[Music] In this case, a citizen filmmaker encounters law enforcement officers from the Harris County Sheriff's Department while recording footage near a firing range. This incident raises questions about constitutional rights, the boundaries of lawful filming, and police interactions. of what? >> Anything I can see from a public rideway, >> but make sure you don't point that away. And you need to be conservative what you're doing over here cuz sometimes we have off duty lease officers coming up here since our range. >> You're deputy cook. >> No, I'm a sergeant sergeant cook. >> There you go. >> Okay. Um well, I mean, I'm just going to stand here and take pictures. That's funny. He's taking my picture wrong >> with that. >> Nothing wrong with that. >> Okay. >> Nothing wrong with it. I'll just say it's funny. >> That's you know, I'm good with you taking my picture, too. And you know, not saying you can't do it. I'm telling you make sure you're careful of the police officers coming in and out, but you can hurt their compromise their undercover status. And don't take any pictures towards the state jail. They will come unglued on you. Okay. Because >> well, I've already been down there and took pictures. They didn't seem to mind. >> Well, they probably didn't see you at first. >> No, they came out and talked to me. >> Okay. But make sure. Okay. What is the purpose of what you're doing anyway? You got some ID on you, sir? >> Of course. >> I need to see it, please. Uh, >> the videographer records in a 20MP PH zone near the Harris County Sheriff's Department, encounters a sergeant and is questioned about taking photos. >> Have I done something wrong? >> Yes, sir. You're on the side of the road near a penal institution and near Harris County Fire Range. I want to identify you to make sure. >> But this is public rideway is a public street, isn't it? >> Sir, please don't play this game. I >> I'm not. I'm asking you. Is this a public street? >> No, this is not. This is actually the county rideway right here. The street's here. >> Correct. County rideway is my rideway. I'm a taxpayer citizen. This is my my area. >> Sir, in order to take your pictures properly, okay, you need to be a little bit further back so that way some of these big trucks come down come down here. Are you refusing to identify yourself to me as in the state of Texas as a peace officer, I'm requesting your identification? I don't need a lawful life. All I have to do is have reasonable suspicion. Okay. Reasonable suspicion is just mere presence alone. >> Okay. So So you're saying under 3802 that I have to identify myself? >> Sir, let me finish my sentence, please. I didn't interrupt you when you were speaking. >> I'll be quiet and listen. >> Okay. Thank you. So, what I'm asking you, are you refusing to identify yourself under the reasonable suspicion that I can't ask you for your identification? >> A police sergeant arrives and engages in a conversation about the legality of taking pictures. >> It sounds like you're suspecting me of a crime. So, at this point, I'm going to say that I want to remain silent, exercise my fifth amendment right to remain silent. It's my sixth amendment right to have an attorney preser all questioning. >> No, sir. That's only during an a crime that's been committed. Reasonable suspicion means I can identify you. If you want to try and quote the law, you might want to double check your law again. Because a police officer does not have to suspect you of your a crime. He just has to have reasonable suspicion of that crime. Maybe a foot or could be a foot. So me as a police officer, I have the right to identify you at any time, sir. At any time to make sure. >> Respectfully, I'm going to disagree with you. >> Okay. Well, then I need you to turn around. >> Do you have any weapons on you, sir? >> I am not armed. >> You don't have any weapons on you? I do not have any weapons on me. I am not armed. >> Okay. So, why are you refusing to identify yourself? >> I haven't done anything wrong. I haven't committed any crime. I'm on a public street. I'm taking photographs. >> You're on the side of the road, sir. You're not on the street. >> I am on the public right away. >> Okay. >> The sergeant insists the man identify himself due to reasonable suspicion. >> Taking photographs of public property. All I did was take a picture of you flying down the highway here. By the way, it's a 20 mph zone. >> And I took some pictures of the >> You have a radar, sir? Is that what you have? Actually, I do. >> Okay, let me see. I >> I don't have it on. Okay. >> But I can go get it and stand out here and run radar all day long. >> Let's do >> I'm going to ask you to move away from the entrance of this establishment. So, either go that way 100 ft or go that way about 200 ft. Okay. Hello. Hello. >> I'm I'm exercising my right hand side. >> Okay. So, go ahead and go this way. >> Can I put my hands down? >> Yeah. I I never told you to put your hands up. Turn around. Put my hands up. >> I did not. I told you to turn around. That's all I said. review your video. I >> I'll do it later. >> Okay, go ahead. >> So, what do you want me to do? >> I want you to go that way a little bit further. I want you away from the range because there's a safety concern standing out. There's a possibility there might be a round people a little more protected when they're in their cars, but