Guilty! Guilty of distracting the hill-billy with a bright, shiney object, er, I mean camera-thingie.
As for the breathalizer request... Public drunkeness is probably against some sort of town ordinance, so you probably did the right thing by politely refusing the test. And keep on filming; I believe its only illegal to film in secured locations, like inside banks. Hey, but what do I know?
lawer to view and cover your rights in the matter of a issue that cops could or would haul you off cuz you reall did not or have not commited a crime if that is the case then there would be a lot of people that would be in jail every day cuz they cought something on tape that could hurt them or help them but that is why there is law suits
well have you ever see cought on tape or exstreem chases that where cought on tape my normal people standing out side there house or walkin down the road or what ever i belive you have every right to exspress your self and opinion by video and or audio or anyway that is safe and not covered by a lawer gettin your back on them cuz one day you might need a
Zak - As the son of a retired police officer, here is my advise. DO CONTINUE RECORDING THE ACTIONS OF LEO'S. WHY! They are working for the public and therefore their actions are a matter of the public record. It cannot be hidden, that would be a violation of the LAW!
He cant just make you take a breathalizer just becaue you were filming. IF I WERE YOU>>> I WOULD go and tell his supervisor. The cops these days are scared of you tube. Make them have a reason to be even more scared.
I used to dispatch at a public safety unit in the US, and we had a lot of contact with the police. I don't know if the cop was out of line, he didn't do anything illigal and if he saw you as prevoking this guy than he might have just been trying to keep the peace. But I can honestly say that even as a public safety unit, we were still too busy to worry about well behaved intoxicated video bloggers...
Zak, do be careful when filming people. There are some police officers and D.A.s who believe that filming people without their express permission violate federal wiretapping law. I heard on NPR not too long ago about folks being arrested for filming officers when they were pulled over. If you were a member of the press, you could assert 1st amendment rights, but you are not. Do err on the side of caution.
As an aside; maybe if you took all the guns away from your police officers for a month they would have to be more forthcoming with their manners? Power corrupts and there's nothing much more powerful in a one-on-one confrontation than a hand gun and a license to fire it. PS The Dog Whisperer has 'dog talk' cornered, so stick at the real life blog - you know regular viewers are what you want and we're here to hear about you, not just your dogs.
Are you Americans from the north embarrassed by your southern countrymen? And are the intelligent people from the south somewhat shamed by their police force, etc?
So you're unwilling to express an opinion on the shameful way this office is conducting himself because... I don't get it? Because to even question the bad behaviour of a US officer is offensive to you? Wow. You really don't get why the rest of us frown at you guys so often do you?
Zak, this is facinating, but what happened to making videos about being a dog trsiner? Wasn't this the reason you started making blogs? Maybe you should have two subscription groups. I have learned a lot about dogs from your videos and I miss learning from you.
BTW both my boder collies can now sit up and beg because of your lesson. Make more please! Thanks!
hey Zak...as always, entertaining vblogs...I keep coming back for more! I emailed you a few weeks back because I could not link a video in the comment section, but I was really looking forward to your comments regarding if your dog could do that! :-) take fine care of yourself Zac..and keep that camera rolling!~
Hi Zak. I guess the reason you were celebrating that night was because your gig at the park was over (??).
And, didn't Wesley know better than to confront a 'redneck' at that bar ... no matter what that person's opinion was? That's asking for Trouble spelled with a Capitol "T" and ...
One more comment in response to your viewer Boportsmouth (sp?) It's always a good idea to have video tape as possible evidence. It can be benefical to you and the officer. As long as you aren't causing any trouble then go for it. If it's you being arrested then put the camera down and leave it rolling. At least you have the sound.
The officer was totaly out of line. I am friends with lots of cops and they would never pull a stunt like that. You have the right to video tape in public. You did not have an open container in your hand so he couldn't arrest you for public intoxication because you were not creating a problem. IF you had been making a scene then he could arrest you for disordly conduct or public intoxication. You handled yourself very well for being drunk!
You always have the right to refuse, and they can not make you take it, but, then you have to deal with the next step. Great video, everything you did I agree with!
I loved the outtakes! I really don't understand a thing about the law system in the USA.. but I guess that's because in Holland it doesn't work the same. Police officers do have a better image in our country, you're right about that!
breathalyzer tests arent testimonial. u guys said ur self "asked a QUESTION that could potentially be self damaging to ur freedom". i dont know where the video of the entire incident is. if u took it down im curious as to y. and ur "I got busted by the cops" video suggests that ur not exactly a normal person. im suprised they let u have a video camera in the back of the patrol car. i recomend u turn off the video camera, go to parties, enjoy ur beers, and dont get into anymore "ALTERCATIONS".
The cop went too far. But you pissed him off. You're abosolutely right. We should not be afraid of the police. They are supposed to be there to serve and protect. Being drunk outside of a bar is, I think, a little bit normal. DONT TAKE THE BREATHELIZER unless it is relevent to the circumstances, i.e., you're about to drive a car..... In your case, it was not.
Yeah, the whole "Crime" of Public Intoxication is a joke. It is just another way that Police Officers can excercise their control over us anytime they wish. I know puh-LENTY of cops that drink in public, AND drink and drive so like I said, it's bullcrap. You weren't acting stupid, you were doing the right thing in asking questions. In fact, I don't understand WHY he chose YOU to breathalize (example, yeah but still) "I have a badge, so do what I say." PURE CRAP! Good video!
They make you take anything as long it doesn't fall bad on them or their jobs. Thank You UNITED STATES COURTS and The Police Department! In "GOD" We Trust!
That's why millions of people who are both middle class and poor class Americans are incarcerated everyday on some fake false accusations of the police. Its never been reported within the stastics or the news becuase these people never have voices! But these legal aids are just doing their job and miss represant millions of people.
unless you get pulled over for reckless driving or speeding no you should not be forced to breathalize you. but if you are driving reckless or speeding then the officer has probable cause to "serch you" breathalize you or administer a felid test like walk ina line say the ABC's blah blah blah.
I refused the video tapping and told the video i wanted to get a lawyer to represent my rights. After all of this I came to find that they had a a statement that mentions I was driving intoxicated. I repeat i wasn't even drinking. I was outside of the car with the car engine off. And I pleaded guilty because of the legal aids attorney that don't represent the poor Right. Thats why I say this system is FUCKED UP!
