The problem is you're on private property reporting, man. And you got to get authorization from V public affairs to do that. >> And they're closed, right? >> Do you have authorization from V public affairs to do >> to be on public property? >> Well, it's it's public property, but it's private property as well. Okay. It's open to the public, but like I said, if you're going to be out here recording, you got to get authorization for via public affairs. >> You videoing over here for What's that? What you videoing over here for? This is private property right here. >> Yeah, I understand. I'm just >> Yeah, I know. I'm just making sure I'm filming on public property. I'm not going to go on your guys' property or do anything like that. Um, >> when police act as if they are above the law towards someone filming in public, they don't realize that the person they're confronting actually understands the law very well. >> Don't stand in the driveway. You're in the driveway. >> You're going to get hit by car. >> Right here is probably better. >> All right. >> I don't want you to get hit, man. >> There you go. >> A police officer's abuse of authority in front of a camera today may be creating evidence for a lawsuit against themselves. A man was simply standing and filming at a public bus stop. But just seconds later, transit police suddenly showed up. They claimed the area was private property and said he needed permission in order to film there. >> This camera ready to go, man. >> How's it going? >> Good. >> Sergeant Dana Martinez with the Transit Police Department. Is there anything we could help you out with? >> No. Is there is there a problem? >> Yeah, the problem is you're on private property reporting, man. And you got to get authorization from B public affairs to do that. >> And they're closed, right? Do you have authorization from via public affairs? >> Are they on public property? >> Well, it's it's public property, but it's private property as well. Okay. It's open to the public, but like I said, if you're going to be out here reporting, you got to get authorization for via public affairs. >> All right. I'll step back on the sidewalk. >> That's cool, man. >> Anything else I can help you with? >> Now, you're on public property, so that's fine. >> All right. >> Don't stand in the driveway cuz you're going to get hit by a car, man. I mean, you tell me I can't film over there, so I'm just trying to get my footage. And after I get my footage, I'm going. Okay. Well, >> don't stand in the driveway. You're in the driveway. You're going to get hit by car. >> Right here is probably better. >> All right. I don't want you to get hit. >> There you go. >> You guys going to stand here the whole time? >> Yeah. While you're out here. >> Why? >> Cuz you're out here. >> Is there a problem with being out here? >> Well, it's suspicious activity. That's what we got to call for. was suspicious just out here recording. >> But how is that suspicious? >> What makes this area critical infrastructure? Let me ask you that. >> How is it critical infrastructure? It's a public transportation system. >> Mass transit. You don't you don't think there's opportunity for a terrorist act to happen? >> Anybody can get on a bus, right? They don't have to have ID. All they have to have is >> How do we know you're not doing some kind of reconnaissance from a terrorist act? >> You don't need to, though. Like I said, I have no ill intent. I don't I don't have no ill will intend against you guys. Okay. >> Well, I don't know you. >> I don't know that. >> So, you guys just gonna stand in front of my camera the whole time? >> Yeah. >> This is this is our our employer's property so we can be out here. >> Really? The police continued asking questions, repeatedly mentioning private property, and even hinting at possible security threats. But the man filming remained calm, insisting that he was simply exercising his constitutional rights. Then an unexpected situation unfolded nearby. A man carrying a rifle walked into the area. >> You guys make it downtown yet or no? Japan thing going on. >> I'm just trying to get my footage, man, and I'm going. >> Well, I can talk to you, right? There's nothing illegal or immoral about that, right? >> Hey, sir. Can I ask why y'all stop the gentleman? I'm just having to walk by and see y'all messing with him and just wondering what the [ __ ] >> We're just out here voluntary talking to him, man. I feel standing in front of me, but I want to step away as well. >> Are you not wearing a weapon? >> Oh, I sure am. And this is a good reason why. >> So that way cop want to approach me and and try to intimidate. You you approached us, man. >> Exactly. And I was just trying to get some information and you've been real like standish and I was trying to get some. Like I said, I wouldn't ask like I told this gentleman right here while you guys are going to all this is ours. So, we're going to stay out here. It's our property. Well, I paid for it, so it's part of my property as