Journalist and Police Dispute FOIA Request at Public Building

Excuse me?

You can stay right there.

I don't need to approach you.

No, you can stay right back there. You can walk back that way.

Ma'am, can you-

You can walk back that way.

Yeah, I will walk-

Keep walking back that way.

Can you deescalate a little bit? 'Cause I feel like you're trying to just

exert

your authority over me, and I don't like it.

I'm not. I'm speaking to you in my normal voice.

You have no authority over me. Okay?

Actually, I do.

I'm in a public building. I'm conducting lawful business.

And they're asking you to leave.

I'm conducting lawful business. No, they didn't. That's a lie.

Yes, they did.

They did not ask me to leave.

They asked you to leave, and they said that you

are no longer allowed to be here.

I'm conducting bus- I'm conducting business.

So therefore, you need to leave the location.

I'm conducting business. I'm doing a Freedom of Information Act

request.

They asked you to leave.

So you're saying...

And that-

Can I get a supervisor here?

Right here.

The one right there.

Hi. I'm conducting lawful business.

I'm an independent journalist exercising my freedom of, freedom of press right.

Okay.

It's a right, not a privilege. Freedom of press.

This is a public building. You guys have one, two, three, four,

five officers here,

six including yourself, Sergeant.

Okay.

It's completely uncalled for. I'm trying to conduct business.

Okay. What is your business? What are you trying to do?

I'm doing a Freedom of Information request.

Uh-huh.

Which is a law.

Okay.

And I'm also gathering content for a story.

Okay.

Right now, we were called here by the people who work

in this office building.

Okay.

They are concerned for their safety and their wellbeing that there

is somebody in

here. They've asked you to step out and to leave, and to ask you-

They did, they did not.

Right here.

I have it on camera. They did not ask me to leave.

Okay. Well, that's what they're relaying to us.

Okay. It's a lie.

So that is why we are here right now.

I'm not gonna have a he said, she said battle right now.

I'm gonna tell you that is why we're here right now.

We are gonna conduct our investigation.

That's fine.

Okay.

Conduct whatever investigation you'd like.

I'm going to ask for your ID because we do need to know who we're speaking with

right now.

You're gonna ask for my ID.

That's our... Yes, I am.

So in, in order-

That's part of our investigation.

Okay. In order for me for... I just wanna just...

I, I, I listened to you, so I would ask you to just listen to me.

I don't need to assist you in your investigation.

I don't work for the police department.

Uh-uh.

I don't wanna assist you in your p- investigation into me for whatever reason.

Do you have a crime that you suspect me of committing?

We are here, we are here on an investigation of the

complaints, yes.

Do you have reasonable articulable suspicion I've committed a crime?

We're not saying that you committed a crime.

We are here to investigate a complaint right now.

So if you have a, if I, if you're saying

that I haven't committed a crime, then I

don't have to provide you my ID lawfully, so I'm not going to.

Okay. Then I'm gonna ask you to step out of this

building and to leave this

building.

I'm conducting business, ma'am.

Okay. At this point you are asked that, that you are not allowed welcome here

anymore, and we are going to ask you to leave.

But you can't stop somebody from recording.

You can't stop somebody from, from gathering-

I never asked you to stop recording. That is not what I've asked you to do.

I asked you to leave.

You're asking me to leave the, a public building, ma'am.

Yes, you are no longer welcome in this

building.

Can I get your name?

My name is Sergeant Mayer.

Sergeant Mayer, and your badge number?

Yes, 456.

456. And are you telling me that if I don't leave this building you're

going to

arrest me?

I'm telling you right now that you're going to leave this building,

yes.

No, but I just, I just wanna know-

I just told you. I said I'm not going to, to argue with you back and forth.

Let's step outside.

Are you an attorney, sir?

This is, this is actually our house counsel.

I'm his supervisor.

He's house counsel.

I am an attorney, but I'm not here in that capacity.

Okay.

Can I just walk down the hall so we'll have some privacy?

Sir, maybe, maybe, maybe I can speak to you and we can,

we can come to a better

understanding here.

Well, not if... I'm not gonna speak to you

while you're filming me.

