Show me your ID. >> What law have I broken? >> Show me your ID before I have to take you into custody. >> How is that having your ID? >> No. >> Yes, I can. >> Why? >> Cuz I'm getting ready to take you to jail. >> For what? >> For not providing me with your ID when you just committed a crime. >> An unreasonable decision to handcuff could put both the badge and the conduct of law enforcement officers under public scrutiny. >> You can't take pictures of the jail. >> in the law, sir. I'm on the public sidewalk. >> Put your camera down. Put your hands behind your back. >> When freedom of speech is met with threats of arrest, things quickly spiral out of control. A seemingly ordinary filming session quickly turned into a highly controversial incident. >> So, you can't film in this building? >> I'm not in there. >> You can't film in this part of the building. >> You think this is open to public? >> No, this is This is a a maximum security unit. It's a jail. >> But it's open to the public, right? >> But there's no filming. You have to have permission to film in here. So, you need to leave or you're going to be filming here. >> I have the law right here. >> Well, I understand that. You're not going to film in this building here. >> I'm not in there. >> Well, no, this is part of the building. So, this is our property right here. >> Is this county >> No, it's police department. It's sheriff's department property. And you're in violation, so you need to leave the building right now. Or 24 hours. >> You're telling me this is not open to the public? This is a jail. Jail or not, is it I'm asking you a question. Is it open to the public? >> Please read the sign. >> Is it open to the public? >> Through my stuff. >> Is it open to the public, sir? I'm asking you a question. What does it say? >> Security guard, right? >> What's your name? >> I don't think you can record them. >> Yes, I can. It's It's public. You don't have to mean mug me, man. What's your name and badge number? I can't read. What's your name and badge number? You're not going to give me your name and badge number? She looks like a problem with me recording in here. Belongs to the Sheriff's Department. This guy's refusing to give me his name and badge number even though he contacted me. >> My dog is sorry for you. >> Simply for standing on a public sidewalk to film outside a prison, the man quickly attracted the attention of security forces. What started as a harmless camera quickly turned into a debate about civil rights and the limits of power. Yes, sir. Yes, sir. What are you want to do here? >> Why are you taking pictures of the building, sir? >> Sir, I'm on a public sidewalk, so I'm going to take my personal pictures of the jail. >> Got some ID? >> Have I broken any laws? >> Yeah. >> What law have I broken? >> Show me your ID. >> What law have I broken? Show me your ID. >> ID before I have to take you in the car city. >> I have the law right here, sir. >> You can't take pictures of the jail. >> broken the law, sir. I'm on the public sidewalk. Here, you take a look at it. >> All right, put your camera down. Put your camera down. Put your hands behind your back. >> Hands behind your back. >> Put your camera down. Put your hands behind your back. Put your hands behind your back. All right. >> What law have I broken, sir? >> Well, we're going to find out. >> Seriously? >> Yep. I asked you for it once, you didn't give it to me. Come on in. >> I haven't broken any laws, sir. Do you understand? >> okay. >> You picked me off the public sidewalk. Do you understand what you just did? Okay. >> You're going to talk to somebody. >> Okay. Let's see who am I going to talk to. >> I don't know who it's going to be. >> Do you understand what penal code 148.g stands for? >> No. >> No? >> No. >> Okay. Do you understand the first amendment of the Constitution? >> No. >> No? Freedom of press? >> No. >> No, I got that one. I can't believe you put me in handcuffs, bro. You're going to be hearing from my [clears throat] lawyer. >> All right, stay head off this way. >> Yes, sir. Wow, man. You're breaking the law, sir. Your immunity goes down the window. Just letting you know. >> Go on. >> Officer Miskow. >> Hang on a second. >> 2170 >> Despite finding no evidence of wrongdoing, the police aggressively forced the man to show his identification and then handcuffed him like a criminal right on the public sidewalk. The man insisted he had not broken the law and claimed his constitutional rights had been violated. As the incident unfolded, unexpected developments emerged. >> I told him I have a constitutional right to take pictures. I have no weapons. I have nothing on me. So, just letting you know. >> Control notified me as I was going out that he was out there taking pictures of your security entrance. >> Okay. >> Sir, >> went out and asked my first amendment right. >> Give me ID. Um, asked him what he was doing taking pictures. He wouldn't answer. >> Okay. Can you let's get all this stuff off him. I'm just exercising my first amendment right. >> You understand why we might have some concerns. >> No, sir. I have the first amendment right to do what I'm doing. That's it. I haven't broken any laws. >> We've had people who have drove cars through that door. We have had people fire guns into this building. >> Right. >> We have reason to suspect that you may be up to no good. >> I'm standing here. That's a >> You're detained because we have a suspicion >> Okay. >> of wrong >> Okay. >> Okay. >> I'll be speaking to my lawyer about this. Because you cannot break the law, sir. You're breaking the law