just in case a round is, you know, ricocheted because we have people firing out there. Guns, rifles, pistols. >> The man refuses to provide ID, invoking his constitutional rights and discusses the legal definition of reasonable suspicion with the sergeant. >> Hi, I suspect you've gotten a phone call about me. Well, they said someone was filming down there. I'm Captain Schmidt. I'm the academy director. >> That's good to meet you. I'm on the public right away. I'm exercising my First Amendment right twofold. Number one, to protest the overzealous actions of the government. >> Okay. >> And number two, I'm a journalist. I'm gathering content for a story. Do you know who I am? >> No, I have no idea. I'm I'm sorry. What is your name? >> I didn't give it. I believe that was Sergeant Cook. And then the other guy, I forget his name. I've got him. But uh basically, he told me I had to leave or else. That is unacceptable behavior. >> Where where were you, sir? >> Down by the firing range. Obviously, you guys are hostile towards journalists and I understand, you know, given Ron Hickman's uh recent uh celebrity status, I understand why that is. >> You said you weren't on the range. Were you in the parking lot or out? Out on >> Well, you you call Sergeant Cook and the other gentlemen in the white pickup truck. Uh I am on foot. Okay. So, they made me walk all the way up here just to ask you permission to do what I can lawfully do. >> Later, the filmmaker meets Captain Schmidt, the academy director, who approaches him after receiving a call about the filming. The filmmaker explains that his purpose is to gather journalistic content and protest what he perceives as government overreach. >> That would just make it easier for me to identify who I'm talking to. >> Well, I forgot about that. >> Uh, now you know who I am. >> No, no, no. Sorry that you know who I am, but that's okay. Ignatio, which is the road that runs around there. >> Mhm. >> Actually, not a public roadway. It's a state jail access road. >> Good argument, except for one thing. I looked at the county maps uh up there where the little hump in the road is. >> Uhhuh. >> That maintenance runs. This is county maintained all the way to that point. It is public roadway. >> Hence, you have a public park that butts up to it. We've been advised that we can't run any kind of traffic initiative or anything on that side road. That's all I can tell you. And Deputy Brocket just Ignasio is not a public access road. >> So that that's what we've been told. It is not a public access road. It's access for the state jail. >> He further asserts that his actions are protected under the constitution and that he has no ill intent. The captain listens but reiterates that the road near the firing range is not a public access road. despite the filmmaker's insistence to the contrary based on his research into county maps. >> Now, if you go in the park, obviously you can film everything that you want. >> Well, again, I've already done my research. I did it before long before I came out here. >> Okay. And uh that is public right away up until you get to the county maintains the road. As long as the county maintains the road, it's public access. The state maintains it after that little hump down there by their by their state jail. Now, I'm going to do you a favor, >> okay? >> As a courtesy, because you've been nice to me. Okay. I'm gonna give you one of our business cards. >> Okay. >> Okay. That's who I am. >> Oh, you got you wear cheaters. You're old like me. Oh, I hate it. >> Yeah. >> Here's one of my business cards. >> Two. >> Okay. >> There you go. >> Um, I would recommend maybe calling the PIO one. Tell you who I am. >> Okay. And I can tell you that you're not going to like me being here. Well, >> the interaction raises key questions about Texas law, particularly Texas Penal Code 382 failure to identify in 3815 interference with public duties. Under 382, a person is required to provide identification only if they are lawfully arrested. And since the filmmaker was not involved in any criminal activity, the officer's demand for ID was legally questionable. Texas Penal Code 3815, which addresses interference with public duties, could potentially apply if the officers argued that filming near a sensitive area like a firing range hindered police operations. However, this seems more like an attempt to discourage public accountability rather than a legitimate security concern. The penalties for these offenses differ. Failing to identify under 3802 could result in a class C misdemeanor, usually punishable by fines, while interference under 3,815 is a class B misdemeanor, carrying a penalty of up to 180 days in jail and/or a fine of up to $2,000. This case is a powerful reminder of the importance of knowing your legal rights. Up next, a shocking incident will reveal surprising errors made by the police. In September 2024, a peaceful demonstration at Little Rock City Hall turned confrontational when a man protesting for homeless veterans was arrested after refusing to leave the property despite repeated requests from security and law enforcement. >> Yep. I'm going to go ahead and do it right here till I'm till I'm done and I'll be on my way. >> You're going to do it right here. >> I disagree with you. Why can't I do it? Can you tell me why I can't do it right here? >> Why would you call the police on