Put your phone back in your vehicle. >> I have the right to to record you. >> No, sir, you don't have the right to record me right now. You have the right to stop hindering my investigation. >> This is a phone. This is >> Put your phone in the vehicle or I will take it out of your hand and put it in your vehicle. >> Sir, I know my Call your supervisor. >> My supervisor is right there. Put your hands >> is my hands. Here is my phone. >> Put your phone back in your vehicle. >> don't want to be recorded? Are you going to do something wrong to me? >> I'm recording right here. I got a recorder here and one in my vehicle, so >> This is my first amendment rights. >> In this encounter, this cop turned a simple traffic stop into a battle over a phone, demanding that the driver stop recording and answer questions he repeatedly refused to answer. When the driver stood his ground, the officer claimed recording was hindering his investigation and even threatened to take the phone from his hand. But the situation changed the moment the supervisor arrived and directly contradicted the officer's claim about the driver's right to record. Watch how this traffic stop goes from an aggressive power struggle to a very different conversation once the officer's own supervisor steps in. >> Good evening. Officer Foster, Prairie Police Department. The reason I pulled you over is failure to dim your lights. Get your bright lights shining in my face. >> Oh, I'm sorry about that. >> You have a driver's license and insurance verification, sir? >> Yes, I do. >> Well, at the moment, I'm just wondering where you're headed to and you can't seem to tell me. >> Do I have to? >> I guess if you don't want to, you don't have to. >> Yeah. >> What's that? >> I just don't feel to answer any questions. >> Say what? >> I just don't feel to answer any questions. >> Okay. What was that sound that just happened in your truck? That you do need to answer. >> No, I don't have to answer that question. >> Okay, do me a favor, step out of the vehicle for me, please. >> a department? >> At the moment there is. Step out of the vehicle, please. >> This is my hands. >> I see your hands, sir. Unbuckle your seatbelt. >> This is my phone. >> I see your phone. Leave your where it's at, sir. >> I'm going to record you. >> Leave your phone where it's at. Leave your phone where it's at. Unbuckle your seatbelt. >> call your supervisor? >> My supervisor will be making appearance in a minute. Unbuckle your seatbelt and step out of the vehicle. >> Okay. >> Leave your phone in the vehicle, sir. >> I have the right to record. >> I have I'm recording right here. >> right to record. >> I have a recording right here. 28-8, K96 my location, please. >> Step out of the vehicle, sir. I'm not going to ask you again, sir. You step out of the vehicle. >> Is there a problem? >> Yes, there is a problem, sir. >> Right now, it's your lack of cooperation. Put your phone down. You can leave it recording, but it stays in your vehicle. Step out of the vehicle, please. >> I'm I'm going to I'm going to step out. Can I Can >> I'm going to I'm going to ask you one more time. You want to turn your engine off, turn it off. Step out of the vehicle. >> Here is the keys. >> Step out of the vehicle, sir. Put your phone back in your vehicle. >> I have the right to to record you. >> No, sir. You don't have the right to record me. Right now, you have the right to stop hindering my investigation. >> This is the phone. >> Put your phone in the vehicle, or I will take it out of your hand and put it in your vehicle. >> Sir, I know my I'll call your supervisor. >> My supervisor is right there. Put your hands on >> Here is my hands. Here is my phone. >> Put your phone back in your vehicle. >> Why you don't want to be recorded? Are you going to do something wrong to me? >> I'm recording right here. I got I got a record here and one in my vehicle, so Sir, put your phone back in the vehicle and stop hindering my investigation and then step back here with me. >> Yes, you are being detained. >> Right now, for a traffic violation. >> Okay. >> And a lack of uh answering any questions that I asked it whatsoever. So, >> have to answer your questions? >> Yes, certain questions you do have to answer. >> Okay. >> Put your phone down. Step back here for me. >> Is that your supervisor? >> That's my supervisor. Put your phone down and come back here with me. >> That's my keys. That's my phone. >> Okay. >> Okay? Uh I told him I'm just going to record this interaction this traffic stop. He is telling me no, you don't have the right to record. >> You have every right to record. >> Okay, so >> now, too. >> Okay. And I asked him, am I being detained? He said, yes, because of a traffic interaction. I said, okay, that's fine. He said that they have to answer every question he he asked. Some of the questions he asked I told him because he keep asking me questions, you know, I really don't I don't feel to answer any question. >> Okay. >> And he start to escalate. He put his his hand on the gun and he start to tell me what's this sound inside your vehicle. I said, I don't I don't feel to answer any question. You asked me for the license. >> And your registration and then I asked you what what was going on in your vehicle. I didn't see your hands and I hear a noise come out of your vehicle. I asked you what it is. You gave me you showed me your hands after I asked you what the noise was and you said I don't feel like answering your questions. >> I don't have to answer any questions. What's your name? >> Officer Foster. >> What's your badge number? >> 