Tag Archives: first amendment audit

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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Man Legally Filming in Public Harassed, Illegally Detained, and Arrested (Multiple Times) by Las Vegas Police

Filming in Public Las Vegas Metro Harassment

Video shows a man, who is legally filming in a public space, being repeatedly harassed, illegally detained, and unlawfully arrested multiple times by police officers from the LVMPD.

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.

The video embedded below, which was posted to YouTube by Las Vegas attorney Stephen Stubbs, pretty much speaks for itself. (Especially with the text that has been added to it.) Within the video, consisting of a series of different encounters over a course of several days in late October (2017), a Las Vegas man is out filming public areas at or near various police substations. Each time, he is stopped by members of the Las Vegas Metropolitan Police Department, illegally detained, harassed, and on at least two occasions unlawfully arrested.

In spite of what the police say in the video, the Nevada “Duty to Identify” statute (NRS 171.123) only requires a person that has been legally detained to give their first and last names. They are not required to give any other information, such as an address or birth date. Not to mention the fact that the man in the video was never actually legally detained in the first place.

Police parking lots are public property and are open to the general public. The “no trespassing” signs that are referenced in the video only apply to a restricted area behind the building that is gated off. Filming areas that are visible from public spaces is absolutely legal and has been ruled to be a First Amendment protected activity by several courts, including the U.S. Supreme Court.

Watching the video, it’s incredibly obvious that the stated “Reasonable Suspicion” the officers are using to justify their detention of the man are nothing but very flimsy excuses to harass him. As already stated, he isn’t trespassing and filming in public is legal so there was no legal cause to stop him for being in the parking lot. Also, even if “aggressively approaching” their car is even an actual cause to detain someone, that clearly didn’t happen on the video.

Regardless of the fact that he wasn’t legally detained during any of those instances, the man on the video still complies under duress and tells them his name. Therefore, they absolutely have no reason to subsequently arrest him for not telling them his birth date (which he actually does tell them before the final arrest) or any other information beyond his legal name.

The reality, widely known among Las Vegas residents, that this video illustrates is that the LVMPD are just a bunch of bullies who will not hesitate to harass and retaliate against anyone that doesn’t follow their orders, even when those orders are flagrantly unlawful. And contrary to their statements on the video, they quite obviously have not learned much of anything from their past behavior.

Also, while it should be surprising that supervising officers ranking as high as lieutenant are not just involved in the harassment and illegal actions depicted in this video, but actually initiating it, it isn’t for anyone that knows how Las Vegas area police operate. Metro is corrupt and out of control from top to bottom.

And as is commonly the case whenever the LVMPD are in the process of harassing and/or arresting someone on some minor (or non-existent) crime, the dozen or so cops that show up at the end are a great display of how desperately short-handed the Las Vegas Metropolitan Police Department is these days.

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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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U.S. Marshals Schooled on the First Amendment Right to Film Federal Property in Public

The following videos and description were shared with the CopBlock Network anonymously by a California based CopBlocker, who goes by the pseudonym of “California Guardian.” It was shared via the CopBlock.org Submissions Page.

On the video, California Guardian can be seen filming outside the Reagan Federal Building and Courthouse, which is located in Santa Ana, CA. He is initially approached by a security guard. Soon after, two individuals who appear to be undercover police of some sort begin questioning him about what he is doing. Not long after that, a pair of U.S. Marshals arrive and also begin trying to demand his ID, while issuing threats about him getting arrested for filming on federal property.

California Guardian stands his ground, refuses to identify himself without them stating that is being detained (and providing a valid reason), and correctly informs them that the he has the right to film in public per the First Amendment and that this right has been upheld several times in court, including Federal Courts. Eventually, they are apparently informed that he is right and leave, walking back into the building.

The second video embedded below contains a follow up visit done by a group known as High Desert Community Watch, which shows that the guards now understand people are allowed to film in public. Instead of harassing the people filming, the security guard simply reports on his radio that there are some people who are “just filming.”

I know personally one of the questions I often get is some variation of why we “bother” the police by arguing with them over legal issues. These two videos present a great example of why that is and should be done. In the first video, someone not breaking any law or posing any threat is harassed and threatened by U.S. Marshals. In the second, someone is able to do so without that impediment to their rights. Also, in the first video (and oftentimes when members of NVCopBlock are out filming or doing actions) the people involved seem to genuinely not understand the law and appropriate constitutional rights. Making sure that they do in fact understand citizen’s rights and law enforcement’s responsibilities is something that not only eliminates future harassment, but potentially prevents something even worse from happening as a result of overzealous and uniformed public officials and/or security.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

On Oct 25, California Guardian, a CopBlocker and First Amendment auditor from Southern California, was recording outside the Reagan Federal Building in Santa Anna, CA. when U.S. Marshals, after being contacted by a guard working for Paragon Security, attempted to infringe on California Guardian’s First Amendment rights to film in public demanded his identification and threatened him with arrest. California Guardian stood his ground and continued recording, refused to be intimidated or to provide I.D. even after the marshals threatened to have him arrested by the Federal Protection Police. Ultimately the Marshals did the shameful Walk of Dishonor.

A couple of days later, High Desert Community Watch, accompanied by Teen4Justice and CaliGirl, returned to Santa Ana and video recorded in the same location at the Reagan Federal Building where Paragon and court officers did not bother them.

These two occurrences are proof that what Copblockers and First Amendment Auditors do to defend our rights does in fact make a difference. The security guards and the marshals at that location learned a lesson and have changed, for now, their dishonorable and shameful breaking of their oath to defend and protect the Constitution of the United States.

– California Guardian

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Man Illegally Detained and Assaulted For Filming by Nassau County Policeman

Date of Incident: August 28, 2015
Officer Involved: Sgt. Hermonn – Badge#580
Department Involved: Nassau County Police Department – First Pct.

The above video was submitted by a reader by the name of Wil, via the Cop Block submissions page. He states in his description:

“I was simply using my First Amendment right to video record in public, when a police officer approached me demanding I.D. He then he grabbed my arm and threw me onto the hood of a police car. I was cuffed and kept with my face down on the hood for 10-15 minutes before being released. My First and Fourth Amendment rights were violated.

I have more recordings and plan to make a FOIA request for recordings of the cctv cameras in the precinct. Everything happened in front of the police station, cameras should have recorded everything, unless they mysteriously got deleted.”

Pls share!
– Wil

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