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Don't touch my phone. I'm going to have to That's assault. I'm going to have to >> I exercise my First Amendment right to film in a public place in a building that's publicly funded. >> Are you aware this is public access? >> No, it is not. I'm telling you. >> By what authority are you telling me to leave public property? >> He was declared trespassing in a public building but refused to bow to top cop. >> For example, you're filming me right now? I don't want you to film me. >> All right. So, I need um So, that you're considering this illegal notification of criminal trespass. So, what crimes did I commit here today that I'm being trespassed? A first amendment audit turns into a fierce showdown. And who really failed? As soon as he entered the public building, he declared, "Feelings don't trump my rights." And from there, things started to spiral out of control. >> No cell phone use in this room. That's okay, though. >> That's awesome cuz he assaulted me and I have it on video, so that'll be perfect. >> Not correct. >> He's not allowed on the property. >> That would be correct. Just a touch of the camera was immediately considered assault and more surprisingly he declared a citizen's arrest on the spot. >> And their concern is about the concern is about like um patrons here being on film and not one patron has been shown on this film, just the employees. So we will wait for the police. Um and that's an unconstitutional sign anyways. No cell phone use in this room. >> That's okay, though. >> You got to put your phone down. There's no filming. >> Is this a public place? >> No, it's not a public place. It's a private place. Correct. >> Okay. So, this is not funded by the public. >> No, it is not funded by the public. >> It's not part of the federal building of Massachusetts. A federal building. >> So, it's public property. Don't touch my phone. >> I'm going to have to ask. >> That's assault. I'm ask the police are on their way. Have you put your hands on me? But I'm going to be I'm going to have to defend myself unfortunately. I mean, it's not unfortunate for me. may be unfortunate for you, but I wouldn't touch me cuz you know that thousands of people are going to watch you. I have 5 million views, so I wouldn't put your hands on me again. It's assault and battery. You have the right to remain silent. Anything you say can will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the court. Do you understand these rights as I've read them to you? >> That's awesome. Cuz he assaulted me and I have it on video, so that'll be perfect. >> Not do such a thing. >> Um, he grabbed my phone and then pushed my stomach. >> Listen, sir. I said to you before that it's all right for you to film, but if the people that you're filming say to you that they're uncomfortable with you filming, you have to abide by their con. We have confidentiality. >> Well, a second ago, you just said it's okay to film as long as they give you permission. >> It's okay for you to film someone if they give you permission to film them. Film them. >> So, you're saying I need a release? Uh, >> you are filming our staff and you do not have permission. I'm I'm telling you public place. There's no expectation. >> For example, you're filming me right now. I don't want you to film me. I'm asking you to work in public. Are there cameras in here? >> Yes, we do have cameras. >> The issue is transitioned from cuz the Malden police are going to teach you a very valuable lesson today cuz I've filmed them. They're going to teach you that it's okay for me to do this. So, how this was going to end is >> So, you have the right not only to film me, but also my voice because the wiretap laws were repealed in 2018 and they were found unconstitutional. >> Okay. Well, >> the police showed up, but instead of dealing with the attack, they discussed the right to intrude on a citizen in a public place. Was this a blatant abuse of power? I went into a public place. I exercised my first amendment right to film in a public place in a building that's publicly funded because there's no expectation of privacy in a public way. Um they did let me know that um they didn't want to be filmed um that it was against the law to do so. I appreciate her >> on the street. You're okay. I don't know about inside of a >> with Yeah, I've filmed Malden PD and the Secret Service. Um it's a constitutionally protected activity and I'll be happy to provide you with that camera footage. This gentleman here, he grabbed my camera and then assaulted and battered me. >> You want to make a report? >> Uh yes, I would like to do that. Um, you know what? I actually don't have it on me, but I'll be happy to give my information for the purposes of this police report. Auditing America, Accountability for All. We've done the Malden PD, >> the Secret Service. It's a constitutionally protected activity to be able to film inside of a publicly funded area. If I went into your house, that'd be covered under the Surveilling Act. >> Like you can record me cuz I'm a police officer. >> Yeah. And I can record her because she's paid by the state. >> Yeah. I don't know. You have to be you have to have to be dual consent in Massachusetts. >> No, the uh the wiretap law was repealed. >> Nice