Tag Archives: Illegally detained

First Amendment Audit: Cop Blocker Nasty Nathanial Assaulted By Morro Bay Chief of Police Gregory Allen

First Amendment Auditor Nasty Nathanial Thomas was assaulted and unlawfully detained by Morro Bay Police Officers, including Police Chief Gregory Allen

First Amendment Auditor Nasty Nathanial Thomas was assaulted and unlawfully detained by Morro Bay (CA) Chief of Police Gregory Allen and Officer Greg Gruich.

The video and description included within this post were shared with Nevada Cop Block by “Nasty” Nathanial Thomas, via reader submission. You can (and should) visit Nathanial’s YouTube channel (click here) to see other videos he has posted. In addition you can see other posts involving Nathanial that have previously been published at NVCopBlock.org by clicking here, here, and here.

Note: 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.

This video shows what is known as a “First Amendment Audit.” As Thomas explains in more detail within his description, 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). As can be seen on the video, during this audit Thomas was approached by Morro Bay Chief Of Police Gregory Allen, who was accompanied by Officer Greg Gruich. They then proceeded to demand ID from him, stating that filming inside the lobby was a misdemeanor crime based on an city ordinance which they claimed not to know the code for.

After Thomas declined to identify himself, based on it being an unlawful detention for exercising a legal right, he was assaulted, thrown to the ground, and placed under arrest. That arrest was later classified as a detention and no charges were filed as a result, although Thomas states that he was held within a police car for over an hour while in handcuffs. It’s also worth mentioning that Chief Allen and Officer Gruich addressed Thomas as “Nate” numerous times throughout the video. That obviously implies that they in fact did know who he was already.

Note: In Nevada, the police are limited by law [NRS 171.123(4)] from detaining a person for longer than one hour total without establishing probable cause to make an arrest. In addition, that maximum time is not an open window to detain people for a full hour. The actual time someone can be detained is predicated on the reasonable amount of time it should take to investigate the crime the person being detained is (reasonably) suspected of. (This is a state law specific to Nevada, it may not apply if you live in a different state.)

Department Contact Information:

Morro Bay Police Department
850 Morro Bay Blvd
Morro Bay, CA 93442
(805) 772-6225

Police Officials Involved In Incident
Chief Gregory Allen – Phone: (805) 772-6284
Officer Greg Gruich

App & Social Media Links
Morro Bay Police Department on Facebook
Morro Bay Police Department on Twitter
Morro Bay PD App

San Luis Obispo County District Attorney’s Office
1035 Palm Street
San Luis Obispo, CA 93408
(805) 781-5800

District Attorney
Dan Dow
Contact Form

Social Media Links
San Luis Obispo County Facebook Page
San Luis Obispo County Twitter Account
San Luis Obispo County Youtube Channel
San Luis Obispo County on Flickr
San Luis Obispo County LinkedIn Account

Assaulted While Legally Filming in Public

On February 6, 2018 I was physically assaulted by the Morro Bay Chief Of Police Gregory Allen, and uniformed Officer Greg Gruich, while conducting a First Amendment Audit outside of the city’s police station.

Morro Bay Chief of Police Gregory Allen

Morro Bay (CA.) Police Chief Gregory Allen

First Amendment Audits are a form of activism. It is where individuals, such as myself, test the responses of public officials by openly filming government facilities from public view. Police stations are often an ideal location for a First Amendment Audit.

As an auditor I have filmed everything from police stations to correctional facilities to courthouses to military installations to even NASA. If it can be seen in public then it can be filmed.

Now here is the challenge that First Amendment Auditors have. A number of people are under the impression that you need permission to film government buildings or public officials. I can’t even count the number of times that I have heard things like “your not allowed to film a Federal facility” or “your not allowed to take pictures here.” This is where as an auditor you are given the opportunity to educate people.

What it all comes down to is that there can be no expectation to privacy when in a public place. This does not exclude public officials, such as police officers.

Now I expect a private security guard making minimum wage for standing outside the entrance of a Walmart to be ignorant of the law. However, I do expect someone, such as Chief Allen, whom before coming to Morro Bay was a 34 year veteran of the Los Angeles Police Department, to understand the basic laws concerning public photography.

Video Of Assault

But whether or not Chief Allen was ignorant of the law, or simply chose to ignorant it, he felt it necessary to physically assault me. With assistance of Officer Gruich, Chief Allen threw me to ground where my head hit the concrete.

