunlap began recording the officers on her cell phone detective Bell approached the driver's side door and attempted to physically pull her out of the car without warning officer hadock joined in and despite Miss Dunlap offering to step out if they released her arm the officers continued pulling on her until they managed to remove her once out of the vehicle they pushed her against it and forcibly handcuffed her courts acknowledged that officers can use reasonable Force to remove a driver who refuses a lawful order to exit their vehicle however absent probable cause for arrest or clear safety threats using Force may be considered excessive in this case Miss Dunlap was suspected of a minor nonviolent offense with no evidence of immediate threat or resistance she also expressed willingness to comply if they let go of her arm considering the factors outlined by the Supreme Court in Graham V Connor where the severity of the crime immediate threat and resistance are key a court might conclude that the officers used excessive force in this situation sit down we investigating what am I being charged with we are investigating you trespassing on his property but I'm not okay and you have resisted delayed and obstruct our investigation okay and resisted while we were trying to get you out the car okay okay look at me for a second all right listen look at me for a second right now you're not you're not in any trouble so why okay cuz right now listen I'm just look at why am I I'm trouble now you just listen I I all right right now you just being detained didn't we saying you're under arrest we were over here in this area looking for somebody all right he it ain't me no it ain't you okay so what you me a second let me finish all right he came over here to talk to you to find out if you knew anything about what was going on I just said I did it right okay and that's fine we're going to do our thing and then we're probably going to cut you loose okay all that was unnecessary ripping my panty pack off and trying to throw me out the car and like that yeah huh best the Le I just told her to back up okay best the make she is she is going stand up we're going to get you the handcuffs okay but all that did over there was unnecessary okay I was talking to you and I I would have got out the car if and did I not did I not did I not let you get out of the car on your phone no no hang on but but so you understand why we were out here and just asking a k question yes I hear you okay we're trying to give you a hard time okay no that was and I want her name ticket for I see she atast needs a ticket see yeah go ahead and okay is she going to write or you going to write it I don't have anything to WR it with if she's got her computer me as a witness okay that's fine hold on officer hadock suggested writing Miss Dunlap a ticket for RDO short 4 resisting delaying or obstructing an officer and cya short for cover your ass however since the officers lacked Reasonable Suspicion for the Stop they may not have been discharging an official Duty as required by the law North Carolina also recognizes citizens rights to defend themselves against illegal arrests and excessive force therefore it's unlikely that a court would find Miss Dunlap guilty of resisting delaying or obstructing officers in this situation a ticket for C I have you don't have a prin anybody I don't care who writes it but the C both of us you know what I'm saying yeah I agree CU all right you going ahead you put me down as a witness or whatever you need to do yeah that's sorry Andrew said just do a warning like at least some piece of paper I already she said she didn't E I saw you throw up are you sure you're okay was it just stress that caused that so all was unnecessary well here's the deal this is her name and badge number okay great okay this is my name my badge number and my telephone number okay she works directly for me are you wanting to file a formal complaint against her right now cuz I'm going to tell you what the process is for this if you want to bear with me just I'm going to kneel down with you right here okay so come down write a formal statement for me so text me let me know when you're coming down all right is this what you're saying right here that right there is that right there okay I'll snap a photo of that real quick okay what all what all did y'all explain to her what all did yall say well first I explain to her she's she's perfectly fine however she does want to make she's she's upset she's not upset situ she's more upset unfortunately at Bell than anybody else and how how she was removed from the vehicle had your camera on though right I've talked to her I gave her my information your information told her to come see me so tomorrow we'll write it all down she's fine now she's calm she just wants to go so I've got her keys I'm going to give her her keys and let her go okay jelana let me see your hand real quick not with the bone in it sorry lay it out for me no no don't fist it like you want fight me come on all right hold on got a little bit of Shadow don't move we're saying these two right here y okay okay let me take a look at you real quick can you stand up for me real I'm just going to get a a full front shot all right here are your car keys do you need anything else for me ma'am I know it's a it's it's a little stressful but you on October 25th 2022 Miss Dunlap obtained a court order for the release of body camera footage and filed a federal lawsuit alleging unreasonable seizure excessive force and First Amendment retaliation the lawsuit is pending due to this incident she resigned from her position as a property manager fearing similar occurrences an