One of the neat things about being a “law enforcer” is having the power (because you’ve got the gun) to make up laws – and then enforce them.
Here we have a guy walking around in a public area, taking video of things which can be viewed from the public area. There is no law prohibiting either nor requiring permission prior to doing either thing.
A “law enforcer” ought not only to be aware of this but to respect the legally protected right of the guy to walk around in public and film things visible from public areas.
Instead, the AGW makes up a law – “national security stuff.”
“You can’t be taking pictures of critical infrastructure,” the AGW continues – assuming a posture of Authoritah and condescension.
The man asks which law he has run afoul of.
“You can either provide your name or you’re going to jail,” the AGW threatens.
“You’re being detained for taking pictures of an infrastructure,” the AGW eructs.
No statute forbidding this is cited.
“Do you know what Homeland Security is,” the bullet-headed bully asks?
The man asks the bullet-headed bully whether he knows what the Constitution is. And what it says with regard to the 1st Amendment.
“I’ll get a warrant,” says the second AGW. “It’s not hard.”
The bullet-headed bully admits the man filming is standing in public, on a public right of way – and continues to “detain” him with implicit threats of murderous violence.
“You can’t take pictures of the rails,” says the AGW “unless you have permission…”
Which is patently untrue – and so, the “detaining” of the man is illegal.
As are the AGW’s demands for ID – which require the AGW to assert a violation of the law prior to demanding ID.
Instead, the AGW asserts “suspicion” … of nothing in particular.
In other words, give me your ID because I demand it.
Amazing – and depressing. Does it not trouble anyone to see laws being made up – and enforced – without any legal consequences?
What do you suppose would happen if you or I just walked up to someone on the street and began to badger them – while wearing a gun? Used the implied threat of that gun to “detain” the victim?
We’d be arrested – rightly.
And charged with crimes.
Why are AGWs permitted to commit crimes under color of law – and go unpunished?