You can take pictures in here. Can't hear you. You cannot take pictures in here. Can't take pictures? No. I don't have any pictures of beer at all. I drank them all down there. I drank them all down there. Get out. Or what? Can't take pictures. Can't have them. Oh, sorry. Is that a law? Yes. Okay. What What law is that? You Are you guys are saying that you're going to show me a law that says I can't film on public property. Is that right? Well, we we told you guys You have to have a permit to do it on public property. I have to have a permit to record on public property? Fella from the city zone away. Fella from the city? All right. Is that a threat or No. Huh? We informed you guys that you guys do need those permits. Aren't you a fella from the city? No. Huh? You're just a fella from the circus, aren't you? Yeah. All right. Building Safety and Permits issues building permits. That's issues permits to build a building. So, if I want to build a parking structure, I have to get a permit to build it. I don't have to get a permit to record on public property, though. I mean, I'm not, but it still says that you need a permit, though. It still says that you need a permit, though. We're going to go out on foot for a a few minutes. Hey, everybody. It's James Freeman. This video was recorded on two separate days. The first one was May 7th, 2021 at 9:24 p.m. The second part was recorded exactly 2 weeks later on Friday, May 21st, 2021 at the same location. Yeah, we're going to take that right turn and then we're going to take off and go down. Friendly neighborhood citizen and I were getting ready to go out on foot recording police in downtown Albuquerque. We absolutely were not here to record absolutely nothing going on in a parking garage, but I was live streaming at the time because when we go out and do cop watches, I'll often live stream for hours on end. I was paying absolutely no attention to the security guard that I didn't even realize was there. And as you'll see, his life would have been much better had he chosen not to pay any attention to me, either. But the bars just opened up here last week. And so it's uh it's starting to get busy out here again. So we're going to go walk the streets. A couple of hookers walking the streets, all right. It's got the little street walkers. I'm going to leave the scanner off while we do it. This can be uh this can be dangerous stuff because the thing about Hey, what's up? What's that? Can't take what? Oh, can't take take can't take Bit pitch? Oh, like a pitcher of juice? Or lemonade or No pitchers? No Okay, I don't have any pitchers, man. Pre- Appreciate it, brother. So anyways, uh yeah, the bars just opened up out here. Um What's that? Oh, we're going this way? Is this private property? Or or is it a public? I think it's public. I kind of want to go talk to him. Yeah, I think we should go that way. I think we should Yeah, this is city of Albuquerque. City of Albuquerque? Yeah. Oh, okay. Hey man, is this city of Albuquerque parking garage? Yeah. Okay, so it's owned by the city? Yeah, it's leased by the Leased by the city? Oh, okay. No pitchers though? No? What's that? Without a permit? Okay, no pitchers of lemonade, no pitchers of orange juice unless I got a permit. Cool. Yeah. That area is not a It's the movie industry. The movie industry? Yes, they're uh They have to uh They have to go back. So, what do I do with the pictures I already got? What's that? I got some more pictures in the car. I got a picture of uh lemonade. Do you want some? You sure? No pictures for you on public property. All right. All right, brother. Have a good night, y'all. What an idiot. What an idiot. I'm here minding my own business. I got the damn camera pointed towards myself, minding my own damn business, talking to you guys. This guy out of nowhere comes out. "Can't take no pictures." Like, are you that bored, you dumb mother effort? So, 2 weeks later, Mario and I are out again. We're at the same parking garage, we're making our way down to go cop watch, and Mario spotted the security guard. You should've walked all the way around. There's a security buddy. Where? He just rolled in. Oh, You want to back up? Yeah. This is the guy that told me I can't record in here last last week. What's that? You can't take pictures in here. Can't hear you. Do not take pictures in here. Can't take pictures? No. I don't have any pictures of beer at all. I drank them all down there. I drank them all down there. Get out. Or what? Can't take pictures. You can't have them. Oh, sorry. Is a law? Yeah. Okay. What What law is that? City ordinance. You can't take pictures in the parking lot. So, you need to get out or we'll escort you. Is it a public uh structure? Private property. Oh, okay. Owned by the city of Albuquerque? Yeah. Leased by the city of Al Leased by the city of Albuquerque, so public? How come you keep being mean to me? Cuz you're not doing what you're told. Hey. Get your ass out of here. Go away. Do I get to be mean to you now that you're not doing as I told you? You're not doing as you're told. Do Does everyone have to do what they're told? And you're not doing what you're told. I told you to leave. Go on patrol, man. Go on. Look for some some crime. Secure the parking lot. Get out of here, boy. It's no big deal, man. It's private property. You need a coffee or something? I'm about to go get some coffee. Do you want me to grab you one? I'm going to go grab some coffee. Do you want me to grab you