on August 30th 2024 we will refer as Mr Stone was standing on a public sidewalk outside a restaurant in eastling Michigan filming guests Seated on the patio he was there after receiving a tip that officers had been unlawfully removing homeless individuals from the sidewalk near The Establishment when Mr Stone declined a request from the restaurant's manager to stop filming she contacted the police and this interaction was recorded by several offic off's body cams before we get to the footage let's listen to the 911 call heam County Central Dispatch how can I help you hi this call from Joly pumin um I don't know if do anything about this but there's a gentleman out front of my restaurant who is recording all of my guests that are in my patio um I'd ask him to stop and my guests are like putting menus in front of their faces I I don't want me recorded or pictures taken and he will not stop okay is he still there now yes he said he was doing an investigation but couldn't tell me any information on it they said if he couldn't okay do you know do you know if he arrives on foot or in a vehicle uh he's walking in foot okay and where is he currently in the store um he's not in the store he's outside he's right in front of like my P outside side okay and he's still recording the customers yep he told me he was not St hey what's up yourself good so we just got a call from pumkin here saying they don't want you to videotape in this area right here okay okay you idea on you um am I committing a crime so you just they just want you to be moved along from the from the premises okay um have you been trespassed I'm not even on their property this is Jolly Pumpkin property right here the public sidewalk is their property I mean they clearly broke off what they're using this is proceeding right here this is what's up bro you want to pass your ID have I done something wrong so they just thought you moved along so we don't know if to go there and ask on theer I'm not trying to make it hard for you at all I'm not trying to either I just really believe that I'm on public property not their property um and therefore I'm not committing a crime I'm not doing anything wrong I'm taking pictures in public which is a First Amendment right um therefore I shouldn't be it shouldn't be ID I shouldn't be trespass I shouldn't be anything I don't this is where I'm at I mean yeah I understand ultimately they just don't want you on your property anymore because it can kind of make other people feel uncomfortable in the area it's making feelable um to stop the trespass I'll move down to the end of their Peril um and then I'm it's confusing to me but then I'm off their property even though it's public sidewalk right I mean this is this technically like their property here they have so if you're on like their premises here they just don't want you around their business right now it's making people feel uncomfortable a little bit so what are you taking pictures students and stuff I was just walking along taking pictures until one of their customers called me back back and a couple other things and then I save well um officer serman is in there right now just talking to um staff about it and if if anything they just want you moved along so just wait minute while officer Willis informed Mr stone that the restaurant did not want him near their premises due to complaints about his filming making patrons uncomfortable officer Surman went inside to speak with the staff The Following part of the encounter was record Ed on officer sur's body camera hi hi you looking for our manager whoever whoever yes okay she'll probably be the best person to talk to thank you all right my man you got your ID on you have I broken a law no they want you trespass so therefore we have the right to I have a right to leave then right no you're now being detained because you're going to be trespassed I need to identify you before you're trespass in order to write you your trespass not that's good took glasses off man all right so you're going to trespass me from this sidewalk what's that no you're trespass from this establishment but I'm not in this establishment they have the right to trespass you I've never been on their property they have the right to trespass you so I can stay here the sidewalk is public so I can stay here trespassing me from walking no you I don't know why you would want to do that because they're frustrated with you I don't know why they would trespass fromer after asking the manager if she wanted Mr Stone trespassed without confirming if he had been on the property officer Surman detained him and demanded ID while Michigan lacks a Statewide stop and identify law East lansing's code allows officers to request ID if there's Reasonable Suspicion of a violation refusing can lead to arrest for obstruction if the officer explains the legal obligation however courts have ruled officers cannot demand ID without Reasonable Suspicion of criminal activity whether the officers met the standard will be analyzed later but the fourth amendment requires it that I never entered if they would like you trespass you're Tres if the field house across the street calls you and says they want me trespass because I'm on a sidewalk you're going to do it so anybody I highly