on June 28th 2019 officer Casey Barnum of the grey Police Department visited Rose Perez's apartment in response to a call from her 16-year-old son Trey Trey reported to Weld County dispatch that he missed a court hearing that morning claiming his mother had kicked him out and refused to take him officer Barnum approached the apartment knocked on the door and the interaction was recorded on body cam course not I would officer how can I be so blind yes hello hi so we're getting a call from your son saying that you guys are kicking him out um I'm actually just got home he has a worn out for his arrest right POS for not doing court or something yep that's right yep that is right and he's calling us saying you're kicking him out of the house I just got home from court like literally just walked in the house it's been my sister and he actually hasn't been allowed in my house because he did this the last time and I had to do a well check because I was at work so I did tell her not to open the door if he came back if I'm not here you can't do that okay well either way he has worn out for his arrest so you guys can deal with it okay so as a mother okay I got to go okay I'll so I'm pretty sure I know which warrant it is it was for the incident a couple weeks ago yeah here I'm going to come outside he's not coming going to Plat for that okay it's not a warrant for that it was a warrant today because he failed to show up for court so let me explain to you officer what's been going on okay so first off he's kicked my door down before the whole entire thing the other day I was at work and I can't leave work to come and see what's going on I have small baby children here and he did this to my door while I was gone while I was gone not while I was here so I did a well check no please hear me out first because I know exactly where you're going with this okay so I asked him on his birthday which was Tuesday to get his butt home okay he can't he failed to come home I don't know if he told you that or not but he failed to come home okay okay so he went to my sister-in-law's house and has been there since okay and I told him if you're not here by Friday morning in order to go to court Trey I'm going to court on my own okay which I did this morning I went to court on my own his court was at 9:30 and I will I will show you where I told him okay I told him your court is at 9:30 so you better be here doing what you're supposed to be doing or I'm going to court on my own okay and guess what I did cuz he just got here so what did I do I went to court on my own okay okay so he has worn out for his arrest out of Boulder or out of Adams County right now for a failure to appear and the judge specifically told me I told her everything that happened as I'm telling you okay and am I kicking him out now yeah he has a worn out for his arrest he's not welcome in my home until he gets that taken care of Officer Barnum tells Miss Perez she must allow her 16-year-old son Trey into her home though he doesn't site any legal grounds Colorado law defines abandonment as leaving a child without necessary care but it doesn't require that care to happen in the parents home Trey was staying with Miss Perez's sister-in-law and she stayed in contact with him so this likely wouldn't qualify as abandonment since Colorado child abuse laws don't apply to Children over 16 Miss Perez wouldn't face charges related to Trey's care however she could potentially be liable if allowing Trey into the home posed a risk to her younger children okay okay you can't do that yes I can he's a fugitive yes I can you can listen listen I listen to you okay what you can call us if he comes but you cannot say you can't come in and if you lock him out he can kick your door to get in because he lives here okay I'm going to tell you something he may not kick my door okay okay if you lock him out he can okay I didn't lock him out my sister did if he is being a Havoc well my sister is here babysitting my children he is not welcome here then she needs to call us you can't out oh we did call you we did call we did a well check they came the officer came and you can check that the officer came and did that he hasn't been home since until today today he was locked out again and the reason that he was locked out was because I wasn't home when I'm home then he can come that's not how this works okay too bad so sad goodbye no that's not how ma'am listen that is not how you need to leave out of my house stop I am you do not have any permission to go into my house you have no permission to go into my house 43 can I can you please let me go no cuz now you're under arrest close that door close that door what am I under arrest stop you're under cuz you just shoved me I did not shove you I told you to my house I told you to get it's on video you have no right to come into my home it's on video ping my hair you have no right to come into my home you have absolutely no right to come into my home really for to you want a custody get me out of these cups no you're going to jail I am not going to jail you are going to jail bet get me out ofina open the door Arina and get this all on video arrina get this video stop pulling away from me I'm not pulling away from you you are the same as you're trying to slip your cuffs I just told you cuz you just shoved me what did I shove you for did I just tell I shove you for what did I shove you for we can talk about I what did I shove you for do you have any weapons on you what did I shove you for do you have any weapons on you take that what did I shove you for do you have any weapons on you what did I shove you for I work