Than than forced brutality attacked my friend dropping him to the ground. Than handcuffing about three of us and putting us in the van. Than when I was in the precint they took me to this room. Where another officer asked me to make a statement to incriminate myself on drinking. So that they can video tape me. This happen in the U.S.
Well I was arrested for DWI and I wasn't even trying or inside the car. The police officers told me to lower the music in my vehicle. When I went to lower the music in the vehicle they jumped out on me and searched me and my friends who were outside the vehicle. They than asked me if I was drinking and I didnt respond to them.
DONT READ THIS. YOU WILL GET KISSED ON THE NEAREST POSSIBLE FRIDAY BY THE LOVE OF YOUR LIFE. TOMORROW WILL BE THE BEST DAY OF YOUR LIFE. HOWEVER IF YOU DONT POST THIS COMMENT TO AT LEAST 3 VIDEOS YOU WILL DIE WITHIN 2 DAYS. NOW UV STARTED READIN DIS DUNT STOP THIS IS SO SCARY. SEND THIS OVER TO 5 VIDEOS IN 143 MINUTES WHEN UR DONE PRESS F6 AND UR CRUSHES NAME WILL APPEAR ON THE SCREEN IN BIG LETTERS. THIS IS SO SCARY Cuz IT ACTUALLY WORKS THIS reaLLY WORKS!!!!!
i called the police on someone who was harassing me while being drunk recently, and the cop was trying to get me to exaggerate in order to charge the poor fool w/ 'terrorism'. i just wanted the guy to stop banging on my doors and windows. go figure!
(1) a breath test is a search, (2) the Fourth Amendment ordinarily prohibits searches without search warrants and (3) no exceptions to the search warrant requirement apply. However, the ruling does not apply to driving. Officers do have the right to give breath tests to suspected drunk drivers without a warrant because driving is a privilege, not a right. No search warrant, no Breathalyzer
I commend your friend for not put up with ignorant comments- good for him. With the info. you provided, you had the right to refuse to blow. It's the IV Amendment which protects us from unlawful search and seizure. The "Breathalyzer Test" is considered a search. The Supreme Court has held that an ordinance or a request "without probable case" for a Breathalyzer test violates ones Fourth Amendment, because
I love this question—I can't stop myself. He was trying to intimidate you, It's a good thing you taped him. He did not have probable case, judging you by your speech and behavior on the tape you don't seem "Intoxicated" by the legal definition. Drinking does not a drunk make...
You know, sadly though, we have given up our rights all together, when George W. and the senate got rid of the bill of rights and habeas corpus...look it up
It all depends on your location, whos property your on and the state laws. If the owners of the property told the cop you where a disturbance. If you admit you have been drinking then there is no reason to take the test. The only time you have to worry about telling a cop no to the test is if your in a situation where you shouldn't be drinking cause then thats probable cause. Long as your not endangering anyone your cool. Unless the cop wants to be a dick and you have a public intoxication law.
Just as with any other role, there are those who abuse power. This can happen just as much with a grocery store manager, politician or anyone else in a position of power. These people know how to play the game and put on a facade which will allow them to gain this position and later abuse it.
This is a good example of an abuse of authority by a mere security guard in a college campus:
/watch?v=AyvrqcxNIFs
The security guard is displaying complete ignorance in continuously tazering the student and expecting him to stand up afterwards. The tazer is designed to immobilize the victim. This means that tazering someone five times and then demanding they stand up is ludicrous.
And at the same time, it's not a job for the faint hearted and abhorrent of violence. Which means that those who are very much devoted to actually protecting the people might not have the kind of attitude necessary for dealing with these violent situations that the bully types will revel in.
The nature of the job of police officer draws the kind of people that by definition shouldn't hold the position: the high school bullies with little reasoning ability. It's a job which allows complete control over people which can result in extreme injustice. It's an ideal job for someone who enjoys making others feel inferior and boosting their own ego.
Its a legal question of public space. A privately owned establishment is not legally public space, therefore public intoxication is out of order, even in the parking lot, its still private. Look at your local and state laws regarding intoxication, most in US say "public place or public resort". Public resort includes bars and restaraunts. In general the cop was just being an ass but also you should just learn to shut your pie hole before any of this occurs.
My personal thought is to just cooperate, especially if you have it on tape. If the cop is out of line a jury of your peers will decide whether the cop was out of line or not. As long as you know you have done nothing wrong... just cooperate. Look at it from a cops point of view, they have to protect themselves as well.
People just dont like being recorded in public by strangers whether they are cops or not. You were being a drunk asshole by video taping him. If I were the cop, I would have tazerized your genitals with a stun gun.
You were drunk, you admitted it. The police officer knew you were, drunk, he just wanted to know how drunk. I don't think you were risking incriminating yourself.
I believe it is against the law to be drunk in public. It doesn't matter if 50 other people were also. The officer hassles him because he's drunk not because of the camera. He should have gone to jail.
Our constitutional rights are being trampled by our government at all levels. It is a joke to think that we are a free nation. You have the SS (Homeland Security), gestapo (TSA), and all the other power-hungry henchmen (police) invading your privacy at will. Resist and pay the consequences, such as imprisonment at Guantanamo withour legal representation.
the only thing that changed on 9-11 is we are no longer free, it is your 1st amendment right that is trampled when you are told you cannot make a video journal, one thing you might try is to say I am making a political documentary with my vid cam. all political speech and a journalism is PROTECTED no matter what.
As you mention, you have the right NOT to incriminate yourself. However, depending upon the local statutes, if you refuse a breathalyzer (which you can fight in court very successfully) the police may have the recourse to take you to the station for a bloodtest.
I think he did go a bit far, but they are bound to be wary of any video tape that could maybe be used against the police. If you werent disorderly, driving or causing damage i dont think they have a right to breath test you? I dont know. Love the outtakes and the way you say y'all, lol, very american!!
Assuming your locale even has a public drunknness law, the hillbilly wideloads had you cold on it. You'd have to check the actual wording of the law to determine exactly what constitutes "public drunkenness," but my question is if you thought it would "incriminate" you in any way, then why did you agree to it?
I strongly encourage you to do some research and the next time a hillbilly LEO tells you to blow into a tube you'll know your rights instead of having to guess what they are.
People that think US cops are so bad have no idea.. Go to another country and they would have beat the crap out of zak and dragged him away. Smart move not taking the breath test though
He's been in the "no videotaping" situation often enough, whether it's been footage filmed by another company that he's been instructed not to use, a venue that doesn't allow videotaping, or a store that throws him out for operating a camera on their premises. Yet he doggedly goes out and thwarts police who have requested he refrain, and most likely because the police in the last video didn't object.
