One more opportunity to leave some other refuse. >> But I mean, I don't want to leave in handcuffs, but at the end of the day, I'm engaged in a statutory protected activity. >> Dan Rosa, where police officers shake their hands in front of a camera, and this is where things get out of control. >> He was filming the back lot. Now he's filming in here, and he's just not talking. Um, typically you should be able to just come into a police department, grab a complaint for him, and leave. >> This guy's dumb. He's dumb. >> Yeah, he's >> This section will make you ask yourself, who is really breaking the rules? >> Why don't you just leave? >> These are my cars. Why don't you stop your little kid attitude? >> They're public vehicles, right? >> They are, but they're not for use by the public. As soon as he raised his camera, he could not have expected that six officers would appear just to confront a citizen who was standing silently. So, what caused the police to panic so much? >> You asked who we were, which is why we're asking, >> right? And now you're in your official capacity cuz you said I'm the police. >> I don't even want to talk to him. I'm just going to stand here and babysit him so he don't of our cars >> by yourself. >> Okay. You going to file a complaint? >> This is private property. The phrase is repeated over and over again. But is it true? When the cameraman exposes their legal lapses, the confrontation begins to escalate unexpectedly. >> Thank you so much. Have a great day. >> All right. You too. So, we really don't know what the what the day at all. >> And again, what can you say? >> Do you need help with anything, sir? >> No. >> Excuse me? >> Do you need help with anything? Do you have any business here? >> Yeah. It's going to be hard for me to find out. Was it years ago or just >> Do you have any business here, sir, that we can help you with? >> You want to get one marked unit? >> One more? >> Yeah, just one marked. Sir, is there anything that we can help you with here? Otherwise, I'm going to have to ask you to leave. Do you need a police report? Do you need anything from the police department today? I saw you film in the back lot as well. Do you have any concerns that I can address for you today? for what? Oh, a month. So, let's see. >> What's your name, sir? >> He was filming the back lot. Now he's filming in here and he's just not talking. So, >> yeah, we've dealt with him already. Audience. >> Okay. >> But anyway, if we had something else. >> Yep. Good morning. I'm good. >> Actually, I need Would you ever think a police department would hide complaint forms? And the reaction of the staff when asked directly will surprise you. >> So, it looks like they don't have complaint forms out here in the lobby um like they should. Um typically, you should be able to just come into a police department, grab a complaint form, and leave. is >> tend to like to lock them up and uh hoard them so you can't get them or so you have to explain yourself just to get them as far as like why you want them which is foul. It's not that's an officer right there. uh foyer request, freedom of information act or public records request. Um so I can get information from your guys's department, public information. So it's basically California's version of the Freedom of Information Act. I'm going to ask for all kinds of things. There's not not one specific thing. Do you not have just one form for it? Do you have several? Is that why you're asking or >> Well, yeah, we have to Well, what you could do is you could fill this out if you have specific dates and I'll highlight what you want to fill out and then you can bring it back. We charge for that information. It's not free depending on what it is. >> If if you have to print copies, I believe you could charge for it. But if it's uh I have a flash drive, I think it's supposed to be free, but so I'm going to get body cam information from um your officers and salaries and um so on and so forth. >> I'll give you several of them and you can fill them out. >> That'll work. >> And then this is the form for >> for the complaints, >> civilian complaints and procedures. >> Perfect. not only surrounded, not only threatened, but also insulted citizens right in front of the camera. But instead of being afraid, he chose to respond, making everyone fall silent. >> Who the hell are you guys? Why are you even telling me anything? >> The police. >> You're the police? >> You're videotaping bunch of cars and they're asking you and pulling you locked. >> Oh, cool. >> Okay. Why don't you guys go get to work, get your uniforms on, and somebody might listen to you. But till then, I don't know that you're the police. Show me three forms of identification. You know you have