internal complaint with the Fayetville Police Department was filed on September 8th 2022 but there's been no public update on the investigation's outcome on May 27th 2020 a man named Amore Johnson was accused by police officers of smoking in a smoke-free area while waiting outside a grocery store for his friend shopping but at the time of the incident Mr Johnson did not have any cigarettes in his hand or pocket the encounter was caught on body camera by Officer Matt deas of the lamea police [Music] department get off me bro is you grabbing me for bro I already told you is coming straight you look goofy as hell bro stop touching me bro obviously nobody's going nowhere hey hey hey what' I tell you I told you I waiting for somebody to come here they right here bro sit down oh my God you're tough as up hey you tough as stop hey stop bro bro you goofy as hell bro hey Mr dges you making a big ass deal out of nothing bro you making a big ass deal out of nothing broy you making a big ass you real big though huh hey you real big hey you real big hey you real tough okay thank you bro thank you hey where was I where was I at where was I at right there I told you brother the right that came bro the people came I'm F to dip y know what's going on I just got here man this fool is in theing wrong he tried to come up on him like he's not doing sh he's waiting for me to get back from the store right when I come back instead of him just apologizing being like Oh you're right I get it he tries to grab him and choke him and put him on the thing obviously the my friend is going to put his hands back like no one's going to get choked and [ __ ] bro this fo's in the wrong and he could just say that and let it go and instead he's trying to I don't know what trying just trying to figure out what's going on man bro he's being a whole L bro on God and you know you're I have no reason to be entertained by you bro sit down bro stop sit down bro you see your sit down dude y f as hell bro fun as hell he that's fine dude you already put my you already put your hands on me bro I didn't put nothing on you bro it's on camera so you can check it it's all good hey what we doing what what we doing what we doing hey look at my name what we doing what we doing dude I'm I'm down I'm waiting for somebody to come okay all right bro tell them stop touching me bro first of all stop touching me no back up out of here bro listen to me bro y'all hella goofy bro I'm talking to you and you smack me bro nobody smacked you bro why I smack you you didn't why I smack you you didn't you didn't hit smack you all right but why are you grabbing me though why are you grabbing me because you keep trying to Bro shut up quit talking to me bro I ain't got nothing to say to you bro all right straight up goofy as hell bro I'm good bro I already know I'm good hey want to shoot me and do some weird here right now bro you feel me [ __ ] going to be straight Qui you good bro dumb as bro you see what's going on though right hang bro for real I'm waiting out here for my friends I told you that hey hey did you look my name up already bro did you look hey what 24 stand for too hey what that stand for is that a gang is that a gang thing hey you got 24 on your too we're going to talk to you all right talk to me then give me out these cups talk detain bro ain't no deep breath ain't no calming down bro y got six cops for no reason here bro y'all goofy as hell bro over here talking about are you smoking weed and suck my suck my you [ __ ] ass boy you a ho bro bro [ __ ] him broat your ass don't say that all that EXT bro no one's doing anything extra if anyone's being extra it's you and your friends all right bro extras me being this position right now you know what I'm saying cuz you saw me just standing there and you know why I P your hand off of me cuz you gra me so you know what I'm saying it's all good I even try to run or nothing but you know if y if yall want to take to the step it's cool I understand I don't 106 for 241c as hell take a step back for me do you have anything on you it's going to poke me stick me stab no nothing LIF up your hands I got cups on bro like come on now you up your hands bro my how how man like come on now how see how your arms go up see how your arms go up and down just like that they don't go up much bro they don't go up much they go up saying just check my pants do your job my nerves bro up if you would have acted like a normal person I was noral as [ __ ] did I lie to you the whole time I tell you my friend was coming then he was so what are we doing here what are we doing and you put your hands on me I didn't when did I put your hands on you bro you put your hands on me waiting when I put my hands on you I tried to get you off me cuz you were grabbing me and it's on film so you know it's whatever though all right come on my stuff just take a seat in the car real quick why are we doing all this man can you just unlock it for me go take a seat at least get my stuff off the front of the car like SL in his police report officer deas made some very inaccurate statements and said that Mr Johnson had been smoking and had even fought with him these claims were later found to be false Mr Johnson sued for violation of his personal rights after the incident lame Mesa agreed to pay $125,000 to settle a lawsuit over the May 2020 arrest of aore Johnson conducted by Officer Matthew deas the settlement followed a video video showing D's grabbing and pushing Johnson leading to allegations of excessive force and wrongful arrest deas was fired and later acquitted of lying on a police report on January 26th 2020 Melissa Hughes was driving home after picking up her son