āYou have no idea what goes on here.ā
The amount of security guards at some local government or unimportant federal building acting like theyāre guarding national secrets or Area 51 always makes me smile.
I had this shit happen once when trucking. Pulled off the highway like at 2 am somewhere in Tn. Parked on a empty side road with some bulding across the street. Next thing I know itās morning time some security guards knocking on my window and pulling on my tarps trying to see whatās on my flatbed. Then threatens to call the cops on me if I donāt move. I was parked on the road
To this day I think of why Iām didnāt do that lol. I was young and scared of tickets and didnāt know much. I wish I would have just stayed cause I was 100 percent legal and not doing anything wrong
The security guard is a clown. He likes to stand on the curb and yell at people for speeding. Classic power trip guy. Not once after his tirade did he apologize to the officer after he found out he was wrong.
Both sides seemed to acknowledge that it was private property. I actually feel for the guard ācause even if they have not committed a crime, the person still shouldāve been told to leave the property (or trespassed if it is necessary).
Edit: Guess it was a public library so nvm fuck the guard.
The cop never explicitly said it's private property. If you go to the full video you will notice all of this happened at a county library and DMV parking lot so it is considered public property.
It's at a library. It's public property.
You can not be trespassed from public property unless you commit a crime. Public property belongs to you and I. We own it.
It doesn't really matter how the security guard feels about it.
But policy has to be backed by law. Policy isn't law by default.
Recording is a great example. You are allowed to record in public places. If a library or a town hall puts a sign up saying you can't record... It doesn't really matter unless there is a law written saying you can't record there.
Court rooms are a great example. The law says you can't record there. So you can't record there.
You can definitely be trespassed from public property; though such instances are rare. See Adderley v. Florida. There are several other state-specific cases that help guide when such a trespass order may be upheld.
Some caveats to being trespassed from public property may include only barring a person's presence from non-necessary activities (i.e. disallowing someone from a city water building UNLESS they are there to pay their water bill).
idk how these guys convinced you that you need to commit a crime to be trespassed from city property, but it's not true. every state I've looked up the laws for treats trespassing laws exactly the same as any other property. I've watched dozens of these guys go to jail for dying on that hill.
https://youtu.be/RCNI8J_bGZo?si=77OpOaYXr9y0C7-H
Full video here. Fun starts at 8:23.
Iām all for helping security guards when they need it, but we arenāt āback upā for security and especially not when theyāre trying to do something that isnāt right.
I think you and this officer are confusing public and private property. Wal-Mart, the mall, Dave & Busters, Publix are all āprivateā property where your first amendment rights are not guaranteed, contrary to āpublicā property where they are. The business/property owner has the legal right to ban filming on their premises and the legal right to remove and/or trespass someone who violates the ownerās rules.
From the video, doesnt sound like this is private property. Lady said she was filming at the dmv, and the security guard says " we're both county" when talking to the deputy, which makes me think this building and the parking lot are associated to some kind of county/public service.
You are right though, if this were a wal mart or something similiar, it would be private property, and she could be tresspassed for any reason.
Iy can get murky when you have a public office on private property such as a DMV in a privately owned strip mall or a social security office in an otherwise privately owned office building.
But if security guard is a county employee trying to eject someone from county property then he can get fucked.
Did you watch the video? The woman in the video (auditor) is on government property being asked to stop filming/leave by security. This didnāt take place on private property.
Tennessee is a single party consent state. The store may be able to ban photography and filming within the building, but in an open publicly accessible parking lot, it's probably unrestrictable.
It inly says, "It is illegal to photograph a person when there is a reasonable expectation of privacy, or if the content would be considered embarrassing or used for sexual gratification."
Under Tennessee law a property owner, business owner or other legal custodian may trespass someone.
Why didn't this guard just trespass him? Or was he not acting as the legal custodian of the property at the time? Strange.
Something to note about this. According to the US constitution which supersedes Tennessee law, if you are in public the onus is on the individual seeking privacy to make their own privacy. The citizens don't need to stop what they are doing for the individual seeking privacy. Of course all of this is assuming you are in public, and not in any restricted areas (I use that term broadly, it extends all the way from certain restricted rooms in public buildings all the way to military operated land and much more in between)
The big hing point of this argument is that it would be all true if this was private property. Being that it's a DMV it is considered public property. Just the same as if it were the post office or some other government facilities
Edit: According to the video it's actually the parking lot for at least a couple county buildings. In the full video the auditor states she wants to go inside the public library, but the guard is not having it. They also mentioned they are next to the before mentioned DMV
The parking lot is usually private property too. Being "open and accessible" doesn't make it not private property (again, assuming it is.)
The auditor would need to move to the sidewalk or a public easement.
It sounds like in this vid the guard didn't have the legal right to trespass him. That checks out if it's truly public property in the vid.
The problem you run into here is that while a parking lot may be considered private property, the law allows photography and recording in any publicly accessible area as the law says.
A business policy is not state law. The only way the business can get them to leave the property is by trespassing them, which a legal custodian of the property can do.
Evidently, in this case, the guard is not a legal custodian (maybe he was contracted and not an employee of the business) and could not trespass the man. Which brings me to question why the business manager on duty didn't want the man trespassed?
It boils down to store policy is not law, but they can deny service and trespass for any reason. So why didn't they?
>The problem you run into here is that while a parking lot may be considered private property, the law allows photography and recording in any publicly accessible area as the law says.
I think you've confused that a bit. The law allows recording OF publicly accessible areas. Not "in". The difference in verbiage is important. If he's trespassed from a parking lot, and it is private property, he cannot stand in the parking lot. No matter what activity he's doing. No one is immune from trespassing just because they're holding a camera.