for wild County government do you think I have weapons on me okay get off of me now come on sir I'm not under arrest yes you are for what I just told you you shoved me come on I'm not going to tell you again let me so this is a violation of my rights you went into my house you went into my home you went into my home without being welcomed into my home get off of me you stupid son of a [ __ ] come on okay let's go let's go hurry the [ __ ] up you are going to be so [ __ ] sued okay did you not try to go into my home no I was in your doorway no you pushed my door open well I was trying to go into my home you can't you literally opened up my door no I prevented you from shutting your door and Miss Perez tried to end her conversation with officer Barnum by closing her door but Barnum kicked it open leading her to push him away Barnum then handcuffed her and claimed she was under arrest the Fourth Amendment generally prohibits entry into a home without a warrant unless there's probable cause and Urgent circumstances neither of which were present here Colorado law allows residents to use reasonable Force to prevent unlawful entry even against police however resisting officers is risky and often better handled later in court after her arrest Perez was held in the patrol car until a supervisor arrived and ordered her release following an investigation gy police acknowledged that Barnum's actions were inappropriate in 2020 Perez filed a lawsuit against arnam sergeant corus and the City of gley for Fourth Amendment violations citing physical injuries from the incident the case settled for $200,000 and officer Casey Barnum was fired from his department on August 24th 2020 auditor Jason Gutman and his son conducted a First Amendment audit outside a liquor store in cordelan Idaho after complaints a store employee asked them to move off store property Gutman identified himself as a journalist but when he didn't leave the employee threatened to call the police the gutterman's Met officer Ashley kayaa in the parking lot upon her arrival would you like these gentlemen to leave here pardon me would you like them are they good out here or do you want them to leave uh we do want them to leave they're standing here they're filming the customers for so you want them trespass yes okay okay thank you very much well you you know nobody first of all do you have ID on you first of all let me have a conversation with you I was not asked can I get a cover I was not asked to leave okay okay I'm standing out out here on public property okay this is not private property I understand but he doesn't want you on the liquor store so you could stay in the in the parking lot you just can't go on the side of I didn't go I'm standing 20 ft back you have IDE of course I have idea okay I have to trespass you so I need to formally ID no what are you trespassing me for I didn't commit a crime I have to put in our system so I have to ID you no that's not the way it works okay you been call supervisor it's not the way it works I'm standing I don't want you get I don't want to get arrested for disorderly or anything there's no disorderly I'm having a Civ conversation with you listen to me okay I'm standing on public property okay and I'm not breaking the law but they want you trespass from their store so I need they can only have me I didn't go in the store and a matter of fact where do where's the property line where's the property line far as I'm concerned I'm not on their property anymore I'm here talking to you you were right and I saw you on so well if I left I left I know so I need to I they want you formally trespassed so I need your identification I'm not going to get formally trespassed from somewhere I have a right to be if you're asking me to leave under threat of arrest then I will leave I'm not going to be trespassed from somewhere I have a right to be they are trespassing you so I need to get your identification they can't trespass me there's no lawful basis to trespass it's a private property they it's not a private property Mr Gutterman argued he had the right to film at the state-owned liquor store stating that government property is always open for public recording however Supreme Court precedent clarifies that not all government-owned property is a public forum for free speech the court has identified three categories of public spaces traditional public forums designated public forums and non-public forums non-public forums like a state-run liquor store are generally reserved for specific purposes and can have reasonable restrictions on speech based on precedent Mr gutman's argument may not be accepted as valid in a court of law do you have idea on you or you're just going to do the same thing that he's doing I don't have idea I'd like to speak to the supervisor actually okay yeah me too are you going to get a supervisor for me I'm getting whoever's coming down okay and I wish we could have had a more cordial conversation you don't seem interested in that well I I asked you for your ID several times I'm being very is that a lawful request yes it is a lawful request how do you feel that's a lawful request it's really not because a private their their business private bus their business wants to trespass you I have to get your I already left okay I I have to identify you at first so no that's not the way it works you're not getting my ID so get a supervisor down here that's not the way it's if I don't give it to you what's going to happen dude I I told you right now that's what I'm asking you to do they want you formally trespass from their store they how are you howdy good how are we doing pretty