and his friends from a pizza place just a few minutes away from home several Patrol vehicles from the Grand Rapids Police Department suddenly pulled her over and numerous officers immediately approached her with their hands resting on their Hol Ed Firearms Miss Hughes was wearing a black lives matter sweatshirt with her cousin's name on the back her cousin Darius Wimberly was previously shot and killed by a Benton Harbor police officer in 2016 how can I help you hello my name is Officer venberg Grand police Department reason for the stop today I'm sorry can you roll your back windows down roll my back windows down yeah just so we can see um reason for the staff today is your license plates expired do you have your driver okay do you have a driver's license proof of insurance you FL in the my Bo why they're all miners all three of them are minors all three of them are miners they're all miners all in my care okay do you have your proof of insurance no no no cuz I'm I'm going to do it on Monday okay you my registration if you have it yes my registration where are you guys coming from today I was picking them up from peeps from Little Caesars and going right here to my house which is right there okay they're all miners so y y got they got to answer any your question correct correct we're just asking for their information they're all miners no I don't have to give them y'all information y'all all miners all yall okay did you get his no that's my son okay and they both in my so okay we're we're just trying to figure out who everybody is okay this is my son and his two friends that's it all right you go run my stuff all right be back up with you in a minute the officers pulled Melissa Hughes over because of the vehicle's expired license plate tag as seen in the footage they needed probable cause a valid reason to suspect a crime to stop her search the vehicle or make an arrest although the stop was valid the officer seemed interested in more than the expired tag particularly in identifying the miners in the car which they were not required to do under Michigan's passenger rights Michigan's laws allow officers to request identification or conduct a search but individuals can refuse unless there's probable cause or Reasonable Suspicion of criminal activity the Michigan Supreme Court has found some passenger searches unconstitutional in essence officers must have a valid reason to suspect passengers are involved in a crime which was lacking in this case the miners were within their rights not to share personal information protected by the Fourth Amendment against unreasonable searches and seizures subject staff who wants to speak with police for at this part down we've been following him since uh Eastern she's expired at this point the officer checked Melissa hughes's details and found that her driver's license had also expired meanwhile another officer continued to watch as Melissa remained in the vehicle with the three children ma'am could you roll your back windows down again for what just to make sure I can see back there he nobody got no weapons or nothing okay so why do I got to keep rolling my windows off like I said so I can see back there what I'm going to have you do is step out of the car right now why your driver's license is expired my driver's license expired yes it is I have till 10 days after ma' step out of the caret for what put your phone down step out of the car for step out the car why face forward for what put your hands on your head I told you your license is required soop get ared put your hands on your head I was my birthday put your hand put your hands on your head they're right there okay walk back with me for real we'll go on this side go where right over here trying to find a spot where there's not as much snow that'll be good for now hold on my PR okay we'll get it off you okay keep your left hand on your head I okay as long as you're calm I'll be calm okay I don't have a problem keep keep your left hand on your head uhhuh I don't understand why I'm being put in cuff well I told you your driver's licensees expired I was taking care of it all on Monday I thought I had 10 days for the 31st I thought I did okay can you bring your left hand down for me uh my aunt just died yesterday so I was out of town all day at the hospital all day today with my I'm sorry to hear that yep I've never been put in cup a day of my life all right I'm going to double lock these so they don't tighten up on you okay all of this were expired for my life being expired yes oh I'm sorry I had a Monday like I said my aunt died Friday I've been at the hospital all day today okay do you have any illegal any M no ma' no sir okay no I got my phone no I don't even have my phone okay in Michigan law enforcement officers generally have the authority to order a driver out of a vehicle during a traffic stop if they have Reasonable Suspicion or probable cause to believe the driver poses a threat is involved in criminal activity or if it's necessary for officer safety however the specific circumstances of each case can influence whether pulling a driver out of vehicle is Justified Michigan State Police Lieutenant Mike Shaw once stated that there is no specific law requiring people to exit their vehicle during a traffic stop the US Supreme Court ruling in Pennsylvania V mimus found it reasonable for police to order people out of their car for officer safety during a lawful stop and based on Reasonable Suspicion or concerns for safety considering these legal aspects the officers may not have had a strong enough reason to to pull Miss Hughes out of her vehicle especially since she wasn't under arrest at that point despite this the