First Amendment Auditor Nasty Nathanial Thomas

“Nasty” Nathanial

My hands were then twisted behind my back in a very aggressive and painful manor. I was then handcuffed and placed in the backseat of a hot police car while Chief Allen and his goons tried so desperately to figure out some way to charge me with a crime.

After about an hour I was released without any charges. Why was I not charged with anything? The answer is actually very simple. Because there was NO CRIME! At least not on my end.

As for Chief Allen and Officer Gruich, I can think of a handful of crimes they committed last February 6, such as assault, kidnapping, unlawful imprisonment, and so on…….. Will the San Luis Obispo County District Attorney’s Office file criminal charges against Chief Allen and Officer Gruich? I think you probably know the answer to that.

Regardless of how this incident plays out, in the end Chief Allen and Officer Gruich need to be held accountable for their actions. Thank you for reading.

Nasty Nathanial Thomas

Local Media Coverage of the Incident

Naptime

Related Content on NVCopBlock.org:

TX Police Illegally Detain Man, Demand ID, And Threaten Arrest For Filming in Public

The following post was shared with the CopBlock Network by Patrick Roth of CopBlock Oklahoma, via the CopBlock.org Submissions Page. (See “related posts” section below for previous submissions from Patrick.)

In this video, Patrick was filming in public when he was accosted by, Sergeant Graham, a very rude and unprofessional officer from the Seagoville Police Department in Texas. As the video begins, Sgt. Graham is in the process of demanding ID from Patrick and threatening to arrest him if he doesn’t because, according to Graham, Patrick is being “suspicious.”

After Patrick tells him that isn’t a legal reason to arrest him, Graham responds by angrily yelling for him not to tell him what the law is. Even though Patrick is in fact right, he chooses to provide his ID instead of risking arrest. (Personally, I wouldn’t have, but everybody has to decide for themselves how they handle threats from angry, armed strangers who belong to a group that has been known to kidnap or even commit violent acts against innocent people.)

Date of Incident: December 30, 2016
Name of Officer Involved: Sgt. Graham
Department Involved: Seagoville (TX) Police Department
Department Facebook Page: Seagoville Police Dept.
Department Email:
Contact Us – Raymond Calverley, Chief of Police
Department Phone No.:
(972) 287-2999

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

I was doing some public filming and I was detained and harassed illegally by two tyrants. They wanted to ID me, but this is not a stop and identify state. The officer was very hostile and unprofessional.

– Patrick Roth
Copblock Oklahoma

Related Posts:

Andrew Henderson Meets with Minn. Chief Over Previous Police Intimidation For Filming

Andrew Henderson Police ReportRecently, Ademo posted about an interaction Andrew Henderson, a CopBlocker from the St. Paul area in Minnesota, had with a police officer who had tried to intimidate him because he was filming near a police station. This happened shortly after the St. Paul Police Department held a seat belt enforcement campaign that was really just a thinly veiled opportunity for revenue generation.

Knowing that many police themselves don’t wear seat belts when driving, Andrew decided to go down to a location near the police station and film to see how many he could find disregarding the rule that they had just placed such a heavy emphasis on for regular citizens. Not surprisingly, he had no problem whatsoever spotting officers hypocritically ignoring the seat belt law.

Not long after, an employee of the St. Paul Police Department, Officer Alba-Reyes, drove up to where Henderson was filming. During the interaction between Alba-Reyes and Andrew (which can be viewed in its entirety in the video below), the officer misstates several laws, including that he has a right to detain Henderson for filming and that the public sidewalk is actually private property. He then threatens to arrest him “if he continues trespassing on private property.”

About a month later, Andrew had a meeting with St. Paul Police Chief Tom Smith concerning this incident and the behavior of that officer. This included several inconsistencies and omissions within the official police report that was filed by Alba-Reyes. However, it apparently didn’t include an update on the St. Paul Police Department’s investigation into whether public sidewalks are in fact public or private property. (Make sure you check out Andrew’s YouTube channel for lots of great informative videos.)

During my meeting with Chief Tom Smith, I expressed my concerns on my encounter with officer Armando Alba-Reyes while…

Posted by Andrew J Henderson on Wednesday, June 24, 2015

Below is Andrews summary of that meeting via a Facebook post:

During my meeting with Chief Tom Smith, I expressed my concerns on my encounter with officer Armando Alba-Reyes while recording police officers from a public sidewalk.

