Officers Detain Citizen For Wearing a Mask

[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 public photography anti-mask laws and terrorist threats and comes to us from 10-point programs channel be sure to check out the description below and give them the credit that they deserve before we dive into the episode I want to tell you about a great way to earn extra cash and gift cards from brands like Amazon Walmart and Target through today's sponsor Point Club being an independent journalist has its financial ups and downs but Point Club can help fill in the budget when times are tough you can watch videos play games take surveys or shop online to earn rewards and if you click on my link in the description you'll get a free $5 when you take your first survey thanks again to Point Club for sponsoring this video on January 23rd 2020 youtuber 10-point programs 7:03 conducted a first amendment audit on a public sidewalk in Prince William County Virginia after spending approximately two hours taking photos of various county owned vehicles and property TenPoint program is contacted by Officer Walsh of the Prince William County Police Department hey you have ID on you sir sir do you have ID on you please don't repeat my way of walking please no sir if you're taking pictures of everybody I need to see you some ID so you're welcome do you have ID on you sir you're repeating wonder stand that I need see your ID sir thank you sir I need to see your ID sir I need to see your ID I'm not giving any IDs you're taking pictures of County vehicles I need to see your ID sir okay so what is it legal about being a four-top no no you're being a photographer I don't know what you put your I don't know what the purposes of your big pictures of counting vehicles are for so you were at the courthouse yesterday photos as well right but what is the purpose I see your ID sir I don't have an ID on me sir you have nothing on you you can't right now I hate the reason why can I see you talk to you real quick because you're taking pictures of County we're gonna complex I don't want to talk it I didn't you knew stand right here was make sure that you're not wanted for something how about that stamp stand right here for me please don't move sir stay right here notice that Officer Walsh states that the reason for contact is because of 10 points photography while it has been clearly established that photographing government buildings is not a crime it can still be considered suspicious activity in certain circumstances and warrant an investigation by an officer it is a common misconception that officers must be able to articulate a specific crime they suspect as being committed in order to detain a citizen the Terry V Ohio case which has served as the pinnacle doctrine for police interactions and reasonable suspicion dictates that an officer must be able to articulate specific and objective facts which lead the officer to suspect that some criminal activity is occurring or has occurred under the Terry doctrine courts consider the totality of circumstances involved in any police interaction to determine whether an officer's detention was reasonable I have made a video which explains reasonable suspicion in more detail which I will link in the info card above it is difficult to say whether 10-points actions satisfied the reasonable suspicion requirements of the Terry doctrine and courts generally consider interactions involving illegal detentions on a case-by-case basis what am I being detained for sir you're taking pictures of County vehicles and county buildings ok so is that a crime right now you need to identify yourself to the police if we're stopping to talk to you yes you need to identify yourself to me is that a crime you need to identify yourself to me that's gonna be a crime let me get your idea where you live at and then live where I live and why should I tell you where I live because I am stopping to talk to you I need to see your ID so you just stop and ID your [ __ ] photos of government buildings and government property ok so I need to see your ID all right and that's a crime I need to see your ID to figure out who you are and plus your cover your face in a public place Virginia Code 18.2 - for two - prohibits the wearing of masks in certain places which includes any public place you may be thinking what about the motorcycle officer on the scene and TenPoint made the same observation but the law excludes masks worn by those who are engaged in professions where wearing protective masks are deemed necessary for the physical safety of the wearer it is likely that most courts will agree that the motorcycle officers mask would fall under this exception the history of anti mask law stretches back to the mid 1800s where in 1845 the state of New York legislated against appearing quote disguised and armed but most anti mask laws were enacted in response to the activities of the Ku Klux Klan and much of the relevant case law has rendered mixed results for example in the 1999 Indiana District Court case of American Knights of the Ku Klux Klan V city of Goshen members of the Klan argued that removal of their masks would subject them to harassment and thus hinder their ability to advocate for their cause the court ruled in favor of the Klan and struck down the city of Goshen's anti mask law but five years later the Second Circuit Court held that harassment of Klan members was irrelevant because the Constitution guarantees only the right to speak not the conditions under which one speaks in the case of Church of the American Knights of the KKK v Carrick in most anti mask cases involving the KKK courts have held that protecting citizens from the clans intimidation was a more compelling state interest than preserving the identity of Klan members anti mask cases not involving the KKK have had a more favorable response from the courts but most anti mask laws are careful to use neutral language that avoids targeting specific groups explicitly approximately 15 states and countless counties in moon polities have anti-mask laws on the books many of which have not been challenged in court given the recent higher court trend of upholding anti-mask laws it is likely that Virginia Code 18.2 - for two - would be ruled constitutional if challenged but whether or not 10-point is actually in violation of the code is questionable nonetheless the code does provide the officers with reasonable suspicion to detain and identify 10-point and after a lengthy banter between 10-point and officer walls eventually officer Gardner arrives on the scene and expresses his concerns so you understand our concern today I don't understand your concern sir what is your worry I missed the beginning of its I don't want to see third party what