on May 6th 2024 independent journalist Jen filmed outside the Montgomery County Clerk's Office in Tennessee a security guard approached her claiming she couldn't film without permission and called for a deputy when she refused to answer questions Deputy Evans responded and their interaction was captured on his body cam Hey sir how you doing good how are you good I'm scared for my safety of this guy okay I'm here to do official business okay and I'm going exercising My First Amendment right that's what I'm doing hey let's get out the road okay that's what I'm doing okay secur I'm not breaking any laws right um so I mean you're just going around filming yeah okay um I'm a citizen Rue journalist this is what I do with government officials and I'm here on official bill business I want to check into the tax maps stuff like that and I did film by the DMV because that's something new I never seen that before not breaking any law sir and I'm not giving you my ID either okay cuz Tennessee is I'm not it's not a St of ID State okay unless you unless you being unless I'm being arrested for something then I have to give you that my ID right right now you're not being arrested okay you're not detained um you're free to go okay she's going to be escorted off the property though it's against the rules here to film without express permission and for me to ask her what her purpose is here and her tell me it's none of my business well that's incorrect right so she's not allowed to film here unless you have explicit permission from the facilities engineering manager those are the rules here this is County government property this is not public property ma' government is public property no ma' it is not I'm sorry but you cannot f here without permission I don't need anybody's permission to exercise my lady off my property yeah give me just give me just a second can I talk to your supervisor um probably not um I want to talk to your supervisor because I'm here to do official business with public records give me just a sec so security guard wants this lady kicked out of here because he said she can't film here without permission yeah she's asking for a supervisor I'm like look we you don't need one I'll just talk to the security guard and be like look man per my supervisor she's not hurting anything and not bothering anybody she can film here she's outside the library yeah she's just being an auditor yeah and I don't know about her trying to get into she can film inside the library right I just wanted to make sure I just want to make sure I'm right like yeah okay yeah cuz I don't she's not doing anything wrong hey so I just got off the phone with my lieutenant yeah and I mean he said she's good to film and walk around no no she's not she's not you don't know the rules here right okay you need to you need to check with somebody before you make that that's my lieutenant dude I don't care I the rules here I enforce I want her off the property she's not allowed to film that's not up for debate period I mean do I have to call you know mayor golden or something I mean if you want I mean like I said I just got off the phone with myant I don't care what your Lieutenant said he doesn't know the rules here either okay she's not allowed to film without written consent from Mark who is the facility's manager right if I ask her what she's doing I expect an answer not it's none of your business I'll do whatever I want I want her off the property it's that simple she's not allowed to do what she's doing your Lieutenant is not his decision to make these are the rules period And I enforce them if there's a problem with that I I'll you know if you're not going to back me up then I'll it's not that you I'm not wanting to you know like she's allowed to do what she's doing you don't get it me this is government property not public right she can't do it here without written permission and consent when I ask her what she's doing and she refuses to tell me she's leaving a property that's all there is to it I mean from my understanding she's not breaking any laws according this is County govern do you know what the rule are here at the County government um facility here do you know what they are anywhere open I mean it's open public please do you know what they are you know what the rules here are no not I do that's my job I'm telling you she's not allowed to do what she's doing and I want her off property period it's really simple she's not allowed to do what she's doing and after giving me the hard time I want her off the property I got other things to attend to but I mean I'm not allowed to kick her you most certainly are allowed to escort her off property yes sir I've had done many times don't please don't tell me you can't do that incorrect but she's not doing anything WR oh my goodness we're going to go over this again yes she is she is violating the rules here at County government property you're not Deputy Evans informs the security guard that he will not remove Miss as she is not violating any law the security guard insists that she is not allowed to film in the parking lot in general it is important to understand that although neither the Supreme Court nor the six Circuit Court of Appeals which has jurisdiction over Tennessee has directly addressed the First Amendment right to record every federal circuit that has considered the issue has determined that the first amendment protects the right to film the police with some jurisdictions recognizing a broader right to film government officials or matters of public interest only because Miss kums was filming government buildings from a public parking lot can we say that her actions were protected by the First Amendment okay yeah she's just filming and the security guard got a of that I'm like she's not breaking any laws he's like well she like but she's breaking the rules I'm like yeah I'm like if you want to kick her out you can but I'm I'm not I understand what his issue is I mean like everywhere that's open to the public she can go but I don't know I he's he's not getting it I'm like dude she's not breaking like if you want to call him aor you can call him a but okay but I mean like she just agreed with I don't care what she agreed with like I said you guys don't know the rules here this is my she's filming me without my permission which is another violation sir she needs to go period so like I me you're allowed to record I mean like no not here you have to have written consent and the person being