officers continued their investigation and conducted a search including checking Miss Hughes for weapons before securing her inside a patrol vehicle don't have nothing else on me sir I don't have no other pockets okay all right I'm going use the back of my hand where it's appropriate I don't even have my B I just ran to pick up the boys okay they walked all the way to Burton and Eastern to pick up the pizza I said Mom can you come get us it's cold well we're not lying it's a little chilly out here y I just ran down and pick them up didn't think about my place at all same thing back of the hand where it's appropriate okay it's going to be a little slick this way so be careful and I'm going to hang on to you we're going to go back this way and have you sit yeah want miss me your offence I got you okay I have my phone no oh I can't I can't call somebody I don't need to be bail out the jail am I going to jail we'll talk about that in a minute okay I need to know I'm call my mom well we haven't decided that yet okay Miss Hughes was placed in handcuffs searched and put in a patrol vehicle with an officer mentioning they were deciding whether to arrest her this raised concerns of racial discrimination possibly linked to her black lives matter sweatshirt the commanding officer then issued two citations against her leaving her in the patrol vehicle for over 10 minutes without explanation [Applause] yeah all right Melissa come on step on out I'll help you once you get partway y yeah all right I'm going to do your right hand first when I do just take it and put it on top of your head okay same thing with the left hand all right you can relax okay still stuck there we go all right so I got your driver's license and your registration back so this is actually going to be two citations so there's one that's a civil infraction for the expired registration plate and then there's the Mis meanor which is for the expired license you have 10 days to take care of each of them I went ahead and circled the phone number there go ahead and call that on any business day so if you want to call that Monday morning after I've taken care of it or before that that's to take care of it so call that number and they'll tell you the terms and what you need to do to take care of it okay okay all right did you have any other questions for me m okay and then still make sure you get those up to date okay yep I will Mond morning all right your uh on Hood Miss Hughes received citations for the expired tag and license however the officer's actions of pulling her out of the vehicle handcuffing her and confining her ra Ed concerns of racial discrimination the Michigan Department of Civil Rights filed a discrimination charge leading to a $45,000 settlement in July 2023 Miss Hughes withdrew her complaint in exchange for the settlement resulting in the dismissal of the case against the Grand Rapids Police Department on August 12th 2018 Anthony Parker was driving his girlfriend's car with her and his son when Louisville Metro Police Officers stopped him for allegedly not using a turn signal body camera footage contradicts this claim showing he used the signal correctly what's up man how much how y'all doing today I just leaving church awesome man that's awesome I'm not you didn't use your turn signal he was already over I got I got to do it why is broke I got you that's the reason why man the only reason [Music] do I yeah just cuz your turn are there any weapons or drugs in the car anything like that I just left CH my son so there's no guns in the car any knives no no narcotics awesome man your hands are shaking like a leaf brother even your faces I just like people to be honest and straight up with me do you have your driver's license my LIC Okay aw I paid the reinstatement sir Okay aw I don't have no damn working now man do faor put your hands on steering whe for me appreciate it before exit vehicle you have any weapons on you any guns awesome mainly concerned about hey I'm going get him out I'm get that out and we're going to go to the back and then we'll get you out here in a second okay all right man when you ask we keep your hands visible all times all right don't put your hands in your pockets I'm not up yeah I'll get them so not KN you get in trouble your m a check real quick go ahead anything think the car gets in trouble Man nothing your check appreciate spread feet want for spread your feet all yes sir than sorry we're just going to come back to the officer falsely accused Mr Parker of not using a turn signal then searched him and requested consent to search the vehicle any evidence from these searches could be deemed inadmissible under the fruit of the poisonous tree Doctrine as the alleged reason for the Stop was fabricated this Doctrine excludes evidence obtained from illegal searches or seizures even if consent was given during an illegal detention as seen in previous legal cases like Florida V Royer and USV Blair I'm step on out real quick got your on you you just live there live there that's fine step on out let's watch this great come back here for me pass you down real quick you got anything on you okay I spin around real quick I'm right down your Qui who's the gentleman in the car with you okay all right what's your last name fman last name is Ferman f i r m m t r i a okay what's your uh middle ini birthday9 your okay we do this is how we conduct all stops we just a different type of unit that works a little bit different than the traditional another officer removed Miss Ferman from the vehicle performed a pat down without her consent and questioned her the Supreme Court's ruling in Pennsylvania V Mimis 1977 allows officers to order both