The statute clearly states you can't video record private conversations. >> Yeah, you can't record people. >> Yeah, that would be audio recording. That's what it refers to. >> I have >> So, you're going to have to come with us. They want to sign complaints. >> I'm asking you a question. Who are you? Why are you taking pictures of the department? Don't touch >> Okay. >> I'm going to put you in cuffs, okay? >> That's fine. >> put in cuffs. >> Just one camera. Yet it was enough to drag both City Hall and the police into a highly controversial confrontation over abuse of power and the misuse of the law. >> You can keep the phone. >> May I have your other hand, please? >> All right. >> You can make keep the phone. >> My name >> You're not a king. >> That. >> Yes, sir. Take it >> Yeah. >> Yeah. >> Thank you, sir. >> Yeah. >> One more. >> There were no charges, no evidence. Yet a single camera was enough for Pueblo police to handcuff the wrong man. Igniting a shocking abuse of power scandal that sparked public outrage. Just because a camera entered City Hall, security and city officials immediately began doing everything they could to stop it. A no recording sign was quickly pulled out like a shield, leaving many to wonder what exactly was being hidden behind those doors. >> Sir, it's illegal to record in City Hall. >> I'm sorry? >> It's illegal to record in City Hall. >> It's illegal to record in City Hall. This is the mayor's office. Mayor Robert J. Rivera. City administration. Hi, how are you? >> I'm walking in. Here. How may I help you? >> Um what office is this? >> I'm the city administrator. >> You're city administrator? >> I am. >> Hi. >> Are you recording me? >> I am recording you. >> I would ask that you not record me, please. >> Well, you're a public official, [music] obviously. You're the city administrator. >> That wouldn't matter. >> Yes, [music] it does. >> That you're not elected? >> Yeah. >> I am not elected. >> Well, that doesn't matter. You still work for the government. You work for the public. >> On our doors, we have a sign that says no recordings are allowed unless we give permission. I am not giving you permission. It is a state law. >> I did see I did see that sign. >> And then we follow state law here. >> It's a state law. >> It is. >> Okay. So >> Can we talk outside? >> Um who are you, sir? >> I'm Detective Manico. >> Are you um >> I'm with the police department. >> Police department here? >> Yes. >> Okay. >> Um here, let's go outside. >> So So, sir, just um just so I just wanted to let you I just wanted to talk to you a little bit. Let's de-escalate. >> Okay, yeah, I'm not I'm not escalating. >> Yeah, I know. I don't think you are. >> but it's they got a sign up um can't record inside the building here. >> That sign is unconstitutional. They're I'm I'm an independent journalist, so I have freedom of press. >> the problem [music] is state law, you can't They got the sign up and unless they give you permission >> Mhm. >> come in city hall and >> Yeah. >> you have >> Even though the law allowed filming in a public area, city hall officials still relied on highly questionable rules to force the man to leave. And once police arrived, it marked the beginning of what many saw as an open display of abuse of power. >> What kind of story are you working on? >> Um I'm not going to divulge that until it's published. So, I'm working I'm doing um a story on city hall here, and um I also have business to conduct here, Freedom of Information Act. And for um a law or a sign to prevent me from filming in city hall seems very unconstitutional, sir. And you yourself took an oath to uphold the Constitution. >> And I'm upholding what the sign is saying downstairs. >> But what what means more to you? >> In order you have to get their permission video recording here because there's a lot of people in here that don't want to be recorded. And by right it's like if I start recording you right now and you don't want to be recorded, I can't record you. >> Well sir, I'm sure there are cameras in this building and I'm sure you know and I you haven't gotten my permission to record me but you're going to because the courts have have established the courts have established that there is no expectation of privacy public. You have no right this is a public building open to everybody open to the public. I'm exercising my freedom of press as well as gathering content for my story and I'm conducting business. I need to do a Freedom of Information Act request. How you doing sir? >> Well, how are you? >> I'm doing well. Can I get your name and badge number, please? >> Officer Galani, star number 245. >> 245 and Galani. Thank you, sir. >> Let's go