28. >> Your name, sir? >> Sergeant Flannery. >> Your badge number? Okay, so >> Step back here in front of my vehicle. >> my door? >> Yeah. Absolutely. >> Okay. >> So, you going to answer my question yet? What was that sound that your vehicle is making? The sound coming out of your vehicle. And I asked you what was going on. >> I would like to be free on my way. >> You'd like to what? >> Yeah. Huh? >> 523. >> 28 clear. Can I get the return on that 28, please? Mr. What's your current address? >> Whatever is in the driver's license. Am I giving a a warning? >> a Is that Is that a Is that a correct address that's on your license? >> Am I giving a ticket or a warning? >> I'm asking you a question, sir. Answer my question. You you ask You answer my question, I'll answer yours. Right now, you need to answer my question. What is your address? >> Okay. Let me tell you something. Every citizen needs to start with with Not every citizen is ignorant on his rights, okay? I don't know if they teach you that in the police academy. >> You have to tell me your address when I ask for it. >> rights. There is the first amendment to the court. That's what I'm doing. There is the fourth fourth amendment. >> Are you not going to give me your address? >> and seizures. And there is the fifth amendment to to refuse to answer any question. It doesn't matter where is it. That's the fifth amendment. So, when if if I choose to answer your question, that's fine. I choose to. If I say, "Sir, I want to remain silent." That's my right. >> Okay. Listen to me real quick, okay? On this program, it does both citations and warnings. To fill out to do our job >> I'm not I'm sorry. I'm not trying to give none of you a hard time. It's just, you know, the way you approached me was kind of scary. And all I did is invoking my rights. >> Okay. But listen to me. >> Yeah. >> To do our job correctly on this system, we need your address. >> That's what I told him. I answered his question. I told Whatever is in there is my address. >> Okay. So, on your license, that is correct? >> Yes. >> Okay. >> So, what is Am I getting get a ticket? >> No, sir. You get no warning. >> Okay. But, that's true, right? >> What's that? >> If I don't want to answer questions, I don't have to answer questions, right? >> You're fine. >> I just want to know that. I always try to dis- de-escalate, you know? Cuz not everybody you stop is a criminal or a bad man. There is some people who are nice, but they choose not to answer. They choose just to remain silent, you know? That's their constitutional right. What is this town called? >> It's in Perry. >> Perry? >> All right, sir. What this is, I wrote you a warning, okay? >> Okay. >> It's not going to cost any points on your license. There's no court date associated with it. No money, okay? Here's your copy of your warning. There's your insurance verification. I need to sign right there. It just states that I gave you the warning and explained it to you. What's your phone number, sir? Area code first. >> I don't wish to give that one to you. >> I got to have it for my system, sir. >> Do I have to give that one to you? >> It took the play out of us. We have to have it. You can give us your company phone number if you want. >> I'll do that. >> We We just need a phone number. >> For what? >> For our system. Like I said, it is You have You have your paperwork you have to fill out. This is our paperwork. It It's on there. You can see >> my driver license. You got my name. You got my birthday. You got my address. What else you need? You don't need my phone number. >> A phone number my system requires a phone number, sir. >> wish to give it to you. You got everything. My insurance, my plate, my You got my whole life right there. So, I don't know why you need my phone number. So, can I get my driver's license so I can be free free to go? >> This traffic stop shows how quickly a routine equipment violation can turn into an unnecessary confrontation when an officer treats a citizen's refusal to answer questions as a lack of cooperation. The driver had already provided his driver's license and insurance, yet officer Foster continued pressing him about where he was going, a sound inside the vehicle, and other questions the driver repeatedly declined to answer. The officer then escalated the situation by ordering him to stop recording and claiming that simply holding up his phone was hindering the investigation. The First Amendment generally protects a person's right to record police officers performing their duties in public, provided the recording does not actually interfere with police activity. The driver was also entitled to decline many investigative questions, although identifying information and information required to complete a traffic citation can be treated differently under state law. That distinction became important when the supervisor explained that the department needed the address for its paperwork, while also confirming that the driver had the right to record and could choose to remain silent. The officer's biggest mistake was turning the driver's decision to exercise those rights into a confrontation instead of keeping the traffic stop focused on the actual violation. The driver did not need to surrender his phone simply because the officer disliked being recorded, and he did not need to answer every question merely because the officer demanded an answer. The driver stood his ground, provided the information legally required to process the warning, refused the unnecessary phone number request, and ultimately left with nothing more than a warning.