drivers and passengers out of a vehicle for officer safety during a lawful traffic stop even without specific concerns for safety however the Supreme Court's decision in Arizona V Johnson 2009 clarified that officers must have reasonable suspicion that the person being frisk is armed and dangerous to justify a pat down during a traffic stop the six circuit has applied this precedent emphasizing that officers must reasonably believe the individual is armed and dangerous based on specific facts in the case of United States V Johnson 2021 the court highlighted that a lawful stop doesn't automatically authorize a pat down search unless there's Reasonable Suspicion of criminal activity and a reasonable belief Bel that the individual is armed and dangerous in this situation given the lack of a valid basis for the traffic stop and no articulable evidence suggesting Miss Ferman was armed and dangerous the officers pat down Frisk on her would not be constitutionally justifiable even if the stop itself was lawful everybody yeah I got to double push my a lot of the Mone Pro I got to double push the hazard like sometimes it'll work you know you hit the hit it like normal but then sometimes I got to double push the hazard for the CLI of come in so that's probably what happen like I didn't even know I didn't you know I used it I know come you're good yeah sweet all right man I'm not going to harp on the o or nothing like that appreciate problem now you guys are good to go after finding nothing illegal during the vehicle search the officers allowed Mr Parker Miss Ferman and Mr Parker's son to leave without issuing a citation on August 7th 2019 Mr Parker and Miss Ferman filed a federal lawsuit against the officers the chief of the Louisville Metro Police Department and the head of the ninth mobile division their attorneys who also represented bana Taylor's family alleged that the ninth mobile division regularly engaged in cve and unconstitutional practices during traffic stops the complaint detailed tactics like intimidation trickery to obtain consent for searches and quick double negatives to confuse occupants into consenting the city agreed to a $75,000 settlement on September 9th 2021 which allowed the Metro Government to deny wrongdoing and barred Mr Parker Miss Ferman and their lawyers from criticizing the Louisville Metro Government or the involved officers on May 13th 2022 the Battle Creek Police Department received a call that a man was walking around the street for no apparent reason and taking photographs the police officers who went to the scene were recorded by the camera of the person we will identify as Mr audit okay can I get your name and badge number Matthews 1163 1163 y can I get your information please am I suspected of committed a crime I got a call okay I about a susp person who is walking up and down the road approaching houses okay I investigating a potential crime okay are you going to give me your information so that I can investigate you suspect me to committing a crime but I can just tell you that I was on the sidewalk I was taking pictures of this house for a reason that the owner knows and that's it okay do you have your ID on you I'm not going to provide you with ID unless I've committed a crime I am investig a a potential crime okay what crime are you investigating in saying that you are taking pictures of more than one house okay okay it is my job to make sure that you are not casing any houses okay all right what crime do you suspect me of committing I've already explained that to you sir can you articulate a crime with information that I'm requesting or not no are you going to articulate a crime I've already explained that to you multiple times yep okay so you suspect me of being suspicious in the US police can't make arrests solely on a tip they need probable cause which means having a reasonable belief a crime happened and the suspect is involved tips can spark investigations but the police typically need to find other evidence like witnessing suspicious activity to support the tip before pressing charges in this case even when the police had access to terminate their Reasonable Suspicion which meant talking to the landlord they chose not to do so and continued to press Mr audit with questions he did not want to answer there was a call mhm of you taking pictures and approaching houses was not okay well that's the call you've asked me to explain myself and I'm explaining myself and I'm explaining why we're investigating okay I'm explaining why you are required to give me your information I'm not required to give you identification unless you can reasonably articulate a crime that I have committed this is not a stop and ID State I have already explained that to you are you willing to give me your information no okay so you're obstructing an investigation I'm not obstructing obstructing is a secondary crime that I have to been committed I have to be convicted of committing a crime in order to be obstructing what part of this is you are you failing to understand is I'm not failing to understand anything I think you're failing to understand I'm I'm not okay okay I'm here for a legitimate reason and I'm trying to obtain your information so I can verify that you're here for a legal purpose okay okay I am here for a legal purpose okay and what purpose is that I am doing an inspection on a house okay who do you work for why is that important so that I can call and verify that you were here and that you are an employee okay so you want to you want my information to verify that I am here for a legitimate reason why would why wouldn't you ask the homeowner who's standing behind me and I I can okay