doubt that trust anybody off the side I highly doubt that Fieldhouse would call and have you trespass just because you're standing on a sidewalk the same way about the Jolly Pumpkin okay but that's being proved wrong okay um hey hold on sorry uh this is Ser um so this guy out here um joh pumpkin wants some trespass um seems he never entered the establishment um but it's still private property if they want him trespass from entering they're uncomfortable with him he's he's uh he's I didn't ask them I can go on there and ask them he's claiming that he didn't never enter Jolly Pumpkin um but I mean regardless it's private property if they don't want him and it's just it's not trespassing from being on the sidewalk it's correct so it's not it's he's allowed to be there he's allowed to record to do what he wants but if they want to trespass him but they they are they are pretty they are pretty um I guess I can go double check but okay all right I'll go ask them then and establish if uh he ever entered so like pass the barrels that would be that would be their their property right okay all right sounds good I'll go inside with them and double check I think he's just one of those my guys all right I'll go double check with them inside really quick uh don't print it yet I'm going to go and um talk to them inside and see if he ever entered in um and then I'm going to talk to them and try to just so there's not issues between them because he could sue them if they tell us that they want him trespass but they he never actually entered like he so what has he been doing the whole time is he came inside as it came up to the door no he's going where he was at but he's recording all of my guests and they putting like men faces and he will not stop recording them and they keep telling him to stop and he will not stop told me he doing an investigation but couldn't tell me anything about anything and he will not stop I said okay call the police see what's going on like do you think the police Assa me I said I guess I'll find out okay um so he not my property I can't get TR right so it's it's kind of a gray line because he's right in front of your establishment but he never entered it um the sidewalk is public property um I'm I'm going to have another chat with my sergeant and see I am kind of also trying to mediate between you and between him and trying to find like if he could just move a block down so that he's done bothering you and then he doesn't have to be trespassed that would he simply told me he would not stop recording so he's not going to stop recording well my guess is being uncomfortable and that's not good for my business obviously or my yes okay all right okay hey Joseph can we find a way to mediate this where there's not issues between you and jolly Punk well right now my issue is with you guys forcing me to give me give you my ID okay I am investigating a possible trespass okay I Reasonable Suspicion to ID you because a crime is a reason I don't know when I come on and I make contact with you did they Li they you inside before you took my ID you said I said would you like him trespass from your property they said yes so that I came outside here so you solicited a trespass without doing your investigation is what you are are you are you willing to have a conversation with me or no you just said you went inside to find out if I went on their property but you went inside and said so call us us no I can call the on there inv why would you what are they doing I see from here you us well what are you doing wrong that right so you should have never even talked to me when you see me driving by oh wow that's guys in public taking pictures how do I know my it back officer Surman and Sergeant steeman claimed they had Reasonable Suspicion of trespassing to demand Mr Stone's ID however trespassing requires being on private property without permission which was not the case here the manager of the Jolly Pumpkin confirmed during the 911 call that Mr Stone was only on the public sidewalk an area outside their Authority for officers to legally stop someone and request identification they must have a valid reason to believe the person is involved in criminal activity in this situation neither the dispatcher nor officer sermon had enough information to justify detaining Mr Stone as he was not on private property therefore his detention and the ID demand likely violated his rights harassed right now do I no this is are you a reasonable person I would like to think so okay well I'm I'm doing more right now with you than I was then because I wasn't even talking to them but it's how they feel it's not how I feel it's how they you just said a reasonable person that you're a reasonable person I feel they were unreasonable in their what I'm hearing though is a lot of feelings questions for us no are you are you done harassing me telling me that I have to leave I I never told you that you had to leave I told you you could stay right there okay well you wanted to become an Amal situation where they W happy and I was happy correct I did do that you are correct I did do that and I asked you are right I did do that I never ordered you to leave they could have said that's their bus you're in public um I'm sorry would you like to move