it boys root the purpose will be named I'm just taking pictures okay we do you take a picture I'm just taking pictures okay you're not taking pictures correct is there any reason for my own use for your own use yes okay so we talked to her supervisor they told you about the mass that's why you can understand our concern right when people are out taking pictures of governor abilities or cruisers you understand is law enforcement why we get concerned about that right no you don't you don't see what you don't see any concern on that no I don't okay well there's I think most people would probably agree that it's concerning if people are coming up and taking pictures especially this day and age what do you mean by this day and this days there's like there's Wars and stuff going on and people plotting and Boston Marathon bombings and stuff like that so the post 9/11 era assured in a new dawn of civilization have become accustomed to the dominating syndicates of mass media have built a contextual narrative that suggests that terrorism is a prevalent threat to American citizens and that all Americans should be aware of possible threats of terrorism and suspicious activity since the September 11th attacks there have been around 75 documented terrorist attacks on American soil resulting in approximately two hundred and fifty three deaths those attacks include the 2016 Orlando Pulse nightclub shooting in the recent El Paso Walmart attack those two instances alone make up 72 of the total deaths associated with domestic terrorism averaging those numbers over the 19 year span between now and 2001 results in about four attacks per year and 13 deaths in a 2012 study the CDC found that an average of 135 deaths per year can be attributed to non-venomous animals statistically speaking farm animals pose a greater threat to Americans than domestic terrorists although these statistics do not shed light on the spectrum of circumstances surrounding domestic terrorism or non-venomous animal attacks the point is to highlight the effects of mass paranoia and gaslighting tactics that mainstream media outlets have consistently used to garner clicks and views throughout the years domestic terrorism is a serious concern and remaining watchful for potential terrorist activity is a legitimate task undertaken by all members of law enforcement but the fear tactics of American media outlets have in some instances eclipsed to the liberty of law-abiding citizens to a concerning degree and Americans must ask themselves where they draw the line between the freedoms protected under the four amendment and the potential threat of an attack after officer Gardner fails to reason with 10-point the commanding officer sergeant Hill arrives on the scene and reiterates the concerns of the other officers what is your purpose I'm a photographer and the last thing I knew this is public property yes it is cold they are taking pictures of the building they're not sure if you're being a photographer or if your person being a person that is doing a setting up for either an attack or reconnaissance for whatever malfeasance that certain individuals might do am I allowed to go no you're under investigation right now trying to pull a card for what crime sir your suspicious activity okay so it's vicious activity a crime and mr. Hill it's suspicious certainly your detain because you're wearing a mask in public and refusing to identify yourself because right now the charge was the wearing the mask in public and you rising to the level of disorderly conduct and destruction of justice we don't want to do that we want you to be able to walk and take your yes sir have I've described as I've been talking to you in a very calm matter how about I been have I raised my voice at you sir no but you've no balls in any disturbance within the public because everybody's watching what you're doing here they're also obstructing justice because we're not able to do our investigation those are the two things eventually TenPoint offers his name to the officers but refuses to surrender his date of birth or any other supplementary information and is subsequently arrested and taken to jail TenPoint was charged with wearing a mask in public which is a class 6 felony and obstruction of justice and spent five hours in jail before being released with no bond TenPoint posted an update video a few days after the interaction stating that he intends to acquire an attorney to fight the charges against him and has submitted a FOIA request for the body cam footage of five of the officers involved in the interaction 10 points court date is set for the 24th of February overall the officers of the Prince William County Police Department get a C because although they may have been within their authority to stop and detain TenPoint they're unprofessional tactics and accusatory candor devolved this interaction into a senseless and unnecessary arrest while public photography of government buildings may grant officers the ability to stop and investigate a civilian it does next to nothing in the way of preventing a potential attack arresting an individual for taking photos renders no evidence of an attack and the behavior of these officers only serves to further the frustrated philosophies of a potential attacker a friendly and unassuming approach to this encounter could have produced a dramatically more productive outcome to this interaction and an overzealous enforcement of Virginia's anti-mask law only leaves law-abiding citizens to suffer the consequences the Prince William officers would do well to integrate a layer of community policing into their everyday interactions with civilians TenPoint program also gets a C because although he was exercising his First Amendment right to public photography he was lawfully required to present identification for violating the anti mask law whether or not TenPoint was in violation of the anti mask law is for the presiding court to decide but the officers were within their authority to detain and identify him based on their interpretation of the law 10-points refusal to cooperate was based on a misunderstanding of the law and that misunderstanding ultimately led to his arrest it is important to consider all of the applicable laws at the federal state county and municipal level before carrying out a First Amendment audit and ten points lack of due diligence temporarily cost him his freedom it will be interesting to see the outcome of 10-points case so be sure to subscribe scribe to his channel to stay updated 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]

Channel: Audit the Audit

Views: 1,088,094

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: ekExZ7lC_Do

Length: 15min 23sec (923 seconds)

Published: Sun Feb 02 2020