one? Huh? No? Okay. Putting on your gloves? Putting on your gloves or what? Is there a law that says I can't take pictures? Yes, there is. It's a city ordinance. Yes. It's a city ordinance that says I can't take pictures in the public areas? It is not a public area. It's private area. Okay. Wait. And so, it's it's owned by the city of Al Albuquerque, is that right? Leased by Leased. Okay, so it's public. It's about as public as it gets, right? No. Hey, what's up, man? What's that? I can't hear you with the thing on. Good. It's really hard to hear you with that thing on. Cool. I told them to get out and they won't get out, he said. I told them to get out and they won't get out. What's that? What's that? I I dude, I cannot hear you with the thing on your face, man. If you want me to hear you, you're going to have to take the thing off. Oh, okay. Why is that? Is that a law? What's that? Here? Okay, go ahead and just show me where the law is, if you would. What's that? I think he's pulling it up right now. I think he's pulling up the law. Okay. To film on public property? Right, city property is public property. You got a bad attitude, man. I'm going to find Do you work for the city or for a private company? You guys work for the city or for a private company? Under contract? Okay. You're not going to be under contract for long. I appreciate you being professional, man. I get you're probably just trying to do something that you think you're supposed to do, but this guy, man, sitting here yelling at me, giving me attitude. Not not good, man. Not good. Is he looking up the law, though? Says I got two people up here refusing to leave. I think he's looking up the law, right? Are you familiar with it, so I can look it up, or no filming on at all? Oh, by now you're going to have to talk to the camera too. Dude, I really cannot hear you with that thing on your face. Because you're still going to have to put down the cameras too, because you will violate our instructions. I cannot Still going to have to what with cameras? Uh to to get on the website. I can't understand you. I really What are you Are you Are you guys are saying that you're going to show me a law that says I can't film on public property? Is that right? We told you guys You have to have something to do with it on public property. I have to have a permit to record on public property? Yes. Okay, how about the sidewalk down there? That's what I was instructed. Okay. All right, and it's leased by the city as public property. Yes, okay. All right. So, it would be completely unlawful then for there to be a law that says you can't record on public property. There's There's still a law you guys need to have a proper permit. Show me and I'll go. Show me the law and I'll go. It is on your phone too, you guys. Show me Show I've never been aware of any law that says you can't record on public property, so you show me and I'll and I'll make my way downstairs and get out of here. Fella from the city's on his way out. What's that? Fella from the city's on his way out. Fella from the city? All right, is that a threat or No. Huh? No, it was just to inform you guys that you guys need a permit. Aren't you a fella from the city? No. Huh? You're just a fella from the circus, aren't you? Yeah. Come on, guys. You You seen the way he's been talking to us ever since we he first saw me, man. He's been I told you TO LEAVE. YOU AIN'T LISTENING to me, boy. Like, come on, man. And it is true, though. You guys do need a permit. What's that? I I can't hear you, man. Hey. All right, building safety and permits. Uh contact information. Okay, so building safety and permits the division issues building permits and conducts inspections. I really appreciate you pulling this up for me, man. I really do. Um what we do we serve you. Uh application contact information. Uh what's up, man? What's going on? Going all right. I'm just going to read through this real quick and then we can chat with you if you want. So I'm seeing that this is where you get building permits. Yes. But that's to build a structure in the city of Albuquerque. That's what uh building permits is. It's still part of the law. It's still part of the law? Well, not the law, but it's still part of the under it. Okay. Issues building permits. That's issues permits to build a building. So if I want to build a parking structure, I have to get a permit to build it. I don't have to get a permit to record on public property, though. I understand that, but it's still saying that you need a permit, though. Okay, so besides that, that's not actually law even. That's that that does give information on how to and building permits are law, although you didn't pull up the laws on building permits. Um but that has nothing to do with public photography, so. I don't know what it's saying because it is public property from the city, so you guys do need the I appreciate that. Where'd you get your law degree? Law degree? I don't have one. Oh, you don't You don't have a law degree? No. Okay. That's probably why you know so little about the law. Is that right? No, we just know that you guys do need a permit. You didn't convince to show me anything in Anybody can show me that law and I'll be happy to just get out of here. It's a New Mexico law. Yeah, if you can just show me that law, but again, you know, a law would have like What are the laws in New Mexico? I know in Arizona they're like AR Arizona Revised Statute, an ARS. What are the What are the