filmed has to give consent I do not she us to leave property it's that simple that simple those are the rules here and this is my job okay if you're going to undercut me I'm not yes you are if you're going to undercut me let I need your name and badge number so I can turn it in but I call you guys I expect to be backed up okay not to be told what it's like off property on property it's a different set of rules what I'm saying is she's not breaking the law she is you don't get it you just don't get it dude you work for the county you still don't get it she's not allowed to do what she's doing on County government property either escor her off or please give me your name and badge number so I can take it higher sick to death and not being backed up here okay I'm trying to do the job they tell me to do and you guys are cutting me off at the knees she's not allowed to do what she's doing she's not allowed to fill me without my express permission and I don't give it she needs to go period Well I mean she is Tennessee had it's a one way argue with me I don't get it may I have your name and badge number yeah I'm Deputy Evans K 954 I'll have my with me there you go I like to have an esort to do public records no ma'am you are not I'm asking him you're not asking me this is my post this is my post you're not going in that building I'm she's not going in these buildings dude she's not doing it why you go against government policy like that man it's not the law County it's County government man they have their own rules here that have to be followed I like to have an escort please she's not going in that building I'm telling you right now thank you I like to have esort hang on this SI you I mean you can make phone calls yeah I can't believe me I'm in the right here not allowed to do what she's doing on this all right yeah you might want to swing out security guard's got a case of that he's like I'm not allowing her in any of these buildings and I'm like she's not breaking the law she's just like First Amendment audit and and I'm not I'm not I'm not fishing it's not the auditor that's the problem yeah I got my supervisor coming um dude the rules aren't going to change because your supervisor is on the way I know it's that simple like I understand you know feeling some type of way with somebody feeling filming and stuff like that it's against the rules on this property it's not how I feel about it it's period it's cut and dry but I mean it's she it's not it's not illegal dude you're not you just you don't get it this is County Government and I work for the county yes then why are you not backing me up here because enforcing the rules that I have to enforce here I mean if you listen if you cut me off at the knees then you effectively cut my job off I have no Authority here to do my job if you don't back me up and I I will call Wes and talk to him about this I've already had to do it once already unbelievable man supposed to be working together here we're both couny right right I mean but she's not causing a disturbance she's not hurting anybody not listening I mean it doesn't none of that is that's irrelevant it's irrelevant she can't do what she's doing she's filming me without my permission on this property is not acceptable but I mean she's allowed to you she oh God that's not against the law either dude yes it it you don't have no idea what goes on here you need to learn what goes on here before you come make a decision cuz you don't know you do not know am I getting the escort to do a public record that building I'm not talking to you sir I'm security here I'm telling you you're not going in that building filming she's not doing it talking to you sir she's not doing it period but she's allowed to no she's not I mean like legally oh my God you are so hardheaded she is not allowed to do it you can't film yeah you can no oh my god dude you cannot on government Pro the security guard informs Miss that she cannot enter the library but Deputy Evans disagrees stting she is allowed to enter and film while libraries are considered limited public forums where the government has more authority to regulate activities compared to traditional public spaces courts have ruled that they must still permit rights consistent with the library's purpose the Clarksville Montgomery County Public Library's policy does not specifically ban filming as long as it does not disrupt operations or invade the privacy of patrons a court would likely determine that the security guard had no legal basis to prevent misc comes from entering or filming as long as her actions were non-disruptive and adhered to library rules oh my I want an escort you are not going anywhere inside my buildings so period I don't think I can give you an escort um well I don't want this guy assaulting me that's I'm trying to avoid you know what as long as you're on this campus I'm going to be in your Shadow whether you like it or not just don't assault me no one's touching you I was touching you so can I go inside to do a public you can't I start walking into that door he's guys try to I will physically stop her she is not allowed to do that you need to get a handle on this now do you understand why I'm asking for ES because he stated he will to put you not allowed to go in there the county clerk is who called me to come take care of this right so you're going to say that you know that she has no Authority either well I mean if if elected official and you're telling me she has no authority to let me do my job if the county clerk didn't want you in there they have the right to ask you to leave but I'm doing a I'm doing a records request and that's like under a stot like um I don't know a whole lot about that and I don't know where you would do it um like a public she is like the consum records she very well could be like I said I don't know a lot about that so she us to person you to do it with so maybe I'm not getting my point across clearly um um I don't you have no point my friend I'm sorry I don't mean to talk like that but I have the point but if if she asked you to leave you do have to leave she's not going in Period you're not going in that build against you oh lawsuits involved possible lawsuits I'm here to do a a simple public record well then you have to go through the process ma'am you have to get permission from our facili manager I don't need I don't need permission to you have to get permission from our facili manager yes do that see so let my supervisor get here he'll