to meet you. How are you today? Hi, >> my name's Kevin. Nice to meet you, >> Kevin. Pleasure to meet you. I've been to your station before. >> Yeah. Yeah. No, thanks for coming by. You're welcome anytime. >> Appreciate it. Um, this officer has taken a report. Uh, none of nothing this woman has said is untrue. She said she didn't want to be filmed and she didn't give her consent to do so. Um, I politely let her know that it's my constitutionally protected activity to film what I can see in a public way. Uh, public ways count as publicly funded areas because you you know what I do. It turned in from something where it became a first amendment audit to where this gentleman on film and I'll provide the footage grabbed my phone and after he grabbed my phone I this gentleman here >> your side of the story >> y >> and we would uh solicit any information that would uh clarify what went on. >> Absolutely. >> So I mean as you know we're just here uh to make sure that everybody's right. The conversation heated up when Chief declared, "You are no longer allowed to be here." And the auditor challenged, "I am willing to go to jail to prove this." Yeah, >> because this is wrong and you're not a policy officer. You're a police officer. But what you're not doing is affording the good people who come here to do a job. >> Their feelings don't trump my rights. Chief, here's what's going to happen. You won't be able to charge me a disorderly conduct because I'm not being disorderly. That's right. >> I mean, that that can be accomplished. >> We can Let's get that Let's get that accomplished. Are you saying that it it is your >> as the person in control of the building that based upon >> these facts and circumstances that his presence correct >> he's not allowed on the property? >> That would be correct. >> Okay. >> All right. So I need um so that you're considering this a legal notification of criminal trespass. >> I am telling you that this person here is in control of the building. >> Yes. >> Okay. Unless I have business and I can have my legal department provide you with one in >> Yeah. So I think I need to be provided one before it can be enforced. >> No, actually no. She has verbalized >> unless I have business cuz I need to get an application for transitional assistance today and the business cards of everyone here. So I would consider that department of transitional assistance business. >> We can certainly give you an application but we will not provide you with >> Well, you just said thank you. So now that you you've said that I can't come in because I'm filming, right? Okay. So we're violating my civil rights. Got that. But if I have business, I can go inside. So I'm going to go inside and I'm going to get an application for transitional assistance. Well, if I'm only being trespassed for >> unless I have business, that's business. >> They'll get you the the application. >> Well, that's business now. >> No, but you stated that that was your intent was to get an application. >> I'm being trespassed if I don't have business. Now I have business, right? Filming was my business anyways. But now I'm making this my business. >> And they're going to get you the application? >> Well, I can go inside and get it myself. >> But you don't have >> So this is real time. So if you arrest me, the camera footage is not going to it's not going to get parlayed. But if I can do this in the Secret Service, I can do it there. So, you're telling me under threat of arrest, right? But if I go in there, so what happens if I go in there to get this application? >> Well, right now the person in charge of the building has told you that you are trespassing. >> Unless I have business, which I've now stated I have business. So, if I go in there, all intents and purposes, if I go in there right now to get this application, what happens? >> Well, I I would hope that you wouldn't uh >> Well, I'm going to So, I'm asking you what what the what's going to happen when I do? >> I'm telling you. >> Climax being kicked out of a public building just for filming. The auditor couldn't take it anymore, sarcastically saying, "Your job will be mine." The response left the whole room stunned. >> "I don't know. You haven't done anything yet." You >> I haven't, but I haven't done anything, but I'm trespassing. So, if I haven't done anything in um >> So, what crime did I commit here today that I'm being trespassed? >> Okay. >> The person in charge of the building is the one. >> And what was she upset about? >> I don't know. Why? >> I pass in the mind. >> You can't Well, she told you I got it on film. I don't want him here anymore because he's filming. Okay. >> So, I appreciate it cuz you're you're helping her violate my constitutional rights. So, here's what I'm going to do. >> I don't see it that way. >> Well, you guys are going to get a call to come back here, right? Cuz I'm going I have the right to peaceful protest. Maybe you should give him a call. >> You know Doug Scorano? >> No, but I know Terry very well. Very good lawyer >> cuz they're both my attorneys. >> Yeah. Good guy. Good friend of mine. He always will. He's a gentleman. He's a very zealous advocate for his clients. It's one of the things I admire the most about. So, you know that he >> it's so fundamental