to, right? >> Why'd you make up the number three? >> Cuz it is three. >> Says who? >> What's your name, sir? >> What's your name? >> Josh. >> Josh what? >> Madaras. >> What's your badge number? >> You're an officer to me. What's your badge number? >> 434. >> Cool. >> So, may I ask why you're in our >> What's your name? >> What is your name? >> Why do you care? >> Talking to me as the police, right? >> No, I'm not. or ask me why you're in. >> You just said we're the police, >> right? And now you're in your official capacity cuz you said I'm the police. So what's your name? Isn't it your policy to identify yourself when the public ass? >> I'm not working right now. >> You're not working? >> No, I'm not. >> Well, then go away. >> You're saying that you're not allowed in this parking lot? >> What's your name and badge number? >> O'Neal 439. >> Or O'Neal 439 at least. Yeah. >> You must be new, huh? Train this guy, man. This guy's dumb. He's dumb. >> Yeah, he's dumb. He doesn't know how to identify himself. Rona, how's it going? >> Yeah, I'm your boss. >> I don't know that. >> Yeah, you do. >> How do you not know that? >> Cuz I have no clue who you are. >> I'm the public. >> You've asked. We've answered your question. >> This is the face of us. Stumped individual. He's like, man, this is out of my league. >> The video ends with a chilling warning. Without the cameras, it would have gone much further. Is this a culture of impunity rotting from within? I'm on my way out of here. But if we're just going to hang out, I'll hang out. >> I'm just going to stand here and babysit them so he don't of our cars. >> Oh, I'm not going to mess with cars. >> Then why don't you just leave? >> These are my cars. Why don't you stop your little kid attitude? These are my cars. >> These are personal cars that belong to us. >> Well, I mean, these are my cars. >> No, >> they're public vehicles, right? >> They are, but they're not for use by the public. >> No, I never said they were for use, and I didn't want to use them. >> What is it that we can do for you to help? >> Just came and I'm going to hang out. >> Well, because these are our cars. They're not. They're public cars. I mean, some of the cars are public cars. So, if you guys want, you can leave now and you're dismissed and then I'll leave and uh we can all go about our day. Either that or I'll toss this hang out with you guys for a while and toss this video up on the uh internet and see how many views I can get. What's your name and badge number? >> Alfred 413. >> Alfred 413. Cool. Thanks. Hey, what's your name and badge number? Name badge number. It's >> right here. >> Right here. Is that H E R E or H E A R? >> It's right here for this guy. >> So, no. Not going to identify. >> I'm just trying to get you to follow your policy, babe. That's all. >> I just identified myself. >> No, you didn't. You pointed. >> 281. >> You pointed. What's your name? >> 281. >> As an officer, before you didn't identify yourself, you pointed. >> Okay. You going to file a complaint? >> No, not on that. I'm just trying to get you to be personable. Why are you treating the public like that? >> You're being a pain in the ass is what's happening here. >> I'm asking you to identify yourself. It's my right to know who you are, right? I have an actual right to know who you are. >> There were no overt arrests, but the large police presence, threats, and standing close, blocking cameras, and surrounding people were all signs of intimidation and abuse of power. Police did not comply with the ID verification policy and some were provocative, saying this is an employee parking lot. Next. You think filming in public is a constitutional right? Here's what happened when a citizen walked into a New York City jail with just a camera >> opportunity to leave, which I assume. >> If if that's what it I mean, I don't want to leave in handcuffs, but at the end of the day, I'm engaged in a statuto protected activity. section 112. He is empowered to exercise superintendence, management, and control over all department correctional facilities. >> Threats of arrest demands to leave. Policy here does not need to follow the law. This prison staff statement makes everyone shudder. >> I'm sorry. >> How are you? >> Oh, yeah. I'm good. How are you? How are you? >> Who are you? >> I am Lieutenant Emerson. >> Lieutenant Emerson. No, I'm not going to give my name. Is that I just have a couple Yeah, you could you could read the statement, but I just have a quick couple questions. >> Please leave the area. >> Yeah. Do you have >> videotaping and photographing prison property without the consent of the superintendent or commissioner is prohibited by Doc's policy. >> This property is owned by the department and is considered part of a correctional facility. I mean, you guys, this is a public lobby. The door was open. I mean, I didn't break in or anything like that. So, do you guys did you participate in the illegal strikes or I'm an independent journalist. I'm working on a story and I'm and I'm recording correctional officers in the course of the duty as is the right under New York State Right to Monitor Act. >> So, is that is that door supposed to be open the way it was? Is that person supposed to be watching TV? >> Fall asleep. >> Do you guys have a beatdown squad here? He didn't even read the whole thing. He was lazy. He didn't want to read the whole thing. You know, normally we get this nice long. >> So, we're giving you one more opportunity to leave, which I assume. >> I'm just asking some questions and exercising a statuto right. So, >> right. Did you handcuff? >> If if that's what it I mean, I don't want to leave in handcuffs, but at the end of the day, I'm engaged in a statutory protected activity. When a lieutenant says, "You're leaving here in handcuffs, but would the police dare touch him while he was still within the legal boundaries?" >> Do you mind if I get your name and badge number? >> Name and badge number? >> Yeah. Trooper lease badge. >> My name is Sean Trooper. Nice to meet you. >> Well, there's a New York there's a New York State law, sir. I'm not trying to break the law, but there is a New York State law called the New York State Right to Monitor Act, and it specifically says you are allowed to record correctional officers and law enforcement officers in the course of their duty. Well, you you guys left the doors open. All the doors were open and I saw an individual watching TV. >> New York State Police will be called to return to the area. >> Videotaping and photographing Doc's facility property without the consent of the superintendent or commissioner is prohibited by Doc's policy. Law of section 112. He is empowered to exercise superintendence, management, and control over all department correctional facilities. >> He can't violate the law or the constitution. If you would like to request permission to take photos or video of the facility, you may contact the superintendent or commissioner. This property while publicly own and it is less restricted. Your activity here is considered a security risk and a trespass. >> You're you're not a law enforcement officer. Hey. Hey sir, I don't know if you're familiar with the New York State Right to Monitor Act. Um I I don't want to break the law. I'm not trying to get arrested. So in order for me to take this to court, are you going to arrest me if I get engage in my statutory protected activity and record on the like public? >> No one expected it to be the state police who turned the tables. One phone call and a decision that left the prison in a state of confusion. >> Go through the courts, right? Let's take an order protection for instance, right? A local uh criminal court issues an order, but there's one that has something a little contradicting in it that came down from family court. Family court, correct? Security court. um it's a federal judge compared to a local town judge. So, you know, there's levels to it. >> Um that's a very clearcut situation. Like >> obviously we >> I would argue this is I would again I would argue this is clearcut because it's the law versus their policy. >> So, oh it's been a busy day. >> Um so we need to figure out where is this gray area start and stop >> and you're just looking to shrink up the gray area. We're not arguing that you >> back in the back of the facility. Right. Right. >> Where the red sign is here, >> right? Yeah. Exactly. Where it says no admittance, right? >> So I assume you have a car in the parking lot right now. >> You've been really respectful and cool with me. So I have no problem. >> Come up here from Long Island. >> Yeah. From Long Island. Yeah. Live on Long Island. Yeah. Yeah. Live on Long Island again. >> But you know, the law enforcement officer came and you know it at the end of the day, I don't think it's that big of a deal to be making a big deal about it. Um especially when the law is the law. I should probably bring a copy of the law. But he read the actual text of the law and it sounds to me as I've read it. >> Not stopping at confrontation, the protagonist declares, "I will sue to set a precedent for civil rights." Will this lawsuit shake the whole system? >> Which, like I said, we know was put in place more or less >> not so much, you know, can you go record through a window of a prison as it was >> radio, you know, can you record cops when they're out in public doing I I understand that. But when what I'm saying is the actual legislative intent of the