Mr. Martinez thinks that just because he pulls up and he's wearing a tin badge, he can just ask for an ID when I'm doing a First Amendment protected activity. You ain't going to get no ID. >> Do you have an ID with you? >> I do have a good I do have an ID. >> You have >> Well, I don't have it on me. I said no, I don't. >> You have a name and date of birth? >> I do, but I don't plan on giving it to you. >> A controversial ID demand, a citizen who knows the law, and a confrontation that raised a much bigger question. Where is the line between lawful police authority and the rights of the people they serve? >> That's fine. >> He's uh trying to ID me, but he doesn't have a crime. I know I know very well what I'm doing, sir, and you can't just pull up and start asking for ID. >> That's why I'm giving you a charge for a representative of the facility telling you to leave. Public property. >> Correct. >> Public property for trespass. >> Trespass. >> A camera, a highly controversial ID demand, and growing questions about police authority. What happened next [music] at the potential to turn the entire case upside down. With nothing more than a camera and a few minutes spent outside a controversial facility, this man quickly attracted the attention of law enforcement. But what happened next turned the encounter into something far more tense than anyone expected. >> It is a community watch in the city of Rancho Cucamonga, I believe. It's a little windy, so I'll talk loud and close to the mic. Doing the West Valley Detention Center here in Rancho. Um from what I've heard, it's got a bad rep. So, they've been Everybody's been asking me to for us to do this, but I'm by myself today. I uh Everybody's busy, and I decided to do this by myself. It's a pretty long walk. And I will see you how they behave about public photography at this San Bernardino Sheriff's. So, we'll see. I'm taking a video. The jail? >> For what For what purpose? >> My purpose. >> For your purpose? Okay, but what is there? >> I don't have to answer you. It's a lawful act, so I I wish to break contact. Thank you. You can You can contact your supervisor if you need to, but >> The supervisor is not here. >> All right, you have a good day. >> Well, I need to know why you're >> You don't need to know anything. What Is this a crime? >> You are You're videotaping, taking pictures of employees going in and out of the facility. You don't You don't do that to people with personal vehicles. >> What's What law is that, sir? >> No criminal allegation, no suspect, no evidence of any violation was ever mentioned. So, what prompted an unexpected demand for ID? And why did it ignite a tense confrontation right in front of the camera? >> Penal Code, cuz Penal Code 148.g clearly establishes the fact that I can record any public entity, you, your supervisor, and and and Excuse me. Excuse me. And that photograph and that photo No, no, no, no. You work for me. I don't work for you. No, well, then you can you can Well, then you can You're being livestreamed, too, so there's already calls being done to you. You see this guy? This guy thinks because he pulls up, I'm his property when I'm not doing nothing wrong. Fordice versus Seattle clearly states the fact that I can record public officials. 148.g clearly states that photography alone, when it's done in a legal spot, cannot be deemed suspicious. So, I would suggest you get a supervisor, sir. Before you make Before you make your department look bad, I would get a supervisor. I I know what I'm doing very well, sir. Just doing a little story, man. That's it. >> Doing a story >> Yeah, where my tax dollars go. >> Your tax dollars? >> Yeah, including yours. I My tax dollars go to pay you. That's why when you approach me, you should have more respect. In any other field, if you I'm here but yeah, but you're telling me that I need to tell you I don't need to tell you anything. No, I know but I I I Yeah, but you said you said you wanted to know. No, I'm not. I'm public property, sir. >> Okay, but you are here. >> I am public property. Well, are you are you against the First Amendment, sir? What is your name badge number? This is D. Martinez. >> What's your name? >> I don't need to give it. >> Yeah, I need to get your identification. >> No, thank you, sir. No, thank you, sir. >> Do you have any ID? >> No, I don't. >> I need to know who to contact. >> No. For what? For what crime, sir? Hey, can you guys make a call? I'm at the at the West Valley Detention Center in San Bernardino. Mr. Martinez thinks that just because he pulls up and he's wearing a tin badge, he can just ask for an ID when I'm doing a First Amendment protected activity. You ain't going to get no ID cuz I'm not doing anything wrong. >> Hey, I just I just I just want to know who to contact. Give me What's your name? >> No, thank you. You can call me good citizen. >> What's your name? >> You can call me good citizen. >> What is your name? >> Another officer was called to the scene, perhaps in hopes of bringing the situation under control, but it didn't take long for them to realize that the man standing before them wasn't just holding a camera. He understood the law far better than they had expected. >> I need to know I'm not committing a crime, sir. I'm just a journalist doing a little story. Now you're making Now you're making >> doing out here? >> Doing a story. >> Doing a story for what? >> For me? >> For yourself? >> Yeah, free press. Free press, yeah. >> Free press? >> Yes, sir. >> Oh, okay. That's fine. >> He's uh trying to ID me but he doesn't have a crime. I know I know very well what I'm doing, sir, and you can't just pull up and start asking for ID. That's not how the law