to our system that a lot >> you can't uphold the rights that you think are right and then then turn your head to what's wrong. >> Again, I'm very >> I can justify it however the hell you want. >> No, but you seem to be twisting the narrative. I >> That's what happened. I filmed. She didn't like it. She trespassed me for filming. You're upholding it. >> You're trying to act like this is unscripted. But >> we sit down in production before this. >> No, it's obvious that you don't want to hear answers that don't support >> I don't want to hear un unconstitutional answers from tyrants. You're disgracing the people and your family ought to be ashamed of you. Ought to be ashamed of you. >> I'm I'm pretty sure you're glad they repealed prohibition so now you can go home. >> The accused employee was only given a written statement and was not immediately arrested. The auditor was charged with trespassing on public property, a decision he believes is completely unconstitutional and will certainly be overturned in court. The video ends with the auditor standing firm. Next, a road is supposed to be public, but just minutes later, this man is warned that he is entering an absolutely forbidden area. >> I am denying that request until I am ready to go. >> Um, again, what's your name? >> I'm not going to give that. >> Okay. Do you have warrants or some sort of reason why I would not answer that any further than that? >> When he asserted his right to film freely, the police suddenly announced, "You are under arrest." But on what charges remains a big question. >> Partner, >> not giving that out. Okay, hold on there. >> Am I being detained? >> You are. >> For what? >> Uh, well, this is government property. It is marked as correctional facility and it's marked as no trespassing. >> Uh, there was a no trespassing sign on the woods. Nowhere else. >> Okay. Sure. So, um, so I'll I'll need an ID, please. >> That's not going to happen. I haven't broken any laws. >> Okay. Well, we're not you're not allowed to be here. So, just so you're aware, and I'm just going to let you know what's going on here. This is a correctional facility. The facility is on lockdown because of your presence here. Okay. You cannot be here. But it's not public property. >> And again, nowhere is that marked. Nowhere is it marked. >> It is. >> First of all, they have a visitor center up there. Yes. Which makes this a public access road, >> which means that if I can be on it, I can take pictures from it. >> Okay. So, I I believe and I can't I can't say with certainty, but I believe they have visitation times. >> I'm interested taking pictures. >> Okay. And they asked you to leave >> and that is what I'm doing. >> Okay. But I think you've been here for quite a while. You don't know what the time is? >> No. >> Do you have a time on your phone? I'm currently recording. >> Okay, that's fine. Um, just having a conversation about >> took a walk, taking some pictures. >> The reality is is when you've been asked to leave, we have the responsibility to leave. And this is a correctional facility. This property is owned by the Northeast Regional Corrections, >> which is owned by St. Louis County. >> Yes. >> Yes. >> Yes. >> This is listed on the survey map as public access. >> Okay. >> See those telephone poles? That means I have the right to take pictures from this road. >> I didn't trespass. I didn't go on their property. I did not go off the public access. is that you were walking around the main building. >> Uh the correction >> that would be the wrong information. I've stayed to this road. >> Well, I'm asking you to leave now. So, if we can, let's stick to the public access. >> The confrontation escalates. Citizens assert themselves on the legal street while the police insist on turning it into a correctional facility. Who is right? Who is wrong? >> Okay. So, why are you asking me to do something I already told you I was doing? >> I'm just reinforcing that this is the idea we're trying to drive towards. Let's get off the property, please. No. No. You and we all of us, we're all going to leave the property together. I >> I'll go when I'm ready to go. >> Okay. >> I believe I have every right to be here. >> I am I'm I'm afraid. It's not your choice. I'm asking you to leave a >> If you're asking If you're asking, >> I'm refusing that request. >> I am telling you to leave. >> By what authority are you telling me to leave public property? Okay. >> I'm telling you to leave a correctional facility. >> Here has caused enough disturbance to create a lockdown situation. Okay. It's not your actions. >> I have not gone anywhere. The public is not allowed to be. Their interpretation of my actions is not my responsibility. >> Is not necessarily being caused by it's being caused by what you've done. >> What did I do? My intent was to take pictures. That was it. >> And you've established that. I get that. >> So >> again, have I broken any laws for you to asking me to leave public property? And he asked me to leave and I refused to leave. Yes. >> Then I could be trespassed off the property. Yes. At which point in time, if I go back on the property, I've broken a law. >> Right. The Northeast Regional Corrections, >> which I am not on. >> You are. Okay. >> And I'm on public access map. >> If you'd