  • Officer Alba-Reyes stated in his report that I was using a “bypod”, which I was not. I do not own or have ever used a bipod. The pictures he took would have proved this.
  • Officer Alba-Reyes seemed to believe that I do not have access to the Saint Paul Police policy manual, though it is publicly available at: http://www.stpaul.gov/DocumentCenter/View/70740.
  • Once I was threatened with arrest if I did not leave, I immediately walked to my vehicle and drove home, and did not continue to film vehicles as officer Alba-Reyes stated in his report, the video can be found here: https://youtu.be/J9P-4kV7Z9k.
  • Officer Alba-Reyes never turned in the pictures he took of me to the Saint Paul Police Department data vault as he is required to under Minnesota Statutes Chapter 13, and did not include them in this report.
  • There was a dashcam in the police vehicle as indicated in the report, but officer Alba-Reyes either did not turn it on or decided to not upload the content to the Saint Paul Police Department data vault.

The encounter can be viewed here: https://youtu.be/ONQXJjY_Yfk?t=4m38s (Also embedded below – editor)

Chief Smith understood my concerns, but could not give me answers as to why Officer Alba-Reyes report was not entirely factual or what happened to the photos he took of me.

I encouraged Chief Smith to adopt a policy regarding citizens filming law enforcement officers as recommended by the Department of Justice (http://www.justice.gov/…/spl/documents/Sharp_ltr_5-14-12.pdf), in addition to submitting a couple of policies to him and his staff from other agencies such as the District of Columbia Police Department (https://go.mpdconline.com/GO/GO_304_19.pdf) and the Department of Homeland Security (http://mocek.org/…/2…/06/DHS-FPS-Bulletin-HQ-IB-012-2010.pdf), as well as case law about citizens First Amendment right to document law enforcement personnel engaged in their public duties (http://media.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf), and to better train officers on engagement with those who chronicle police occurrences.

I hope Chief Smith will take this opportunity to transition and advance with this paradigm shift in policing.

Click banner to learn more about filming the police

Click banner to learn more about filming the police

St. Paul, MN Police Launch Investigation into if Sidewalks are Public or Private Property

Andrew Henderson

Recently, a post on CopBlock.org detailed how Andrew Henderson, a CopBlock member from St. Paul, Minnesota, was detained and harassed by the police there while he was filming as part of a test to see how many cops actually wore their seatbelts. Andrew had decided to do so after the St. Paul Police Department held a massive campaign to stop and ticket people for not wearing their seatbelts. He wanted to show the hypocrisy of the police, who are well known for not wearing seatbelts themselves, and for whom one of the leading causes of on the job deaths (far exceeding those of violence from suspects) is car accidents.

After he had documented several police cars and the police officers inside, none of whom were actually wearing seat belts, he was subsequently detained, questioned, and forced to show ID by Officer Armando Abla-Reyes. Officer Abla-Reyes incorrectly informed him that he could be detained for filming in public and also incorrectly stated that the sidewalk he was standing on was private property, threatening to arrest Henderson for trespassing, if he didn’t leave the area.

Now according to the Twin Cities Pioneer Press, the massive attention that video caused has prompted the St. Paul Police Department to launch an investigation into whether sidewalks are public property (spoiler: they are):

“It brought up a question: What is public, what is private?” Sgt. Paul Paulos, a St. Paul police spokesman, said Wednesday. “What we’ll also do is reach out to the city attorney’s office to get a finer definition…”

City Attorney Samuel Clark said Wednesday that his office is working with the police department “to clarify the rights of way applicable to the sidewalks around the public-safety buildings in the area…”

Paulos said Wednesday the department will provide more instruction to officers about the area around the police department, and what is public and what is private.

Minnesota Police Public Sidewalk Private Property

None of those arrows are pointing at private property.

So, they’re going to get to the bottom of that thing the Supreme Court already decided decades ago. In the meantime, there’s a lot of hyperbole from the head of the police union about how much police are under fire these days and how it’s a reasonable threat worthy of detaining someone for filming the police or public buildings. However, as already stated the leading cause of on duty deaths for police, by far, are car accidents and, contrary to the other blatant lie in the article that “99.9%” cops wear their seatbelts, the fact that police often don’t wear them is a big contributor to that. Of course, if they weren’t out generating revenue by giving other people tickets for that very same behavior, that would be their problem.

Hopefully, they’ll get that whole public/private thing figured out soon, though. That way they join the rest of us in the 21st century.

Andrew Henderson’s original video: