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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