good good can I just ask I'm speaking to you're talking to her okay can I please have your she refus to answer my question you're talking to her can I please have your ID I will give you my ID if you're threatening me with arrest I told you exactly what's happening if you cannot do it it's a resisting charge can I well if you're telling me so you're telling me you're going to arrest me if I don't give you my ID yeah she's telling you she doesn't want to charge you with trespassing and obstructing so if I don't give you my ID I will be arrested you will you just turned yourself a lawsuit happy day good for you I officers told Mr Gutman he could be arrested for refusing to show ID but Idaho has no stop and identify law requiring citizens to identify themselves relevant Idaho code defines resisting or obstructing an officer but doesn't clearly include refusal to provide ID why the Supreme Court's hiel case allows ID requirements in certain stops Idaho's Marino V Idaho decision held that refusing to answer questions alone isn't obstruction without a specific statute thus while an arrest for refusal to identify may not be justified so listen they want you trespassed right I just gave her my ID no listen they want you trespassed right they have no lawful reason they ask me to be trespassed but they do it's their business there's no lawful reason this is State Property I'm standing here taking pictures you're going to arrest me for taking photographs in public no listen it's their business right so they want you trespass meaning you can't come in that's fine trespass me you just earned yourself a lawsuit no that's they want you trespass right you're going to well you guys are the ones demanding my ID under threat of arrest we facilitate it right suit you just facilitated a lawsuit against cour Lane and I'm going to win and that's the way that goes and I'm going to name you personally and you're qu I'm forming you right now that you're violating my rights okay and I'm also informing you that you're violating my rights so you're aware of that uh 11 12 you just VI you understand the rights the business right you don't know who I am this is not a business this is a public this is a a public entity so you're saying they don't have the right to kick out people who are being violating the law I was not being disrupted if I was standing 20 30 ft away from the well I don't know what you were doing but they want you trespass why would you accuse me of being disruptive if you don't know what I was doing it's all on two c because they want you trespass right no they could want me S to Mars you're going to do that too you have to follow the law buddy that's the way it works okay the only way you could trespass offer public property is if I've committed a crime you cannot trespass someone from public property when they have committed no crime that's the way that works you're going to learn the law today you're making under Idaho law trespassing includes knowingly entering or staying on another's property without permission the Idaho Supreme Court has noted that while trespassing laws apply to public property charges may be challenged if they infringe on Free Speech rights although Mr Gutman could argue that a trespass charge violates his first amendment rights the state can set reasonable filming restrictions on non-public forums like a state liquor store as long as these limits don't Target specific viewpoints I'm minding my own business not talking to anybody taking pictures so in your scenario you were on the sidewalk that's correct taking video on public property taking video people coming on public property Constitution protected activity State Property is public property that's correct and you're taking video people coming in and out absolutely and some guy comes out and says what are you doing and you see I'm just videotaping things somebody asked me what I was doing and I said I'm in the middle of what I'm doing I would rather not have a discussion thank you okay that's exactly what I said and then he said he wants you off the side far and left no this guy came no no no no no that you're talking about six different things you made a you're making a mistake and I would remedy as quickly as possible we're done the officers ultimately left without arresting Mr Gutman or issuing a formal trespass notice afterward Mr Gutman spoke with a supervisor by phone and expressed intentions to pursue legal action against the police department and the liquor store on December 18th 2021 Deputy Carlos diesis Jr of the Santa Rosa County Sheriff's Office in Florida pulled over Miss Boon for having an invalid license Miss Boon was following her sister veteran Melle who stopped about 50 ft ahead after both vehicles came to a stop Deputy desus approached the Miss spoon's vehicle go they can go they need to leave huh my sister they're going to leave for what what am I being pulled over for 61 C what's the issue sir I'm explain to you in a minute ma'am Wonder thr me another unit noral response I'm stopping you to see you they don't they not to stop they are not part they are not part of my traffic stop okay let me finish F her that's okay she can pull up down the road and wait she's not going to stay here and wait she's going to leave it's not it's not open for conversation debate I'm dealing with one person ma'am I'm dealing with one person I'm not dealing with more than one she's not dealing with you she's making she's staying right there is okay your safety is fine illegal I I promise you is what is what is she doing she's being told to leave the tra stop right now this is something I'm doing she's