New Mexico laws? Is Anybody in the chat want to let me know? Is it NMS? Okay. NMS, like what do you NMS? Uh that'll be like New Mexico statute. NM stat AN But Okay, so what would you would be looking for as far as like it being illegal to record on public property would be an NMS. you guys to get the park the permit for the dwellings. So that's Right, but that's Those are build Those are permits to build a structure. Like if I want to build a house, that's what building permits are. I'm looking at multiple development departments. Here, let me see. You Maybe I'll try to find the law. I know it doesn't exist, but I will search for it. Um why don't we do um New Mexico laws on public photography. We'll Google that. How about that? New Mexico laws on public photography. Hopefully so. Um there's stuff about uh you cannot videotape or webcast inmates. Um you cannot video or broadcast inmates uh the intimate areas of inmates including a person's naked undergarment clad genital area, groin, buttocks, anus, or breasts. So the Yeah, so these are going to be the the laws on public photography over here. So um I don't see any genitals or or anything out out on him. And honestly, if his genitals were out, that would be a crime for him, right? Not for me. I mean, the fact that we're looking for the Okay. You don't You don't walk around here with all these kids around with your genitals out, do you, sir? Is that a no? I hope not. Is that what you're worried about, somebody catching you with your genitals hanging out up here? So, that's I know you don't. You don't seem like the type of guy to do that, but this guy over here, I don't know. He seems like the type. Uh let's see. So, yeah. For anyone to intentionally photograph or videotape or webcast or record the intimate areas of a non-consenting person's body. The intimate areas include a person's naked undergarment-clad genital area, groin, buttocks, or breasts. And that's uh that's going to be New Mexico statute uh chapter 30, article 920. Article 9-20. Okay. Yeah. Let me see. Uh Is it illegal to record in public buildings in New Mexico? Uh New Mexico law summary. New Mexico law stipulates that it is a one-party consent state in New Mexico. It is a criminal offense to use any recording device uh wire communications without consent of at least one person. So, that would be uh That means that you can't have security cameras in here? Oh, wait. Yes, you can. Because the person who put them up consented. Wait, what do you mean by one-party So, so one consent person means that um like if you two are going to be in your car together, I can't stick a camera in your car and record you guys while I go over there. Does that make sense? That would be wiretapping. Okay? But as As as one of us knows that we're being recorded, then it doesn't require the consent of anybody else. So, we're learning some stuff here, right? What did What did you find? You find anything? No, just trying to look for the I'm right now right now I'm on the uh parking permit, but they doesn't say about the parking garage, but we do know we do have to enforce the Well, I I wouldn't doubt that maybe somebody told you to enforce that, but I'm telling you right now Uh-huh. this is what I do, and there's no law that says that we can't record in a public building. But that's what we were doing, though. We've been doing that for years now. I believe you. I believe you, and I believe that somebody told you to do it. Exactly. I'm I'm not going to argue that for one bit, and you've been really cool, man. You're just really chill. You're trying to figure things out. Yeah. Um but I'm telling you that there's no law to back that up. Not only is there no law to back up that same You're saying that I can't record here, but there is law saying that I can record in public places that are owned and operated or leased by the government. Okay. Um because when it's leased by the government, who's it paid for by? Who's that? Who Who paid for the Who Yeah, exactly, right? Right. So, it's public. The public pays for it. So, you can't restrict the public from exercising their rights anywhere where That's true, but you know how they are, too. The city is enforcing with the permanent with the permit to take photos and video cameras in They They can't do that, though. I'm telling you they don't. Maybe they told you that they are, but it doesn't work. It doesn't fly. Um Like I honestly got other stuff to do. Um I'd like to get out of here as much as you'd probably like me to get out of here, but I think that we need to come to the conclusion that he realizes that public photography in uh publicly accessible government-paid-for places, taxpayer-paid for places is totally acceptable, legal, lawful, and you cannot make a law against it. So, you know, as soon as we've determined that, I'll get out of here, and this guy won't harass anybody else again, right? Well, this is still a Well, we still enforce the rule. Hey, you seem like a decent guy, though. I think that after this interaction, you might do some homework and be like, "Oh, you know what? That's not actually enforceable." And you you might just stop doing it. You might go to your higher-ups and be like, "Dude, why are you telling me to to enforce this rule that's totally unenforceable?" But guys like him, they're just power trippers, you know? And like, he doesn't care. He just wants something to enforce, you know? Like, if they made a rule that you can't have shoelaces in the