downstairs. >> For for what sir? I'm not done conducting my business here. >> They don't want any recording upstairs so we're not going to record upstairs, okay? >> But but sir, this is open to the public. This is not a restricted area. Can I speak to a supervisor? >> He's on his way. >> Oh, okay. Great. >> Officers kept hiding behind a highly controversial no filming policy. But the more they were questioned on camera, the more their awkward and evasive behavior left viewers wondering what was really going on. Government transparency and accountability fellas, that's all it is. As is my right. No cameras, recording devices without prior approval. Per 720 ILS >> Article 4 >> Article 4 >> Okay. >> Is that a um a state statute? >> ILCS is a state statute. >> It's a state statute? >> Yeah. >> Really? I've been in a bunch of city halls and I've never seen that statute before. >> Well, you could We're going to Google it. >> All right, great. Thank you. Appreciate it. >> Let's stand over here so people can get inside. >> Yeah, sure. Sure. What other uh licenses What other city halls have you been to? Oh, a bunch. A bunch. A bunch. >> Like what? What's a bunch? >> Just ones around here. Never saw that statute before. That's interesting. Yeah, love I would Thank you for looking it up for me. Cuz that's in direct violation of the United States Constitution. >> What's the the name of the the channel that you uh shoot the vlogs on? >> Oh, my my information I gave her my company's name. >> Okay. >> Yeah, I gave it to her. >> have that. Would you mind telling me what that is? >> He may be interested to see your work. >> Oh, for sure. For sure. Yeah. At the end of this encounter I'll give you I'll make sure you get it. All right? I promise. >> Got it. Got it. >> All right. Thanks. Detective Monaco over here. It's a very interesting statute. Can't wait to look at it. >> Sorry. >> After the heated argument over the legality of the no filming order, the sergeant returned with a firm statement that instantly changed the atmosphere. Complaints from both sides quickly began piling up, leaving many asking, "What exactly was happening inside this city hall?" >> State statute reads, you can't video record private conversations >> Or >> inside without private without private notice. >> Conversations? >> Yeah, you can't record people >> Yeah, that would be audio recording. That's what it refers to. It refers to audio. >> taping an audio. >> Yeah, that that doesn't matter. I have >> you're going to have to come with us. They want to sign complaints. >> They want to sign complaints? For what? >> taping people. >> For video taping people? I want to sign a complaint. He tried to grab my camera. Yes, he did. It's on my body camera and my camera. >> You can't record conversations. >> I wasn't recording conversations. You know that. I was not. I conducted >> I know? You won't tell me any information. >> business. I was in there conducting business. I told you I'm a journalist. >> And then, are you leaving now? >> Well, I'm not going back in there. >> business? >> Yeah, I'm done with my business. Yes, I am. I conducted my business and uh that's all I need to do. I conducted You're going to arrest me because I conducted legal business. >> before you're video taping people without their consent. You can't do that. >> I wasn't video Then there's no expectation There's no expectation of privacy in public, sir. The courts have already ruled that. >> Between two private conversations. If two If me and him >> no private conversations. >> and him are having private conversations and you come over here, you can't do that. >> There is no private conversations going on. I was conducting business. You saw me conduct business. He tried to grab my phone from me. Thank you. So, all of you watching, just to know that the How do you pronounce it? Ber- um Berwyn? >> Berwyn. >> Berwyn. The Berwyn Police Department not only tried to prevent me from recording and exercising my constitutional rights, but now they're telling me I'm detained and that I might have to go with them because they're going to arrest me because I conducted a lawful business in a city hall and exercise my right. Where's the victim? Where's the victim? Who's the victim in all of this? Seems like it would be me. >> The debate over police authority and citizens' rights was far from over when the sergeant suddenly issued a shocking order. And in that moment, the entire situation spiraled out of control. >> You got to keep the phone. May I have your other hand, please? >> All right. >> You told me I could keep the phone. >> My name is Berwyn 12590. >> I don't want it to stop recording. >> Okay. >> I don't want it to stop