works. You >> your name is. >> Yeah, but that's who you trying to ID me. >> Yeah, we're trying to ID you cuz you're just out here taking pictures. >> But that's not that's not Okay, what is your ID law, sir, in California? I'm not only I'm supposed to ID after I'm legally booked. That's the law in California. >> You can ask me for my credentials. >> Well, you work for me, sir. >> It doesn't matter. >> Okay, let me see your ID where you live. >> Why Why do you need to see >> Why would you see need to see my ID then? >> I don't need to see your ID. I'm just asking who you are. >> Um I'm a I'm a citizen taxpayer citizen who employs you, sir. >> Who employs me? >> Yes, sir. Have fun out here, sir. >> You have a good day. >> Hey, Martinez. I'm not going to charge you this time for educating you, man. >> Thank you for the education. >> All right, you're welcome. Now I was talking to Martinez. You already were educated. See this guy? Like that they get good cops hurt, man. It's actions like that they get good cops hurt because he pulls up thinking that people are his property. Hey, you got school today, huh, youngster? You got school today, huh? Yeah, you were trying you were trying to come on strong with me, huh? Got shot down by your own law that you protect, sir. It keeps me Listen, it keeps me in check, too, and it keeps you in check, both of us. >> The encounter ended without an arrest, but it left behind a clear reminder of the delicate line between citizens' rights and government authority. Citizens can sue police under Section 1983 when their rights are violated. Officers who violate those rights may face compensation payouts, disciplinary action, or even termination. Next, a public area, a camera, and a series of baffling demands. Just minutes later, a heated argument erupted when no one seemed able to provide a clear answer to what should have been a very simple question. >> Yeah, I see. That's real unprofessional right there. >> I need you to step away, please. No, I need you to go behind the truck. >> I mean, why I got to go behind the truck? >> because you're not going to take any chance of you coming in here. You're doing >> I'm not going to walk in. I'm not going to walk in. I'm not going to walk in. >> I need you to step back. >> I'm not going to walk in. I step up here. I'm not going to walk in there. >> There's no reason but you're close to her personal property. I need you to >> Well, is this her personal property? >> Yes. Well, I need you to go in front of the truck. >> Go over here so the truck can go through. That's my bad. Follow me. I'll give you a bottle of water. Security? Who are you, sir? >> Security. >> Cuz you got a gun that make you security? >> Bro, I'm on security. You can't be down here >> What's your name, sir? >> My name Officer Moore. >> Officer Moore? >> Yes. >> So, is this not public property? >> No. >> It belongs to the to the city, right? >> Yeah, but you can't be down here recording. >> Well, why not? >> Why are you down here recording? >> It doesn't matter why I'm down here recording. Does it not belong If it belongs to the city >> here? >> Listen, are you going to listen or you going to cut me off? >> Do you have property here? >> Are you going to listen or cut me off? >> Do you have property here? >> Are you going to listen or you going to cut me off? >> Can you answer my question? >> You going to answer mine? >> Look, bro. We're not about to do this. We're not about to do this. You ain't supposed to come over here. You're down here. You're supposed to stay up there. >> Are you law enforcement? >> Security. >> Okay, well, call law enforcement. >> What you want to enforcement for? >> Because I mean again, I have no business talking to you, right? >> Bro. >> You trying to tell me something that I know that I can't do. There's nothing stopping me from Why can't I be? >> You got property back here? >> Does it matter? Is this public property? Is this public property? >> It matters, man. Look, look, I'm not going to argue with you. >> We'll call call law enforcement. >> said you got to come back up there. >> Who is they? >> Supervisor. >> Who is supervisor? >> You got stuff back here, anything? >> Who is supervisor? >> anything back here? >> I don't need to call the police. >> Well, then you should leave and I won't call the police. But other than that, if you're not going to leave, we're >> With the line between right and wrong still very much in question, police suddenly arrived and immediately pushed the situation in a completely different direction. What happened next left many wondering, was this law enforcement in action or an abuse of authority unfolding right in front of the camera? >> What's going on, buddy? How you feel? Yes, sir. >> Okay, let's see what you got. >> We have right now that we have a guy who's trespassing. He's not coming here to pick up a vehicle. He's not making a complaint about a vehicle. Um he's filming and we, you know, everybody films these days, so we don't care about that. But the hit is that you're trespassing. So, we would like to remove you from the property. That's basically all that's that's all it is. >> Really, boss just say we're going to involve the officer to find out if anything's been out of order, all right? >> Officer Divine? >> Yeah. >> What's your name? Badge number? >> That. It's right there as well. 3978. >> All right, appreciate that. Thank you. What's going on? >> Just saying you Just said they explained and said that you're trespassing. It's posted as well, no trespassing. Do you have your ID with you? >> I do have to give you I do have an ID. Oh, I don't have it on me, actually. No, I don't. >> You have your name and date of birth? >> I