law, why would they include correctional officers in the course of their duty? Why would they say and then they can do that? And that's where it becomes that's Yeah. Right. And that's and that's where it becomes it's I'm I'm very even though I'm not a lawyer, very interested in the law. I I study the law. I have a bunch of attorneys >> and you know there can be a big difference between where you put a comma in a sentence and the comma's there or it's not. >> Yes. It's that's true. That's true. It can really make things quite different. >> No, true. No, you No, that's that's very true. That's true. In the text, >> citizens may sue public officials for violating their constitutional rights pursuant to 42 US Code SS1983. Individuals/organizations are required to pay damages to the injured party. Violating police officers may be disciplined, have their licenses suspended, fired, or expelled depending on the policy of the agency/ police chief. After calling in his superiors and legal counsel, the trooper confirmed that Shawn could continue to stand on the side of the road and film legally, claiming he would not be arrested. Shawn highlighted the huge disparity in treatment between the two correctional facilities, Elmyra and Kaga, even though they were in the same state. a reflection of a lack of uniformity and possible overreach in some places. Next, a simple traffic stop because the windows were too dark, but when the female driver decided to remain silent under the fifth amendment, the officer counted down like he was threatening a hostage. >> You just roll up a little. Let me call my daddy. >> Once everyone gets overhead, we'll go through this. >> What are you calling him for? When the police say roll your window up or go to jail, you won't believe why they call it a legal order when there is no law requiring it. >> Did you have your driver's license? >> What happened? >> Well, yeah. >> Your tent is illegal. So, I want to test it and let you know for sure. >> Oh, well, I'm not letting you test it. So, you can >> Okay. So, you're not going to let me test your tent? >> No, sir. You can go ahead and ride it. Um, I'm not sure if I have it and I don't just want to be formulating around in it, but I do have my um, registration and everything. >> You don't have your driver's license with me? >> I don't I'm not sure. >> Where y'all headed? >> I was going to get my baby. It's always a problem. Like, I always think I'm a male. I'm not. >> Here we go. Actually, >> a male. I'm going to have to test your tent. I mean, I'd rather do that than have to take it further than that. So, >> I think that's going to be our >> You just roll up. Yes, sir. Let me call my daddy. Once everyone gets overhead, we'll just break. >> What are you calling him for? >> Property. >> You can write the tickets. >> No, I have to test it to know where it's at. >> Daddy, I got pulled over. I got pulled over in his all the way black. Daddy, I just got pulled over. This officer literally waited. He literally went in a neighborhood to pull like he fine. >> Now he's talking about my team. But I told him I don't want him to test my teeth. Just right. >> Sir, if she doesn't let me test it, she'll go to jail. This is ridiculous. I'm just >> He say if I don't let him test my uh tent, then I'm going to jail. But this man is literally targeting me. He literally perfectly drove through. That's what I thought. I know you can't go to jail for it. >> Right now, she's resisting this investigation. So, if she can't roll the window up, >> Sir, >> Daddy, can you please come here? >> Okay. You have Where you at? >> You have to cooperate. >> I'm at the same store. Well, I just got a man got me in the same spot where I just got out of order. Yes, it's an order. It's a lawful order for you to roll your window up a little bit so I can test it. >> I'm not trying to do that. >> She don't want to let you test it. >> Then she'll be resisting the whole investigation. >> Yes, it is. >> Yes, it is. Cuz you're not allowing me to do my job. >> One decision to not roll up her window and now risk losing her career because she was still wearing her correctional officer uniform while handcuffed. >> I see you're a correctional officer. If you get arrested on personally, you won't be anymore. So, here's the thing. For winter tent, you have to roll the window up. It's a lawful command. You need to be arrested. >> Then I need to pull my window up. >> Well, no. As a citizen, you need to do that. I'm just saying you have a significantly more powerful consequence of getting arrested. >> I understand. Most people don't. That's why I know that that's not >> Well, I don't I have a right also, right? I have a right to not permanate myself. Right. Yes, sir. What? >> I