recording. Why are you telling me >> You're a big boy. >> Be Charles Union 12 590. >> You know, this is ridiculous. >> Where are you at? >> I got to keep my phone in my hand. >> All right now. >> I just took it out of his hand because I don't want him to drop >> Put it in your pocket. >> You know, I need to >> Hey, this is the hell with 2129 on park. >> Handcuffs, arrests, the signs of abuse of power and unlawful enforcement quickly brought intense public pressure crashing down on the police department. And then, a surprising move from the police chief himself suddenly turned the entire case upside down in a way no one expected. >> Texted him, but I didn't get an answer, but I'm going to pull the signs down now until we can determine the constitutionality of it. >> You're going to pull the signs down? >> to take those down myself right now. >> Okay. >> Until we can figure out >> Thank you. >> constitutionally what's going on. >> It's the right thing right thing to do. Take them down. Take them down. [laughter] Take them down. Wait, let's get Let's Let's get He's taking down at least those. Take them down. Yeah. YEAH. YEAH. YEAH. >> [screaming] >> ONE MORE. YEAH. THANK YOU, MAYOR. THANK YOU. >> THE confrontation may be over, but the story likely isn't. Because this case stands as a reminder that transparency and the public's right to hold power accountable should never be treated as a threat. Next. Just for filming in public, this man was treated by Pueblo police like a dangerous criminal. There was no crime being committed, yet the officer's rushed response quickly escalated the entire situation. >> Hey there. How are you? Excuse me, sir. What are you doing? Hey. Hey. I'm asking you a question. Who are you? Why are you taking pictures of the department? Sir. Don't touch me. Okay. I'm going to put you in cuffs. Okay, you're going to be put in cuffs. Okay, supervisor is on his way. Okay, I'm asking you questions here. >> to be arrested right now and be put in cuffs for taking pictures of the police department? Don't turn my phone off. >> Okay, you are not in control here. >> I am, actually. You work for me, I don't work for you. >> 46, I got one in custody over here. I need a supervisor. >> your job, buddy. This is illegal detainment. Can you please call a supervisor out here? This is an illegal detainment under 16-3-103. >> Okay. Hang on here. >> You don't have permission to search me. I don't consent to any search procedures. >> Okay, I'm waiting for a supervisor to come up here. >> Okay, that's fine. What is your name and badge number? >> Romero. >> 0702. >> Okay, sounds good. Did you stop my video camera over there? >> I'm not messing with your phone, okay? >> Can you uh tell this officer to take his hands off me and to uncuff me? >> No, I don't want to tell him anything. >> Okay. >> There were no charges, no evidence, no legal basis that could explain what was happening. But then, a new detail emerged, and it had the potential to turn this entire incident into a long-term nightmare for the Pueblo Police Department. >> I'm done talking to you guys, then. >> Okay. >> So, what's up? >> He's taking pictures of the department, taking pictures of all our stuff here, so I don't know what he's doing. I tried to talk to him, he's not talking to me, he starts walking away. >> Is that a reason to cuff me? >> Yeah, you're being detained right now. >> For what? For what crime? >> That's reasonable suspicion. >> crime? >> You have to have reasonable suspicion of a crime to detain somebody. >> I am not going to speak to you. You can speak to my supervisor when he gets here. >> me in cuffs right now. >> Okay, yeah. You're being detained at the moment, yeah. >> Because you're an ignorant [ __ ] that's why you're cuffed. What's up? You're aware of your rights? >> Uh, you're uh >> Mirrored? >> Yes, sir. >> Okay. >> What is your name and badge number? I don't want to answer your questions before I get a lawyer. >> We're not asking you questions. >> What? >> You're going to ask me any questions? You asked me what I was doing, what I was doing, what I was doing. I chose not to answer, which I have a right to do. Do I not? >> I never think so. >> I hope this doesn't take long to answer. Same charges as to a person sitting. Hey guys, if I'm still live streaming, call the Pueblo Police Department. Let them know officers Romero wearing wearing something like that are both detaining me illegally outside the Pueblo Department. I have no street address. >> Is yours on? >> It's always on. >> While the officer still couldn't explain the reason for detaining the man, the arrival of a supervisor suddenly shifted the entire situation. And just minutes later, the