Officer Wants Lawsuit For Recording Traffic Stop

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers identification laws county ordinances and recording in public and is brought to us by rageh monkeys channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction I would like to invite you all to check out the audit the audit patreon page where all of the videos that YouTube or jex have a home join the ATA patreon community for only one dollar per month and enjoy exclusive uncut and add free episodes also be sure to check out the merchandise shelf just below this video for ATA shirts stickers and more now let's dive right in and audit the audit sometime between May 22nd and May 28th twenty twenty First Amendment auditor FL Gomez began recording a traffic stop outside of a Publix grocery store in Miami Florida the stop was conducted by Officer Brandon who and officer David Sanchez of the Miami Dade County Police Department okay Dixie Dixie what am I doing wrong fix it what's that from my violated legacy car you sergeant bro I will I want to take your name and badge number I'm talking to you see I'm taking I'm talking you take a seat no I'm singing with you I'm starting it right now thank you ma'am who's the sergeant Bennett a puppet who is it sergeant my sergeant you're gonna see him in a second you're talking six feet away please social distance I'm not going anywhere man you don't see I almost fell we're like I'm not going anywhere I don't have any ID for you have my name you just told you about my name I'll show you our follow me I am you just have your name I ain't giving you no idea I haven't done anything wrong this is constitutionally protected activity I'm not doing anything illegal I've done this [ __ ] all the time bro I laid it so what's the problem you know what's the problem no exactly there's no issue I'm not doing nothing wrong do your job bro car you soldier coworker you got to call the major called captain call it director call whoever you need a comment I haven't done anything wrong anything illegal hey David let that guy go I know he's certified five people in a man badge no please can you tell me what's tighter I violated the top in a second what do you need from me I'm a detained am I being detained sir am I free am I free to leave no in order for an officer to detain a citizen they must have reasonable suspicion that a crime is has or was taking place I have covered the topic of legal detentions in many of my past videos and I will not spend too much time on it in this episode but it is clear that nothing mr. Gomez did would suggest that he has committed a crime and there is no legal basis for his detainment it should also be noted that the MDPD officers abandoned a traffic stop to initiate an encounter with mr. Gomez without any evidence that he was involved in criminal activity Thank You number please I'm not going anywhere man you told me I'm not free to leave I'm not going anywhere you saw me I'm not free to leave what's your name a bad mother please I put the camera on my face with the camera name and badge number bro write their name and badge down the police who's the sergeant what was that you have a violated I didn't approach you bro I didn't approach I came over here or my man I did an approach he knows what he knows who I am he knows who he knows who I got with you right buddy I have it I did it I did an approach to it I didn't approach you I didn't approach you I'm allowed to record buddy I do it all the time I record all the time I record all the time let me talk I don't know who you are I have everything on camera good you're right you approached us recording I didn't approach you I didn't approach you I didn't approach you all right will statue how I violated I never said you violate a [ __ ] can you get your start in here please huh can you get your sergeant I need it can I speak to your sergeant haven't done anything I haven't I do this all the time now I record all the time time every sergeant every sergeant I've spoken to I go to the police station I record he knows me he knows my name it is not gonna get you anywhere what have I done wrong it's not gonna get you anywhere I understand where you're coming from but what what's illegal what's he legal what's illegal Polly if you tell me if I get a judge's order I won't do it but I haven't done anything it's not illegal okay listen call your surgeon I'm not gonna I'm not gonna deal with this I haven't done anything wrong no I haven't broken anything you need to you need to be six feet back you need to stand six feet back first of all I don't need a mask I don't need it back up please you social distance I haven't done anything wrong I don't need a matter of public I don't need a mass so you're the one who needs a match I don't need a mask if you need by your supervisor please call your supervisor please your sergeant I'm not giving you anything call your sergeant and I'll speak to him I'm not going anywhere I'm not going anywhere I haven't done anything wrong I have everything on cameraman I haven't good yeah that's fine thank you thank you I haven't done anything illegal you guys I don't know you so am I free to leave be pretty a second River do you know my name you just told me yo I don't I don't have to disclose that information okay you have my name already what else do you need car your sergeant and I don't have identification on me I don't need a mask what are you talking about man okay what law says on April 9th 2020 miami-dade County Mayor Carlos Gimenez issued the Miami Dade County emergency order 20-20 which dictates that persons working in were visiting grocery stores restaurants pharmacies public transit vehicles vehicles for hire and other locations where social distancing measures are not possible shall wear facial coverings as defined by the CDC given that this interaction takes place in what appears to be a Publix parking lot it is clear that the state's social distancing measures are easily adhere to and that emergency order 20-20 does not apply furthermore there are a litany of county ordinances that contain one to zero in their reference number none of which apply to wearing a mask in public and none of them are referred to as simply ordinance one to zero okay well says Department could be sued simply because I am not allowing you was to post my face your face is covered citizens have a First Amendment right to record the police in both federal courts and the Justice Department have recognized that right although the Supreme Court has not squarely ruled on the issue there is a long line of First Amendment case law from the High Court that supports the right to record the police and federal appellate courts in the first third fifth seventh ninth and eleventh circuit's have directly upheld this right the First Amendment also protects the right to film citizens in public with certain restrictions all citizens are entitled to a reasonable expectation of privacy which is sometimes referred to as the right to be left alone the reasonable expectation of privacy