like, we'll even check my computer. >> Go ahead and look it up and you'll see that this is a public access road. The plows come down here. The power comes down here. >> Yes. The plows are government owned. >> Yeah, correct. >> Which means they're publicly owned. Walk around that all I want. >> That is a secured field facility as well. It's gated, >> right? Oh, nobody said I could walk into it. I can walk around it on the public property. >> How about if you don't mind? >> I'm not interested in that at all. >> My partner can get back in the car or whatever and I'll walk back with you to the sign that identifies this as a correctional facility property. And it also has >> I already saw the sign right up there. I'm on public access. >> Okay. I'm asking you to leave. >> Again, if you're asking, I am denying that request until I am ready to go. >> Surrounded by three armed police officers, the man repeatedly asked, "Am I committing a crime?" But the answers only fueled suspicions of abuse of power. >> Um, again, what's your name? >> I'm not going to give that. >> Okay. Why is that? >> Because I haven't broken any laws for me to require be required to give my name >> or identify myself in any way. >> Do you have um a reason for not wanting to give me your name? >> I'm not going to answer that. >> Okay. Do you have warrants or some sort of reason why I would not answer that any further than that? >> Not going to answer that. >> Okay. Okay. So, let's uh let's move it along here. Okay. >> Okay. Soon as you're ready of why you are here has been fulfilled. >> I don't think it has. >> Okay. I think it it has. All right. We're going to >> Can I get your name and badge number, please? >> My name is Deputy Bugman. >> Bugman. >> Badge number 5328. >> You, ma'am? >> Deputy Schlinking 5357. >> Thank you. You, sir? Who are you, ma'am? >> I'm an intern. >> Okay. >> So, are you planning on leaving now? >> When I'm ready to >> If you don't leave, you can be arrested for not leaving a property after being told to do so. >> And again, which property am I on? You're on the nerd property. >> Am I within 16 ft of the center line of the road? >> It's a private road as far as I >> It's not. It's a public access road. All I need to do is know that >> I just want you to show me that. So then I have something to go off. >> Go look it up. It's on the St. Louis County survey map. >> This is on This is a driveway. >> It is a public road. It is named, is it not? >> I could have I could go I could go on my property punching a road. >> I'm not going to sit here and argue with you. If you have doubt of what I'm saying, please look it up. >> So what are you doing here today? >> I've already gone over this. I'm just curious because I just got >> Okay, that's nice. >> So, are you not willing to talk to me right now? >> No. >> All right. >> I'm surrounded by three armed individuals and an unknown female. >> And you're on. >> Yeah, I understand that. Doesn't make me feel secure, though, does it? >> Okay. Well, you're just like everybody else. And I'm here, of course, for your protection as well as everybody else. I don't think that's correct. But, uh, let's start moving it out towards the road. Okay. Go >> ahead. >> Yes. I'm I'm I'm requesting that you move across the road. >> Mongershaw Road. We are on Abrahamson Road. You're not to be here. Okay. >> This is government facility. Northeast Regional Corrections. >> That's government facility. >> Again, this all is right here. >> Okay. >> You're telling me as a citizen, I'm not allowed to walk nor drive up this road. >> Correct. At this time, you've been requested to leave. >> And then the climax comes. The police impose a one-year trespass order despite the legal dispute that has yet to be resolved. Is this justice or abuse of power? >> Prisoners inmates prisoners. Yes, indeed. >> Okay. >> So, >> you know, I'm here. Here's what I'm going to do. I'm going to go ahead and, as you say, exit the property, the publicly accessible road. I'm going to do some research again. >> Okay. >> I will mark it out. If I am allowed to be here, I will be back >> and I will bring that paperwork with me. >> Okay. Well, at this time, I'm still requesting your identity and you are not going to be welcome back here for a period of one year. >> Okay. >> Okay. So, can I have your name, please? Do you have a uh a license in the state of Minnesota or anything like that where I would be able to check your identity? >> I don't have that on me. Why would I have that on me? >> I'm not asking for for your license. I'm asking if you do have a license. Okay. I'm not going to answer identification so that I would be able to check your identity. >> I've I've provided all the information I'm required to provide. >> 203 QDP by name and date of birth. >> You recording right now? >> Always. >> Okay, good. >> Can I get your name and badge number? [Music] 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. The case raises questions about constitutional rights. First Amendment, right to record in public. Fourth Amendment, right to be free from unlawful detention. If sued, the police could face charges of unlawful detention and abuse of power. Next, in the heart of the Colorado State House, a student was singled out and then police stormed in amid