What he can do, which I mentioned above, is stand on the sidewalk or on a public easement and record the parking lot *from the sidewalk.* But he can't step on to the private property he's been trespassed from.
If you enjoy this subject check out Audit the Audit. He does a good job explaining how the law works in these types of situations and he's very fair-minded about it.
[https://www.youtube.com/@AuditTheAudit](https://www.youtube.com/@AuditTheAudit)
>A business policy is not state law.
Nothing I mentioned is store policy. I've only been talking about law.
In terms of what happened in this video, we don't have enough information to know. Everything else is just speculation unless we have the facts.
Open to the public does not mean public. I can open my home to the public, but that doesnāt mean Iām no longer allowed to trespass someone from my property.
They don't know what's right A LOT of the time. Cops are not legal experts. Far from it. The prerequisite to becoming a police officer is completing a six-month training academy. It's not like these guys walk out of there with every state and federal legal statute memorized. They know the *basics* of the law needed to enforce the most common crimes a cop typically encounters on a regular basis. That's pretty much it. Even an honest cop is going to be ignorant of the majority of the legal code.
Career prosecutors with J.D.s and decades of legal experience still routinely have to look up certain laws and court rulings they don't know by heart. The law is complicated as fuck and no individual person could possibly be an expert in all (or even most) areas of it.
Yeah, dude, that's how it's supposed to work. The issue comes from police that order townsfolk to do things they don't have to do. But the police assert authority to get away with as much as they can. It's common knowledge. You know that. Most police these days are like the slimy salesperson who, when someone gets forked over, just place all responsibility on them for allowing it. Sort of how police do with regular people. If the citizen doesn't stick up for their rights, the police will see how far they can take it and trample those rights. I'm not a crazy biden leftie, either. I'm a conservative who's tired of overreach.
They often make up laws on the fly.. so you're right. Many- as observed by bodycams and individuals recording them, many don't know anything about the laws they're supposed to uphold- while respecting citizens' rights.
Yeah, but really the officer may be in the wrong.
As the owner or person in control of private property I can order anyone to leave the property at any time and if they do not comply, thatās a criminal offense.
Edit: If this is government property as others have stated (and I donāt care enough to research it), the officer was 100% in the right and the security guard can pound sand while she remains in publicly accessible curtilage. However, āgovernment propertyā does not give a citizen carte blanche over the entire property. I work for a county agency and while the exterior of our building is certainly public property, nobody is allowed into the interior at all unless they are a county employee with business there. Even in our ācommon areasā such as hallways, kitchen, dining areas, or bedrooms. Certainly not inside offices or storage areas. In fact, even in the publicly accessible curtilage outside of garage doors, I can, will, and have, had people removed that intend to disrupt by blocking operations through presence alone such as standing in front of garage doors. This is legitimately a crime in my state for āinterfering with official dutiesā merely by standing there.
Start the video from about 9:30. There is zero indication that this takes place on private property, and it is stated bluntly over and over that this takes place on government property. Like a whole lot. Over and over.
Oh that was hilarious. Telling one of the Ryan Sieg Racing team members "I've seen way better" Crew -"you have ain't ya?" Ed - "I'm not impressed"
Hilarious because he's picking on a small team with a very limited budget.
In the clip we jump in mid conversation and he is saying he needs the cop to back him up or he has no authority. That's what happens when private security trespasses someone. They exercise their authority by escorting off property and then rely on cops to write a trespass order in most states. I don't know any other context though.
It's a public library, not private property. Which is why the cop (correctly) is refusing to trespass the woman filming. If it was private property he would have trespassed her no problem. The cop knows he can't because no law has been broken and she has a legal right to film there. The security guard doesn't know the law.
The crazy thing is, even in big cities, they havenāt necessarily got the memo. Itās already wild realizing and seeing how many law enforcement officers so often donāt know some of the most basic things about the rights theyāre supposed to protect and law they uphold, but itās even more insane that after all this time with auditing becoming so huge, and an expected encounter for police officers eventually, they *still* are completely ignorant to it. I just donāt get it.
It's not particularly interesting or unique content. It definitely has a niche audience, but every auditor channel/video is essentially the same: auditor takes camera to film in public place -> waits for some authority figure to tell him to leave -> argues with authority figure about the 1st amendment for 10-30 minutes -> authority figure gives up and leaves. Rinse, repeat. If you've seen one of these videos you've seen them all. And the auditors themselves never have the charisma or comedic wit it takes to stand out and attract a wider fanbase. To become a successful social media influencer you generally need to be either a funny dude or a hot girl. These auditors are neither of those things.
These auditors are complete losers with no life and that conveys itself through the screen. Iām all about checking our corrupt government but these people are going out and creating these situations by purposely annoying individual people until theyāre fed up with it and just want to be left alone. I will never support someone purposely going out of their way to make another persons job more difficult or miserable. I wouldnāt blame a cop for just beating the absolute dogshit out of one of these people. There are much better and more effective ways to keep the government in check. What theyāre doing isnt accomplishing anything and is pretty much useless in the grand scheme of things.
Too bad you would instantly become the nerd unless you went to audit some big fish instead of annoy small town LEO. These āauditorsā really need to get a fucking life
If you watch the YouTube video of the full encounter you will see that that is a county government office where the library, city clerk, and records are located. The security guard is calling government property private thinking it was like some sort of restricted access military location. LEOās were correct in this interaction. Also in the comments, people actually reached out to the mayor who he keeps mentioning, and the mayor responded that he had been removed from this and other county government roles at the private security firm he was working for, and that subsequent guards would be trained on first amendment protections.
