Monday, April 06, 2009

Some more information on this morning's incident

The video of my being rousted this morning has crappy audio, especially near the beginning of the clip, due to the large amount of traffic noise.

Fortunately, I had a backup audio recorder in my pocket attached to a lapel mike, and the audio downloaded from it is much clearer. I took the liberty of transcribing the garbled portion of the video, noting in bold just where I was informed that I was not free to leave and go about my business:

Guard 1: Good morning, sir.

Me: Good morning.

1: Are you just doing meter checks, or are you videotaping the, uh, building?

Me: I’m a private citizen standing on public property.

1: I know but I’m just asking you a question – are you videotaping the building?

Me: I’m kind of busy right now; I’d rather not answer any questions.

1: You’re not under arrest or anything.

Me: Well, then I’d like to go about my business, thank you.

1: May I see your driver’s license or ID please?

Me: I don’t have any on me, sir.

1: You don’t have any on you?

Me: I’m free to go, correct?

1: Not yet.

Me: Am I being detained?

Me: Am I being detained?

1: Are you being detained? We just want to ask you a question – are you videotaping the building?

Me: Sir, you didn’t answer my question – am I being detained?

1: Are you videotaping my building?

Me: Am I being detained, sir?

1: No sir.

Me: Then am I free to leave?

1: You are free to leave.

Me: Thank you very much, sir.

1: If I catch you videotaping the building again, you will be arrested by the Phoenix Police Department.

Me: On what charge, sir?

1: On the charge of – we’ll, we’ll talk to the Phoenix Police Department about it.

Guard 2: You’re not supposed to videotape any Federal courthouse.

Me: Uh, what law- ?

2: National Security Act.

1. Oklahoma City, that’s why

2: It all comes under Homeland Security and all that.

1: Yes – if you want to talk to our Homeland Security people we can arrange that right now and we will detain you.

Me: Am I free to go, sir?

1: Go.

Me: Have a nice day.

1: (Walking away) I know you’ve got it on; turn it off.


I did no such thing, and he knew I did no such thing as I hung around while filming for another 8-10 minutes, but no arrest resulted.

Why not? Because he knew that I had broken no law, and that if he did turn the cops loose on me, he was facing one heck of a false arrest suit.

Much more on this tomorrow.


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