to leave Deputy desus told Michelle to leave the side of the highway arguing that she could not stay there during the traffic stop courts often allow police to control the scenes of traffic stops for safety in a similar case the Supreme Court upheld the authority of the police to ask a bystander to leave on the grounds that police officers must be able to enforce traffic laws without interference courts have similarly upheld police orders for spectators to disperse or stop filming on security grounds which may justify Deputy deus's request being very unpr hello can you just go please well that's my sister and my niece so I'm just going to stay here releas I need to leave if you you can wait up there I think it's a public okay I'm I'm I'm not abstracting traffic I'm asking so you're obstructing this traffic stop so can you just please just there's a parking there's a parking lot up there please just go up there I'm going to make sure that my sister she'll be fine she'll be fine I observe okay so now I am telling you I'm not asking you you need to go what La am I breaking I'm telling you you need to go because it's not safe for you to be here okay not because all right are we going to play all right can I have your ID can I have your ID am I being detained you are now what am I being detained because now I need to identify you what am I I need I need to Deputy Crawford informed Michelle that she was being detained and required to provide identification referencing Florida statute which defines resisting an officer without violence as obstructing an officer's lawful duties in cases like Davis v Williams Florida courts upheld convictions when individuals actions or presence were seen as obstructive such as refusing to leave a traffic stop area which diverted officers attention and raised safety concerns given that Miss Shell's presence could be perceived similarly a court might rule her refusal to leave as obstructive allowing Deputy Crawford to legally request her identification refus because you chose to stay in this sit situation so now I so now I want your ID so now I want your ID and if you refuse to give it to me then we'll go sit in my car okay what law is that by not providing you you're failing to identify to a law enforcement officer okay but what but I have to identify if I'm being detained yes because you then you have to re so so listen I'm not playing this game I'm going to come over we're going to get out of your car sir you can call your sergeant you can get out of the car call your sergeant I would like a supervisor please you can get out of the car right now or I can help you out of the car or you can just give me your put your if that's assault because I've not broken you're impeding this traffic stop I asked am I impeding because it has nothing to do with you I asked you to leave you refuse the only reason why I pulled over is because my sister does not know my new residence and I told you you could go and I told you you could go wait up there in that parking lot okay you both have cell phones what is the problem because now you won't ident first you won't do a simple thing I ask you to do telling you I'm her sister and I know that that's what she has sold him by now okay that has nothing to do with what's going on back there okay and I'm not interfering with you doing what you men have to do no you are by by stopping here he does not want you here cuz now he why because he has no idea what you're going to do you don't think we dealt with situations where the person in this car all a sudden don't know that I I don't give a I don't give a and now now I'm getting mad because we have no idea what your intentions have I will pull up but I will be calling the police department I would like your badge number I'll give you my card please I've been so nice I gave you multiple opportunities you're cussing at me and you're because I'm done with you rude so you want to cuss at me I can cuss at you you all day long all that long that I have not been rude to you I was sitting here my and I have not until you started refusing so I still need I wasid what you I need your ID because you chose because you're interfering with this we don't want you here it's not I will comply with your ID request but you're being you are not going about this correctly all it's all on film God hi I'm glad and it we'll see how it escalated in this because of your non-compliance it did not escalate because my non-compliance I asked you questions you refused to answer and you are supposed to answer them you did not tell me what I was going to be detained for you did not tell me why I need identify myself failing for failing to do what we asked you to do so now you chose to be here now I need to make sure that we are safe I was doing absolutely nothing wrong and I'm allowed to be on a public road you're not allowed to I'm not impeding because you sto when they stop I didn't get out of my shut the door for your own safety fine do whatever you want I'm done with her hello ma'am hello ma'am I'm Sergeant Nicks so I watched the interaction um so from the start uh you aren't allowed to be stopped here if you are interfering with any kind of Investigation you can be detained at that point to and identified as a person you cannot just stop on the side Ro for somebody else stop even if you know her sister brother son you can't do that Sergeant Nicks approached Miss Shell's vehicle explained why she was asked to leave provided his business bus card and informed her about filing a complaint he also briefly spoke with Miss Boon assuring her that body camera footage would be reviewed although Miss Boon