I plead the field. I don't want to get my tent. >> That's No, that's not an option. By driving, you forfeit certain rights. I.e. you can't say we pull you over for a traffic speed. >> But he got the driver license. She ain't say nothing about the driver. >> That's not even the same thing. >> It is the same thing. It's a traffic violation. Well, Ten, they just want to test you. >> That's not possible. >> They just want to test your tent, baby. Just let them test it. >> Worst case scenario, the tent deal with it later. >> Yeah, the tent's a ticket. >> That's the worst. >> Yeah, you don't want a ticket. >> You don't get arrested for that. >> You already, >> however, fade a bail off of the man is I'm chargable offense in the state of Florida. >> Yeah, he's going to give you a warning. So, just let him. >> No, we're not doing a warning now. >> If it is a violation, then it's a ticket. But if it's not a violation, then it's >> So, you would know what you're dealing with. You can always fight it, you know. >> Yep. >> Cuz you probably have to get a a lawyer. >> Yeah. You want to go ahead and you want to go ahead and let him test it? >> Ma'am, I've explained the situation to you quite clearly. I've explained that this is a lawful man. I explained that failing to be a lawful man will lead to your arrest. So, one more time, are you going to roll the window up so he can test it or are you going to get arrested? >> My arrest? >> Yes, I am. >> Tina, who you talking to? >> I'm her grandmother. >> Okay, >> but I'm just saying who you talking to? Who you asking? I will give you 30 seconds to make her to either get arrested or make decision. >> Tina, who are you talking? >> 25 seconds. >> After a tense 25minut standoff, the police finally measured the windshield and the shocking result was that it was completely legal. So why was he still arrested? >> Go get what? >> He has it right here. Roll your window. >> You have to roll the window up. >> Roll your window. >> You roll it up. I'm going to test. >> All right. Roll it up. >> Times up. I want to test if you want to roll it up. >> Roll it up. Roll in. Hold it up. >> Last hand. Roll it up. >> Roll it up and go to jail. >> Take it to jail. All right, we're done with this. >> You're under arrest. Yes, sir. This is Sergeant Ru Police Department. We just arrested one of your uh correctional officers. >> Sergeant Rudd? >> Yes, sir. RU DD. >> Okay. Um what um >> I I'll gladly tell you exactly what happened. She got pulled over for a window tint violation and she wouldn't roll her window up so we can test it. And after 25 minutes of trying to convince her that just roll the window up so we can test it and you can be on your way with at worst a ticket. She refused to comply. At that point, >> we gave her the option like, "All right, you can either roll the window up and let us test it or we can arrest you and then roll the window up and test it." And she went with uh so she's getting a ticket and charged with resisting arrest. >> She's having a bad day, ain't she? >> She is. And the worst part is she's still wearing her uniform. So I'm assuming she didn't go into work. >> No, sir. She did not. >> Okay. Yeah, she's she's still she was still in her uniform, which is why I begged her and explained to her like you you get arrested, it's probably going to not be good for your career. And uh she she wasn't didn't really seem to take that to heart. So >> Oh my gosh. >> Yeah. >> Contacting you guys give you a heads up. >> Yes, sir. I appre I do appreciate you calling me, sir. >> That's no problem. >> I really do. And I'm disappointed in the conduct of our staff. >> Yeah. Yeah. It it I'm guessing y'all got a pretty big pretty large amount of staff. So it happens. I understand. Trust me. I've worked with enough dumb idiot cops to understand that they can't all make good decisions. In the United States, police officers who violate the fifth amendment right to freedom from prosecution may face administrative disciplinary action, including reprimand or suspension, dismissal, or loss of license to practice. The officer falsely suggested that the citizen was compelled to cooperate by raising his or her glasses. Arresting an off-duty law enforcement officer for failing to facilitate a minor search is careerthreatening and may violate the right to freedom from indictment. The case could be the basis for a civil rights lawsuit under 42 US code SS1983 if it is proven that the violation of the citizens constitutional rights was committ. It seems that in New York the law is optional as long as you wear a uniform. Hey guys, what do you think about this situation? If you like the video, don't forget to like, subscribe, and support us with a donation. Thank you very much. [Music]