right now. You're not enforcing any laws. I'm here. I know the law, sir. This is not my first time doing this. Okay? I'm doing this story. >> Get all this camera equipment off him and let's handcuff him again. >> There you go. >> After the arrest, police cited >> security reasons to justify their actions, but failed to specify the man's alleged violation. Meanwhile, he asserted his constitutionally protected right to film in public, accused the police of abuse of power, and declared he would sue. What followed raised questions about the police's handling of the situation. >> You guys have a couple of tyrants working here, man. >> Pardon me? >> You guys have a couple of tyrants working here. >> Well, you can't you can't you can't photo correction facilities. >> Excuse me? >> It's against the law to take pictures from a public sidewalk? >> Of of a jail facility, yes it is. >> Oh my god. >> [laughter] >> And >> You too, sir? You too? And you're you're >> It's the law. If you want the law >> That's the law? >> I'll go get it from the state. >> How about I You know what? If you want to show up >> show up at a prison and you start calling it prison, they're probably going to do the same thing. >> Do you understand what that is, sir? >> I I'm not looking at it right now. I'm giving you the number that you wanted. >> Okay, I'll I'll wait. It's okay. >> I'm trying to be cordial as possible. >> Well. >> See, this is the problem problem with uh police officers and public officials, man. >> There you go. >> I appreciate it. Okay, so you want to take a look at that for me? >> Well, I can't see it up there. Do you want me to >> Yes, sir. Absolutely. I would like to have you get educated. That way you guys won't violate somebody else's right. >> Okay. What does this have anything to do with the jail facilities? This doesn't say anything about jail facilities. >> This is about taking pictures in public places, sir. >> Uh-huh. >> Sidewalk is not a public place? >> Uh if you're taking a picture of a jail facility >> It doesn't matter what I'm taking pictures of. >> Yes, it does. >> Sir, you're a officer of the law and you don't know the law? >> I do know the law. >> You obviously don't, sir. >> All right. Well, I'm not going to argue with you about that. >> It's not about arguing. This is the law. >> If you want to check at the law library down the street whether you can take >> I don't have to. I just showed you the penal code, and I just showed [music] you the penal code, and you're telling me that's still against the law. >> taking pictures of the jail facility also. >> It doesn't matter what facility I'm taking pictures of, what building. >> disregard the law, then you may have problems with law enforcement. >> Okay, so why was I just let go right now? They took me inside, and then lieutenant had to come and correct the situation [music] and let the officers know that they just broke the law, and he apologized to me, and he let me go. And I told them that I would be contacting my lawyer, and I'll be dealing with it. So, now again I'm coming here, and >> [music] >> I see that you again you don't know the law either. >> Okay. >> So, how are you officer? No, sir. >> Okay. >> You cannot violate my first amendment right. >> I'm not doing that. I'm just sitting here talking to you. >> But, obviously if you don't know that, if you're on the street one day, you probably would violate somebody's right because you're just telling me that it's against the law to take a picture of >> of the county jail. >> County jail, okay. Wow. That's why I do what I do. I would you know, I would like to educate people like you, but obviously it's going to take a while. You know what I mean? But, that's fine. Um I'm going to handle this. So, >> All right. Good luck to you. >> Well, thank you. You might want to >> After being released by a lieutenant, the man returned to the sheriff's office to file a complaint. However, the officer who received him appeared confused and unfamiliar with the legal regulations, causing the exchange to reach another deadlock. The police could face charges of unlawful arrest, violation of constitutional rights, abuse of power, and disciplinary action. Next, a group holding banners on a public sidewalk quickly attracted the attention and scrutiny of the police. >> Huh? >> What you got there? >> What do you mean? >> I mean, what are you doing? What you got there? >> Holding this, huh? >> Okay. All right. Can't be out here begging for money, though. >> Yeah, I can. >> No, you can't. >> Why not? >> Because there's a city ordinance against it. >> The Supreme Court's already ruled it's free speech. >> No, we don't >> Asking for money is free speech. >> You We do have an ordinance and you cannot. So >> Well, your ordinance is going If your ordinance is going against the Constitution. >> it's not. It's not. >> I can ask people for money. >> your business out here. >> I can ask people for money. You guys do it all the time. >> You need a license. >> No, you don't. >> Yes, you do. >> No, you don't. It's free speech. Can I have some money, officer? >> to keep doing it? >> Can I have some money? >> No. >> Can I have a dollar? >> Can I have your ID? >> No. >> Yes, I can. >> Why? >> Cuz I'm getting ready to take you to jail. >> For what? >> For not complying with your ID when you just committed a crime. >> You said you'd cite me for it. >> I will cite you for it, but I got to take you down there. >> Oh, I thought you had a book I thought you had a book. >> You mean ID? >> Oh, I don't have my ID on me. >> Okay. What's your name? >> Yeah, sure. And