do, but I don't plan on giving it to you. >> Okay, so you do know what's going to happen if you don't provide any name and date of birth or phone to the investigation here, right? >> What's going to happen? You can tell me. >> Possibly get arrested, all right? >> Possibly get arrested for for what crime? >> Trespass, sir. It's posted. >> It says so those signs are referencing this this Is this not a public Is this not public property? >> It's posted up along the whole entire fence here. >> Right, that's going inside the perimeter. >> What's that? But, that's for the perimeter. >> So, can I ask you I didn't go beyond the perimeter. I didn't go beyond the >> beyond the Actually, you're beyond the premises once you come into the facility. >> There's no signs up there that says no So, where's the trespass line at? >> Okay. Okay, you're asking where the trespass line is. >> Yeah, where is the trespass line at? >> We have it right here where you are right now, right? Right? >> All right, I see. >> Right right now where you are, we have it. >> Mhm. >> We have it up there also. I mean, it's not my duty to show you where trespass the signs are. My duty is to make you aware that you're trespassing. This is a city facility that if you're not taking care of business, that's why I asked you, are you coming to get a vehicle? You said no. Asked you are you making a complaint cuz you can do that, too. You said no. There's no particular reason that you have explained why you're acting >> When the demand for identification failed to produce the outcome they expected, the officer's initial confidence seemed to begin fading. And as a series of legal questions continued to surface, a call for backup revealed that the situation might be far more complicated than they had first assumed. >> So, all we're trying to get from you to alleviate all of this is your ID >> I don't I don't I don't have my ID and the trespass The way the trespass law works is you tell me that I have to leave and then you have to give me an opportunity to leave as law enforcement. >> Giving you that and I'm just asking you just for the fact that And that's really not just true. >> That is true. >> I'm I'm a supervisor here at this facility and I've made you aware that you're trespassing. >> Can you can you get a supervisor out here as well? Can I request a supervisor? Are you law enforcement? >> Sir, no. I'm a supervisor >> can I can I get a supervisor? He know he know what he's supposed to do. Law enforcement. No, I I asked for law enforcement. >> No, no. You said that >> made aware that you >> Of where? I asked him, "Where is the trespass line?" >> He's a He's a security guard. I'm a security guard. >> This is the first This is the first time you telling me of where the trespass line is at. >> All right, regardless of what you're saying, what I did was I made you aware of everything is that you needed to know. >> I'm asking so I can step to the line. Where is the trespass line? Just answer that question. Where is the trespass line? >> Sir, the You're You're You're starting to proceed into trespassing once you take that street down into this facility. >> So, are there signs posted up there? Okay, so there's no signs up there that says that this is restricted area. >> Check it out. All I'm going to say to you, it is. Well, I'm going to tell you if am I going to tell you where is at? No, cuz that's your job. >> The law says that The law says that it must be posted. >> It is. Yes, it is posted. It's posted here and up there, but you didn't >> Okay, I didn't go beyond that. I didn't go beyond that. They're You're They're saying the entire street the public street is restricted? >> This is not a public street right here, sir. Yes, sir. This is not >> Okay, so I'm going to go back to the Where is the So I know where the line is at. Let's go to the line. Yeah. We're going to go to the line. Again, the law says it must be posted. You understand that, right? >> I did that. >> It do. Okay, well, maybe I missed it. Let's go to the line. Do not enter is not the same thing. It's not the same thing. It's not. Do not. Do not enter is not the same thing. It must be clearly posted. That's Maryland state law. Maryland state law says it must be posted. No trespassing, do not enter, authorized personnel only, authorized vehicles only. It But there's no sign that says If I missed the sign, I missed the sign. It's Well, common sense ain't common. So, where is the sign? >> Now, basically what he's trying to do is trying to give us a hard time or whatever. >> I didn't ask him. >> trying to >> The longer the exchange continued, the more the officer's uncertainty became apparent as legal questions kept piling up without convincing answers. And just as the man argued that his rights were being restricted, the arrival of another officer suddenly pushed the entire situation in a completely new direction. >> All right, guys. Sorry. >> Hey, good. How you doing? Can you Can you say your name and badge number? I can't I can't even hear or see. Manaya. Badge number? >> 197 >> 197, okay. Uh so, pretty much today, um I had two things that I was doing here. One, exercising my right to record in public. Uh there was no signs all the way down that said like trespassing, uh authorized personnel only. By state law, they should be It has to be posted in clear view. That's not That's not done here. The signs that they're referencing is on the fence line, which kind of indicates on the other side, like all of that beyond the gate area, which is I guess you'd be trespassing if you go beyond the area, hence it being a restricted per se. This road right here, they're What he is saying that this road is private. It's not