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.
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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Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
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