that's part of my investigation but right now you're not cooperating with that I don't feel that I'm not Co I feel that I am cooperating we could have already been done and gone with with this okay okay so I'm failing to understand why this is becoming such a process because it's my rights like I'm standing up for my rights so my right my Fourth Amendment right says you cannot seize my identity unless I have been con suspected of committing a crime you have yet to articulate with Reasonable Suspicion a crime that I have committed I have dispelled I believe I have dispelled any evidence of me committing a crime by telling you that I'm here I am inspecting a house okay so what crime have I committed or do you suspect me of committing can I speak go right ahead okay as I've explained multiple times we got a call that said that you were taking pictures and approaching multip houses that you are currently at this house okay yep entering on other people's properties not a true statement okay and I don't know that because I have somebody who's saying that that happened people lie to us all the time yes okay it's my job to investigate yep and identify people who could be potentially committing crimes in the neighborhood which in this case is the concern okay all right I need your identification no you don't so that I can verify okay the right to refuse ID to police depends on the situation many states allow ID requests during lawful stops but refusal might lead to detention not charges for refusing ID itself Supreme Court cases like Terry V Ohio permit ID requests during brief detentions based on Reasonable Suspicion but a full arrest needs probable cause you can politely ask if you're free to leave and inquire about the reason for a stop while police can investigate without your ID it can help them connect you to the crime or eliminate you as a suspect also the fifth amendment protects against self-blame essentially allowing you to avoid saying things that can be used against you this can be indirectly linked to self-blame because it allows you to avoid taking responsibility verbally even if you feel it emotionally in this case it was not right for Mr audit to prolong his conversation with the police because every second he kept talking he was giving them more leverage so I would suggest I would suggest that you talk to the complaintant this wrong can I request supervisor I'm requesting a supervisor I'm formally requesting a supervisor officer Matthews okay and I'm formally requesting your information not to mention is that a lawful order yes it is no it's not okay you're you're attempting to use the color of law which should be violating my rights I'm not violating your forth am rights yes you are you're attempting to you have not done it yet but you're attempting to what's your name and badge number please is that how you answer the judge that's how you answer the judge you just point at your right here yeah so Hickman and your badge number is 44 44 thank you the other concern is that you are going house to house which is the call that we got is that you have to have a license in order to do that so have you filed a license with the city of Battle Creek so that is if I am pedaling or panhandling which I am doing neither of which which is also what we're trying to identify right which is also a crime okay so I do have a legal right to obtain your identification as I've explained on multiple occasions so I am not pedaling sir have I solicited you for anything do you understand why this is way more complicated than it needs to be because I'm expressing my rights I'm exercising my rights you're that's why it's a problem your rights I am you're not I've explained the legal right that I have to obtain that information no and you are obstructing that investigation secondary crime and not allowing me to so cite me a give me a statute that tells me that you suspect me of committing a crime cite the statute a statute sir yes you have to cite a statute you have to supply me with reasonable articulated suspicion of a crime what is the crime that you suspect me of committing I've explained that multiple times I don't know how else to explain that to you can I talk to you for a second come in there doctor [Music] Michael you have a good day take care can I request the incident number officer Matthews are you not going to provide me with the incident number when I requested it or the supervisor when I request the supervisor if you want to talk to somebody you can call okay who's provide with your information I'm not going to provide you with an incident number because I don't know who you are what's your Sergeant's name Sergeant Henley Sergeant Henley okay perfect thank you I'll be filing up with a formal complaint at the end of the video the police asked the landlord a few simple questions to prove that Mr audit was indeed telling the truth which they should have done at the very beginning he said he would file a formal complaint about the incident but it remains unclear whether he did so on August 30th 2022 First Amendment auditor Drew ryar tried filming at the Northern Nevada Correctional Center in Carson City Nevada this is a medium security facility Mr rybar said he was auditing publicly accessible areas of the prison he planned to film the visitor parking lot and anything else visible from outside while filming on a road leading to the facility which is considered Correctional Center property Lieutenant Aaron ryer of the Nevada Department of Corrections approached him hi there going sir what's your name for you what what's your name Lieutenant ryer what can we do for you I'm just taking pictures and filming okay could you