well. >> Okay. it belongs to my employer. I'm I mean I'm speaking to him right now. And so I mean again this is my property as well you know and obviously I was waiting for a lot and saw you bothering me ask question for your YouTube video man I just can't be >> popular Whatever you actually don't invest in y'all safety. >> No, we just haven't got around to >> just like every other. >> Yeah, I would hope so. because I know park police got them not contact >> safety issue. They were really worried about that safety. >> A man carrying a rifle stood nearby and the police immediately acknowledged that it was legal under the Second Amendment. But what confused the man filming was this. Why is a rifle easily accepted while a camera is treated as something suspicious? Hey, do you guys consider that suspicious? >> Do you guys consider that suspicious? >> Yeah. With an assault rifle? >> Yeah. >> It It's definitely going to raise some eyebrows, but hey, second amendment constitutional right, man. >> Huh? So, my first amendment doesn't mean anything, right? >> I said, so my first amendment doesn't mean anything, right? >> Your first amendment? >> Yeah. >> Like I told you, if you're going to record here, you got to get authorization from me. >> Even on a public sidewalk? >> On our property, man. You're on a public sidewalk now. You got to go. I know, but you guys are going to keep following me. >> We're going to stay out here while you're out here. Yeah. >> So, if I go down that way, you guys going to keep following me? I don't I don't care if you stay out here, but I'm just like I mean, if you going to babysit me, you know? >> Are we going to put you in handcuffs or jam you up? >> I didn't say it. I'm just saying like I just don't want to be babysitting. >> Well, as long as you're out here, we can be out here, too, man. >> That's fine. But I'm just saying like, you know, just do what y'all got to do. Like I said, I'm not bothering you. We're going to >> stay out here, too, man. >> Okay. No problem. All that over a camera. This guy had an assault rifle. That's nothing. So, they want to uphold the second but not the first. The police continued to follow the man filming step by step while he repeatedly insisted that he had done nothing wrong. But then the situation suddenly took a turn when the officers began asking a completely different question. One that escalated the confrontation in a way no one expected. >> You don't ask questions? >> I do not. >> All right. Well, to be a paying customer, that's that's all we're trying to get at. If you're a paying customer, you're good to go. If you're not >> If you're not a paying customer, then you're going to have to go. Okay. >> I don't ask questions. >> So, are you a paying customer? >> Don't answer questions. >> There's a partner bus. You got to go, man. >> Don't ask questions to catch the bus or not. >> Sir, >> this seems like harassment to me. >> This is the second time, sir. I'm asking you to leave. >> Seems like harassment to me. >> Why? >> Because you're not a paying customer. You're not utilizing the transit service. >> What about you, sir? Are you going to catch the bus? >> So, are you going to leave? >> Because I'm trying to catch the bus. >> You just said you weren't answering any questions. Now you're answering questions. >> Hello. >> Well, obviously you're going to kick me out, so I can't catch the bus. So, what do you want? >> Are you going to leave it? Sorry, man. Put your hands when he's not a paying customer. >> Because I'm not a paying customer. Is that what you're saying? >> But how do you know that? >> Because you refuse to answer questions from me. >> I don't have to answer questions. I really don't. >> You're on private property >> and if you're sitting here, that means that you're a paying customer and you're going to pay for service. >> So then you just answer your own question. You do is just walk back and forth with me. >> Well, we here yet. So stay here the whole time. What bus are you taking? >> I don't have to answer any questions. You already answered your own question that you're taking. >> You already answered your own question. >> Go, brother. You got >> You already answer your own question. You said if I'm sitting here, I'm a paying customer. >> Are you going to leave or not? >> You said if I'm sitting here, I'm a paying customer. >> To leave or not, sir? >> I'm catching a bus. >> You want to go to jail for criminal trespass? >> I said I'm catching a bus. >> Make the decision. >> I'm catching a bus. >> What bus you catching? >> It's irrelevant. >> You can't even answer my question. >> It's irrelevant. >> That's like going to You just asked me if I was a paying customer, but I don't know what I'm watching. >> This is what we're going to do, partner. We're gonna wait for the two routes that come through this bus stop to come by here if you don't catch the bus and that means you weren't catching the bus. Do what you got to do. >> Get on the bus. >> Say again. >> Do what you have to do. >> Okay. >> We're