somebody saying God bless our homeless veterans? Sir. Sir, why would you do that? Can't you just leave me alone? Why are you guys calling the cops on a man standing on steps of city hall saying, "God bless all his veterans?" Why is that? Why would you do something like that? Why can't you just Can't you just leave me alone? >> I can stand over there, but I can't stand at the steps city hall and do this. I mean, that doesn't make a lot of sense. Either I can do it or I can't. >> What's going on, man? >> Not so much. How you doing, sir? >> How you doing? >> The man who stood outside city hall holding a sign reading, "God bless our homeless veterans invoked his constitutional rights to free speech, religion, and assembly. All traditionally protected under the First Amendment. to contact the city attorney, contact the mayor, contact the DA, contact your supervisor, and let them know before you trespass me off the >> Well, listen to me. Let's step over here that way. Somebody >> I'd rather stand right here. >> Listen to me. >> Yes. >> Um I get you're you got God bless on there. You're a veteran. Is that right? Okay. >> But are you homeless? >> I I don't answer questions. >> Well, regardless of whether I'm homeless, I still have the right to free speech. >> No, I got you. I'm not I'm not I'm not being biased against you being religious. >> I'm hard to hear. >> You're good. >> Yeah, >> I get that. What's your last name? >> I'd rather not give my last name. >> All right. Well, listen. >> I don't want to either because I'm engaged in free speech and that was >> But but now I'm here, though. >> Yeah. I'm not giving my ID. >> And I'm It's not that serious. All right. >> It's not I'm engaged in free speech. >> I got you. And I'm doing my job. >> Before you put me in post, so I'm engaging activity. >> Are you going to give me your last name and date? >> What? What would happen if I don't? >> Obstruction. The Little Rock Police Department responded after receiving a call from security. Officer Jackson arrived at the scene and engaged in a calm discussion with the man, explaining that city hall officials wanted him removed from the property. >> Well, I'm going to tell you right now because you're on a government property, you would be able to solicit. You'd have to go over somewhere on a sidewalk. >> Officer Morris. >> Officer Morris. >> Morris. Yes. >> Okay. My name is Jeff R. >> Like I explained to the other officer, what's his name? >> Uh, that's Jackson. >> Jackson. Officer Jackson. Officer Morris. I'm engaged in constitution protected activity on a traditional public form and if you guys trespass me or make me leave, you'll be held liable and you wouldn't >> Well, so I don't know if you're begging for money. >> Even if I was homeless and I was >> You still can't free speech public. >> No, no, no. Soliciting is different when you're out here begging for money. Yes, it is. >> Are you disagreeing with the courts about that? I'm not trying >> what I'm telling here. Your goal is listen what I'm saying. You cannot be on government property. This is state government. You can go to a sidewalk because a judge granted you can stand on a sidewalk and beg because that is public property. >> I disagree with you and you're incorrect and your sovereign immunity won't won't protect you from this. >> Your qualified immunity won't protect you from >> Did you Have you seen me block the entrance? >> I am standing right here in front of this sign that's already blocking. >> The situation reached a boiling point when officers claimed Jeff was loitering and soliciting money. Even though his sign did not explicitly ask for donations, despite Jeff's insistence that he was not begging, officers continued to frame his protest as a disruption. >> Wow, you're you're really disgusting. You're a shameful you're a shameful, disgusting person. You ego enforcement officer. You You silly little ego enforcement officer. You big dummy. You big dummy. You dumb dumb. You're probably his supervisor, aren't you? He's He's got more uh integrity than you do in his little finger. You're a disgusting disgrace. You dumb dumb. You dummy. Shut up, dummy. >> Yes, sir. >> I have to ask you to leave. >> Okay. Am I being trespassed? Am I being trespassed? >> They'll determine that. I'm asking you to leave. >> You're asking me to leave? If I don't leave, what'll happen? >> Officer Jackson, what? >> I'm asking you to leave. >> He's asking me to leave. I'm being trespassed. >> You're not being banned from the property. It'll be due to your what you're doing. Dude, what I'm doing freed speech. Okay. And if I don't leave the property, what's going to happen? >> After several warnings, the officers decided to trespass Jeff from the property. When asked to move to the sidewalk, Jeff initially refused, arguing that city hall was a public space where he had a right to protest. He eventually complied when officers detained him, warning him that failure to cooperate would result in legal consequences. >> Yes, sir. All right. >> Um, you do understand that you are not allowed back on the property. That's That's what they're wanting though. >> That's what they want. Okay. >> All right. Well, I do have to get your information >> for trespass. That's a ci that's a that's a civil thing, man. >> No, I've left the property. The crime only occurs if I refuse to leave or if I if I come back. >> I'm not committed. >> Listen to me. Listen to me. You didn't commit a crime, but listen. You just said what I was about to say. If you come back, right? You just admitted that. How is an officer or the establishment going to be able to know who you are information? The only way you can get IT is if there's a crime committee that you suspect me of being that that's fault. I'm now conducting an investigation. >> I'm going to go ahead and go on my way with us. I'm being detained. >> Yes, you are being detained. Okay. I'm done playing with you. Okay. >> This case underscores the critical need to protect civil rights and ensure transparency in law enforcement. >> You didn't signal your lane change. We're going uh about 15 to 18 m an hour in a 45 mph zone. I said, "How much have you had to drink tonight?" You don't want to answer that question. So, I have to advise you of what's called Colorado Express consent. Okay. All right. We can go back out and sit on the bench. It'll take this just a couple minutes to >> imagine being pulled over by the police, confident in your innocence, only to find yourself caught in a web of accusations and legal threats that could unravel your entire life. How does a routine traffic stop escalate into a battle for justice? This story will leave you questioning the very systems meant to protect us. The story follows Harris Elias, a construction contractor and pilot who was driving through Fort Collins, Colorado on January 4th, 2020. Unfamiliar with the area, he slowed down to read road signs. Noticing a police car closely following him, he changed lanes to avoid obstructing it. >> Hi, how you doing? >> Good. Hey, Officer Gates. Uh, the reason I stopped you, uh, you didn't signal in your lane change and we're going, uh, about 15 to 18 miles an hour in a 45 mph zone. No, you moved from the center lane over to the left lane and you failed to signal your lane change. All right. Do you have a driver's license and insurance with you? >> Yeah, that's cool. How much have you had to drink tonight? What's that? I said, how much have you had to drink tonight? You don't want to answer that question? >> Okay. Well, I smell the overwhelming odor of alcohol coming from your vehicle. You're doing uh 22 mph under the speed limit, and you failed to signal a lane change. So, on a scale of zero being completely sober and 10 being the most intoxicated you've ever been, what do you feel like? >> Okay. All right. Just hang tight for me, man. I'll be right back with you. 224 code one. >> Officer William Gates of the Loveland Police Department stopped Elias, claiming he didn't signal when changing lanes and was driving too slowly. Despite Elias being completely sober, Gates suspected him of DUI due to a strong smell of alcohol he believed was coming from the car. >> Miles an hour and uh he's uh to signal a lane change from the from the center lane to the left lane. Asked him reeks like booze. Asked him how much he's had to drink. I don't want to answer that question. And I said on a scale of 0 to 10, what do you feel like? And he goes, that's irrelevant. I don't know how this is going to go. [Applause] Hey sir, I'm going to have you step out of the car for me. Okay. >> All right. You can just leave your phone in the car. Okay. >> Okay. Come on back here for me. All right, man. So, uh, the reason that I asked you out of the car is obviously I could smell an overwhelming odor odor of alcohol. Don't fall over there. Uh, coming from your vehicle. Your eyes are bloodshot, watery, glassy. Uh, so how much have you had to drink? >> Despite the lack of clear evidence, officer Gates requested that Elias take a breathalyzer test. The result showed 0.0000, proving that Elias had not consumed any alcohol. Nevertheless, Gates insisted that Elias undergo additional tests and continue to impose charges without any basis. Place your hands behind your back. Interlace your fingers with your palms together. Which you're under arrest for that charge right now. You've already expressly consented to a chemical test of your blood or your breath. Which test would you like to take? >> Um, I don't know. >> By the act of driving in the state of Colorado, when arrested for driving under the influence, which you're under arrest for that charge right now, you've already expressly given your consent to a chemical test of your blood or your breath. Yeah. So, when you signed for your driver's license, you already expressly consented to a chemical test of your blood or your breath if you're arrested for driving under the Yes, that's what I'm supposed to advise you of when you're under arrest for driving under the influence. It's called Colorado Express. Okay, go ahead and stand there. All right. So, go ahead and take a deep breath and hold it for 3 seconds. I'll hang on to the tube. All right. Go ahead and blow as hard as you can and as long as you can. All right. Got another one. >> Officer Gates rejected the breathalyzer result and demanded a blood test, warning Elias that his license would be revoked under the Colorado Express consent law if he refused. Feeling pressured and concerned about losing his driving privileges, Elias reluctantly agreed. >> Obviously, your breath test came back uh not consistent with your uh driving actions and your mannerisms. Uh so, would you be willing to take a blood test? Right. So, so like I told you, so your your mannerisms as you exited the vehicle, your eyes, things like that, your driving actions, they're not consistent. I I understand that you blew triple0. So, that leads me to believe that there's something else going on. Okay. So, um being that I I again had reasonable suspicion to arrest you for driving under the influence, you've provided a breath test that's triple zeros. Um, it doesn't, like I said, it doesn't make sense with your driving, uh, and your maps. So, um, I advised you of Colorado Express consent again. Um, and now again, I'll ask you if you take a chemical test. >> Right. >> At the police station, Elias's blood test came back negative for all substances. Despite this, he faced several negative consequences, including an FAA investigation into his pilot's license, career setbacks, higher insurance premiums, personal embarrassment, and damage to his reputation. >> So, I'm not going to sign anything else without >> Okay. Well, if you don't sign it, it's a refusal. >> How is this a refusal? This is a medical test. >> That's exactly what it is. But in order for the phabotamist to draw your blood, that consent form needs to be signed, and she can't draw your blood without that consent. >> This is a Colorado Bureau of Investigations form. You told me that there was an express consent form before. It's very confusing. >> There's nothing confusing. >> I'm under stress. >> My freedom is at stake, sir. And you're on the line. >> Okay. Then go ahead. Put your hands on the handcuffs. Refusal. >> I never refuse, sir. I simply asked to read the form. >> Okay. And and again, I've explained the form to you a number of times. Okay. So, refusal to submit to a chemical test can result in the administrative sanctions against your driving privilege. So, do I have an opportunity to sign the form or not? Do I have an opportunity to read the form? >> Here's the deal. I'm not going to Okay. >> I'm not playing a game, sir. This is my freedom that you're talking about. >> Lower your voice. >> Yes, sir. The actions of officer William Gates and the Loveland Police Department during the arrest of Harris Elias represent significant violations of both the Fourth Amendment of the US Constitution and the Colorado Constitution which protects citizens from unreasonable searches and seizures by requiring probable cause for arrests, particularly in DY cases. Under Colorado Revised Statute CRS section 4241301, officers must have a reasonable basis to believe a crime has been committed before making an arrest. a standard that officer Gates failed to meet when he arrested Elias after a breathalyzer test showed a back of 0.0000 relying instead on unreasonable suspicion which is insufficient under both federal and state law. Additionally, Officer Gates's misuse of body camera footage, including muting the camera during critical moments, violated department policy in CRS, SS2472703, which mandates proper documentation of public interactions by law enforcement. These violations can result in the suppression of evidence, potential civil liability, and disciplinary action against the officers involved. Understanding these legal protections is crucial to preventing abuse of power and ensuring that individuals are not wrongfully detained or prosecuted. Failure to adhere to these standards not only jeopardizes individual rights, but also undermines public trust in the legal system and the integrity of law enforcement agencies. >> Negative. Thank you. >> I'll put it in your property. You can Yeah, just let him make make that phone call so we can get you fingerprinted before we release you. >> Fingerprint battery, sir. >> Okay. Do you have any phone numbers? >> Maybe on my mic. Yeah, I think I can make at least one. >> Okay. Is that a 970 number? >> Yeah, go ahead. >> Yeah, I've got one that I can >> Okay. Are you actually go to that phone on the wall there and just dial nine with the seven digits? No. 970. The city of Lovelin agreed to settle the lawsuit for $400,000, which is considered the largest unsecured cash settlement ever made in Colorado for a civil rights case involving DUI without any physical injury or jail time. AIDS and former police chief Bob Tyer are no longer employed by the Loveland Police Department, indicating a significant shift towards accountability. I know. She was like, "There's another one." I was like, "And there's another one coming." >> What's that? >> Poor Patty. I love her. >> Guarantee she won't have to go through any remedial training on she gets enough sticks, right? >> Oh, did that other girl have to? >> Did somebody have to do it? >> No. My buddy when he had this license, >> he didn't get enough sticks one year, so he had to go through like training to get the rest of his >> That Hispanic girl over there, man. Yeah, we got Yay Lynn. >> Yay. Yes, her. >> Yay. Perro. >> She's super sweet. But >> yeah, do you have a phone I can use to make a long distance? >> Uh, yeah, for sure. >> This case highlights the risks of unchecked police authority and the importance of knowing your rights to prevent wrongful arrests and protect public trust in the justice system. Stay vigilant and demand accountability from law enforcement. Hey everyone, what are your thoughts on this situation? Drop your comments below and make sure to subscribe for more engaging and informative content coming your way. Thanks for all your support. [Music]