what's your name and badge? >> Officer Red, my DSN is 406. >> All right. Thank you. >> You're on the sidewalk. You're doing okay. >> free speech. >> I can't do anything about that, okay? >> Yeah. >> But you can't You need a um permit from the city. >> Think about what you're saying. >> You need a permit from the city. >> For saying >> A man holding a banner on the public sidewalk in front of City Hall was approached by police who demanded to see his ID and threatened to arrest him without reason, suspecting him of violating a ban on begging. This unexpectedly escalated the situation in a way no one could have predicted. >> God bless the homeless. >> It's already been upheld. >> For saying God bless the homeless. >> You just said you're asking for money. >> To you. I just asked you for money. >> No, you said you were asking for money. >> No, I never said I did ask for money. >> this or do you want to just >> I know what I'm doing out here. I have a right to stand out here and say God bless the homeless. I asked you for money challenging your uh >> cuz I asked you if you That's what you were doing. You said yes. >> How am I asking people for money when they're driving by? >> If you want to keep playing this game, we'll keep playing. >> There's nothing about a game I'm playing right now. I'm out here engaging constitutionally protected activity, saying God bless the homeless. You said some speech thing or some ordinance, city ordinance, about asking for money. The Supreme Court They've already They've already held up >> We've already had We've already had one go to the Supreme Court as well, and it was upheld. So >> the guy What did the guy say? Was he asking people for money? Was the guy asking people for money? >> homeless. I told you that's not an issue. You're standing here on the sidewalk. >> Yeah, but even if I were to ask people for money, that's not illegal. >> Yes, it is. It's against our city ordinance. >> Your city ordinance is already been upheld. >> It's unconstitutional. >> I'm not going to I just said it's already been upheld. >> By what? >> Court has already >> By a guy standing on a sidewalk. And I I highly doubt that. >> I don't care what you highly doubt. I already know I can write it, and it's going to be upheld. Now, if you're asking for money, you're begging out here, I will get your ID, and I will do what I need to do. If you're just standing there with your sign, great. >> I might be saying God bless the homeless. I might be asking people for money. You never know. I'm not going to admit to it. Do you have any proof that I was asking people for money? >> Other than you saying it a while ago. >> I asked you for money. >> No, when I walked up here, I asked you, and you said yeah, I'm asking you. >> No, you didn't say that. I didn't say that. >> No, you got it on camera. >> Oh, I'll listen to it, but I definitely didn't say I've been asking people for money. >> Listen, man, I'm not trying to give you a hard time. I know what your amendment I know what your rights are, okay? >> Do you? >> And that's good. I want you to to do what's right. >> Yeah, yeah. I still have the right to ask people for money. >> No, you don't. >> Then why Why do police officers and firefighters stand at the at the side of the street holding out a boot for people donation. >> Get a That makes no sense. That makes no sense. No sense. No, we have a right to stand out here and ask people any questions we want. >> You cannot beg people for money on on the corner in this city, okay? We do have an ordinance against it. >> Um just like >> The police repeatedly argued that the man was soliciting money even though he was only holding a sign that read God bless the homeless, which did not imply a request for money. The man also insisted that holding signs or soliciting money on public sidewalks are forms of expression protected by the US Constitution while the police continued to cite city regulations in their argument. >> I can I can ask any question I want. If I want to ask you for a dollar, I can ask you for a dollar. >> Well, so >> Freedom of speech. >> Well, you had the freedom of speech so kind of what you do with the sign. But so under the lower city ordinance that >> Yeah, city ordinance city ordinance is nothing, man. We take this higher than that. >> Well, but >> Cuz your guys' city ordinance is is unconstitutional. >> Well, unfortunately, the state of Missouri allows cities to enforce ordinances. >> Mhm. >> And so like the lows, they have a city ordinance for soliciting. If you're Now, here you're on public property. >> Yeah. >> So, that's one thing. But when you're soliciting on private property is >> Well, I'm not on private property. Yeah, yeah, that's that's a whole different ball game. Yeah, that's a whole different ball game. As long as I'm on a public public sidewalk, public building, I could I could be in there inside of city hall if I wanted to. >> Well, within your rights. >> Yeah, I just your city ordinance is unconstitutional because >> Well, and that's perfectly fine. You have that right. >> Yeah, it's not it's not illegal to ask people for help. No, I don't really get into that, but no, I don't I don't I don't live here, no. >> What I was saying was if that was something you know, it's always something you're more than welcome to >> No, I travel and I I exercise my rights and people have a problems I I flip it over and and say that right there. >> Hey, again, all within your rights. >> Yeah, yeah. >> And that's cool. >> Yeah, you guys shouldn't have that city ordinance. It It is is saying people if they