gonna do that, man. >> Are y'all Y? >> We're going to do the same for you, too, sir. >> Yapos now. What's up, guys? >> How's it going, man? >> It's me again. >> How you doing? >> You guys haven't learned your lesson. >> You guys haven't learned your lesson. >> Weren't you here the other night with me? >> Yeah, but this time you guys were at the bus stop, so kind of using the bus for its intended purpose. Yeah, know we got to ask you guys to leave. >> Yeah, we get the game. We're all want to catch >> the police began applying pressure, repeatedly demanding that the man filming prove that he was actually waiting for a bus. And when another officer joined the conversation, the debate over constitutional rights and law enforcement authority became more heated than ever. >> Finish the question. >> Can I finish first? >> No. >> No, I can't finish. >> I let Mr. Miller finish. Why can't I finish? >> Cuz I'm talking to you now. >> Okay. Well, I'm still talking to him. >> But I'm asking you. I'm being resistant. >> Do you mind? Okay. >> No, cuz it's it's it's dumb >> because he can respect the second amendment, but she can't respect my first and my fifth. That doesn't make sense to me. And that and that really upsets me. >> I I would like to know how customer pay. I'm not answering any question. I said, "Okay, so you don't know what Buster Roger captioned." I said, "It's kind of like going to the movie theater and saying, "I don't know what movie I'm going to watch, but I'm here." Cool. If you're going to wait for the bus route, what time is your bus coming? Usually people that wait for the bus route know what time the bus routes come and they know what bus they're taking. That consistently take >> and then the guy with the rifle be employee just pulled up and said, "Hey, there's a guy with a rifle. What's going on?" I said, "Scdon, they're allowed to do that." Okay. Well, is he coming over here? What is he doing? He was legitimately afraid. You know, why is he here with a rifle at this time of night? I said, "It's the Second Amendment. You're filming. You're allowed to do this." Okay? And he felt okay. I said, "We're not freaking out, so you don't have to freak out." >> That's the root of my issue here. >> Okay. >> My thing is is that >> I don't understand how my first and my fifth amendment right come off resistant and suspicious when this man is still here with an assault rifle. You guys turned your backs on him and followed me. >> Taking off, man. You're the one that said you were sticking around, >> but you followed me and turned your back on. You guys were not even 10 ft from him when you guys did that. But I'm just saying like you guys are not respecting my rights, but you respect his second amendment, but you don't respect my first. You don't respect my fifth. >> Okay. >> So, you're agreeing with me, right? >> No. >> I find that very offensive how you guys are willing to take my right as suspicious and resistance and completely respect the Second Amendment right. >> See that phone number right there? It's on all 7,000 bus stops here at America 360 2020. >> Call and initiate a complaint. >> The confrontation ended without any arrests, but the bigger questions still remain. Was this simply a misunderstanding during the course of duty? Or another example of constitutional rights being challenged right in the middle of a public place? Up next, a man was simply standing and filming near a railroad facility and an airport. But just seconds later, BNSF Railroad police showed up and claimed the area was private property. >> How's it going? >> What's that? >> Oh, no. No. I'm just taking video out in public, man. That's that's about it. I mean, I just had a a brief conversation with them and I told him what I was doing. All right. What What you videoing over here for? >> What's that? >> What are you videoing over here for? This is private property right here. >> Yeah, I understand. I'm just operations. >> Yeah. No, I'm just making sure I'm filming on public property. I'm not going to go on your guys' property or do anything like that. Um I told the guys like, you know, I have no ill willing or anything like that. I don't I don't have any >> um desire to go onto the property or do anything like that. So I said I'm just going to stand on >> Do I have ID? >> Yes, sir. >> Uh no, not on me. >> No ID on you at all? >> No, not on me. I don't I don't carry ID. >> You don't carry ID? >> No. >> Okay. So what what's the purpose for being over here filming? >> I'm just taking pictures out in public. There's a a trucking railroad station here and they got an airport here. So, there's a lot going on over here. So, I'm just out here taking pictures over. That's it. >> Okay. Come on over, sir. You said you have no ID on you? >> Uh, nope. >> You got any weapons or anything like that on you? Put your phone down, please. >> What's that? >> Put your phone down, please. >> Put my phone down? >> Yes. >> Am I under arrest or something? >> No, no, no. I need to talk to you for my