Tag Archives: fail

First Amendment Audit: Imperial County Sheriff’s Sgt John Toledano Unlawfully Detains Videographers Filming in Public

California Guardian High Desert Community Watch First Amendment Audit Illegal Detention

Imperial County Sheriff’s Sgt. John Toledano handcuffed and illegally detained “California Guardian” and “High Desert Community Watch” during a First Amendment Audit by order of the FBI for legally filming in public.

Note: The video and description included within this post were shared with Nevada Cop Block via an anonymous reader submission. If you have videos, stories, upcoming events/protests, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

As is mentioned in the description, this video shows what is known as a “First Amendment Audit.” That consists of going out and filming government buildings and other public property. Oftentimes, the police, security guards, government employees, and even members of the public don’t understand that the First Amendment protects a citizen’s right to take photos and/or record video of anything that is within view of a public place.

Obviously, this video is very much an example of that (commonly referred to as an “audit fail” among those who do them). After initially confronting them and asking for ID, Sgt. Toledano (along with two other unidentified officers) handcuffed the two men who go by the pseudonyms “California Guardian” and “High Desert Community Watch” publicly.

Both of them were then forced to sit in the back of a police vehicle and threatened with trespassing citations, although they never at any time entered private property. According to what Sgt. Toledago states on the video, this illegal detention was at ordered by the FBI. Eventually, they were both released without any charges.

As already stated, you obviously can legally film in public. Also, you are not required to identify yourself unless a police officer has reasonable suspicion to believe you have committed, are in the process of committing, or are about to commit a crime (the requirement to be legally detained). And legally they can’t seize your camera (or any other personal property) unless they have actually arrested you or obtained a warrant or subpoena for specific content on it.

One of the main reasons for doing First Amendment Audits is to test whether the police or security officers understand the law regarding filming in public spaces. Also, part of that reasoning is making them understand that it is legal and thereby deter them from harassing people filming in the future.

Date of Incident: April 11, 2017
Officer Involved: Sgt. John Toledano
Department Involved: Imperial County (CA) Sheriff’s Office
Facebook Page:
Imperial County Sheriff’s Office
Twitter Account:

Instagram Account:
Imperial County Sheriff
Department Phone No.:
(442) 265-2005
Department Email: Sheriff Raymond Loera

Adam (California Guardian) and Phillip (High Desert Community Watch) were down in Imperial County video recording when a Deputy Sheriff, Sgt Toledano, stopped them and unlawfully detained them on behalf of the FBI for the sole intent of identifying them with no suspicion that they had violated any crime.

Adam and Phillip were cuffed, placed in the back of a patrol vehicle and driven down around the corner to await the arrival of the FBI. Adam and Phillip never provided identification and were released after being given detention slips in the name of John Doe.

Both detention slips used Calif. Penal Code 647 (h) – “prowling” – as an excuse. Adam and Philip never entered any private property and remained on the public right of way (sidewalk) during their recording.

The men in the video frequently post First Amendment Audits and other videos to their Youtube channels: “California Guardian” and “High Desert Community Watch.” You can support them by making donations via GoFundMe: California Guardian and High Desert Community Watch News Network. Although they sometimes travel to other areas, as the psuedonyms they use indicate, these two auditors live in Southern California.

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First Amendment Audit: Military Police Officer Harasses Woman Legally Taking Pictures at Randolph Air Force Base, TX

Filming Randolph Air Force Base TX First Amendment Audit

During a “First Amendment Audit,” a woman legally taking pictures in public is harassed by Randolph Air Force Base Security Forces Officer A. Delarosa, who incorrectly tells her that it is illegal to do so outside the base and attempts to get her to identify herself.

Note: The video and description included within this post were shared with Nevada Cop Block via an anonymous reader submission. If you have videos, stories, upcoming events/protests, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

As is mentioned in the description, this video shows what is known as a “First Amendment Audit.” That consists of going out and filming government buildings and other public property. Oftentimes, the police, security guards, government employees, and even members of the public don’t understand that the First Amendment protects a citizen’s right to take photos and/or record video of anything that is within view of a public place.

This video is an example of that (commonly referred to as an “audit fail” among those who do them), due to Randolph Air Force Base Security Forces Officer Delarosa’s repeated assertions that she can’t take any photos of the base unless she has permission from their public affairs department. He also asked for her name or if she has ID on her numerous times and at one point states that if she does continue taking photos he might steal her camera (AKA “confiscating” it – when done by government workers).

Although, Officer Delarosa does seem to be genuinely confused about the law and the civil rights issues involved, he’s wrong about pretty much everything. As already stated, you obviously can legally film in public. Also, you are not required to identify yourself unless a police officer has reasonable suspicion to believe you have committed, are in the process of committing, or are about to commit a crime. And, of course, they can’t seize your camera unless they have actually arrested you or obtained a warrant or subpoena for specific content on it.

One of the main reasons for doing First Amendment Audits is to test whether the police or security officers understand the law regarding filming in public spaces. Also, another reason is to make them understand that it is legal and deter them from harassing people filming in the future. This is a pretty good example of that, as Officer Delarosa is eventually told he is incorrect about her not being allowed to take photos from the public areas next to the road by the Universal City Police officers that he had called.

Date of Incident: April 10, 2017
Officer Involved: Officer Delarosa
Department(s) Involved: Randolph Air Base Military Police/Security Forces, Universal City Police Department

I went to visit Texas to do a First Amendment audit, which is basically taking pictures of government installations from public places.

One of the places I went to was Randolph Air Force Base in Universal City, Texas, which is a suburb of San Antonio. As soon as I started to snap pictures I was approached by Officer Delarosa, who said I could not take pictures and threatened to take my camera. He also lied about the property lines to me.

After realizing that where I was located was out of their jurisdiction, AKA not on the base, they had to call Universal City Police. The officers from Universal City came out and spoke with me briefly. They were very pleasant and respected my right to film in a public place. Officer Delarosa and his partner on the other hand learned a quick lesson on the First Amendment.

– Amanarchy

The woman in the video (AKA “It’s That Magic You Crave“) frequently posts First Amendment Audits and other videos to her Youtube channel: “Pink Camera Magic.” You can support her by making donations to her via GoFundMe. Also, although they are off camera and only heard briefly, two other auditors that live in San Antonio, who go by the pseudonyms “SAEXTAZYPREZ” and “Buc-G,” were there filming her from a distance.

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