do it off the property please um is this a public roadway no this is not a public where where does it say there this belongs to the prison sir I need you to film off the property where does it say no trespassing sir I'm asking you to please film off the property otherwise I'll have Carson so come tell you to get off the property well well can you show me where it says no trespassing no sir I'm not showing you anything I'm telling you you need to get the property well well then if if there's peace officer for the state of Nevada I I appreciate it's not an unlawful order so could I please you to go the property if it's not an unlawful it's not an unlawful sir yes or no Club Car us up well let me ask him a question you're not you're saying I don't get to ask question callson and let them know tell them that I'm exercising my constitutional rights okay here we go we've already been stopped and and we're going to go look for a no trespassing sign we're going to wait to go across the street here okay no no trespassing signs anywhere that I can visibly see here Lieutenant ryer couldn't find any no trespassing signs but Nevada's trespassing law applies on both public and private property even without signs a verbal warning is enough so Mr ryar could be trespassing if he refused to leave after being asked government property like the correctional Center isn't always open to the public visitors need approval and media visits require pre-arranging and getting permission to film Mr rybar likely considered media would need a written request 2 weeks before filming and we'll just kind of keep going over here now these guys are surrounding my truck they're preventing my path of movement down a public road yes sir and what was your name again lieutenant ryer I already told you sir and do you have a badget number close in the window yes sir and what's your badget number 10,300 10,300 okay um so just let you know what I'm involved in sir I'm not worried about what you're involved in you're on our property I need you to leave I'm I have nothing else to say rise thanks again where where are the okay okay so I'm going to say it real loud with your roll up window so i' I'd like you to read four dice versus Seattle that's case law hang on I'm I'm going to I'm I'm telling you that right now under NRS 19 7200 you're oppressing my rights under the color of law so your qualified immunity may not exist I'm exercising my constitutional right to film in public the most recent court the 10th circuit in July 22nd in isari versus yahia so that's your case law for what I'm doing you have a nice Mr rybar cited legal precedents that support the right to film in public places under the First Amendment these cases establish that filming in public is generally allowed but can be restricted in certain places like government owned property factors such as how accessible an area is to the public and its historical use determine if it's considered a public forum for example if an area is regularly used by the public and has no clear restrictions on access it's more likely to be a public forum where filming is allowed however if the area is restricted or used for specific purposes like a prison or government facility filming may be restricted or prohibited this aligns with past Court decisions that have upheld restrictions on filming in certain locations such as jails or private property to maintain security and Order there no parking no use of tobacco well we can see my feet how close I am to the road here so I should be on the public easement that was pretty fast response just for looking at their sign on the road sir I am good how are you what what's your name and your badge number I'm Sergeant Smith Sergeant Smith yes sir and your number I don't have a badge number I have an employee ID number 38095 you can ask what you're uh what you're doing out here I'm exercising my constitutional right to film in public and to disseminate the information as a member of the press okay I can only let you go so far sir you you can't come on the state's property we're not allowing you on there you're also not wearing the right color for that if you wear a blue shirt we can mistake you for an iny well um let me ask a question here the state owns this road I believe they do yes okay is there are there any no trespassing signs from I don't know did you see any in your way in sir I documented everything and there are no no trespassing signs that I can find is this a publicly funded Road open to the public and if I'm a visitor can I come down this road you are you here to visit an inmate I'm here to do my business okay well I I will let you know sir that we have called the sheriff's department and they they will be on their way okay okay so do you want interfere with me accessing a public roadway you can access a public roadway if you believe this is a public roadway by all means I'm refusing to let you on the state's property I I I don't want on the state's property anywhere that the public can go here I should be able to go right 100% but other than that I'd like to continue down the public roadway to any public parking to where visitors May Park and see what they go through to come and see their friends and family that may be incarcerated inside is that illegal you're you're standing in my way impeding my path there's there's many ways you can walk well I I'm trying to purposely stay close to the road away so if I keep walking are you going to interfere with me I'm not going to interfere with you okay thank you there's the warden's car hey excuse me sir yes sir how may I help you I'm just taking pictures no sir you cannot do this I'm the warden of this complex oh