safety. I can't be have that phone in your hand. >> It's not a weapon. >> Well, that's You may not know that, but And I may not. And I >> You can say it's a screen. Is that a weapon? >> My hands are right here. Uh-huh. Well, but the thing is sir, there are cell phones nowadays that can be used as u what do you call those? Like taser type of things that we hear about in law enforcement all the time. So, I don't know. >> I've never heard of that before. >> That's pretty interesting. >> Anything from pens to even cameras that are used as weapons. They have the projectiles in them. They have uh you can shock people with them. So, for my own safety, I'm just asking you, can you put that stuff down? >> Uh you want to put this down and this down? >> Yes, please. as possible. We have you want to damage or anything. You want to put on the seat or you can right here. I don't want you to damage her. >> I'm not ready. Well, I already keep your hands clear. >> It It's right here in front of you. So, you >> No, I already keep your hands free. So, I don't know what I don't know what he actually had there. I I see it appears to be a bone. I see it appears to be a camera and I see it's recorded. >> Even though the man insisted he was standing on public property and had no intention of entering the railroad company's property, the interaction didn't end there. The officer continued to ask for his personal information and expressed concern about what the man filming was holding in his hands. Then the conversation suddenly shifted to a controversial request. >> Well, you know, I rather not. Am I Am I being detained right now? >> I'm just trying to Well, sir, I'm asking for information, right? >> I want to make sure you don't have any type of warrants, anything. Want to make sure you don't have any ill feelings, and I just want to identify you. >> All right. Well, I just told you. Can you get your camera? >> I'll back up for I'll back up. >> Back up. Come on over here. Let's not be that close to the street. No, no. You have to back up or anything. I'm just asking you, can you not put point your camera directly in my face like that? >> I'll point I'll put it over here. >> Okay, sir. >> Here. Here you go. This work. >> Yeah. This just for my safety. I'm not sure what's going on. >> Right. >> I I already told you what I was doing. I have no ill will intent. I'm just taking pictures out in public. >> Sir, I understand that you're you're saying that you're saying that you don't have any ill will intent. Okay. >> Right. I have a job to do. I'm asking for your name. I'm asking you for information. I just ask you, can you clear your hands? That's all. I mean, it's not this not it's not any controversial. I'm not in fear of you or anything like that. I just want for my own safety make sure everything is fine and then we can have a good day. That's all I'm asking. >> I understand that. But, uh, like I said, am I being detained right now? >> Do you want to leave? >> I'm asking if I'm being detained. >> I'm asking you for information. Do you want to leave? >> I'm asking if I'm being detained. If I'm not being detained, then I'm just going to walk. >> I know. That's why I'm asking you. If you want to leave, you're free to leave. >> I'm not going to leave, but I'm just going to walk down that way. But am I being detained still? >> Okay. You're free. You're free to walk down that way. >> So, am I being detained or am I? >> You're free to walk. You're free to walk away. >> Okay. You're free to walk away. >> Thank you. >> Both sides continued debating the limits of police authority and the rights of citizens to film in public, but the conversation suddenly shifted to a specific legal issue. a law related to refusing to provide identification to police. And that very law was about to make the exchange even more heated. >> With homeland security, the homeland security stuff, man, you know, the airport here, you got the rail traffic here and you have uh, you know, Super Bowl coming up and different things like that. You know, everybody more on a uh a heightened sense of alert. So, that's all. And that's why these that's why these railroad people reported. >> Let's see. See, look. You see how like the airplane is right there? >> Honestly, man, I love airplanes. When I'm outside, I look at them all the time. I mean, exactly the same, man. Just when you when you mix in a rail operations with the airport operations here, yeah, people going to be a little bit more cautious and weary. And it's in these and it's these employees job to report suspicious activity and things like that. And they think of it as suspicious. I know you're just sightseeing. I mean, you won't tell me why you're doing it. That's fine. just it just taking pictures out in public. It's just something I don't see on a daily basis. >> It's uh you know, you got your trucking station here. You got your your you know, your train carts and you got the airport that's taken off right there. So, there's a lot going on here that you just take pictures of and it's >> to me it's interesting, you know. >> So, that's just what I'm taking pictures of. But, I guess to go back on the uh the penal code there, too, basically, I'm just going to sum it up. It only it's only offense if you fail to identify yourself if you've been lawfully arrested. However, it's a it's also arrested or lawfully arrested. >> Not lawfully detained. >> Not lawfully detained. Well, if you're lawfully detained, it's it's a criminal offense if you lie about your identific. So, if you lie about your >> That makes it a that makes it a class a misdemeanor if I'm not mistaken. >> If you lie about it and you have a uh a warrant, it makes it a class A. If you lie about it, it makes it a B. But it it is arrestable offense. But no, and it's not it's not if you're uh it's only an arrestable offense if you're either law if you're lawfully arrested and you lie about it. If you're lawfully detained and you lie about it or if you're a witness or if a peace officer finds that you're a credible witness and you lie about it, then makeense, >> right? That's the thing. Detain, not just arrest. And I know that because I've been doing this job. I've been a police officer 17 years. Well, going on 17 years. So that's why when you say arrest, but the thing is, man, I'm not trying to give you any grief. I want you to have a good day, man. I don't want you to have any problems. These people don't want any problems. These people have a safety concern and I understand you have rights and I'm not I'm trust me you're not going to worry you're not going to see me violate your rights at all man. >> After debating the law and identification rights the atmosphere at the scene gradually calmed down. The officer began explaining why railroad employees had quickly reported the situation. And as the conversation unexpectedly shifted to personal topics an interesting detail began to emerge about why the man was actually in the city. >> Has all your rights and stuff. You just got to understand if you're concerned with the with the homeland with the homeland security concern and stuff >> with the railroad industry which is a critical vital asset to the United States. Same thing with airports, airplanes and different things like that. You want to you going to then you know the Super Bowl coming up here. >> Oh Houston. >> Yeah. Super Bowl in Houston. Three more weeks. So you got to please understand that people will be a little bit more on the edge because you know there's always the potential for some terrorism and different things like that. That's all. >> I Yeah, I get the understand. >> So that that that's that's the whole that's the whole reason behind things. If this was a different day, it might be something different. I mean still like I said standing on this property and you probably know it better than me. Like you said as far as the light the uh the uh utilities utilities. Yeah. That's just a public easement that I'm standing on right now. That's it. And I I have I'm not disputing any of that, man. I'll get back. >> You see if that's that's the case, then I have no reason no reason to dispute that. Oh, I understand. All right. Well, I I don't want to take too much of your time. Um I just want to get back to filming so that way I can get up out of here quicker. Yeah. So, I mean, you're more than welcome to keep an eye on me, make sure I don't go on your property cuz like I said, I have no ill willing or anything like that. So, like I said, I already told you I'm just going to make sure I'm head down that way and that's it. You just don't want to identify yourself. No. >> What do you think I might do with your information? >> Uh, you might run it. And >> you don't have any warrants, do you? >> No. >> Right. Well, what would be the problem with me running it? >> The fourth amendment. I just have the the right to privacy at that point. I mean, unless I'm breaking a law, then you know, at that point, it's totally different. Uh, but other than that, you know, I just, you know, I value my Fourth Amendment. >> All right. And I do, too. And that's what law enforcement is supposed to do. I mean, that's what we're here for. But I mean, just understand, man. I'm not and I I I I understand. I get where you where you're going at with things, man. >> No arrest was made. The man filming maintained his position on his right to privacy and his right to record in public, while the officer stated [music] that he was simply performing his duty to ensure security in a sensitive area. Citizens may sue [music] police under section 1 1983 when their rights are violated. Officers who violate those rights may face financial liability and disciplinary action, including termination. Mutual understanding and respect between citizens and law enforcement are key factors in maintaining a fair and civilized society. Hey everyone, what do you think about this situation? If you enjoyed the video, don't [music] forget to like, subscribe, and support us with a donation. Thank you so much.