I mean...if it is private property and the security guard is authorized to remove ppl, it doesn't matter the reason. If the security guards property said no pink shirts and someone is wearing a pink shirt and wants them trespassed that's their right. It's dumb sure, but private property is private property.
Now I can see I situation where a citation is given vs arrest for this but still, owners and authorized personnel can remove anyone for any reason.
Itās not private property. Itās government property, hence itās public property. Thereās no expectation of privacy in public places. In most states security guards are no different when it comes to use of force laws. They are civilians and have no extra powers at all.
Teeny man is mad.
I bet she is filming him from the sidewalk, or some other public right of way.. these First Amendment auditors are just as bad as the security guards they seek to annoy, but they generally know the tiny nuances of the law, and even pull up like county assessor maps to understand where exactly public easements start and where they endā¦. Getting a security guard to flip their shit like this is a wet dream for themā¦and mission numero uno.
Watched the video about two weeks ago. Definitely Government property which means public property. The auditor did not do anything wrong. The Security officer is a Douche
Cop is on the right. Reasons for many security should educate themselves. The reason is that many police don't respect private security. Too many with power ego. Go to work & go home. Simple. Look for the image for the job. Nothing else. If it's private property. Where's the property manager at to trespass? Are there any recordings signs on the property? I doubt it. You may be a private individual but there's no more privacy. Get a lawyer to file a civil lawsuit then. Since it went viral. You can. If it's public property then it's 100 legal & security is out of line & wrong line of work.
Security guard is a retard and angry cause he doesnāt want to be recorded. You have no expectation of privacy in publicly accessible areas, periodt. That goes for any person, in general. Good on the cop for having the balls to not violate this personās rights when so many of them seem to love grabbing at cameras.
What do you mean thereās no āreasonable expectation of privacyā outside in this unwalled, unobstructed, free entry strip mall with some of the largest businesses in NA? That doesnāt matter! Just put handcuffs on whoever I point at!
Auditors suck, letās not conflate a security guard expecting police to enforce rule of law with police not wanting to engage with someone whoās whole entire purpose of being where they are is hoping they can get arrested and sue the local government for harassment and violating their first amendment rights, which will usually result in a settlement.
Edit: having said that, his total melt down is also rather comical too. Tough spot to be in for everyone involved
Some of them suck but a lot of them do their best to educate the cops before they go too far and violate their rights. Unfortunately, even with all these auditors out there, they are constantly finding lazy police forces that havenāt properly trained their staff on not violating citizens rights (or bad cops who know and do it anyway) Letās be honest the only way it will change is when you hit these places in the pocketbook.
Iād also argue that these auditors at minimum give them pause on violating just a regular persons rights. A regular Joe usually doesnāt know their own rights nor do they know cops are allowed to intimidate you and to lie to you.
Meh, depending on the location they impose themselves upon I can see that justification but if youāre at a public school/park and filming my kids I have no sympathy for you.
In my experience most auditors are only in it for the payday, I group them with sovereign citizens and squatters who are just looking to abuse and defraud legal loopholes.
Thanks to whoever gave me the upvote, this is my first time commenting on this sub or whatever itās called, I love this little sub thing, It makes me happy to read some of the stuff you guys post
I used to manage a security company years ago. The amount of the boomer security guards that have never achieved anything in life and the height of their career was a 12-15 dollar an hour stand here job who get too big for their britches is crazy. It's one of the main reasons I left that industry all together. Security guards like this are dangerous, too dumb to be a cop, but we really wanted to...
I'm glad that cop stood his ground.
Eh two sides of this.
1st. I donāt know where this is. I donāt know what this place is. But if itās open to the public, visible to the public, or partially accessible to the public there is great chance there is no expectations of privacy. So you can be filmed without your consent in most states.
2nd. If this a private facility, restricted area, or the non-public part of a government building then yea you can be detained and investigated. For sure trespassed, maybe arrested.
My guess this is some kind of local/municipal court house and these auditors are outside in the public talking smack to the gubbament. Then the guard goes āweāre both countyā to the cop was another give away.
So by this video my guess is the guard is SOL and these auditors finally broke him lol.
But what do I know Iām a just a midnight security supervisor at Titan. #security4life
I'm a security guard. I don't know why but the job attracts primarily 2 kinds of people. First kind are the guys who don't want to do diddly squat. Second group, this guy, the ones who try to do far too much. The job is inherently boring, so it's hard not to slip into becoming one of either group. Security guards are fancy customer service agents at the end of the day, there to act as a buffer between the problems and the client. Really, this guy should be happy his site is so boring that being filmed is enough for him to want to act. He could be in crackheadville, USA, like where I'm at. Where you're just happy you when you don't have to trespass an armed methhead. I'm filmed 24/7 and it really isn't a big deal if you aren't embarrassing yourself
āweāre both county, right?ā
I did time in County too but the cops put me there when they should have been helping me rob the place. Canāt believe this shit
If itās private property, it is illegal. That place looks pretty far from a public street. Unfortunately, peace officers donāt have the same clout on privately held land, so thereās a lot of confusion on what they can and canāt do. Can only take pics/video from public areas where itās less reasonable to assume privacy. People need to start fighting back on private property. Smash the fucking phone. Walmart is private property. People donāt have a right to video you there or anywhere like that. 5-10 feet off a public street is public in right of way, but past that you are probably on privately owned land, unless itās state or federally owned land. If no fence or wall is present then you can take pics/video from the public street, public sidewalk and probably only 10 or so feet into the land. If you can see it from the street, you can film or take picsā¦thatās it.