parking garage, this guy'd be running around, you know, shoelace Nazi. Huh? I thought you were on personal body cam. Y- Yeah. But that's the you know, that's the type of guy that this guy is, though. Like, you tell him he's allowed to enforce a rule, and he's like, "I'm going to enforce it." So, I think the problem is really that where the problem came in here is that somebody told him he had authority that he doesn't have. So, I really do have to get to some other stuff. Can I come back, and we can see if we've made any progress on this later? We Are you going to be here for a few hours? Okay. Well, will the clown be here for a few hours? Are you going to be here for a few hours, clown? I'll be here all night. You'll be here all night? Okay. Will you go ahead and do the do your homework, look up that uh law for me, or and I'll come back, and What's that? City security? Okay. I mean, is it Do you want me to wait, then, or do you want me to leave? Okay. I got stuff to do. I mean, I don't want to seem like I'm running away, though, if like your say city security is coming like I'm in big trouble or something. Hey, there they are. I don't want to like run away. He's fleeing. He's fleeing. City security are really chill actually. Uh City of Albuquerque Police Department are very well trained. Their security department is equally as well trained. So, I have a feeling that this guy is about to school the hell out of the uh ADC security guard and we'll be on our way. And compliments to this guy. I Can I have your name? Is that Ramos. If I don't have to, but if you're comfortable with it. Uh just Ramos. R A M O S. R A M O S? Okay. Ramos has been pretty uh chill dude. He's just trying to figure out what's what the rules are. He's He's not over here demanding, "Ah, this is this is it. You have to obey me or I'm going to do something." He's trying to figure it out. He's like, "Man, I never heard this before. I thought this was the rules, man. You're saying they're not?" Ramos is a good dude. I don't know what his name is, but I I'm I'm going to just say it's Clown. No. Clown? Yeah, that's I mean I I feel like that's probably the best thing to call him. Um did they pick him up at a circus or what? No. So, a lot of circuses got shut down during the uh the pandemic thing, right? Cuz a lot of a lot of circuses and carnivals and stuff like none of that stuff was going on during the It's coming back though. Yeah, but while it was I'm sure coming back. Yeah, so for the last year though he's probably been out of a job at the circus. Is that why he got into security or you still on the same website or Yeah, so far parking permits are usually uh the Yeah, but they See, this is all with parking. So, what you would What you would want to be looking for is is um really rules on public photography. Um cuz if you're I mean, you're looking for permits. As far as uh permits for photography, that only applies to like movies. So, if I want to come and shoot a movie, like I uh Better Call Saul is shot in town, right? Because even the movie theater guy with security come and Yes. So, when they're filming though, they're doing it for commercial purposes, and they have to have a permit. Okay? If you're just doing it for news and and gathering information for news, you don't have to have a permit to do it in public places. Are you a money pony? Yeah. And you? Yeah. Um and so, that's the difference. If we, you know, we can't come in here and set up a studio and shoot a movie in here without a permit. That's what you need a permit As far as filming in public, that's when you need a permit. And you know what? Maybe that's where the mistake came in. Is maybe they Maybe they were talking about Hey, what's up, man? How are you? Thank you, Officer. Hey, uh this guy's a perfect example, man. Oh, yeah? Yeah. Yeah. I don't know what's not in order in this town. You can't get a pass. I mean, it's a public place. Florida. It's technically a city outfit, but Yeah, you guys are fine, man. He doesn't know. Appreciate it. And I just I called my supervisor to find out. Yeah. And they were they were actually talking about it today in the meeting. You guys are good. As long as you don't film on private property. Yeah. Come on, man. I I got to say it. Do you? I mean, I don't know what's You know what? While you're here though, Uh-huh. you you actually are employed by the city, right? Correct. This guy made a comment earlier today that made me think that he might be exposing himself to children in the parking garage. The The guy that looks like a clown over here, he made a By the way, um it looks like I'm pointing at you, but I'm doing that because on the screen my finger shows it pointing to him. I just just be aware, be on the lookout. Like I'm not saying he does do it, I'm just saying that some of the comments that he's made makes me believe that he may be the type to expose himself to children in public. So, just be on the lookout. You know what I'm saying? I'm not saying he did do it, I'm just saying there are signs that we look for in people, right? So, you know. All right. Thank you for coming up here. I appreciate you, Martinez. All right. Hey, I appreciate you, brother. You were You were wonderful. Thank you, sir. No, that's Hey, man, I'd hug you except that's probably weird. We're all learning, man. Thank you. Cool. All right, thanks, man. Hey, the circus is opening back up, so you can probably get your job back there, bud. Have a good one, everybody.