was unable to drive her vehicle the stop ended without arrests on April 24th 2018 Denver police officers visited riseup Community School in Denver to locate a student suspected in a recent shooting they first approached a student outside citing a report of suspicious behavior and asked for his ID they then encountered two more students returning to the school and escorted them inside once in the building officers asked staff if the suspect was present and one staff member indicated that he might be another staff member then called principal Lucas ketzer to speak with the officers hey how are youy here oh yeah what's going on okay so basically I so I can't let you guys come in and pick him from the school I let him know that you're here and then I can ask him if he wants to talk to you but if he refuses then I can't go get bring him to you um that's not to say that you know you can't get after school hours or anything like that but um that's just our policy in terms of you know what I mean like in terms of like so so I can let him know and then what I would say to him is um you know what I'll message to [Applause] him you know so so you're confirming he's here but you can't bring him to us is that what you're saying um I'm not confirming or denying he's here we would bring to you guys I I get it I mean trust me I get it I'm I'm just saying that you know whatever the circumstance um you know that's always the way that we despite the officer's manipulative remarks to principal ketzer he stated that even if the student was here they could not speak to him against his will and that the school had a strict rule against this according to Denver public schools policy police can only enter the school with approval from school staff unless there's an immediate safety threat the policy also requires parental notification for interviews or interrogations of students under 18 and a parent must be present unless they wave this right while school officials must release a student if they are arrested they are not required to do so for questioning a guideline kzer followed in his interaction with the officers Y Kids yeah so I'm not going to talk about my kids talk about so if you shot at your kids though you do have the same policy I'm just I'm just going to say that that's our policy you guys you know what I mean yeah I mean I'll see I don't even know if he's in the building to be honest with you well that other teacher pretty much implied that he's here so I don't know if he's here so I can go with you if you want it's up yeah I mean he's not here he's not yeah I get the [Applause] you that's what I mean that's the M it's the always students principal ketzer informed officers that the student they were looking for was not in the building and asked for a bus business card to pass along if he saw him if ketzer knowingly misled the officers he could face criminal charges Colorado law defines false reporting as providing authorities with knowingly false information which could apply if keter falsely claimed the student wasn't present just so you know teacher like he realized he made a mistake do we know if there's any other students inside I bet my until we leave now the principal is denying us access to the school denying uh us to look around and now they're saying he's not here we believe they're trying to hide him are assuming you're a teacher yeah what are you doing do you have access to the to get back in okay so we might we may need you I please let me in do you want her to go back in nope they they just said not to officer asked me where he should be I just went and he should be in CL he's not there on this floor yeah there's only the two floors which classroom I mean I'm not going to go there yet but if you don't know you don't know no I know what class it's it's it's the only class on the right down this hallway he's all the way down the right okay yeah he's not there so well all the way down on the right is a is a workshop like the class that you're talking about it's on the right hand side yes okay feale so my name is Mike Eon I'm the chief of the department of safety for Denver public schools so I all security police operations for the district so right now I want to talk to the see if we can get the situation know remedy before we let anybody else okay so we just take off check they have to verification I have to verify we don't have an armp so hold on is he in there okay he's supposed to be in there okay you hold on one second you go go ahead all right okay hi well there's somebody we're looking for we going to just make sure they're not here okay I'll ask get look at your face real thank you thanks [Applause] [Music] [Applause] guys off you for me buddy stand up for me real quick yeah there's a yeah gu thanks thank you all right thanks guys I the first teacher that I talked to said that's because everybody and no one I mean several students came down but I didn't see him come down so and then after we talked to the principal he went straight upstairs immediately went upstairs then came down at 600 okay so that never had anything to do with the classroom so I just for what it's you check ups we would like to yeah just to cover that base when officers did not find the student in the first classroom searched they conducted a thorough search of the school although they suspected the school was hiding the student they were unable to locate him Denver Police reviewed the actions of the officers involved and reprimanded one officer for making derogatory remarks about teachers it is not known if the officers were able to find the person they were looking for after the incident