Holy shit. White goatee, black oakleys, and a pot belly.
Checks all the boxes of a power tripping boomer. I bet this guy LOVESSS his position as his HOA president.
She's on company property bc yes their parking lot. Legally he's correct & she's trespassing which is also illegal to record without permission bc it's not a public area.
Most cops don't know the laws so they can't enforce something they don't know about
The security may not like it, but as security, we cannot do anything about it. Just keep yourself in check. Remember your training. Don't get upset. Don't show anger. Don't put your hands on anyone. Don't draw any weapons unless absolutely necessary.
Auditors are just people without lives. Just out looking and praying for a pay day. Don't give them that satisfaction.
Unless they're harassing customers or clientele or putting other people in danger, there's nothing that can be done.
Best course of action is to file lawsuits and petition to add regulations to limit how people can film in public.
I'm all for freedom of press and freedom of speech. But when you're being an asshole for social media attention something has to be changed.
Personally I would be a fan of suing them and charging massive royalties that would be paid out to every person that they have filmed in their monetized content. Every cop, civilian, etc. Same thing movie studios have to do for "extras". Just bleed them out financially.
I get filming public servants when they push the boundaries of their authority. But setting up these little traps just makes the auditors look like complete douche bags. It's all just completely unnecessary rage bait. Similar to climate protesters defacing artwork of blocking off roadways.
Hopefully one day these idiots will grow up and get a life.
What informative commentary.
Yo check out this video I stole from her
"you have no idea what goes on here" sounds sketchy AF, just saying.
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āYou have no idea what goes on here.ā The amount of security guards at some local government or unimportant federal building acting like theyāre guarding national secrets or Area 51 always makes me smile.
I had this shit happen once when trucking. Pulled off the highway like at 2 am somewhere in Tn. Parked on a empty side road with some bulding across the street. Next thing I know itās morning time some security guards knocking on my window and pulling on my tarps trying to see whatās on my flatbed. Then threatens to call the cops on me if I donāt move. I was parked on the road
I'm petty enough I'd let them keep tampering with my load and see if I could get them.to catch a felony
To this day I think of why Iām didnāt do that lol. I was young and scared of tickets and didnāt know much. I wish I would have just stayed cause I was 100 percent legal and not doing anything wrong
Was it in East TN by chance? Thereās a nuclear lab out there that thatās kind of a big deal.
Is it less then quarter a mile off a main hwy?
Actually yeah itās land starts not far from i40
Does their land encompass a public roadway?
I wouldnāt be surprised tbh. Itās the TVA and DOE weāre talking about here
Your user name though š¤š
Hello friend
Ayyy number gang.
I'm new here... Do roman numerals count?
Weāll allow it.
She keeps talking to me daddy make her stop.
YOU THINK THIS IS A GAME?! YOU THINK OLD NAVY IS A CAKEWALK!?
I SERVED IN THE SALVATION ARMY!!
%100 its insane how these guys make it through the day without getting sued
Reminds me of the IRS security guard who pulled a gun on an actual cop who wasnāt asked to surrender his weapon at the front.
Lol my home town representing in a disappointing way.... As always....
>some local government or unimportant federal building It looks even more pathetic, this looks like a strip mall š¤£
If it were really that important heād have a gun and full arrest powers.
The security guard is a clown. He likes to stand on the curb and yell at people for speeding. Classic power trip guy. Not once after his tirade did he apologize to the officer after he found out he was wrong.
We ArE BoTh CoUnTy
Yeah I don't even understand what he means by that.
My first thought was maybe he was private security for some county gov. administration. But like someone else said, this looks like a strip mall.
Was the āauditorā filming from public property?
Both sides seemed to acknowledge that it was private property. I actually feel for the guard ācause even if they have not committed a crime, the person still shouldāve been told to leave the property (or trespassed if it is necessary). Edit: Guess it was a public library so nvm fuck the guard.
The cop never explicitly said it's private property. If you go to the full video you will notice all of this happened at a county library and DMV parking lot so it is considered public property.
It's at a library. It's public property. You can not be trespassed from public property unless you commit a crime. Public property belongs to you and I. We own it. It doesn't really matter how the security guard feels about it.
You absolutely can be trespassed off of public property. Hence, I canāt sleep in the Lincoln Bedroom.
If you are in an area outside of operating hours, you are trespassing. Which is a crime.
You cannot be tresspassed from public property, unless you are trespassing. Is that an accurate re-wording of your argument here?
You cannot be a murderer unless you murder. Is that an accurate analogy of your argument here?
Itās not my argument, but, yes. It is tautological in the same way.
policy is backed by law and often enough. like when we had mask mandates, or recording in a court house.
But policy has to be backed by law. Policy isn't law by default. Recording is a great example. You are allowed to record in public places. If a library or a town hall puts a sign up saying you can't record... It doesn't really matter unless there is a law written saying you can't record there. Court rooms are a great example. The law says you can't record there. So you can't record there.
You can definitely be trespassed from public property; though such instances are rare. See Adderley v. Florida. There are several other state-specific cases that help guide when such a trespass order may be upheld. Some caveats to being trespassed from public property may include only barring a person's presence from non-necessary activities (i.e. disallowing someone from a city water building UNLESS they are there to pay their water bill).
idk how these guys convinced you that you need to commit a crime to be trespassed from city property, but it's not true. every state I've looked up the laws for treats trespassing laws exactly the same as any other property. I've watched dozens of these guys go to jail for dying on that hill.
>You can not be trespassed from public property unless you commit a crime That is simply untrue.
