Cops Make $41,000 Mistake (Settlement Reached)

when people take pictures of government buildings in particular Police Department huh it does cause some concerns some folks let us know I'm making the threat assessment right now okay let's need some pictures of some right units okay I'd rather not give it but you have to have reasonable suspicion that Canada time because you're outside a law enforcement facility okay I think suspicious that's all I need is that a felony or misdemeanor that's a misdemeanor being suspicious yes really yeah it's called disorderly conduct Tony Lee contacted the Supreme Court has ruled that photography on a public sidewalk is he'll do it my way please don't talk don't touch my camera any searches or seizures in my property all right so you've not given me suspicion of a crime okay well first of all I told you we're being detained for the suspicion activity the school okay so the first thing I'm gonna do okay after you willing to give me your first name is I'm gonna take your phone I'm gonna put on the hood of the car for my safety and my cover officer safety okay for my phone yeah how does it make you unsafe explain it to you all right so what's going on guys so just give you a little timeline on on what's going on here so November 2nd was the day that I went in films the police department November 4th I put out the original video and November 6th is when they issued a bulletin regarding it which I will go on to explain here in just a minute so let's start with this November 2nd 2017 Clayton was filming the secured parking lot of the Colorado Springs Police Department Falcons sub station in Colorado Springs Colorado city of Colorado Springs police officers contacted Clayton just to be clear here this is a settlement agreement this is not they were not sued this is an agreement saying pretty much that I will not sue them because in good faith we reached a settlement agreement the parties deem it in their best interest to reach a complete resolution of any and all potential claims that Clayton may have against city of Colorado Springs occurring up to the date of this agreement basically I'm resolving claims for this specifically for this incident this all of this is pretty much just agreeing that I'm not going to sue them over it's and then we have consideration which pretty much this is what they are agreeing to do and I have to say before we go into this like I'm pretty happy with it I will say that we as in me and my law firm we're definitely willing to litigate it in court but we we strongly feel that this is acceptable and these are acceptable terms so within 30 days of the execution of this agreement the city of Colorado Springs agrees to pay the total amount of 41 thousand dollars in the form of a check made payable to Clayton and the kilmer Lane and Newman law firm now Kilmer Lane and Newman very huge civil rights law firm here in Colorado I'd say pretty much every auditor here utilizes them I won't I guess I won't say specifically who but yeah you can pretty much figure that out so next we have city of Colorado Springs will ensure payment of all mediation costs I'm going to be leaving the bottom section of this out because the mediation is confidential but pretty much part of the agreement was that they're agreeing to pay the costs of the mediation by July 1st 2018 the following will be added to Colorado Springs Police Department General Order 15:51 section for taking photographs and recording from a public space in of itself does not constitute suspicious activity so a couple things to say about that my law firm specifically was responsible for them having to publish their policy on the internet they had to publicly publish it now my law firm specifically and other lawsuits against Colorado Springs has had they have had different things added to this policy but apparently that wasn't enough so we had this line it will be added to the policy by July 1st now I must say personally you know we we proposed probably 15 different policy changes we're adding to it at least and this is the one policy that was agreed upon I must say I was I was personally aiming more for something along the lines of you know a police officer shall not detain someone for suspicious activity alone but rather suspicious activity of a crime or a reasonable suspicion of a crime you know that's what the lay out law already states in accordance to Colorado Revised Statutes title 16 article 3 subsection 103 but you know I mean it is what it is here's the thing though you know police are more trained to to know their policy than they are that's why they have law books that's why they have to go through and find codes because they're not trained to know the law as much as they are their policy so what it helps for that to be in their policy but you know this is definitely a step in the right direction so next we have by September 15th 2018 the city of Colorado Springs will create and publish a roll call video addressing the First Amendment right to record police activity and will require that its officers view the video by December 31st 2018 so yeah that's you know that's pretty self-explanatory and it's pretty awesome so basically by the end of the year every officer of Colorado Springs Police Department will be required to watch a video about our First Amendment right to record the police now since this happened on November 2nd I have had I've not had one problem hit the Colorado Springs Police Department as far as filming goes I have films pretty much every government building in this entire city from the courts filmed you know I filmed the department homeland scary TSA at the airport I've filmed every Police Department the Sheriff's Office I have not had one problem since that video came out and I would have to say partially that's thanks to you guys calling them and I will go out and say that we definitely don't need any more action as far as that goes but this video will help that even more so that you know even people recording a traffic stop I'm going to get hassled by police so yeah next we have the city of Colorado Springs will reissue a November 6 bulletins on public context is an annual basis for five years so basically two days after I posted the video after they got you know thousands of calls from you guys the viewers they issued a bullets and now the bulletin is a confidential you know it's an internal bolts and it's not requestable by Freedom of Information Act at least I was advised that by my attorneys but I can kind of give you the basis of that bullets in and it basically just addresses the first and second Amendment and it educates police officers on the first and second amendment rights basically says that well it doesn't say this but it kind of outlines that they can't detain people for exercising their First and Second Amendment right alone so that includes public photography freedom of speech protesting and open caring so that's you know that's that's a huge win as far as constitutional right to go here they are gonna be very very careful about detaining people for that kind of thing now I will also say that Colorado Springs has had issues in the past with open carry it is legal in Colorado but if you guys will call a little while ago a man was arrested for open carrying near acacia Park in Colorado Springs the whole thing with that which was actually taken by my law firm the arresting officer was enforcing a City Municipal Code the Municipal Code said that you cannot open carry in a public park now of that Municipal Code was repealed I would I think it was like a month or two before that arrest and the officer did not know so my law firm took that up and ended up losing in court because the officer was unaware that that code was no longer in place and I hear people saying all the time you know well ignorant of the law is no excuse it just goes to show that you know it kind of is with police officers sometimes but anyway you know open carry is illegal they are getting updated training on that it's not part of the settlement agreement but they they are definitely gonna be careful with that too so a huge win with the first and second amendment and yeah that's that's pretty much it as far as the requirements agreements of the settlement the rest is just personal information but yeah I've just I've been wantin to update you guys on that for a while now and yeah I'm glad I finally can you know I haven't even said you know hey I'm going to sue them oh yeah I did so I filed a complaint I believe I did file that on November 6th as well I'll have to check that but I got a letter I want to say two maybe three months ago from cSPD saying that basically it was still under investigation the file or the complaint I filed against them it has almost been seven months and I still have not gotten a letter now I mean we all kind of know what's going to happen with that 99 times out of 100 it is going to be basically saying that we investigate ourselves and found that we did nothing wrong and I don't know why in this case it has taken them seven months to tell me that probably just because of the possible lawsuit but yeah I do expect a letter from them is regarding the complaint now but anyway guys that's that's pretty much it as far as the settlement agreement they paid forty-one thousand dollars today today's the 23rd I'll be getting that check here in two days and yeah this is this is over and done with so I do have to say real quick you know no further action is required I've taken down the the phone number for their Police Department I don't want any more calls no calls are needed no more action as needed and I have to say that I don't condone people threatening anyone including police officers and I do not condone posting their personal informations on the internet so yeah guys that's about it for this when I get anything regarding the complaint I will I will update you guys on that but I just wanted to make a video kind of updating you guys so yep thanks for watching I will catch you guys in the next video [Music] you