good I what's your name sir hang on let me get let me get closer so I can hear you sir let me get closer so I can hear you can I get closer so I can hear you can I get closer so I can hear you no sir oh I can't get closer so I can hear you I'm going to ask you to remove yourself from the property is this trespassing on State Property not you're you are in an unauthorized position uh property sir okay can I I need you to I need you to remove yourself from the premises sir can what what's your name sir sir I need you to remove yourself from the pr what's your name sir yeah we call the l l boy yeah he's right here insert this gentl trespassing on the property sir can you identify yourself I'm the warden of the company and what's your name so I'm asking him to be removed as Sir what is your name you've engaged with me sir what is your name he came to the property without sir what is your name fac down it is disrupting operations this is disrupting operation sir sir what is your name okay put that down put your hand behind your back okay disturb on the prop I'm not going to RIS guys at all Deputy Bueno plans to charge Mr rival bar with trespassing obstructing and failure to identify under Nevada revised statutes the obstruction charge is based on Mr rybar refusal to leave Correctional Center property citing a similar case precedent the failure to identify charge relates to Nevada law requiring individuals detained by officers to identify themselves though Mr rybar did comply with this requirement okay can I buy one no you may not right now you have the right to remain silent anything you say can it maybe use against you in a court NS excuse me I didn't interrupt you did I okay if you don't want to hear your rights then we're not going to talk about it okay I'm not going to ask you any questions step over to my vehicle okay thank you sir you're in custody at this point and what am I being arrested for you're being arrested for trespassing okay so where was the uh no trespassing sence well I'll explain everything to you but right now you're not under Miranda so I'm not going to ask you any questions I'm just asking you question well you don't have a right to ask me question this point you have a right to get in the car hop on in there we need some statements I'll be happy to so that way we have someone from from the state here you know that's going to press got no problem and then um we're going to have to probably tow his truck too yeah I'm I'm sure he's probably one of those advocacy groups I'm sure he is and and I'm I don't really care about his agenda I just care about that obviously he's disrupting business here so if if anybody had contact with him that gave him that um that trespass verbally and he and he refused I'll need that kind of in your guys' statements they're going to do statements of the effect of the trespassing this is a it's a prison it's a controlled area all visitors are required to check in he didn't do any of that he refused to leave they're on lock down do you want to do obstructing I mean these they're cops yeah did they any body ask him an idea at all on the property not to my a knowledge because I just asked him what what was his name he refused to acknowledge me to give me why was see what was his name part here okay new failure to identify too and then you did you guys ask him for his name at all I did not ask him for his name I just tried to see why he was here and try to direct him off the property to building 17 over there right down the road to get some information okay so those three any questions um sir you have my car just um let me know all right all right thank you okay so you do have the right to remain silent anything you say can and may be used against you in a court of law you have a right to talk to an attorney and have an attorney present with you if you wish you can choose at any time not to make any statements or answer any questions do you understand those rights I'm bringing one in just so you know all right sir up on out please there the car right here make a left have a seat in that blue chair got a little swey back there little bit did the a run in no it wasn't I trying to Hot Box me I have the air back there going huh well you rolled up the window that left to Breeze what's that yeah you rolled up the window that left to breeze so like I said I trying to Hot Box you you really do need to go the 10th Circuit Court July 22nd opin I'm not going into any court today I'm no I'm I understand but you're arrested me for filming in public no I did not trespassing and obstructing how did I obstruct hey I'm not going to get into it I'm you have a big plan and idea in your mind you can let that play out you refuse to identify yourself you're required to give your name I refuse to identify myself that's nobody ever asked me to identify when I asked the warden to identify I'm going to just tell you something I'm not going to argue with you I'm not trying to argue I'm trying to you can do this in court later on I don't care what you have to say right now about that ansers the question according to Mr rybar the criminal case against him was dismissed on December 20th 2023 as part of a plea bargain where he pleaded no contest in exchange for a later dismissal court records are not publicly available to confirm the status of any charges filed against him on January 29th 2024 Mr rybar filed a pro-c lawsuit in State Court later removed to Federal Court the complaint alleges multiple constitutional and state law violations including reckless driving false imprisonment unlawful taking of a vehicle Grand Larsen and malicious prosecution as of the date of writing the case is still pending