Therefore, as an adult, a professional,and someone well-versed in issues like this, I don't think a police officer goes to far when a reasonable request to cease and desist is disrespected. Particularly when it becomes obvious that the motive is all in the name of YouTube, videos and the fans.
As far as refusing to take a breathalyzer test goes, my understanding on the subject is, rights or not, you're damned if you do, damned if you don't.
Zac, filming a police officer while your drunk is never a good idea. In fact, it's not a good idea to be drunk around a police officer - period! Most of them are scum bags, and most will not hesitate to arrest you and throw you in a cell with a big black nigger named Big Bonz.
Honestly Zak, I haven't dealt with many policemen, but I know that they're real people. Often times they have the same mentality as the people they're defending in the region, so if you're near hillbillies who have something to prove, you'll probably get a similar cop. And the horror stories with the NYPD or LAPD have to do with cops that probably grew up in poor neighborhoods and saw their experience as an advantage in fighting it and thus aren't quite the ideal cops.
That police officer obviously takes his job seriously because his boots are sooooo shiny. The policeman did not go far enough, he should have made Wesley blow as well.
Zak..I believe that law enforcement arrests should be filmed whenever possible. as a nyc resident, the Police have a reputation of occasionally dispensing innocent citizen with "41 shots" and not the kind of shots Wes and you were experiencing! :)
You need to be afraid of the "people who protect us"! A cop is nothing more than the flip side of a criminal. They have the same mentality! It's just at some point in there lives the cop has chosen to enforce the law and the criminal has chosen to break it! You need to be careful little guy, this looked like a big, dumb, kingshit cop who may feel that he has something to prove! Especially if he is as stupid as he looks!
i am glad you did what you did and stood your ground. Prejudice is still alive and you did your part to stand up to it so i am proud of you zak, by the way you have beautiful eyes and i find you attractive.
Zak, you are fighting a losing battle! That guy your mate was arguing with was huge, had he reacted differently you might have been glad the cop was on your side. Don't make yourself the victim here. I like the retina scan at the end too. Good for you that you are not taking it seriously! Please do not add this comment to your video. Matt
zak i like how u went about this in a way that u explained how and why u did everything. u didn't do anything wrong. u were polite to the cops and were aware about ur rights. good hing u weren't rude and obnoxious to them.
It is not within anyone's constitutional rights to videotape persons without their knowledge.
It is illegal to film people without their consent and without their knowledge (the media is an exception and they must identify themselves as memdia). Verbal agreement or written consent that each person has been made aware and approve of being taped is critical.
The "this call may be monitored/recorded..." notice people often hear when making phone calls to major entities like the phone company is a similar example.
Law enforcement cameras fall into a different category, and I'd imagine that the law would be on the side of a person objecting to being taped, not to mention the fact that cops probably do find it annoying when some people contribute to mischief.
Then there's legal liability, much the same as videotaping in hospitals isn't allowed anymore.
Hi Jen, I don't think you can quite be correct that you can't film people in public without consent. Look at all the personally-shot video footage of 9/11 for instance all of which went from private hands to news networks, with no legal challenge. If you're in public, I don't think you have a right to privacy.
I would consider that to be an obvious difference and a completely separate matter, entirely. If some catastrophe had occurred during this particular wild night, I'm sure the situation would have been quite different, and videotaping would have been met with approval instead of disapproval.
There's also the aspect of the intent with which a person is being filmed. If you see yourself on a video that you did not consent to, you have grounds for a lawsuit. If, however, that video was taped while you were at a football game, or any other place where you know you are likely being filmed for news or security reasons, the intent is different and quite shaky ground with regard to a lawsuit.
You have some very peculiar ideas about the law, which the Supreme Court disagrees with.
It is legal to videotape, even with a hidden camera, anywhere there is no inherent expectation of privacy. That is why private security cameras are legal.
Audio varies by state, in mine it is legal so long as -one- actual participant in the conversation is aware of the recording - i.e. it's legal to tape your own conversations without the other participants being aware of it.
Certainly laws vary by state. I'd say the decision is also one left up to the discretion of an individual/business, as well.
I'm familliar with facilities that cater to youth clientele, where filming is expressly prohibited. Parents are deterred from taping their kids because other kids get filmed as well. It's a safety precaution. Staff prevents it in this public venue because it can't control who elses' kids might get taped without consent or awareness- from the child or the parent.
The sad thing is, that being a country whose laws are based on constitutional statements that were left up to the interpretation of the individual is now starting to do us more harm than good.
This is why people are so sue-happy, why doctors fearing malpractice have resorted to banning cameras from hospital rooms, why police officers fearing claims of "police brutality" are wary of cameras, why things like the HIPPA Act are in effect. A person's physical being is their property, and videotaping a person without their knowledge or consent has been deemed in recent years to be an "invasion of privacy."
Just as we are now required to stay a certain distance back from pharmacy countersr while pharmacists are discussing meds and conditions with clients.
Videotaping without consent has been seen as such often enough, as well. A person's health and medical history is their own business, and no-one elses, unless they have chosen to make it so.
Once upon a time it was only "unprofessional" for a doctor, nurse, pharmacist or personal trainer to discuss a client's condidion -even on a no-name basis. Now it's illegal. People take offense and so many of them have been allowed to sue because of it that our country has become one of fear. Fear makes people unfamilliar with videocameras object, just as it makes doctors, police officers, etc... uncomfortable.
What about blogs? Posting about someone without their consent, in a private blog on the internet could get a person in just as much trouble, if the person being discussed found out and objected, and decided to take the matter far enough. Even if names were withheld.
Much as I loathe hearing celebrities whine on t.v. about their pictures being taken without their consent, this falls under the same category. When you think about it, how is a person objecting to being photographed, videotaped, or otherwise recorded much different than, say, copyright infringement? It's an "out there" example, but I think that's where society is headed.
As it is, we're still debating mostly the moral, professional or ethical decision, which is open to an individual's interpretation and discretion. In that case, let's look at Zak's issue a bit more closely.
p.s. read up. it is NOT "illegal" to (record) persons without (or with) their knowledge; esp IN A 'PUBLIC' PLACE - which is the WHOLE POINT of why he could've been arrested.