a private road. Uh it's state property, which means it's public property. I can walk along this easement. I'm not in the traffic. I'm not hindering services. I'm not causing disturbance. The camera cannot be determined as a disturbance. That's ruled by the Supreme Court. Peacefully recording, minding my own business. The second thing I wanted to do was file a PIA with the officer. The lady shut her window. She doesn't want to be recorded. She doesn't want me to allow me to file my PIA request, which I can, you know, do a, you know, a civil lawsuit, whatever I want to do to to get that that information, that's public information as well. So, those are the two things that I was doing today, and I was hoping I'd be able to do those things without my rights being infringed on, considering both those things are rights. So, as long as I'm on this road which is and I'm hindering any services of traffic they come in and out. I'm not stopping nobody from doing anything. I'm just peacefully recording. That's all I'm doing. I didn't go beyond any restricted areas. They said that they hey they said hey well this is restricted so I backed up. I said well none of this said I went back and then I asked him clear as day I said well where is the trespass line? He didn't say anything until somebody else came out. Okay so think about what you're saying. It's the same thing at the police departments right? Beyond where all the police vehicles are at some stations it says no trespassing on the fence. I can walk along the edge of the fence of any police department. That's the again this street is not restricted. I can walk the street >> With key legal questions still unanswered an unexpected statement from police suddenly changed the course of the entire encounter. But in doing so it raised an even bigger question. Was this law enforcement at work or authority being used to push beyond the limits of the law? >> So she just called 2 space 2220 for state's attorney. If you get charged General of the facility telling you to leave public property. >> Correct. >> Public property for trespass. >> Trespass. >> Based off of Again and I asked him where is that >> It's like if we're going to your house and we're on your front lawn and you say you got to go and I refuse >> That's No but that's that's private property sir. That's private property. For public property Town Place Manor as long as the business hours are open I could be on the property. >> Now about state's attorney. >> Now about the state's attorney. >> I just got off the phone with them. >> And and I thought I'll go and I'll you know I'll follow the the the the proper you know complaints or what have you. If you're choosing to you know invoke that or impose that then so be it I have no problem. They want want leave you're exercising that or enforcing it? No problem. So, that's what you're exercising, right? Okay. And what is it again? >> It's just code 2 space 2220. >> 2220, right? Trespassing on public property. Because of these trespassing signs. >> Yep. >> And can you And you said that the trespass line is right there? >> Nobody's saying not by no trespass. >> Well, the I asked him where was the line. >> Sir, all right. We're not going to be here all day. >> Oh, I'm going to go to the line. >> Oh, you're you're leaving the property. >> Okay, well, I'll leave right there. Oh, where's your headquarters at or station? Precinct? >> Precinct 5710 Eastern Ave. >> 57 >> 10 Eastern Ave. >> 57 10 >> A series of highly controversial statements were about to be made and the officers seemed convinced the matter had been settled right there at the scene. But what they didn't expect was that what happened next could mark only the beginning of the consequences for actions many would later view as an abuse of authority. >> Well, that's definitely this definitely a unlawful trespass. It's not like this is my first rodeo. You know, we'll definitely be back. But it's going to fall on you guys for imposing that. So you know. >> We're going to be close What is 4:30? >> I'm going to I'm going to come back I'm going to come back tomorrow. How long is the trespass? Is it indefinite? Is it 24 hours? How long is the trespass? If you're trespassing me >> we give you a verbal warning first. You come back again we give you you're you can't get a citation and and if you come back again >> Well, again, well, right. So, I'm asking you how long is the trespass? So that I know when I can come back. >> So, essentially what my supervisor stated to me here is that this will be essentially your first warning. This is a verbal warning. Stated that you cannot come across the premises. They've given you verbal warning. They've also stated posted as well. This is a warning from us telling you, hey, you cannot be on this premises. You come back tomorrow >> Property, the entire property. >> You're not letting me finish. >> Well, I have to clarification. Oh okay. Oh, I know the last option. Yeah. So, it's indefinite. It's indefinite. That's what you're saying, right? That's all That's all I needed. You think I don't know that? Because I asked how [music] long was the trespass? Damn. We'll go down there and file a complaint on them and go on my way and then of course, you know. >> The confrontation may be over, but the questions surrounding authority, accountability, and the legality of what took place that day are likely only just beginning. Authority is respected only when it is exercised [music] within the law and with respect for citizens' rights. Hey everyone, what do you think about this situation? If you enjoyed the video, don't forget to like, subscribe, and support [music] us with a donation. Thank you so much. >> [music]