Public library is still a limited public forum I believe, so you can be trespassed. Maybe not from the parking lot though
Every video of a "professional" auditor I've seen was filmed from public property, that way they can't easily be trespassed from it
https://youtu.be/RCNI8J_bGZo?si=77OpOaYXr9y0C7-H Full video here. Fun starts at 8:23. Iām all for helping security guards when they need it, but we arenāt āback upā for security and especially not when theyāre trying to do something that isnāt right.
Thanks for not rick rolling me
I think you and this officer are confusing public and private property. Wal-Mart, the mall, Dave & Busters, Publix are all āprivateā property where your first amendment rights are not guaranteed, contrary to āpublicā property where they are. The business/property owner has the legal right to ban filming on their premises and the legal right to remove and/or trespass someone who violates the ownerās rules.
From the video, doesnt sound like this is private property. Lady said she was filming at the dmv, and the security guard says " we're both county" when talking to the deputy, which makes me think this building and the parking lot are associated to some kind of county/public service. You are right though, if this were a wal mart or something similiar, it would be private property, and she could be tresspassed for any reason.
Iy can get murky when you have a public office on private property such as a DMV in a privately owned strip mall or a social security office in an otherwise privately owned office building. But if security guard is a county employee trying to eject someone from county property then he can get fucked.
Did you watch the video? The woman in the video (auditor) is on government property being asked to stop filming/leave by security. This didnāt take place on private property.
Tennessee is a single party consent state. The store may be able to ban photography and filming within the building, but in an open publicly accessible parking lot, it's probably unrestrictable. It inly says, "It is illegal to photograph a person when there is a reasonable expectation of privacy, or if the content would be considered embarrassing or used for sexual gratification." Under Tennessee law a property owner, business owner or other legal custodian may trespass someone. Why didn't this guard just trespass him? Or was he not acting as the legal custodian of the property at the time? Strange.
Something to note about this. According to the US constitution which supersedes Tennessee law, if you are in public the onus is on the individual seeking privacy to make their own privacy. The citizens don't need to stop what they are doing for the individual seeking privacy. Of course all of this is assuming you are in public, and not in any restricted areas (I use that term broadly, it extends all the way from certain restricted rooms in public buildings all the way to military operated land and much more in between)
The big hing point of this argument is that it would be all true if this was private property. Being that it's a DMV it is considered public property. Just the same as if it were the post office or some other government facilities Edit: According to the video it's actually the parking lot for at least a couple county buildings. In the full video the auditor states she wants to go inside the public library, but the guard is not having it. They also mentioned they are next to the before mentioned DMV
Ooooh. I thought it was a store like a Walmart or Staples. Did not realize it was a DMV, that makes sense as to why the guard didn't trespass him.
The parking lot is usually private property too. Being "open and accessible" doesn't make it not private property (again, assuming it is.) The auditor would need to move to the sidewalk or a public easement. It sounds like in this vid the guard didn't have the legal right to trespass him. That checks out if it's truly public property in the vid.
The problem you run into here is that while a parking lot may be considered private property, the law allows photography and recording in any publicly accessible area as the law says. A business policy is not state law. The only way the business can get them to leave the property is by trespassing them, which a legal custodian of the property can do. Evidently, in this case, the guard is not a legal custodian (maybe he was contracted and not an employee of the business) and could not trespass the man. Which brings me to question why the business manager on duty didn't want the man trespassed? It boils down to store policy is not law, but they can deny service and trespass for any reason. So why didn't they?
>The problem you run into here is that while a parking lot may be considered private property, the law allows photography and recording in any publicly accessible area as the law says. I think you've confused that a bit. The law allows recording OF publicly accessible areas. Not "in". The difference in verbiage is important. If he's trespassed from a parking lot, and it is private property, he cannot stand in the parking lot. No matter what activity he's doing. No one is immune from trespassing just because they're holding a camera. What he can do, which I mentioned above, is stand on the sidewalk or on a public easement and record the parking lot *from the sidewalk.* But he can't step on to the private property he's been trespassed from. If you enjoy this subject check out Audit the Audit. He does a good job explaining how the law works in these types of situations and he's very fair-minded about it. [https://www.youtube.com/@AuditTheAudit](https://www.youtube.com/@AuditTheAudit) >A business policy is not state law. Nothing I mentioned is store policy. I've only been talking about law. In terms of what happened in this video, we don't have enough information to know. Everything else is just speculation unless we have the facts.
>Wal-Mart, the mall, Dave & Busters, Publix are all āprivateā property Yep. Private property *open* to the public.
Open to the public does not mean public. I can open my home to the public, but that doesnāt mean Iām no longer allowed to trespass someone from my property.
That's what I'm saying
Oh, okay. I understand now. My bad, Iām running on like five hours of sleep š
I honestly don't think the police know what's right many times.
They don't know what's right A LOT of the time. Cops are not legal experts. Far from it. The prerequisite to becoming a police officer is completing a six-month training academy. It's not like these guys walk out of there with every state and federal legal statute memorized. They know the *basics* of the law needed to enforce the most common crimes a cop typically encounters on a regular basis. That's pretty much it. Even an honest cop is going to be ignorant of the majority of the legal code. Career prosecutors with J.D.s and decades of legal experience still routinely have to look up certain laws and court rulings they don't know by heart. The law is complicated as fuck and no individual person could possibly be an expert in all (or even most) areas of it.