This is another issue of the "intent" behind filming or making a video. You can see my previous comment on the subject. Filming or posting a video for the amusement of yourself or someone else without their consent is not legal. Filming with the intent of public safety (such as traffic cameras) or NEWS is legal because of the intent (public safety, news).
Well, yes, you have a lot of comment; and as you reply "intent" may or may not be "in the eye of the beholder" (sic). Anyway, I mailed him a whole long diatribe about the mistaken issue of claiming "fifth amendment" ("the fifth") which really has nothing to do with his altercation.
You are, even on private property. They remove you from the property if they don't like your activities, but they cannot actually restrict your taping.
If they "confiscate" your camera, or even just your media, the technical legal term for that is "theft." Charge them with it.
If you weren't doing anything wrong then I don't think the cop had the right to test you.I think he got one side of the story from the guy and pegged you 2 as trouble makers.I don't like police officers.I haven't met too many nice ones.Living in the city I've seen alot.
(4/4) You should have the right to videotape as long as you can accept the risk of pissing off the wrong law enforcement officer and getting harassed as you were. As for your being asked to take a breathalyser test, you absolutely do NOT have to comply with that. Nor can you legally be forced to give a blood sampleHi hi. You should only do so on the advice of a lawyer. Keep in mind however, that you CAN find yourself in jail for exercising your constitutional rights, especially post 9/11.
(4/4) You should have the right to videotape as long as you can accept the risk of pissing off the wrong law enforcement officer and getting harassed as you were. As for your being asked to take a breathalyser test, you absolutely do NOT have to comply with that. Nor can you legally be forced to give a blood sampleHi hi. You should only do so on the advice of a lawyer. Keep in mind however, that you CAN find yourself in jail for exercising your constitutional rights, especially post 9/11.
(3/4) I don't see any reason why videotaping the actions of law enforcement should be considered inappropriate. Law enforcement opened the door to videotaping its actions. To limit that right to law enforcement is one sided and inherently biased. That right shouldn't be withheld from the general public unless the videotaping itself is inciting illegal behavior in some way. I would argue would be in an extreme minority of situations. It helps balance inequity and one sidedness of the 'dash-cam.'
(1/4) Hello Zak, I've noticed that people never begin their comments with a salutation. This is my first comment on any of your videos, and only my second EVER comment on YouTube, although I am one of your subscribers and have seen all of your available content. Since YouTube only allows 500 characters, I guess this is going to have to be a multiple part post.
(2/4) I was compelled to comment because I wanted to make a point about recording the actions of law enforcement on video. It's done all the time, but usually by the law enforcement officers themselves via 'dash-cams.' It's done mainly to use against people in court, but sometimes law enforcement officers are caught on their own cameras doing unethical and illegal things themselves. I suspect a lot of documented misbehavior never sees the light of day.
I also want to say that ego problem's are not specific to police officers, we have those type of people in all walks of life. A little bit of power and they are off!
I absolutely believe that you have the right to videotape any public place as long as it does not invade someones personal privacy (such as the bathroom). I also believe that in the United States our police department have a small number of people that get a big boost for their ego's by pushing other people around using authority they may or may not have.
This officer did go too far, why should he be so troubled that someone is video taping? He stated your actions as if you were filming because you were drunk. Cops film individuals and situations everyday; they have hidden cameras on their dashboards. If you think about it, there are enough videos of cops to land a few behind bars for brutality. I think that's the main source of negative public opinion on the topic. You could suppose that is the reason they are so camera shy.
XOXO I love your videos, Zak. Personally, I don't like the government getting involved in my life at all. I want to REALLY be free, not just be told I'm free to find that I'm not. I think most (not all) police officers aren't in the job for helping people...they were either the bullies in school or the ones being bullied who decided they'd get some power over their lives by becoming cops.
lmao @ the last min or so! Don't <i>most</i> police officers have video cams mounted inside their patrol vehicles? My hubby does and he's not the least bit camera shy. He isn't a breathalyzer bully either. If it ain't broke... Stupid bad apples ~ glad they aren't all like that ;)
First, let me say that I always enjoy your videos. However, just because your are a "video blogger" does not mean that any and/or all siutations are appropriate for filming. Anything having to due with law enforcement would be a perfect example. American cops have big egos and they are not all good guys, but to avoid getting in to a nasty situation, it is better to go along with what they say, even if you don't agree. Then later, take it to legal counsel or other governmental departments.
Our cops are mostly fine guys and gals, but don't kid yourself, bad cops do exist. I'm not saying the one in this video is bad, but if you take on a cop, you are going to lose. They have bigger guns.
First off I want to say that even though we are in the United States of America and the "motto" here is "Innocent until proven guilty" its a line of crap. It has been my experience and what I have seen that you are in fact "Guilty until Proven Innocent." I think that you had the right to videotape the whole thing. Like you said people all over do it.
First off I want to say that even though we are in the United States of America and the "motto" here is "Innocent until proven guilty" its a line of crap. It has been my experience and what I have seen that you are in fact "Guilty until Proven Innocent." I think that you had the right to videotape the whole thing.
Like you said people all over do it. I am curious though as to were you the only one that was standing there "drunk in public"? If not I believe that he was just using his power of authority on you because of the simple fact that you were vidoetaping it. I don't really know how it works with denying a breathalizer test down south, but I do know that if you deny it here in Nebraska that to them it is an admittance of being guilty and they will arrest you.
I don't believe that in a legal way he had any probable cause to ask you to do that. As far as the 5th ammendment and incriminating yourself you always have that right to say no. It just seems that the Constitution that was set up for our rights so many years ago has been overlooked in so many ways.
This is just another object of proof that even though its preached doesn't mean that its followed. While telling you that you couldn't film what was going on was in a way denying you your 1st ammendment.
I hate to break it to you Zak, but when you signed your driver's license, you signed away a lot of your rights, including your right not to incriminate yourself by not taking a breath test, whether you're driving or not. We've given up a lot of rights in the name of traffic safety.
dude wtf its U.S.A you have freedom of videoing.if you dont wanna take the damn blow test you dont its usa.you should have ask the cop its usa i dont have to if i dont want to i have freedom.? arnt i right
".....and you might be a redneck if you and your white trash woman are in a honky-tonk bar being videotaped by two guys named Zak and Wesley who are enlightening your bigoted viewpoint regarding the ethnic diversity of the American population..."
I definitely think the police officer went way too far! You shouldn't of had to have taken the breathalyzer test. Since you weren't making a scene or being rude to anyone. The cops everywhere just have nothing better to do and they have the suit and badge, which also goes to their heads, that lets them go too far.