You're free to film me, but I'm not gonna have a discussion on

camera with you.

I'm an independent journal-

That's fine.

Yeah, but you're violating my... But your officers, you're the supervisor,

so I

just wanna let you know you're opening yourself up to civil,

and you said you're a

lawyer. You're opening yourself to civil li-

litigation.

All I'm doing is I'm peacefully filming. I'm not bothering anybody.

I have to do a FOIL request with the town clerk's office.

I have official business here. I'm exercising my constitutional right.

That's all I'm doing peacefully, and you're gonna kick me out of a public

building?

What's-

I'm gonna ask you to give me one minute.

Okay, great. No problem.

You guys really don't have nothing better to do?

One, two, three, four, five, six, seven, eight

officers for one man with a camera. I'm not a bad guy. I'm not,

I'm not nefarious.

I don't have any ill intent here.

I don't understand. What's the big deal?

Somebody can't film. You have cameras.

One, two, three, four, five, six cameras all over this building.

What's the difference?

I don't understand. Seems like a big waste of resources for

your city here.

Really does.

Really does. Can I get your name and badge number?

Officer Winter.

Since everybody wants to be here. What is it?

Officer Winter, like the season.

Okay. Can I get your name and badge number?

Wright.

Wright here? Is that R-I-G-H-T?

Wright.

Oh, okay.

Huh?

Simpson, 524.

This is a shame.

Hi, can I get your name and badge number?

Yes, sir. Arrington, 549.

Thank you, Arrington. Appreciate it.

Yes, sir.

Can I get your name and badge number, sir?

Huh?

Can I get your name and badge number, please?

I didn't hear what you said.

Can I get your name and badge number please?

Oh, yeah. Uh, my last name's Mitchell.

Mitchell?

Yeah.

And your badge number?

496.

Thank you, Mitchell.

Can I get your name?

No, I'm not gonna give it.

Why not?

I'm in-

What are you here for? I just showed up. I don't even know what's going on.

I'm, I'm, I'm in fear of retaliation, so I'm not gonna give my name.

It's my Fourth Amendment right.

Oh.

No, I'm just here, I'm an independent journalist gathering

content for a story

doing a Freedom of Information Act request. That's all I'm doing here.

Why'd they call us?

I don't know. Because I'm, because I have a camera in my hand .

Wow.

I don't know, man. Doesn't make sense to me either.

Doesn't make sense.

You don't need to step on the curb.

Excuse me?

You're all right here.

Am I, am I being detained?

You are being assisted for investigation purposes.

Am I being detained?

You are temporarily being detained as we, as we commit for our investigation.

Okay. Unlawful detainment.

You can call it how you want.

It is an unlawf... You have to learn the law.

If you're gonna uphold the law, you took an oath to the Constitution.

Freedom of press is part of the Constitution.

You have to, if you're gonna uphold it, you have to learn it.

This is an illegal detainment. You can't detain me unless you've c-

unless you

suspect that I'm committing a crime.

This is all things you should've learned in the academy.

And as a supervisor, I think that's, you know, you should really know.

You cannot detain somebody legally without you having s- uh,

suspecting me of committing a crime.

This is ridiculous.

We're good, guys. We're good.

Thank you. Can I get your name, sir?

Can I get your-

Lieutenant Dolan.

Lieutenant Dolan. Thank you, Lieutenant. You guys are dismissed.

Please don't detain me unlawfully anymore.

No one's detaining you.

You suspect him of doing anything wrong in your building?

She... No, no, no, no. No.

I, if he's not doing anything illegal or dangerous or disruptive-

Exactly

... that's fine with me.

It's, it's my right to be in this building.

All right.

As long as he-

This is a taxpayer building

... follows the rules, then-

This is a taxpayer's building

Okay. Well, you're okay to leave.

Thank you very much.

And, and by the way, she did detain me.

Oh, okay.

Just so you know. Just so you know, it's on ca- it's on, it's on camera.

She did detain me.

Okay. Well, I'm not gonna do anything-

So that's an unlawful detainment

... I'm not gonna do anything with you, but-