he'll explain it cuz maybe I'm missing something maybe I'm not getting it my friend you're missing the point you're missing the point she needs to property period now if you want to go and get permission to do what you're doing I have no problem with that ma'am you just have to go through you have to go through the proper Channels cuz I I mean it' be the same if she walked into the sheriff's office with a camera you're allowed to do that you're allowed to film inside the sheriff's office we're not the sheriff's office we're not the Sheriff's Office public property it is not ma' private no it's not sir it's this public property yeah yes no it's not it's government County oh my God not private why do you think I we can't let cars park here overnight because it's not public area right it's not public it's not private hey real quick did the did the county clerk ask you to leave when you went in there I was outside the whole time but okay I I just want to make sure I'm relaying everything correctly so she's here filing um wanting to do like you know filming stuff um how I introduce myself nice to meet you I'm a friendly person I'm just here to do a public records request under the Tennessee statute and want inquire about their policies and stuff that's it and I did film on the side of the DMV because that's something new that I never saw so I was like but I never went inside I stayed outside um I'm just exercising my first remember right as a citizen yeah not breaking any La hauls like I don't know what this I don't know what his sec I don't know what his deal is so it's my understanding that the clerk's office didn't ask her to leave she was outside the whole time but I guess one of them might have felt nervous and now he's not wanting to let her in please so that's where we're at and I was trying to explain to him like Hey she can go in she can film what hey I just watch your back second um no you're good um you're not doing anything wrong as long inquire what the public record absolutely absolutely no um as long as you're not accessing restricted areas or anything like that yeah no you're good um just got to I'm have to talk to him yeah how's it going man you do okay you doing good um you know where the clerk's office is so I could go straight there so the clerk's office is right here okay um like I said I don't know anything about the process to uh do a public information request I'm just afraid that he's G to put hands on me he's not going to do that okay no you're yeah you're fine yeah like I said you're not don't access restricted areas you're good to go yeah just want to keep an eye on him cuz you know like I told her or I told him you know like she's free to film wherever yeah she is not absolutely but he's he's a little upset about it he's saying that it's private property and I'm like no it's it's government it's public property anybody could be anywhere so that's correct except for you know restricted areas but he's like well that's the rules and I'm like look man that's the law what I'm telling you so yeah no we're good you're good how's it going man good good good well apparently the library has much different rules than a lot of the other places in the library you cannot film without Express written consent you also cannot film somebody in the Library without their personal conent okay apparently so here's the thing with that what this lady's doing is okay apparent it is it is absolutely here's the thing with that that's why I was saying like like I was probably not explaining it correctly you I wasn't trying Library says that yeah their policies are not going to Trump yeah I mean she can still be asked to leave but I mean she certainly can't let her go into these buildings filming and disrupting but you can as long as she's not there's nothing you can do to stop yeah as long as she's not interfering well that's restricted area she doesn't have business in the office that's in a sense that's where they've got to fall back just like we do like this gentleman right here is filming right now I can't stop what I'm doing yeah yeah sure just because he's fil Sergeant forer explains to the security guard that even if the county had policies prohibiting misc comes from filming those policies could not override the law the supremacy clause of the US Constitution establishes that federal laws take precedence over state laws or policies this means any government policy that violates constitutional rights such as Miss cs's First Amendment right to film cannot be legally enforced a court would likely rule that any such policy prohibiting peaceful filming in the public parking lot would be unconstitutional work around that we're okay unfortunately you know like oh not unfortunately but I mean that's just I mean that's especially working in the public you know you're going to have guys I so much stupid stuff here man it's like I said I'm not trying to not trying to not back you up but huh that's not what he said sir that's not what he said no sir but not at all like I said he said he deals with stupid stuff he didn't say stupid things happen here you know just silly stuff you're fine no you're good fine but yeah that's I mean that's something that you know just part of the freed out Teresa over there and and it happen I mean they've just got to learn to work around where did she go anyway she went in there all right as long as she's not accessing restricted areas now if they ask me to remove her now the county clerk yeah can ask her to leave but as long as she's like causing any commotion or anything which I don't think she will right but but I mean when you start getting complaints well I don't want to be filmed that's not a valid reason yeah that's not a valid reason I mean like he could film he could turn around and film anybody in the public right now he it's annoying to some people but it's there's nothing wrong with it is actually down there I'm still going to have to go and make sure that you know there's not a problem down there well if there's a problem they'll call they will yeah you're not going to have to follow around the whole time I'm G to tell you I've when you do start doing that that's where the problem's going to be cre let them do their thing I I still I'm doing my thing yeah okay I'm doing my thing so I walk this place all day every day if I happen to walk in that direction I'm not following her I'm doing my job absolutely right so that's all all right I just want to make you're fine no you're good man main here all right after the encounter Miss was allowed to film inside the clerk's office without further issues she posted the footage on her YouTube channel the next day and later shared the body camera footage from the officers Miss reported that the security guard was removed from his position following the incident in a video posted on August 17th 2022 YouTuber Benjamin spandy visited Valley Fair amusement park in shap Minnesota with fellow YouTuber Goten and a cameraman to perform pranks the group engaged in various Antics without incident until they approached someone they alleged had cut in line for a ride huh why' you cut the line I'm talking to my cousin I'm not going on a ride no I watched you though you cut the whole line I'm talking all these people are waiting for their kids to get off they're not in love no but I've been waiting this whole time can't you can't get on here anyway you're too tall what are you talking about yes I can you can't get on to T are you discriminating against me cuz I'm tall this dude you you know him I mean you can ask him but he's not going to let you you're too tall no some of us are waiting in like out there all day and she just cut the line I'm all of these all of these parents are waiting for their kids to get off the ride none of them are waiting to get on none of them are waiting to get on the ride there is no line no like I just want I just I'm just trying to go on the ride go and I thought that was you I thought you were next to me I looked over it's not you you guys over at uh the kids area recently the kids area we had a description of you know two white guys and a black guy I'm half white I'm sure the victim didn't really take it off the victim assault they said uh yeah you guys grabbed her you had a camera that's why I'm thinking that camera we grabbed her whoa whoa who we're going to go take you guys back so she can see if she can identify you and then we gotd coming too so what are you talking who did we grab I just got the report so this has got this has got blew way out of proportion yo grab out of proportion were you there know what we don't even know who you're talking about you fit the description are you a cop no I'm not a cop all right I'm leaving I don't have to wait for anything are we under arrest no but you're not to yeah so we'll leave the park then I'm not staying here with people like a the security director told the YouTubers they weren't under arrest but needed to stay for identification Mr spandy argued they didn't have to remain since they weren't arrested in Minnesota a private citizen can arrest someone if they witness a crime or have enough reason to believe a serious crime like a felony has been committed the courts have said that a citizen must have a good reason or probable cause to believe a law was broken for such an arrest to be valid the security director might have had enough reason to detain the YouTubers based on the accusation of sexual assault as a victim's statement is often enough to establish probable cause unless there's a reason to doubt its reliability in cases like this touching someone inappropriately especially in a way that causes harm or distress could be considered serious enough to justify a citizen's arrest what did we do we're going to bring you up to the front and then we get the person to come see if they can identify which way is the exit I'm usually chill but you can't walk up and accuse us of sexual assault get out of here what's your name Dan I'm the director of security all I ask you guys to hold on so we can sit here and get this description no I'm not holding on for anybody yeah she grab dude she touched us so now you were there you just said you didn't have anything to do with yeah we we were there we didn't grab anybody we literally have it all on video okay well then you have nothing to worry about why can't you just resolve it then I'm not staying here to explain a situation that we didn't do anything wrong they brought backup too what are you doing why is there three of them you guys brought out the whole Avengers for this come over here in the security why don't we not if you're innocent I'll tell you what why line shut the hell up you're not getting front of the line pass you accused us of sexual little Sal and why don't you want to talk now you're not now you're going to apologize this is private property Point SC how SC she people assault get out of here this dude offers front of thee line passes for the inconvenience get out of here he's the guy that gets rejected from the police academy and then goes and power trips on every Budd it's not an inconvenience people get their lives ruined from that what's going on guys what's up nothing much hang on a second so anything the problem yeah what's going on today they walked up and accused us of sexual assault we have the whole thing on camera we didn't do anything I don't know much I'm just trying to look into it trying to get both sides of the story too worried about recording everything's recording right here as well are we under arrest or we're just being so we can leave we can leave them being detained to look into something if you want to get rough like that I'm not getting I'm not getting rough you have an idea with you yeah break it out why are we being detained we're looking into something right now I don't think we committed a crime for us to be ask questions for ID so are we free to go well then you can go to jail if you'd like if you're not going to identify yourself I'll identify myself but like an officer from the Shaka Police Department warned the YouTubers they could be jailed if they refused to identify themselves while Minnesota doesn't require ID during stops refusing could lead to an obstruction charge Minnesota law prohibits interfering with an officer's duties including through refusal to cooperate courts have upheld obstruction charges for refusal to ID when officers had Reasonable Suspicion of a crime like the alleged assault in this case the accusation likely gave officers enough grounds to detain the YouTubers and ask for identification oh that's fine we can do that I'm not trying to be difficult I'm really not okay and you don't have an ID on you at all okay what about you he's deaf he's deaf want me grab it his wallet's in the car all I know is Valley Fair security called us to look into something all right I don't know what's going on there's two sides to every story I know that from doing his job for a long time we're waiting to get more information from here and see what's going on okay on your point of view what happened nothing nothing nothing happened there's no reason why we would stop you nope there's no reason why you would accuse us of that okay so you guys tell me what happened here what was going on that caused this issue to arise and us being here I'm genuinely like confused at what situation we walked up and talk to somebody that was waiting for a ride that's the only thing I can think of we have it all on camera we didn't touch anybody so much about touching we didn't say anything like sexual or anything yeah I asked her why she cut the line I said why' you cut the line what's the sexual assault that we've got cuz he said that we touched somebody and we sexually assaulted again I'm coming into this at the end here trying to sort it out figure out all what so in your guys's eyes nothing happened no what's this caution hot mom's or wet mom's thing just merch you like it yeah I need to get you a shirt man I wish I had an extra shirt they brought another cop out why are we still here detained for investigation right now simple as that there's nothing criminal for us so do your thing whatever you need I want one year pass I had to call my lawyer over this and I'm I'm pissed off not y'all y'all doing your job which which I'm out of security like I said that's why we were hanging out waiting to figure out what happened I'm just you need you need to stop talking she was assaulted that's a very I like how he's Whispering over there like can we get him a formal trespass please like he's well you guys are going to be tresp gu added to the list man well do you guys have paperwork form or what you oh so he's so we're just going to print something out for you it's just going to be the trespass all right are we required to sign it can I take a picture with you guys or if I do come back that would be a cold picture for Instagram he's got to be in it too he's got to be in Ito I want the real good guys here not him though yeah Reserve hell yeah black and white guys yeah absolutely and I got a paperwork for you trespass for a year all right add it to the list no that's it for me nothing criminal nothing criminal appreciate you guys I told you security whatever his name was thank you man have a good rest the YouTubers were issued written trespass warnings at Valley Fair meaning they were prohibited from returning for a year violating this warning would be considered trespassing under Minnesota law although the trespass notice wasn't a criminal charge returning to the property without consent would be illegal even though the allegations against the YouTubers were false private property owners can exclude individuals for non-discriminatory reasons the Supreme Court court has upheld this right to exclude even in cases involving Free Speech after leaving the park the YouTubers discussed the encounter but it's unclear if they plan to pursue legal action or if Valley Fair responded on July 26th 2021 officer David Lance Dukes of Orangeburg drew his gun and ordered 58-year-old disabled man Clarence Gailard and his cousin Mario Julian who were standing in a parking lot outside a townhouse to the ground hey let me see ass B get on the ground get on the ground get on the ground right here get on the ground you burgy shark get on the ground over here on the ground on the ground get on the ground do you not listen get on the ground Mr gilard attempted to comply with officer Duke's orders by getting on his hands and knees but officer Dukes forcefully pushed him to the ground causing his head to hit the pavement violently in the 1989 Graham V Connor case the Supreme Court ruled that the fourth amendment requires Police use of force to be reasonable under the circumstances factors include the severity of the crime if the suspect poses an immediate threat and whether they are actively resisting arrest given that Mr gilard was complying posed no immediate threat and was not resisting it is likely a court would find officer Duke's use of force unjustified and unreasonable is there a gun back there no gun by that truck you're not listening dude H you got a gun on you man no I ain't got no gun turn back over hold you watching he had something no he was right here watch him go watch him there it is that's what he had all right who's the complain it all right get up get him up 25 got one leg that stand right list about hold hold on hold on all right ready one 2 3 yep yep they slam my head on the cement go back inside go back in the house go back in the house ain't nobody talking to you I got head drama go back in the house yeah y'all bust my head down yeah I've been in accident yep y'all bust my head down you throw me down I sure did you was listening y no it a you had to thre me down like that I'm disability okay I got head problem y you throw me down y you throw me down you throw me down y you bust my head the my head down on the he was he was in front of the car when I came up and he was walking like this and I I thought it was a gun at first I said drop the gun drop the gun drop the gun drop the gun had him a gun point he's over here doing something like this my head my what he was doing is putting this up behind the tire so he comes over right here got his hands in his pockets I'm tell him let me see your hands let me see your hands let me see your hands my he wasn't listening he got the like this right here officer Dukes claimed he thought Mr Gailard had a gun and ignored commands to show his hands but body cam footage showed Mr Gailard with his hands above his head throughout the encounter no commands to drop a gun or show his hands were given Corporal Brandy Smith's report mentioned that while Mr gilard initially had his hands in his pockets he later took them out and officer Dukes only ordered him to get on the ground with no mention of a gun additionally Sergeant pedor's report described Dukes as stomping on Mr gard's Neck which contradicts dukes's own account the body cam footage and officer reports do not align with dukes's explanation of the incident you my your head dig hit the cat right you bust me down where is the complainant you bust my head down right [Music] here where's the complainant trying to get name of the complainant guess check him out here who called I'm not sure take him out his tff right now I mean cuz that's what we got have to use the force yeah yeah I didn't know what his in the force [Music] need my head now what's