a muffled command. We need to get her out. >> We're not asking you guys to leave. We need to pull her out. If you refuse to get up, you're going to be removed as well. The [ __ ] is going >> You want to go to jail? >> Get up. You need to leave the building. You're not >> You're going to leave the building. >> Are you going to walk out? >> Help us to help you. >> Come on, bro. >> Are you going to walk out? >> He's not He's not going to >> For what? Cuz you had to have us remove him. >> Do you want to go to jail? The icy threat rang out before the student was dragged through the middle of the parliament. But what was her fault? No one answered. >> We will be going into a recess. Hey, we need you to step up so we can get her out. We're not asking you guys to leave. We need to pull her out. If you refuse to get up, you're going to be removed as well. Hey, get up. You're out. >> Let's go. Let's go. All of us. >> Come on. Let's go. Let's go. >> My backpack [Applause] [ __ ] jacket. Come on, buddy. >> Get his leg piece of [ __ ] [ __ ] >> You want to go to jail? >> Get up. >> You need to leave the building. You're not [ __ ] dick. Get up. You >> You're going to go to jail. >> You caused that. >> You [ __ ] ripped. >> You want to go to jail. You ripped that going to jail. >> My [ __ ] is gone. It's ripped. Oh, so you couldn't have done that before, huh? You couldn't have done that before. You're going to let this happen. You're going to leave the building. You're going to walk out. >> How much to help you? Come on, bro. You're going to walk out. >> I don't know what they're taking the [ __ ] out of me. I've been listening. I've been listening. >> They just pick me up and just harass me like that. My [ __ ] is broken. My >> calm down for a second. Stop giving them [ __ ] That's >> giving them [ __ ] >> They're here. >> They removed me. Remove my >> protection. Doesn't feel like my shin's on fire in my >> literally tell right now if you just take a second and calm down for action. >> I've been taking a second. >> Give these officers some respect. I guarantee >> they should give me some respect. >> They are, but you think picking me up and >> my legs are burning. You call this protection? The scream tore through the parliament's space. Was it a forced eviction or a blatant display of power? If you're going to disrupt a meeting with the house of >> I didn't say anything. I didn't speak. I didn't do any of that. And that got me in a arm bar. >> This doesn't feel like protection right here. >> Make sure >> take a breath. Nobody's here to hurt you. >> Nobody's going to hurt me. I've been hurt. I am hurt right now. >> Take a second. >> I'm not on you. >> I have ID. It's a [ __ ] ID. >> I don't have an ID on you. >> What do you mean? Do I have an ID on you? >> You have a driver's license. I don't have a driver license. >> Yes, but not with me. >> Okay. >> Why does it matter? because we're going to run. You >> run me? What do you mean run me? >> He's not going. >> He's not. He's not going to >> for what? You had to have us move. >> He didn't want to help us. He took that upon yourself. >> He's out of the chamber now. He completely He's moved from the building under control. I'm going to walk outside. Let's go. Do you have a >> backpack? >> We will take this backpack. >> Can you say that? >> I didn't even do anything. >> They picked me up. They took me out. My [ __ ] coming off. >> I want my jacket. Where's my backpack? Who's responsible? Personal property disappeared during the arrest. But that wasn't the only thing that was torn apart. >> Your name and date of birth. My jacket. What about my jacket? >> What's your name of birth, sir? What's your name and date of birth? >> Hey, can you and my jacket >> What side are we getting out on? >> Southside. >> Southside. >> What's the last name? >> What's going to happen to my jacket? >> Can I get a new one? >> All right. So, we're going to go off the elevator. We're going to go left. Hook left. Pick me up. You are not allowed to come back today, but you can come back tomorrow. An ironic conclusion among the officers. Was this a law written with a motion? >> No, I'm not with the students. [Music] Just kind of stay around that area just in case you get a little disruptive in there. >> Couple three of them removed and then >> Oh, so how many got removed? Citizens may sue public officials for violating their constitutional rights. Pursuant to 42 US code SS1983, the individual/organization may be required to pay restitution to the injured party. In severe or intentional cases, punitive damages may be ordered. Additionally, the court may order the losing party to pay the plaintiff's attorney fees and litigation costs. Forceful actions in a legislative building without a public reason, without the reading of Miranda rightites, and the use of force causing injury may result in an independent investigation, civil complaint, or even criminal prosecution of the officer involved. Banned for a year for walking on public roads. Maybe justice here also requires a license to circulate. Hey everyone, what do you think about this situation? If you like the video, don't forget to like, subscribe, and support us with donations. Thank you very much. [Music]
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