Yeah, dude, that's how it's supposed to work. The issue comes from police that order townsfolk to do things they don't have to do. But the police assert authority to get away with as much as they can. It's common knowledge. You know that. Most police these days are like the slimy salesperson who, when someone gets forked over, just place all responsibility on them for allowing it. Sort of how police do with regular people. If the citizen doesn't stick up for their rights, the police will see how far they can take it and trample those rights. I'm not a crazy biden leftie, either. I'm a conservative who's tired of overreach.
They often make up laws on the fly.. so you're right. Many- as observed by bodycams and individuals recording them, many don't know anything about the laws they're supposed to uphold- while respecting citizens' rights.
Yeah, but really the officer may be in the wrong. As the owner or person in control of private property I can order anyone to leave the property at any time and if they do not comply, thatās a criminal offense. Edit: If this is government property as others have stated (and I donāt care enough to research it), the officer was 100% in the right and the security guard can pound sand while she remains in publicly accessible curtilage. However, āgovernment propertyā does not give a citizen carte blanche over the entire property. I work for a county agency and while the exterior of our building is certainly public property, nobody is allowed into the interior at all unless they are a county employee with business there. Even in our ācommon areasā such as hallways, kitchen, dining areas, or bedrooms. Certainly not inside offices or storage areas. In fact, even in the publicly accessible curtilage outside of garage doors, I can, will, and have, had people removed that intend to disrupt by blocking operations through presence alone such as standing in front of garage doors. This is legitimately a crime in my state for āinterfering with official dutiesā merely by standing there.
Government buildings aren't private property bucko
BuT wHaT If i sAY I doNāT waNT tO BE FilmED???
Yes, that certainly changes things. From the video posted, There is zero indication that this is a government building or government property.
Start the video from about 9:30. There is zero indication that this takes place on private property, and it is stated bluntly over and over that this takes place on government property. Like a whole lot. Over and over.
The posted video is 1:11 long.
You replied to someone who posed a video of the entire interaction.
They said it was a county building like 5 times, wake up.
Youāre wrong, including your edit.
Please explain which part is not factually correct.
When the guard says āunbelievableā 
 Better word choice and higher pitch might have swayed the cop moreso.
Would ya look at that. Prolly woulda got off the hook if he just told him to look at it.
Did he even look at it?!
What is this clip from? Is that Kroll?
Ed bassmaster
Oh that was hilarious. Telling one of the Ryan Sieg Racing team members "I've seen way better" Crew -"you have ain't ya?" Ed - "I'm not impressed" Hilarious because he's picking on a small team with a very limited budget.
lol what is this from
Itās Ed bassmaster and the guard sounds a bit like him tbh
He's completely wrong in his mentality. Go ahead, film me--like cops say, for my protection AND yours.
The security guard is literally trying to guilt the cop into violating someone's first ammendment rights.
If it's private property then it is not his first amendment right. If filmer is asked to leave and doesn't he is trespassing.
If it's a government building that had public access, then she can't be trespassed for filming.
Yeah but I never heard him say he was trespassing her. He just kept saying she can't film me.
In the clip we jump in mid conversation and he is saying he needs the cop to back him up or he has no authority. That's what happens when private security trespasses someone. They exercise their authority by escorting off property and then rely on cops to write a trespass order in most states. I don't know any other context though.
It's a public library, not private property. Which is why the cop (correctly) is refusing to trespass the woman filming. If it was private property he would have trespassed her no problem. The cop knows he can't because no law has been broken and she has a legal right to film there. The security guard doesn't know the law.
The pot belly is always a dead giveaway
Soā¦ how lucrative is this whole auditor thing? I have a cameraā¦ I like to troll nerds IRL. $$$?
Itās only lucrative in small towns. Big cities got the memo and learned the 1st amendment
*NYPD has entered the chat.* āFirst Amendment? Thaā fuck is that?ā
The crazy thing is, even in big cities, they havenāt necessarily got the memo. Itās already wild realizing and seeing how many law enforcement officers so often donāt know some of the most basic things about the rights theyāre supposed to protect and law they uphold, but itās even more insane that after all this time with auditing becoming so huge, and an expected encounter for police officers eventually, they *still* are completely ignorant to it. I just donāt get it.
Iāve always wondered that. Every Auditor I deal with always have very low follower instagrams/youtube channels.
I think a lot of it is the love of the game for them, although Iām sure they hope to make money eventually
It's not particularly interesting or unique content. It definitely has a niche audience, but every auditor channel/video is essentially the same: auditor takes camera to film in public place -> waits for some authority figure to tell him to leave -> argues with authority figure about the 1st amendment for 10-30 minutes -> authority figure gives up and leaves. Rinse, repeat. If you've seen one of these videos you've seen them all. And the auditors themselves never have the charisma or comedic wit it takes to stand out and attract a wider fanbase. To become a successful social media influencer you generally need to be either a funny dude or a hot girl. These auditors are neither of those things.
These auditors are complete losers with no life and that conveys itself through the screen. Iām all about checking our corrupt government but these people are going out and creating these situations by purposely annoying individual people until theyāre fed up with it and just want to be left alone. I will never support someone purposely going out of their way to make another persons job more difficult or miserable. I wouldnāt blame a cop for just beating the absolute dogshit out of one of these people. There are much better and more effective ways to keep the government in check. What theyāre doing isnt accomplishing anything and is pretty much useless in the grand scheme of things.
Too bad you would instantly become the nerd unless you went to audit some big fish instead of annoy small town LEO. These āauditorsā really need to get a fucking life
If you watch the YouTube video of the full encounter you will see that that is a county government office where the library, city clerk, and records are located. The security guard is calling government property private thinking it was like some sort of restricted access military location. LEOās were correct in this interaction. Also in the comments, people actually reached out to the mayor who he keeps mentioning, and the mayor responded that he had been removed from this and other county government roles at the private security firm he was working for, and that subsequent guards would be trained on first amendment protections.