Channel: News Now Colorado

Views: 936,192

Rating: 4.6719193 out of 5

Keywords: first amendment audit, 1st amendment audit, open carry, photography is not a crime, tyrant alert, film, the, police, cops get owned, know your rights, ftp, fuck the police, news now houston, cops get sued, lawsuit, case law, supreme court, colorado springs, vs, terrell clayton, $41000, mistake, settlement, agreement, litigation, police get sued, unlawful detainment, public photography, am I being detained, right to remain silent, tom zebra, violate rights, constitution, rights, liberty

Id: V1f8mrfw8_Q

Length: 12min 45sec (765 seconds)

Published: Wed May 23 2018

Reddit Comments

[u/SleezyD510]

I remember this video, glad to see a productive follow up.

One thing that always bugs me about shit like this is how this incident eill only force change for one department and one city.

It should be the state that sets policy for LE, and it should be the state who investigates wrongdoing and forced changes like this should apply statewide.

[u/ImInLoveWithMyBike]

I love that NNC had the follow-through to contact a lawyer. It's the only nonviolent way these scumbags will learn to respect our rights.

[u/TheOrlan]

How much of the settlement did your law firm take?

[u/noparticularpoint]

And no cop had to pay a single dime. Hopefully, though, the City of Colorado Springs will get the message that it can be expensive to hire ignorant thugs as cops.

[u/lawyered121]

This auditor really did a service to our Constitution and I think he deserves every dollar. When auditors simply upload their arrest videos for the views and thereafter don't pursue their rights under the law, that only helps to create a bad precedent that police will use to potentially violate other people's rights.

[u/jimibulgin]

Good job. Really putting yourself in harms way, but I appreciate your dedication.

[u/elfardoo]

Now find that fatass cop who assaulted you and rub it in his face

[u/gamergeek]

If they'd've just shot him nobody would have had to pay anything.

[u/zombi-roboto]

This seems like a good step towards the goal of holding Until such goose-stepping jarheads are held personally liable. this is nice" but ultimately not significant.

Edit: I think I was wrong. It is a solid step forward.

Law Enforcement Officers must be held to a higher standard. Each must carry essentially a "Law Enforcement License" that can earn points for infractions, is database-trackable, and for which there is a mandatory personal liability insurance policy. Too many infractions, boom, you're MallCop.