is an element of privacy law that determines in which places and in which activities a person has a legal right to privacy a citizens reasonable expectation of privacy means that someone who unreasonably and seriously compromises another's interest in keeping their affairs from being known can be held liable for that exposure or intrusion in order to make a claim that a citizen's expectation of privacy was violated the disclosure of a private matter must have happened when the plaintiff was in a place or situation in which the average person would be offended at being intruded upon such as at home or inside a telephone booth although someone may not have a right to seclusion when in the public view the law can still protect people from being portrayed in a way that could be considered humiliating or from having their private details widely broadcasted officer Sanchez is standing in a public parking lot and in uniform so it is highly unlikely that he would be entitled to a reasonable expectation of privacy even if he wasn't on duty at the time of this encounter can I have you back sorry please letting me know that if you post all right that's fine go right ahead bro i'ma get that i'ma get that camera footage your watch I'm gonna get that for public record what i'ma get it from public record coming on here recording that's fine but I'm gonna talk to I'm gonna talk to PCB it's not illegal to record it's not illegal to record I'm a journalist bro I'm allowed to record I'm a journalist I'm allowed to record I have a couple yes I'm allowed I'm allowed I'm I'm a journalist I'm I'm a member of the press I'm a member of the media I'm allowed to record I'm not legally required to sir I'm not legally required to no I don't I don't he knows who I am we just said my name I don't know who you are bro I don't you want even give me your badge number you you want even you won't even give me a badge number sir mr. Sanchez give me a because you're legally obligated legally obligated to sir I'm not legally obligated again I'm not leaving me obligated to give you my name I don't have to lie I haven't committed if you tell me what statue I violated I will give you my name I will give you my name on my date of birth but but tell me what's that violated that's not that's not a statute in the state of Florida unlike most states Florida does not have a dedicated failure to identify statute however Florida Statute nine oh 1.15 one states that whenever any law enforcement officer encounters any person under circumstances which reasonably indicate that such person is committed is committing or is about to commit a violation then the officer may temporarily detain such person for the purpose of ascertaining their identity this statute is based on the tairy doctrine and incorporates an officer's authority to both detain and identify suspected violators into one law the language of the statute also suggests that while the officer may detain a suspect in an effort to identify them it does not state that the suspect must present an identification card generally a name and date of birth will serve as a form of identification both of the officers on the scene of this encounter have stated that mr. Gomez has not committed any crimes and it is clear from the video that this is true therefore ms gomez is not required to identify himself and the officers are not entitled to his identity simply because they do not already know him yes sir so you really want to talk to my sergeant right yes sir how bad you want to talk to my sergeant I don't know I'm afraid to leave you're free to leave if you want talk to my sir I'm friendly I know if I want to talk to your sergeant you are talking it's gonna be oh wait probably about thirty minutes maybe more hey buddy you down man I am doing my job so I can't leave until I speak to sergeant it's your choice if you want to stay and make a scene no no no it sounds cool if you say obey and mind your business you can do that too so how much am I free to leave yes thank you yes I already country right thank god bless america have a wonderful day hey thank you for walking that way please my vehicles over okay I'll walk to your vehicle sir thank you guys thank you customer service walked into vehicle sir okay thank you carry on shortly after returning to his vehicle and exiting the parking lot the MDPD officers initiated a traffic stop on mr. gomez and detained him on the side of the roadway for nearly an hour before eventually releasing him without any charges or citations the officers never informed mr. Gomez of why they initiated the stop mr. Gomez stated in a comment that he did in fact file a formal complaint against the officers but has not been able to locate an attorney that was willing to take on his case overall officer who and officer Sanchez get an F for abandoning a traffic stop to instigate an encounter with mr. gomez illegally detaining mr. Gomez and following and harassing mr. Gomez after the interaction perhaps one of the most appalling aspects of this encounter was the amount of time and resources that the MDPD devoted to interacting with mr. gomez only to allow him to go free in the end the average annual cost of a police officer is just under a hundred and fifty thousand dollars and the United States collectively spends approximately 100 billion dollars per year on policing as a whole which comes to a figure of approximately 1.1 million dollars per hour as a nation we simply cannot afford to waste tax dollars on harassing citizens who have committed no crimes an officer who and officer Sanchez are a testament to the results of that spending it is clear that ego played a major role in the of the officers and given that mr. Gomez was never charged with a crime or cited for a violation it is also clear that this interaction was a complete waste of time mr. Gomez gets a b-plus because although he did remain calm and invoke his rights appropriately he failed to make use of his right to remain silent engaged in a pointless banter with the officers and afforded the officers the opportunity to make a traffic stop while mr. Gomez did not say anything particularly provocative it is extremely important to bear in mind that anything you say to an officer can be used against you later in the courtroom and it is always best to remain silent as much as possible and within reason as discussed in the previous episode of ATA traffic infractions are so dense that it is nearly impossible to adhere them all and it would not be difficult for officer who and Officer Sanchez to justify their traffic stop if it were to be challenged in court all that said mr. Gomez did a decent job of maintaining his composure throughout the encounter and I commend him for his civility and vigilance let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to Like and subscribe for more police interaction content [Music] you

Channel: Audit the Audit

Views: 1,148,724

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: fglIuAKOfDQ

Length: 15min 31sec (931 seconds)

Published: Mon Jun 29 2020