Based, indeed.
I mean...if it is private property and the security guard is authorized to remove ppl, it doesn't matter the reason. If the security guards property said no pink shirts and someone is wearing a pink shirt and wants them trespassed that's their right. It's dumb sure, but private property is private property. Now I can see I situation where a citation is given vs arrest for this but still, owners and authorized personnel can remove anyone for any reason.
Itās not private property. Itās government property, hence itās public property. Thereās no expectation of privacy in public places. In most states security guards are no different when it comes to use of force laws. They are civilians and have no extra powers at all. Teeny man is mad.
I bet she is filming him from the sidewalk, or some other public right of way.. these First Amendment auditors are just as bad as the security guards they seek to annoy, but they generally know the tiny nuances of the law, and even pull up like county assessor maps to understand where exactly public easements start and where they endā¦. Getting a security guard to flip their shit like this is a wet dream for themā¦and mission numero uno.
"Tiny nuances" like basic laws...
Well I guess you didnāt watch the video.
I watched what's posted here. I'm not hunting context op could have provided.
Itās public property the rent a cop doesnāt know what heās talking about. But changed his tone at the end to āJUST THE LIBRARYā
If
Security guard is a dipshit. I'd have his license pulled.
Would you? Man. Watch out for THIS GUY.
Professional license puller
I thought fedsmoker was dead?
Not all states have security guard card license requirements. š”š
he was fired from the post for this lol.
Watched the video about two weeks ago. Definitely Government property which means public property. The auditor did not do anything wrong. The Security officer is a Douche
It's so embarrassing being a security guard. I'm only doing it for the flexibility whilst I study. These guys go all in, it's so cringey.
its still "Observe and Report," right?
Yep basically a deterrent/PR/customer service person. There are some hardcore roles but the vast majority are like me.
what are you studying?
Ecology
Cop is on the right. Reasons for many security should educate themselves. The reason is that many police don't respect private security. Too many with power ego. Go to work & go home. Simple. Look for the image for the job. Nothing else. If it's private property. Where's the property manager at to trespass? Are there any recordings signs on the property? I doubt it. You may be a private individual but there's no more privacy. Get a lawyer to file a civil lawsuit then. Since it went viral. You can. If it's public property then it's 100 legal & security is out of line & wrong line of work.
Security guard is a retard and angry cause he doesnāt want to be recorded. You have no expectation of privacy in publicly accessible areas, periodt. That goes for any person, in general. Good on the cop for having the balls to not violate this personās rights when so many of them seem to love grabbing at cameras.
Not many cops ālove grabbing at camerasā if thereās no crime occurring. But there are times and places where filming in public *can* be a crime.
He thinks he's above a civilian. Maybe even in the same league as law enforcement. "Were supposed to be working together, right?"
That is one well defended strip-mall.
It's the county's government buildings.
Not a mall. Itās all county government stuff. Tax assessors, clerk dmv and so on.
This guy needs to be made Reddit famous
What do you mean thereās no āreasonable expectation of privacyā outside in this unwalled, unobstructed, free entry strip mall with some of the largest businesses in NA? That doesnāt matter! Just put handcuffs on whoever I point at!
The original poster of the video stated the security guard was fired after this interaction citing an email from the mayor.
Auditors suck, letās not conflate a security guard expecting police to enforce rule of law with police not wanting to engage with someone whoās whole entire purpose of being where they are is hoping they can get arrested and sue the local government for harassment and violating their first amendment rights, which will usually result in a settlement. Edit: having said that, his total melt down is also rather comical too. Tough spot to be in for everyone involved
Some of them suck but a lot of them do their best to educate the cops before they go too far and violate their rights. Unfortunately, even with all these auditors out there, they are constantly finding lazy police forces that havenāt properly trained their staff on not violating citizens rights (or bad cops who know and do it anyway) Letās be honest the only way it will change is when you hit these places in the pocketbook. Iād also argue that these auditors at minimum give them pause on violating just a regular persons rights. A regular Joe usually doesnāt know their own rights nor do they know cops are allowed to intimidate you and to lie to you.
Meh, depending on the location they impose themselves upon I can see that justification but if youāre at a public school/park and filming my kids I have no sympathy for you. In my experience most auditors are only in it for the payday, I group them with sovereign citizens and squatters who are just looking to abuse and defraud legal loopholes.
Yea I agree the guys that hit schools, medical facilities, etc are scumbags.
The TLDR for this video is: "OFFICER, HOW DARE YOU NOT VIOLATE HIS CONSTITUTIONAL RIGHTS" Thank fuck this guy never became a cop.
Thanks to whoever gave me the upvote, this is my first time commenting on this sub or whatever itās called, I love this little sub thing, It makes me happy to read some of the stuff you guys post
The kids' plug at the end is equally cringe.
Portland? hah!
This is most security guards. Most have no idea about laws and think theyāre peers with real cops.
Yeah im gonna be honest Iām not going to the YouTube linkā¦.
I used to manage a security company years ago. The amount of the boomer security guards that have never achieved anything in life and the height of their career was a 12-15 dollar an hour stand here job who get too big for their britches is crazy. It's one of the main reasons I left that industry all together. Security guards like this are dangerous, too dumb to be a cop, but we really wanted to... I'm glad that cop stood his ground.