truth began to surface. Turning those handcuffs into the center of a growing controversy. >> Loading. I'm loading up. I'm loading up. This guy's on the corner. I thought he was taking a picture of the eagle on the department. I was like, "Okay, no big deal." So, I start, you know, putting my stuff in my my patrol vehicle. So, he he walks past it. I was like, "Oh, he's leaving." He didn't an Can't talk right now. I'm busy. >> So, he starts walking. So, I'm I back up. He's uh next to this corner and I'll take him pictures. I'm like, "What is he doing?" So, then he comes over. He starts taking pictures. It looks like he's taking pictures of these signs. I don't know if he's taking pictures of these cars or what. >> Part of an organization called First Amendment Strike Team. >> Is he? >> Yes. >> Okay, he's trying to see what we're going to do. >> Okay. >> He has every right to do that. >> Okay, and that's fine with that. I I don't I don't have a >> Uncuff him. Uncuff him. >> Sorry, I can't. >> Huh? >> Uncuff him. >> Uncuff him. >> I did nothing wrong. I was not breaking the law. This officer just illegally detained me under C.R.S. 16-3-103. >> I seen your video, sir, and I know exactly what you're talking about. >> Uh who am I? >> Um First Amendment Strike Team. >> Okay. >> I know exactly who you are. >> Exactly. Um so, you know I'm not driving or doing anything illegal. >> I do. You know nothing. I just know. >> Um I'd like to file a complaint against this officer for violating my constitutional rights. >> you can actually go down to the department and >> Okay. >> file a complaint if you'd like to. >> Um Should have asked him before. Um but uh I understand totally what you're doing. >> So, what are you doing? >> He's suspended uh administratively until uh the thing is cleared up. >> No, he just broke the law. >> I understand that he'll be arrested. >> So, an internal affairs investigation uh if you want to file a complaint of misconduct and depending on the findings of that, um it'll be dealt with depending on what uh >> So, is there going to be any issue with me getting his body camera? >> That uh you would have to go through our um records division. >> Yeah. >> Not sure how that works. >> Hey guys, I called Pueblo uh Police Department and complained about Officer Baro, badge number 0701. He just detained me. Uh he said that he was detaining me because I chose not to answer his questions. >> Um I'm not really sure on how that works. I believe that there's a sergeant >> Here's the uh Sergeant Reyes. He's the supervisor on the watch commander. >> And he might know. number? I'm not sure how that works. Actually, I can make a phone call and find out. I think I appreciate it. >> The handcuffs had finally come off, but for the Pueblo Police Department, the real trouble may have only just begun. And the next conversation with supervisors could leave the officer involved paying the price for his highly controversial actions. >> Thank you. I'm good. I'm going to go home now. >> Yeah? >> Yeah, you can go home. >> It says Captain Martinez to speak to you. I don't know if they even need me here anymore, so >> Is there a charge? Okay. Do you know what the charge is? Okay, I'll find out. >> He does not have to answer the question. You grabbed him by the arm and pulled him. >> Okay, good. Thank you. Yeah, he's going to speak with the commander. How are you, sir? >> How are you doing, sir? >> Couldn't be any better. >> I actually like this officer. >> What place 4K? >> I'm on your camera. What place 4K? >> I know that the TVs do, but how do you edit 4K? >> Uh computers do also and all the software editing is all 4K compatible. So, even if your computer I'm going to call records real quick. >> There are you have to submit a Freedom of Information Act. >> Exactly. Yeah, for the body cam video. >> There's a charge. I'm not sure what the charge is. >> Okay. >> Um but I'm going to find out. I'm sure uh records can probably tell you. >> When civil rights are brushed aside because of the recklessness of those enforcing the law, society must speak up so that justice never becomes a privilege reserved for those in power. Citizens can [music] sue police under Section 1983 when their rights are violated. Officers [music] who violate those rights may face compensation payouts, disciplinary action, [music] or even termination. When authority is used before the truth is even established, any citizen can become a victim and society must never stay silent [music] in the face of abuse of power. Hey everyone, what do you think about this situation? If you enjoyed the video, [music] don't forget to like, subscribe, and support us with a donation. Thank you so much.