He did go too far. But basically the whole breathalizer/public intoxication accusation was just a means to get you to stop filming the cop. Camera's make American cops nervous because of all of the accusations that get thrown at the ones being videoed, by the public, their supervisors, etc. It's the biggest threat to their job. That being said... if they are a GOOD cop... enforcing JUSTICE and PROTECTING the public.... then they would have nothing to be afraid of.
I don't think you should have had to take that test. Unless you are driving or making a big scene, which you weren't, I don't see what is wrong with being drunk. Therefore I think that the breathalizer was unecessary. I'm sure the officer thought he was doing the right thing, but I do think that he made a mistake. Made for one of your more interesting videos though.
In Wisconsin, you do have the option of refusing the brethalyzer test. However, if other field tests indicate that you are probably drunk, or the officer has reason to believe you are drunk, you must subject to a blood test instead, and they take you to the hospital for that. You aren't get arrested for refusing the breath test unless you make a scene and qualify for disorderly conduct.
Also concerning the fith amendment... here in Va if a cop asks can he look in your car or trunk and you say no.... that constitues resonably suspicious behaviour and gives the cop the right to search your car. I dont know maybe VA cops are just dirtier then others.
Hey Zak, good to see you back. Since you live in Hillbilly country, dont mess around with those rednecks, thats like stooping down to their level, those pigs. Just ignore them, dont do nothing unless they actually do something to you otherwise just call the cops and accuse them of public intoxicaton.
I can only speak of what I know. and here in Portsmouth you do not film cops. a cop across the street from me let her kid smoke pot and drink and smoke underage. my mom knows cops from NY city who threw a guy off a brige in an effort to get information on some one. they didnt mean to they just got confused about who was gunna hold on and who would let go when they scared the piss out of him. I dont trust cops here in portsmouth. too many of them smoke the drugs they bust and flout the law.
holy cow ! I laughed SO Hard at this comment! haha! hey, this guy was just feeling threatened, and in order to maintain control he used his authority on you. You always have a right to say no to a breathalyzer (here in GA) and then they can take you in if they want, but hopefully u'll sober up by then.
GREAT VID!
oh and to answer ur question, in IRELAND i got drunk and a young copper walked me home. they also don't have guns...nice
Hey, Zak...I sent a video comment. I sent one to the underwear video the other day, too, but I don't know if it ever got posted. "Rocky Top"..wooh! :-)
oh wow, a shout out. to answer your question I would have to say "in a perfect world..." How ever there are laws concerning what people can film and yes those laws are changing. how ever if this cop had been arresting some one you would have been out of bounds. that person could have brought a legal case against you for a violation of their right to privacy if you posted it. I'm glad you werent and that things where resolved with out you going to jail.
so are you finally home now cause by the looks of your video vlog you are? i agree i think they went to far. i guess u can't walk with a beer if you do even though your not being loud they can still gave you a ticket for it and i think its not right since there walking not driving. and i don't see whats wrong with video taping a cop. i think its wrong that a cop gave a ticket when the car was in my own drive way but they still did it cause it was blocking the side walk.
your eyes!!!
deadly!!
norcal999 4 years ago
your friend is very sensitive
norcal999 4 years ago
i love it
October1591 4 years ago
Zak you're such a vain bitch lol.
FlowingGeisha 4 years ago
Guilty! Guilty of distracting the hill-billy with a bright, shiney object, er, I mean camera-thingie.
As for the breathalizer request... Public drunkeness is probably against some sort of town ordinance, so you probably did the right thing by politely refusing the test. And keep on filming; I believe its only illegal to film in secured locations, like inside banks. Hey, but what do I know?
dkaybee 4 years ago
You're in a public place, there is no reason why u should not tape...
I like that ur letting your hair grow back!!!!
CarolCarolMel 4 years ago
Would it be forbitten to be drunk in a public place? The states are really a strange country...
btw: awesome outtakes.. :-)
kotsuku 4 years ago
I like that you will just videotape any social situation. I like that, I never remember to record outside my webcam. *shrugs*
honeybearbaby 4 years ago
lawer to view and cover your rights in the matter of a issue that cops could or would haul you off cuz you reall did not or have not commited a crime if that is the case then there would be a lot of people that would be in jail every day cuz they cought something on tape that could hurt them or help them but that is why there is law suits
well just protect your self alright BRA DA
mastersebastian 4 years ago
well have you ever see cought on tape or exstreem chases that where cought on tape my normal people standing out side there house or walkin down the road or what ever i belive you have every right to exspress your self and opinion by video and or audio or anyway that is safe and not covered by a lawer gettin your back on them cuz one day you might need a
mastersebastian 4 years ago
I belive its illegal to videotape or record anyone working in the public sector, however, i could be mistaken!
hartnell114 4 years ago
Hahahaha. Thats fabulous
BrittanyBechard 4 years ago
Zak - As the son of a retired police officer, here is my advise. DO CONTINUE RECORDING THE ACTIONS OF LEO'S. WHY! They are working for the public and therefore their actions are a matter of the public record. It cannot be hidden, that would be a violation of the LAW!
ianjellico 4 years ago
I agree w/ you totally.
Blueaveo3568 4 years ago
your crazy :) in a good way <3
Whisker93 4 years ago
He cant just make you take a breathalizer just becaue you were filming. IF I WERE YOU>>> I WOULD go and tell his supervisor. The cops these days are scared of you tube. Make them have a reason to be even more scared.
DRDNIBOY 4 years ago
IN LOSANGELES there is a group that goes around and video tapes the police. So film them all you want.
DRDNIBOY 4 years ago
y are all these comments sooooo long. my eyes hurt. :-(
WestHamBrett 4 years ago
I used to dispatch at a public safety unit in the US, and we had a lot of contact with the police. I don't know if the cop was out of line, he didn't do anything illigal and if he saw you as prevoking this guy than he might have just been trying to keep the peace. But I can honestly say that even as a public safety unit, we were still too busy to worry about well behaved intoxicated video bloggers...
12blueknight 4 years ago
Zak, do be careful when filming people. There are some police officers and D.A.s who believe that filming people without their express permission violate federal wiretapping law. I heard on NPR not too long ago about folks being arrested for filming officers when they were pulled over. If you were a member of the press, you could assert 1st amendment rights, but you are not. Do err on the side of caution.
honniscrave 4 years ago
As an aside; maybe if you took all the guns away from your police officers for a month they would have to be more forthcoming with their manners? Power corrupts and there's nothing much more powerful in a one-on-one confrontation than a hand gun and a license to fire it. PS The Dog Whisperer has 'dog talk' cornered, so stick at the real life blog - you know regular viewers are what you want and we're here to hear about you, not just your dogs.
chrispoel 4 years ago
Are you Americans from the north embarrassed by your southern countrymen? And are the intelligent people from the south somewhat shamed by their police force, etc?
chrispoel 4 years ago
chrispoel, Whatever may or may not embarass Americans is our business. Please work on perfecting your own country and don't worry about ours.
ilovedonaldtrump 4 years ago
So you're unwilling to express an opinion on the shameful way this office is conducting himself because... I don't get it? Because to even question the bad behaviour of a US officer is offensive to you? Wow. You really don't get why the rest of us frown at you guys so often do you?
chrispoel 3 years ago
Zak, this is facinating, but what happened to making videos about being a dog trsiner? Wasn't this the reason you started making blogs? Maybe you should have two subscription groups. I have learned a lot about dogs from your videos and I miss learning from you.
BTW both my boder collies can now sit up and beg because of your lesson. Make more please! Thanks!
slkmcmillan 4 years ago
hey Zak...as always, entertaining vblogs...I keep coming back for more! I emailed you a few weeks back because I could not link a video in the comment section, but I was really looking forward to your comments regarding if your dog could do that! :-) take fine care of yourself Zac..and keep that camera rolling!~
nrsnan 4 years ago
Hi Zak. I guess the reason you were celebrating that night was because your gig at the park was over (??).
And, didn't Wesley know better than to confront a 'redneck' at that bar ... no matter what that person's opinion was? That's asking for Trouble spelled with a Capitol "T" and ...
Okedolkle 4 years ago
Oops ... "capital"
Okedolkle 4 years ago
One more comment in response to your viewer Boportsmouth (sp?) It's always a good idea to have video tape as possible evidence. It can be benefical to you and the officer. As long as you aren't causing any trouble then go for it. If it's you being arrested then put the camera down and leave it rolling. At least you have the sound.
RollingThunderHorse 4 years ago
The officer was totaly out of line. I am friends with lots of cops and they would never pull a stunt like that. You have the right to video tape in public. You did not have an open container in your hand so he couldn't arrest you for public intoxication because you were not creating a problem. IF you had been making a scene then he could arrest you for disordly conduct or public intoxication. You handled yourself very well for being drunk!
RollingThunderHorse 4 years ago
To the European laws the Police Officer can ask:" Please Turn Your Camera Off, I don't want to be filmed! "
But not more. All other Officer's actions to your filming as a reaction on it are illegal. ( According to the European Laws.
I do not know how it is in the US. )
jac2puchman 4 years ago
Hell ye. That cop was way out of line to put that kind of pressure on you if you had not disturbed the peace.
To arrest a public drunk, (s)he has to be hassling others around him/her.
But those blue collar cops just gotta combine their macho testosterone with the justice they are supposed to be enforcing.
Too bad that cop didn't get reprimanded for that sh*t.
Flerick 4 years ago
hey wesley you are awesome hows the car runnin?
stert 4 years ago
You always have the right to refuse, and they can not make you take it, but, then you have to deal with the next step. Great video, everything you did I agree with!
jack27065 4 years ago
I loved the outtakes! I really don't understand a thing about the law system in the USA.. but I guess that's because in Holland it doesn't work the same. Police officers do have a better image in our country, you're right about that!
margotvlot92 4 years ago
breathalyzer tests arent testimonial. u guys said ur self "asked a QUESTION that could potentially be self damaging to ur freedom". i dont know where the video of the entire incident is. if u took it down im curious as to y. and ur "I got busted by the cops" video suggests that ur not exactly a normal person. im suprised they let u have a video camera in the back of the patrol car. i recomend u turn off the video camera, go to parties, enjoy ur beers, and dont get into anymore "ALTERCATIONS".
MikeEMCBB 4 years ago
You are so funny!
If you want to videotape some Violation of Charter Rights(Canadian Alert!)
Get a "Pit"
Don`t muzzle him,come up to Ontario Canada and videotape our Attorney General Michael Bryant having a hissy(sp?) fit.
You`ll have to tell him what the dog is of course,because he couldn`t ID the imaginary "breed" that he was banning.
Please come to Ontario Canada with your camera,we need you!
tupper53 4 years ago
The cop went too far. But you pissed him off. You're abosolutely right. We should not be afraid of the police. They are supposed to be there to serve and protect. Being drunk outside of a bar is, I think, a little bit normal. DONT TAKE THE BREATHELIZER unless it is relevent to the circumstances, i.e., you're about to drive a car..... In your case, it was not.
gin5354 4 years ago
Good video. He went too far.
Did you take down a video? What is this video referring to?
Gimmeabreakman 4 years ago
Yeah, the whole "Crime" of Public Intoxication is a joke. It is just another way that Police Officers can excercise their control over us anytime they wish. I know puh-LENTY of cops that drink in public, AND drink and drive so like I said, it's bullcrap. You weren't acting stupid, you were doing the right thing in asking questions. In fact, I don't understand WHY he chose YOU to breathalize (example, yeah but still) "I have a badge, so do what I say." PURE CRAP! Good video!
godroxdahowse 4 years ago
Zak, did you actually think you still have any rights?
jfreedom2 4 years ago
They make you take anything as long it doesn't fall bad on them or their jobs. Thank You UNITED STATES COURTS and The Police Department! In "GOD" We Trust!
FUCK THE POLICE and The System Failed Us!
Thats why we renageds!
DonFamoso 4 years ago
That's why millions of people who are both middle class and poor class Americans are incarcerated everyday on some fake false accusations of the police. Its never been reported within the stastics or the news becuase these people never have voices! But these legal aids are just doing their job and miss represant millions of people.
DonFamoso 4 years ago
unless you get pulled over for reckless driving or speeding no you should not be forced to breathalize you. but if you are driving reckless or speeding then the officer has probable cause to "serch you" breathalize you or administer a felid test like walk ina line say the ABC's blah blah blah.
Sweetbluegrass 4 years ago
I refused the video tapping and told the video i wanted to get a lawyer to represent my rights. After all of this I came to find that they had a a statement that mentions I was driving intoxicated. I repeat i wasn't even drinking. I was outside of the car with the car engine off. And I pleaded guilty because of the legal aids attorney that don't represent the poor Right. Thats why I say this system is FUCKED UP!
DonFamoso 4 years ago
Than than forced brutality attacked my friend dropping him to the ground. Than handcuffing about three of us and putting us in the van. Than when I was in the precint they took me to this room. Where another officer asked me to make a statement to incriminate myself on drinking. So that they can video tape me. This happen in the U.S.
DonFamoso 4 years ago
Well I was arrested for DWI and I wasn't even trying or inside the car. The police officers told me to lower the music in my vehicle. When I went to lower the music in the vehicle they jumped out on me and searched me and my friends who were outside the vehicle. They than asked me if I was drinking and I didnt respond to them.
DonFamoso 4 years ago
This has been flagged as spam show
DONT READ THIS. YOU WILL GET KISSED ON THE NEAREST POSSIBLE FRIDAY BY THE LOVE OF YOUR LIFE. TOMORROW WILL BE THE BEST DAY OF YOUR LIFE. HOWEVER IF YOU DONT POST THIS COMMENT TO AT LEAST 3 VIDEOS YOU WILL DIE WITHIN 2 DAYS. NOW UV STARTED READIN DIS DUNT STOP THIS IS SO SCARY. SEND THIS OVER TO 5 VIDEOS IN 143 MINUTES WHEN UR DONE PRESS F6 AND UR CRUSHES NAME WILL APPEAR ON THE SCREEN IN BIG LETTERS. THIS IS SO SCARY Cuz IT ACTUALLY WORKS THIS reaLLY WORKS!!!!!
xico1602 4 years ago
i called the police on someone who was harassing me while being drunk recently, and the cop was trying to get me to exaggerate in order to charge the poor fool w/ 'terrorism'. i just wanted the guy to stop banging on my doors and windows. go figure!
ho2cultcha 4 years ago
Part 2.
(1) a breath test is a search, (2) the Fourth Amendment ordinarily prohibits searches without search warrants and (3) no exceptions to the search warrant requirement apply. However, the ruling does not apply to driving. Officers do have the right to give breath tests to suspected drunk drivers without a warrant because driving is a privilege, not a right. No search warrant, no Breathalyzer
Sunnybunny2006 4 years ago
Part 1.
I commend your friend for not put up with ignorant comments- good for him. With the info. you provided, you had the right to refuse to blow. It's the IV Amendment which protects us from unlawful search and seizure. The "Breathalyzer Test" is considered a search. The Supreme Court has held that an ordinance or a request "without probable case" for a Breathalyzer test violates ones Fourth Amendment, because
Sunnybunny2006 4 years ago
I love this question—I can't stop myself. He was trying to intimidate you, It's a good thing you taped him. He did not have probable case, judging you by your speech and behavior on the tape you don't seem "Intoxicated" by the legal definition. Drinking does not a drunk make...
Sunnybunny2006 4 years ago
Even though I am not in the USA, I would say that yes, it is a violation.
Kienn85 4 years ago
You know, sadly though, we have given up our rights all together, when George W. and the senate got rid of the bill of rights and habeas corpus...look it up
jaredsfa2004 4 years ago
wow, great video! Cops, drunkenness, Wesley, and did I hear you almost curse, Zak?
Joshbuckler 4 years ago
great video man. This is ZakGeorge at his best!!!
pzanello 4 years ago
It all depends on your location, whos property your on and the state laws. If the owners of the property told the cop you where a disturbance. If you admit you have been drinking then there is no reason to take the test. The only time you have to worry about telling a cop no to the test is if your in a situation where you shouldn't be drinking cause then thats probable cause. Long as your not endangering anyone your cool. Unless the cop wants to be a dick and you have a public intoxication law.
Akyrumunios 4 years ago
yes, yes, yes it is a violation of your rights!
Vote Ron Paul!!!!!
sccchef 4 years ago 2
Just as with any other role, there are those who abuse power. This can happen just as much with a grocery store manager, politician or anyone else in a position of power. These people know how to play the game and put on a facade which will allow them to gain this position and later abuse it.
Anyway, sorry for being so long winded.
AGENT24 4 years ago
This is a good example of an abuse of authority by a mere security guard in a college campus:
/watch?v=AyvrqcxNIFs
The security guard is displaying complete ignorance in continuously tazering the student and expecting him to stand up afterwards. The tazer is designed to immobilize the victim. This means that tazering someone five times and then demanding they stand up is ludicrous.
AGENT24 4 years ago
And at the same time, it's not a job for the faint hearted and abhorrent of violence. Which means that those who are very much devoted to actually protecting the people might not have the kind of attitude necessary for dealing with these violent situations that the bully types will revel in.
AGENT24 4 years ago
The nature of the job of police officer draws the kind of people that by definition shouldn't hold the position: the high school bullies with little reasoning ability. It's a job which allows complete control over people which can result in extreme injustice. It's an ideal job for someone who enjoys making others feel inferior and boosting their own ego.
AGENT24 4 years ago
I don't know cool video funny yep it does
love the vids
sonseekeryouth 4 years ago
Its a legal question of public space. A privately owned establishment is not legally public space, therefore public intoxication is out of order, even in the parking lot, its still private. Look at your local and state laws regarding intoxication, most in US say "public place or public resort". Public resort includes bars and restaraunts. In general the cop was just being an ass but also you should just learn to shut your pie hole before any of this occurs.
coffeenuts44 4 years ago
Right or wrong, if you don't have mega bucks to take on the government, you will lose.
ycantwejustgetalong 4 years ago
My personal thought is to just cooperate, especially if you have it on tape. If the cop is out of line a jury of your peers will decide whether the cop was out of line or not. As long as you know you have done nothing wrong... just cooperate. Look at it from a cops point of view, they have to protect themselves as well.
Zachor 4 years ago
People just dont like being recorded in public by strangers whether they are cops or not. You were being a drunk asshole by video taping him. If I were the cop, I would have tazerized your genitals with a stun gun.