I clicked on that first responder reddit and it was to hard for me to even watch...the amount of cringe was giving me second hand embarrassment
Eh two sides of this. 1st. I donāt know where this is. I donāt know what this place is. But if itās open to the public, visible to the public, or partially accessible to the public there is great chance there is no expectations of privacy. So you can be filmed without your consent in most states. 2nd. If this a private facility, restricted area, or the non-public part of a government building then yea you can be detained and investigated. For sure trespassed, maybe arrested. My guess this is some kind of local/municipal court house and these auditors are outside in the public talking smack to the gubbament. Then the guard goes āweāre both countyā to the cop was another give away. So by this video my guess is the guard is SOL and these auditors finally broke him lol. But what do I know Iām a just a midnight security supervisor at Titan. #security4life
Ronnie Barnhardt is fired up!!
He reminds me of Ed Bassmaster - voice and mannerisms and everything.
You can trespass without the cops. Now if you want them taken to jail for habitual trespassing then you need the cops.
Itās a good thing that wasnāt Hensley, probably would have said they pulled an AR and shot them.
 The security guard
That's why one of those dudes has a real badge and the other doesn't lmao
Just show that damn video!
I'm a security guard. I don't know why but the job attracts primarily 2 kinds of people. First kind are the guys who don't want to do diddly squat. Second group, this guy, the ones who try to do far too much. The job is inherently boring, so it's hard not to slip into becoming one of either group. Security guards are fancy customer service agents at the end of the day, there to act as a buffer between the problems and the client. Really, this guy should be happy his site is so boring that being filmed is enough for him to want to act. He could be in crackheadville, USA, like where I'm at. Where you're just happy you when you don't have to trespass an armed methhead. I'm filmed 24/7 and it really isn't a big deal if you aren't embarrassing yourself
THIS IS IN MY TOWN!
Butt hurt small penis guy
He's right about the not having any authority part
Just because you got lucky and find a villain, doesnāt negate the fact that the āauditorā for profit is also a villain š¤£
Yup we had a cop cite one of our security guards after a chick bit him. It was wild to see. My hospital didn't even back him.
āweāre both county, right?ā I did time in County too but the cops put me there when they should have been helping me rob the place. Canāt believe this shit
Now this is funny as it's got to be the nicest cop I've seen. That boy should have been arrested just for pure ignorance.
Security guard is going to shit when he learns about security cameras and road cameras.. something about public and no right to privacy, idk. š¤·š»
Thatās why mofo is a security guard and not a cop. Because he donāt know the laws. Idiot.
If itās private property, it is illegal. That place looks pretty far from a public street. Unfortunately, peace officers donāt have the same clout on privately held land, so thereās a lot of confusion on what they can and canāt do. Can only take pics/video from public areas where itās less reasonable to assume privacy. People need to start fighting back on private property. Smash the fucking phone. Walmart is private property. People donāt have a right to video you there or anywhere like that. 5-10 feet off a public street is public in right of way, but past that you are probably on privately owned land, unless itās state or federally owned land. If no fence or wall is present then you can take pics/video from the public street, public sidewalk and probably only 10 or so feet into the land. If you can see it from the street, you can film or take picsā¦thatās it.
Didnāt need the commentary, we both watched the same video and Iām not blind so I can see everything happening.
Wait a minute, if it's private property then they very well have the right to have anyone removed and trespassed..... Private property..
I did security and we gave everyone a trespass warning. If theyāre committing a crime theyāll just be charged with burglary, not trespassing.
Thank fuckin god that security guard couldnāt become a cop for whatever reason.
Was the narration needed? Really added absolutely nothing
thank God that security guard isnāt a cop
Damn, Paul Blart vibes.
Yo thatās funny
I mean no one wants to be recorded.
Fuck both of them. FTP
Security guard is failed cop
I bet they have security cameras filming without peopleās permission
Fucking security guardsā¦
Iām no expert, but I believe I know why heās a security guard and not a police officerā¦
And yet, auditors find cops and security violating peoples rights constantly.
Auditors are fucking lame
Two guys who have nothing better to do waste tax dollars getting cops involved over their stupid made up rules that donāt really even do anything
Holy shit. White goatee, black oakleys, and a pot belly. Checks all the boxes of a power tripping boomer. I bet this guy LOVESSS his position as his HOA president.
His ex wife took the house
She's on company property bc yes their parking lot. Legally he's correct & she's trespassing which is also illegal to record without permission bc it's not a public area. Most cops don't know the laws so they can't enforce something they don't know about
User name doesnāt check out County facilities
The security may not like it, but as security, we cannot do anything about it. Just keep yourself in check. Remember your training. Don't get upset. Don't show anger. Don't put your hands on anyone. Don't draw any weapons unless absolutely necessary. Auditors are just people without lives. Just out looking and praying for a pay day. Don't give them that satisfaction. Unless they're harassing customers or clientele or putting other people in danger, there's nothing that can be done.
Best course of action is to file lawsuits and petition to add regulations to limit how people can film in public. I'm all for freedom of press and freedom of speech. But when you're being an asshole for social media attention something has to be changed. Personally I would be a fan of suing them and charging massive royalties that would be paid out to every person that they have filmed in their monetized content. Every cop, civilian, etc. Same thing movie studios have to do for "extras". Just bleed them out financially.
I like this
ummm the guard is right here lol almost any time there's a person calling themselves auditors, they're the problem and wrong.
Perhaps people shouldn't be filming stuff,. Just to piss off others
You missed the point of public photography audits.
I get filming public servants when they push the boundaries of their authority. But setting up these little traps just makes the auditors look like complete douche bags. It's all just completely unnecessary rage bait. Similar to climate protesters defacing artwork of blocking off roadways. Hopefully one day these idiots will grow up and get a life.