inside I can do that create your own privacy if you don't want to be filmed in public or seen in public maybe you shouldn't sit outside to sit there ask not tell them not be upset by can they be upset can they sure sure can they call the cops and threaten Tres you know men with guns came because of a guy with camera breaking news I appreciate you showing up because I don't trust these two not the way they were going can I have your card I'll send you a copy later not everyone is always educated around here so we try to do that and that's part of what this is the education they didn't want to talk to me about it though they wanted to I don't even want you to show up tell them on tell dispatch he's a guy with a camera I talked to him already you have a loud speaker no but it does seem like your officer there uhit pass without an investigation and and that's your opinion and you're very that when did you find out I was never on their property me that we can talk okay I work Sunday as well right thank you sir the officers claimed that Mr Stone's filming constituted harassment but harassment laws require repeated acts targeting the same person which was not the case here filming in public is protected by the First Amendment so there was no reasonable suspicion to detain him Mr Stone filed a complaint with the police and obtained body camera footage 911 and dispatch calls and the incident report Mr Stone who later discussed the incident with a police commissioner hopes to sue but has yet to find legal representation on June 2nd 2022 veteran Daryl sample hired as an on-site security guard for a former nursing home being converted into apartments in Panama City Florida was napping in his quarters despite not ifying police of his presence due to Prior inquiries Captain Mark laramore searching for a missing child saw Mr sample inside and called for backup officers sarelli and Sergeant Richard Thor arrived with the encounter recorded on officer sarelli's body camera me back get your back put him in one of he's [ __ ] [Music] [Music] oh no this is your house well you're up in here this is commercial property you going to get ID or not huh you get I need to if you're threatening me with hold on hold on Sir on that me sir Sor don't like you're working on no let's do this sir I got back seat I got I have a seat can I do with the wall how about right there this ain't your house this ain't your house where's your idea idea now that's why I was trying to figure out right now you I was taking a nap I'm kind of like thrown off right now I can get you all the information you know that I got permission I just told you Mr Wilson Stevenson I can call you right now on the phone if you give me the phone I can call him right now you can call him by looking up who owns the property he'll tell you who who's supposed to be here you say your I is in your car yes I've been I've done shown many cops that this building that I've beenos be here huh is it unlocked what your car I don't know if my car is unlocked right now it where your ID going to be at it'll be uh if you're looking at my in my on my Dash my CB it should be right next to the CB if it's not on me here in my room right now so hey sir you can come out this back go right here I can walk you right to the car real easy is your back going to hurt you if you do no I I I have no problems with you showing how things I no more and stuff I'm right now you just worked in in my house right I know I understand we we've not been told we've been told actually Patrol just don't let the door shut all the way we won't in so you don't have a key to your house that door doesn't door where yall came you you see where we're going with it it's kind of unusual 1711 we're going to be out front captain laramore and officer sarelli entered the property without a warrant placed Mr sample in handcuffs and escorted him outside while Mr sample could argue his living quarters were his home even if classified as commercial property the warrantless entry likely violated the Fourth Amendment law enforcement generally requires a warrant to enter non-public commercial areas unless exent circumstances like immediate threats or evidence destruction justify it in this case the officers lacked consent from the property owner and did not demonstrate any urgent circumstances making the entry likely unlawful CB CB keep on going behind right there that's the first time I've been out we I was looking for a little girl about a month and a half ago two other officers were in there screaming yelling hey if you're in here show up you're in that one locked room and wouldn't come out that wasn't me like there right now for the last couple months I same vehicle all your stuff's in there are you the person that's is this your registered owner yes Mr s time here I saying I start telling him what I'm doing alling past week and for you r a Georgia deal for me yes sir like I said I had my phone until this officer uh got a little aggressive Pro that stuff so 064 off you do what he or she tells you to do house we've been told you got your opinion and I'll just handle it later on a different one so all right can we get somebody on the computer to find out who this is own by right now at the point it was sold and repur it was they bought it over a yearo go it belongs to a Uhl Mar Stevenson WP Trust not Todd Mr Wilson right there just talking to today and son John and Todd all right good I'm glad to do I will I'll do it all right well we're going to make sure everybody knows that You' got him here and um good all right and I'm pretty I'm pretty sure he knows now that if an officer ever ask for his ID he's damn sure better get it all right thank you bye all right well now we're scra guess I've turned it off well we didn't get dog bit should I not arrest him for resisting refusing to give his ID or should I just let him go with a warning what do you think what would you like would you have to go to jail would you like to for me to let you out think of warning is appropriate warning is appropriate got a handcuff tea on door lock i in it was locked last time I was most of should be unlocked the only one like I said you bust that one down the one by the loder room it's the only one that's really easy to get into no not this one to run around the corner Captain laramore discussed with officer sarelli whether to arrest Mr sample for resisting and refusing to provide ID or issue a warning with officer sarelli favoring a warning under Florida's stop and frisk Law Officers can temporarily detain individuals they reasonably suspect of criminal activity to verify their identity however without Reasonable Suspicion of illegal conduct individuals are not required to identify themselves in this case Captain Lar arore suspicion appeared to rely solely on Mr sample's presence inside the building without evidence he lacked permission to be there given the likely unlawful entry onto the property a court could find that Mr sample was not obligated to provide identification six actually can I get some information from you to CL selli and Sergeant Thor still 1012 speaking with them but you can close it out no action an incident number and in and the name name and badge numbers of everyone was just year there's no report to be done need to be I was just putting handcuffs so there's nothing no report is That Body camping going the whole time M okay I know my legal rights on certain things and I do believe even what he said was wrong my name is Officer sarelli it's CI CC C CI CC c c a r e a r e l l i l l i badge number 219 219 mhm yeah if it comes back investiga there's nothing wrong you it's part part of your policy then that's how it be but I I don't believe that [ __ ] that to be thrown in handcuffs the way I was thrown in handcuffs and hopefully that video will come out and show how how he aggressive you was so in my own spot after I just got woken up you saw I was just woking up from thing trying to explain things and I'm wor about my dogs attacking people and this and that you know I'm a just had things luh m o r e m a what l a r a m o r e o r e okay sorry 196 is his badge number that's the captain okay you the captain your name sir I am Thor CH o r e that's Miss badge number 1711 Sergeant Sergeant okay thank you and so no incident number there is an incident number there will be no report that's what I'm talking about so there should have been some kind of call for you guys to come out here to come into the building no you just go around any any random buildings how many signs are out here no trespassing okay so that means you guys are trespassing on on property that you wasn't invited over to correct I'm not here to I'm not either I'm I'm just expressing where my concerns are with things so these are things that all follow up about you guys' policies and laws and we see if there was nothing done wrong then hey yall know that I'm staying here and and they still there you know go on so let you know guys I'm the one here watching out for it so guys to and if would have notified the city that hey we're going to have instead what they did was say please extra Patrol this building because people have broken into it since we got it that was over a year ago I say this this is my first interaction that I've have this is not the first last time somebody has said anything about this building so the last thing we know is extra Patrol it because people are breaking into it I come here over a month and a half ago and see well [ __ ] looks like somebody's living now in the building not trespassing attempt to make contact with somebody here and there's nobody here at the time there was no one here correct so cuz every other officer comes you know come on the door look like someone there knock and I come to the door and I have great car ation with him but having cops come into a building that's supposed to be no trespassing you know and then do what he just did to me I have a problem with it as an American citizen for a person and I went and [ __ ] fought for and injured for it y'all just y'all just made a bad mark on the Panama City Police because at first I thought yall had some great people around here but your captain just [ __ ] that up the Panama City Police Department reviewed the incident finding Mr sample's detainment policy compliant but requiring Captain Lara more to undergo training for a speech policy violation in July 2022 Mr sample shared body cam footage on YouTube stating he was seeking a lawyer for a lawsuit though no legal filings have been found