my for damn pay me mayor I'm going take that into evidence of what he had well I mean his you know that's that's the reasons I did what I did you know what I'm saying that's where I'm coming from got no gun nothing because when he was behind the truck I couldn't see what he was doing and I didn't know where I ain't nothing there where that went it was still in his pockets when he come around that car with his hands in his pockets gold so you can come out of cff yes take out yeah come out oh Lord good how are you what's going on years down I get a I don't have one we don't have they don't give us cards okay what's your badge number9 see if I get my phone hold on we we we have cars Brandon he can get his stuff off car after Mr Julian asked officer Dukes for a business card Dukes falsely claimed they didn't issue them but Sergeant pador corrected him and provided the information if it's proven that Dukes intentionally lied he could face charges for obstru ruction of justice and official misconduct South Carolina law doesn't require officers to provide ID but many departments have policies on this after the incident Dukes was fired for violating use of force policies in August 2021 Dukes was charged with first-degree assault and battery carrying a possible 10-year sentence Mr Gailard hasn't yet pursued legal action on April 26th 2024 Brunswick Police off officers responded to a disturbance at a bar in hinley Ohio at the request of the busy hinley PD they found off duty Cleveland police officer Donald kopchak part of an ATF task force restraining atran Refugee Donis Buck ringill while off-duty DEA Task Force member Dan lejack observed the incident was recorded on multiple body cameras this guy uh I'm with the he's with ATF he is inside we're like where you from who's with ATF left yeah the Hill Valley okay he's this guy's not from this country so we started fighting with him he's like ah you know whatever so here we are he's holding down well regardless if he's from this country or not what happened he's not from this country yeah okay what happened though relax leg not getting out anywhere I'm leg okay I know you're illegal all right let him let him go you stay on the ground stay on the ground oh just sit there yes they don't let me call police they took me everything I'm good I'm legal everything I want to ask those people why me like this I'm legal I'm citizen why what happened I don't know you're involved in US yeah I'm Dan so what happened no he's he's not from the country okay I work at a DA my partner from ATF okay we started talking to him he's like I'm not from here so he started like you know shooting with us I'm like yeah that was it we called you guys so there was no disturbance here or anything okay we got a report of like a fight or a disturbance okay so you just think he's here illegally yeah okay I'm trying to we got to call the CVP too what's statements did he make to you he's from Israel M he's got a Texas ID came in he go yeah I'm I supposed to be here come in like what are you doing the Buzzard Ro in brunck Ohio yeah I don't know this is you guys right like here you go well we're helping out Hanley this is actually in Hinkley is it yeah they're busy on another call though I just don't want someone to go that's not be on a watch okay what's going on fellas how are you good you tell me what's going on so lej works with da I work with ATF we're here drinking uh lej started talking to the dude gave his ID for some reason uh said he's from a different country Le ranom found he's illegal start talking to him leg L called the HSI or something was like Hey basically hey like this dude's like not here like his ID was from like uh Texas blah blah so like I start talking to the guy like trying to distract him and he start he tries leaving and uh they like hey like like Bron's coming H's coming blah blah blah so then uh he started fighting with me all I did is just grab him just took him down the ground you guys are you guys armed right now no I not you got IDs out I do he's a civilian this guy he I'm has nothing to do with you need my info I could give it to you he has nothing to do with anything yeah I'm ATF TFO okay actually my ID is in my truck if you need it he start are you with Cleveland or yeah I'm a ATF TFO though I'm I've in the ATF for seven years okay so I've really haven't even been to Cleveland office do you uh Strike Force oh all right I grab the dude and I threw him a leg lock i r since 6 years old I threw him my leg lock and I just held them until you guys came okay Officer cop chock explained that he restrained Mr Buck Ringle believing he was in the country illegally we'll discuss the reasonableness of this later but let's examine the authority of local police in Immigration arrests local law enforcement can arrest for criminal violations but immigration is federally governed under current law local officers can't arrest individuals solely for suspected IL legal presence unless cooperating with Federal immigration officers the Supreme Court in Arizona V United States ruled that state officers can't make warrantless arrests based on possible removability except in specific circumstances federal law allows local officers to assist in Immigration matters only under Federal instruction therefore it's likely a court would find that officer cjac and officer lejack lacked the legal authority to detain Mr Buck ringill based on their belief he was in the country illegally he can't say where he's from his story doesn't make sense um he can't say his social he can't say nothing uh he's from uh da he's from HSI who's from HSI right there lay Jack is that TFO yeah which one did you say was from DEA right there he's from DEA and HSI yeah he does he does both you're not hurt at all sorry dude I'm not going walk away what are you talking about like I'm making sure that this guy is not on some watch list or some who the knows what this guy is and then all of a sudden we're on T tnz or something like oh these ATF and a de agent guys like you know letting them off there's 10 brunz of caps yeah so okay so the reason we're here all right so just so you know so technically this is not our jurisdiction so this is Hanley right so and hanley's tied up and Sheriff Department's tied up right we got dispatch from from the sheriff's department because they said hey something's going on there's some type of disturbance da D whatever and it may be getting physical so hence why there's a bunch of R cops no so but again this is what we were disat right so which is why which is why why we're here I know you you're going to let them go I guarantee it LJ well calm down that's not true listen so a couple things man hold on I understand you got a job to do okay but also understand this you're not working right now bro I know no I know okay you and your boys are supposed to be out having a good time you're out drinking and everything else and you're getting involved in other stuff if you think there's something going on you know the you know the way it goes just call us you J be the way he said no I get it I get it call us and let us deal with it cuz we're on duty we're sober and you don't have to deal with any of that nonsense I'm I'm US citizen why oh what happened I don't know they just came what do you mean you don't know well tell me what happened happened turn around and face me sit down sit down I just said face me sit down sit down thank you what happened inside the bar they told me I'm illegal I don't know have supposed to be in the United States that's why okay are you supposed to be here or no yes okay I'm I'm big I'm a citizen everything you have an ID with you yes I have everything they took my ID they took my phone they took everything they I'm trying to call Poli show show me your ID yes sir this is my ID where you live at show me Tex ID I show my ID it's fake as can be it's not please don't argue with okay where do you live at sir I live in D I'm for wors Texas you're from Texas yes fort wors okay and what brings you up here huh what brings you up here oh came to work where do you work at I'm truck driver okay what company employs you I come back with something he's good Texas that came back though when you ran it m did you get the run down from this guy there's no disturbance or anything you just he just this guy supposedly told him he shouldn't be here or he can't be here that's it yeah I mean so I don't know there's no disturbance nothing yeah I agree real idea it's gone back where do you live partner I'm living for Texas you live in Texas for Texas okay what are you doing in Ohio came in to work work where I'm truck driving where's your truck at where the company I have delivery for Monday want to be here have to go to the motor when I'm coming here these two guy they when they see me they ask me like a lot of things and they take my ID why you here oh I just can't work you don't you don't have to suppose United State you are illegal no I'm legal I live in Dallas how be here did you tell them that you you shouldn't be here everything how long were you here before they started talking to you 20 minutes okay what were you doing for 20 minutes just sitting there watching TV or yeah I was just so watching TV take one beer I pay 7 did did you order anything or yeah one be I pay $7 this I'm trying to go to mot I already screenshot can I show you yeah yeah okay yeah also you're not staying in the truck for the weekend you're staying in Motel Motel okay when I'm coming here I'm trying to call police he took my phone everything this two guy they ask me a lot you are not supposed to be here you are this is fake idea I'm not fake I'm legal in United States I've been here 14 years I'm citizen where did you move from where I'm coming from yeah St raiji I'm legal I'm working I'm truck dver been 5 years so you were born in Ethiopia itria OHA yeah did you get the story as to why why are they just detaining this guy uh they think he's some illegal and here's here's the thing you got you got uh a dude from Cleveland PD who works for ATF and another dude that works for Strikeforce DEA uh HSI that they're drunk and this guy came up to him and started saying some stuff and they're like oh this guy's a terrorist we can't let him go that's what I mean does that sound saying to you no that's what I tried that's what I tried to guys next thing you know we're going to be on TMT cuz we let these guys go and I'm like bro you guys are off duty like and you're drinking like call us let or call the local PD and let us deal with it like why are you guys messing with this he has a valid Texas ID yeah serving cop said came back and everything officers cop Jack and lay Jack claimed Mr Buck Ringle didn't know where he was born or came from but he clearly stated this to the Brunswick officers local officers don't have the authority to arrest for immigration violations this is a federal responsibility even with authority a court would likely find they lacked Reasonable Suspicion as race alone isn't sufficient grounds the Supreme Court's 1975 ruling in United States V Bron Pon emphasized the need for specific articulable facts thus relying on Mr Buck ringel's foreign origin wouldn't justify detention could got tax ID so correct but he doesn't know where he was born or where he came from yeah it's just a matter of like what resources you guys have available to you if things get squirrly you guys want a radio I'm getting border patrol dude's I cannot have I'm not going to be the guy in the news like oh you're on a security camp this guy ends up blowing the mall up tomorrow no don't care don't care who I offend dude is this the new normal for migrants with Joe Biden all right then then here we go he's got to be fingerprinted by CVP and because he's he's going to recite soci doing all right you got a B Patrol he doesn't know where he is he doesn't know how he got here he said he he took a a a truck here and he driving back to Texas and he said it was parked across the street and he said his truck was right here and he couldn't find his truck let's walk it over there so I asked him to walk to his truck he said I didn't know where my truck was I get it like it's a lot of lot of that don't make sense so like man you two are out of your mind but no you guys have a healthy distrust for you know things that you can't verify I was like show me your truck walk out and show me your truck don't have a truck it's not last name right he's from Israel that's a ter that that's terrorist I cannot go to bed need finger need to know who he is May D Nick calling uh border patrol but no he's answering the Brunswick officers stayed on the scene until the Hinkley Police Department Officer arrived they then updated her on the situation allowing her to take over the investigation we talk to this guy and say hey no har no out but if does he want he's pretty upset about it now we haven't really asked him obious that but he's not happy which I understand he's from arria he's been here for oh yeah he was laying on the ground okay and he's been here for 14 years lives in Texas me they have cameras so inside I can't remember if they have on the outside what can we what we do for um just hang out for now I want to talk to them um to talk to him then talk you guys talk to anybody in the bar no I was just about to go in there and cuz he said he was here for about 20 minutes before they started talking to him okay they said that he came up to them and started talking to him yeah I asked he said how long were you here for like oh about 20 minutes he walked over here from the motel was going to sheets and then decided I walk over here and see what it's like and sat down and said was watching TV drink had a beer and then he started talking go in there and talk to bartender and see yeah if you guys can do that or have somebody do that just to see Sergeant's gonna have a couple questions for you yeah maybe oh my how we doing gentlemen the entire synopsis that they got of what happened my my main guy here so what happened you pulled me over you did yes no okay are you running of course um soj what's your da um talking to the guy I I I don't know what how about this yeah he's not he's not you all right I don't feel good okay what what is it what kind of outcome are you looking to have happened this evening what are you looking to do you just looking to go home or are you injured or at all or what it's okay how did the conversation start between you guys they look at me there they just they just come asking me what they say where you here where you from where you here oh I'm from I'm from Dallas fors no you are not you are illegal no I'm legal how do you get here oh I just can work no you are illegal show me your ID why yeah only police can ask me I okay people they can maybe I'm illegal if they think they have to call police why why why they bring me why my did they bring you hey did they bring you outside the bar or did you or do you walk out of the bar no they take me home like this okay you know they hit and then but you're not hurt at all I'm okay okay why they do that I want to ask them too why why they like well that's what we're trying to figure out now yes okay in your in your mind now what are you looking to have happen at this point you know what I have to say they look at me they don't like me well I'm here maybe I'm Different over here you know that's what I think they are racist that's what I'm thinking I go I go everywhere I see a lot of people sure all over as a driver all over there what happened in here can you give me like he I don't know his name okay you were here too I know next thing I know they said he's not who he say he is we're detaining on this that the third did they like approach him or did he go over there went over there he went over there and just to talk to introduce himself hey how are you cuz that's how people are here everybody friendly being from Texas yeah he was talking about how he was from Texas stuff like that and then all of a sudden they were saying he's not who he is he's not from Texas this that the third no three guys definely they were really being aggressive with him they really were where he was sitting here they were trying to snatch his phone they were turning his arm like then the one guy the older guy said that they're feds yeah like oh was like guys are legally detaining them and I mean they they were I don't know I'm going to go keep talking to him in you when I K him yeah so are they telling you anything different no pretty much the same they're trying to lie about holding him down the ground but I told them you guys saw him being held on the ground and he and he told me he had the do the leg lock on the ground here so Jesus okay so the gentleman over there is claiming that that the guys that you're with or these two other these two other gentlemen took his hands and place the Min his back and Drug him outside what did they say that they didn't don't worry about that yeah yeah okay but either way he was esed outside he was without not by his own free will did he come outside no but that guy was very forceful against them to not to to be like don't do this to me is what what he did if you're being forced somewhere of course I agree 100% I feel like I would do the same thing of course 100% not a cop at all what's that what do you do for a little no commercial cleaning no I'm not a c okay no is there anyone else involved no they just us me him okay talk to the the guy if you guys if you have your guys just kind of hang out with these three at the hinley PD's request Brunswick officers stayed on the scene interviewing bar Witnesses and speaking with Mr Buck ringil the hinley officer questioned officer kopchak officer lejack and a citizen present during the call a Brunswick officer then briefed the Hinkley officer on his conversations with Mr Buck ringill so I've asked him a couple times you think so he essentially just the way he said did you see him put his hands behind his back they said whatever he said that's essentially what they did they put his hands behind in the back they escorted him out took him to the ground oh boy whatever so okay um but the only thing he hasn't told me at this point is he's upset obviously but I'm like what what kind of outcome are you looking for when he's like I don't know okay so all right let's talk to him and all right so you're sure about possible charges no no no no I'm okay you're okay to be nice with people that's what I think I know a lot of people going everywhere but I never think like this so I'm just going to put my light on you real quick and see if there are any injuries from you being on the ground that you know of maybe you're yeah don't see anything your knees maybe or anything so they make me like something been wrong or as criminally known yeah I understand I understand your concern all right just give us a second okay and then we'll probably let you out of here in a minute the Hinkley officers completed their investigation and everyone was released without arrests although charges were listed against officer kopchak and officer lejack no criminal charges have been filed the case was referred to the FBI and the US attorney's office in Eastern Michigan will handle it both officers were removed from their Federal task forces with officer lay Jack placed on limited Duty it is unclear if Cleveland PD took action against officer copack and whether Mr Buck Ringo plans to file a complaint or pursue legal action