want to ask people for money it it I mean it's illegal. It's not illegal. >> Well, again I it's when commonly whenever they're on private property. You know. >> Yeah, yeah. I could understand. I mean somebody could kick me off of private property if they would didn't want me there, but as long as I'm on a you know public sidewalk where I could be hold up a sign. I could protest here if I wanted, you know. As long as I as I do that I should be fine. >> I guess that >> What is your guys's say? Say he arrested me, took me to jail for I guess your solicitation. What would be would I be booked? Would I be cited and released? How would that work? >> Anything that's city related is a is a citation. >> Okay. So basically you would just take me in there, do my identification, fingerprint, and then release? Okay. >> I would be surprised if the other officer went that far with it. >> Yeah. I mean I did it right in front of him to challenge his thing, but I mean I obviously wasn't doing it to people. >> You know try to >> It kind of >> trying to find the lowest level of you know interaction. You know >> Can we resolve this in some >> I just wish uh little town Yeah. Yeah. I'm I'm I'm obviously not saying that the people >> What good does it do us to >> have me sit there and >> [laughter] >> go through all that process, issue a citation for you to either potentially not come back >> Yeah. >> hire an attorney >> Yeah. Oh, I I already have. Yeah, I already have them. >> It's it's >> We We are prepared. We're usually prepared before we come out here and do these things. So yeah. I think it would be bad on your town. >> Is it worth the the battle over something so you know I don't >> So simple. >> I don't There are you know, and don't get me wrong. There are places that they will. I mean, by all means. There are There are cities and and >> Realizing that the initial handling of the situation was inappropriate, the other officer then proactively tried to de-escalate the situation. This development sparked much discussion about the behavior of the original officer, while also demonstrating that the man did not back down and resolutely defended his position to the end. >> See if, you know, we can get that changed or >> That's why earlier I asked if you were local because I >> Oh, okay. >> You know, that was kind of my >> Yeah, no, I don't live here. >> You're more than welcome to come to city meetings, you know. >> days do they have those? >> What is it this >> First uh First Tuesday I think every >> Tuesday? >> Okay. Okay. Okay. >> But here, uh this is what I This This isn't that one. Okay. This is the one they already have pre-printed for me. Okay. >> Oh, about the case? >> Uh about offenses concerning public peace. >> Yeah, yeah. >> It has not It It's irrelevant. >> Yeah. >> Um but I was going to say >> Where they got this If If Is it for me? >> No. >> Oh, okay. >> I'd say it's irrelevant. >> Oh, okay. >> You can You can have it if you want it cuz it's irrelevant. >> Okay. >> Um but where they got this is on Eco 360. So, most of the time, any city around will have their ordinances listed on Eco 360. >> Okay. >> So, if you look up Eco 360 What's that thing in Bismarck, Missouri? Cuz there's all city >> normal citizens can't get into it. >> Okay. >> I don't know why, but um most every other city around, you can look up their city ordinances on Eco 360. >> Okay. >> So, you can already see, you know, what's going on. >> Yeah. >> Um so then, that way if you have any issues, when you look it up, hey, this ain't legal, this ain't legal, you know, this >> And bring it to >> Yeah, bring it to >> Okay. >> Cool, yeah. Yeah, cuz I feel like lamenting somebody asking for money. People need help, though. >> [laughter] >> Okay. >> Yeah. >> All right. Um again, you know, to stay on sidewalk so somebody doesn't have any issues with you being on private or even, you know, I mean, this is public. >> Yeah, this is all public, yeah. I didn't go in and they're doing their blood thing. I was like, yeah, just let them do their thing, man. >> The rest of it everywhere else, you know. These citizens will call if you're on the >> I know. Yeah, I saw this lady recording me. I don't know what she was recording for, but I was just waving at people. So >> And and a lot of a lot of people out here >> Really? You guys have like a page or something? Yeah, it's all right. I'm not scared about that. Yeah. Yeah, I know. >> A lot of people are out here are ignorant that are don't know about, you know, certain >> It's all about being scared. They see somebody that's not normal they don't see every day. They always, you know >> that, but um they like to think that, oh, you know, like we got a big audience right over there. >> Okay. >> Yeah, they like to oh, know what's going on. >> Yeah. >> You know, I see some guy over there doing something. >> are nosy. Yeah, that's what it is. Yeah. Nothing wrong with that. >> Ultimately, the police found no evidence of a crime, instead explaining the regulations and advising the man to petition for changes before quickly leaving. When rights are violated, citizens can [music] sue under 42 USC Section 1983 and the offending police officer may face compensation, disciplinary action, or dismissal. [music] Although the case is closed, questions about the application of authority and the protection of citizens' rights remain. Power is only meaningful when exercised lawfully [music] and citizens' rights must always be respected. Hey everyone, what do you think about [music] this situation? 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