YuToobHasAIDS 4 years ago
YuToobHasAIDS, I'm glad you're not a cop.
ycantwejustgetalong 4 years ago
I don't fancy getting filmed in public... but I totaly agree to your comment ycantwejustgetalong (:
bwhahrhr 4 years ago
youtube com -- I see it on tv! Hilarious!
youtubazer 4 years ago
You were drunk, you admitted it. The police officer knew you were, drunk, he just wanted to know how drunk. I don't think you were risking incriminating yourself.
oxford152 4 years ago
I believe it is against the law to be drunk in public. It doesn't matter if 50 other people were also. The officer hassles him because he's drunk not because of the camera. He should have gone to jail.
raygarrettjr 4 years ago
Our constitutional rights are being trampled by our government at all levels. It is a joke to think that we are a free nation. You have the SS (Homeland Security), gestapo (TSA), and all the other power-hungry henchmen (police) invading your privacy at will. Resist and pay the consequences, such as imprisonment at Guantanamo withour legal representation.
OldBob2 4 years ago
Love Wesleys Dancing - lol
redcrystalroses 4 years ago
the only thing that changed on 9-11 is we are no longer free, it is your 1st amendment right that is trampled when you are told you cannot make a video journal, one thing you might try is to say I am making a political documentary with my vid cam. all political speech and a journalism is PROTECTED no matter what.
voxxpopulisuxx 4 years ago 2
"i seen it on tv..." lol
treeguy007 4 years ago
Oh, and you need to do more blogs with Wesley. lol You'll get more views if you do. Trust me. You together are awesome!
bcpuppydawg 4 years ago
"Don't cough either. It makes you sound like you smoke cigarettes." lol Love ya, Zak.
And I pretty much agree with you on the breathalyzer test thing.
bcpuppydawg 4 years ago
As you mention, you have the right NOT to incriminate yourself. However, depending upon the local statutes, if you refuse a breathalyzer (which you can fight in court very successfully) the police may have the recourse to take you to the station for a bloodtest.
edster612 4 years ago
haha, the ending is funny. but here i've forgotten the question.
yes, i think that it is a violation of your rights. unless your acting drunk and you are under the legal drinking age.
pennygoo 4 years ago
I think he did go a bit far, but they are bound to be wary of any video tape that could maybe be used against the police. If you werent disorderly, driving or causing damage i dont think they have a right to breath test you? I dont know. Love the outtakes and the way you say y'all, lol, very american!!
redcrystalroses 4 years ago
Assuming your locale even has a public drunknness law, the hillbilly wideloads had you cold on it. You'd have to check the actual wording of the law to determine exactly what constitutes "public drunkenness," but my question is if you thought it would "incriminate" you in any way, then why did you agree to it?
I strongly encourage you to do some research and the next time a hillbilly LEO tells you to blow into a tube you'll know your rights instead of having to guess what they are.
AnimatronicJesus 4 years ago
AnimatronicJesus, what is a hillbilly LEO?
ycantwejustgetalong 4 years ago
y'all (?)
we don't say that across the pond
Figret 4 years ago
People that think US cops are so bad have no idea.. Go to another country and they would have beat the crap out of zak and dragged him away. Smart move not taking the breath test though
kzaz02 4 years ago
1. You should make your videos without your friend.
2. Should you choose to have your friend appear beside you, he should refrain from SMOKING.
menuria 4 years ago
no one asked you wesley is the shit
stert 4 years ago
menuria, We are supposed to be a free country. How does it affect you if Wesley is smoking a cigarette outdoors on top of a mountain?
ycantwejustgetalong 4 years ago
He's been in the "no videotaping" situation often enough, whether it's been footage filmed by another company that he's been instructed not to use, a venue that doesn't allow videotaping, or a store that throws him out for operating a camera on their premises. Yet he doggedly goes out and thwarts police who have requested he refrain, and most likely because the police in the last video didn't object.
JenCasula 4 years ago
Therefore, as an adult, a professional,and someone well-versed in issues like this, I don't think a police officer goes to far when a reasonable request to cease and desist is disrespected. Particularly when it becomes obvious that the motive is all in the name of YouTube, videos and the fans.
As far as refusing to take a breathalyzer test goes, my understanding on the subject is, rights or not, you're damned if you do, damned if you don't.
JenCasula 4 years ago
Zac, filming a police officer while your drunk is never a good idea. In fact, it's not a good idea to be drunk around a police officer - period! Most of them are scum bags, and most will not hesitate to arrest you and throw you in a cell with a big black nigger named Big Bonz.
MMaNutz8451 4 years ago
Honestly Zak, I haven't dealt with many policemen, but I know that they're real people. Often times they have the same mentality as the people they're defending in the region, so if you're near hillbillies who have something to prove, you'll probably get a similar cop. And the horror stories with the NYPD or LAPD have to do with cops that probably grew up in poor neighborhoods and saw their experience as an advantage in fighting it and thus aren't quite the ideal cops.
Exotria 4 years ago
MAN use 2 r funny
quickstart20o7 4 years ago
That police officer obviously takes his job seriously because his boots are sooooo shiny. The policeman did not go far enough, he should have made Wesley blow as well.
ArmchairCritic1 4 years ago
Zak..I believe that law enforcement arrests should be filmed whenever possible. as a nyc resident, the Police have a reputation of occasionally dispensing innocent citizen with "41 shots" and not the kind of shots Wes and you were experiencing! :)
KEEP FILMING!!!!
bydee 4 years ago
You need to be afraid of the "people who protect us"! A cop is nothing more than the flip side of a criminal. They have the same mentality! It's just at some point in there lives the cop has chosen to enforce the law and the criminal has chosen to break it! You need to be careful little guy, this looked like a big, dumb, kingshit cop who may feel that he has something to prove! Especially if he is as stupid as he looks!
CarterEagle1 4 years ago
i am glad you did what you did and stood your ground. Prejudice is still alive and you did your part to stand up to it so i am proud of you zak, by the way you have beautiful eyes and i find you attractive.
charliecannibal 4 years ago
Zak, you are fighting a losing battle! That guy your mate was arguing with was huge, had he reacted differently you might have been glad the cop was on your side. Don't make yourself the victim here. I like the retina scan at the end too. Good for you that you are not taking it seriously! Please do not add this comment to your video. Matt
MattBlytheTheOne 4 years ago
zak i like how u went about this in a way that u explained how and why u did everything. u didn't do anything wrong. u were polite to the cops and were aware about ur rights. good hing u weren't rude and obnoxious to them.
geese23 4 years ago
"Like we're from the future or something" Hahha XD "Don't qorry it's not like I'm gonna post it online or anything" You make the best vlogs X)
CitrusFruit 4 years ago
It is not within anyone's constitutional rights to videotape persons without their knowledge.
It is illegal to film people without their consent and without their knowledge (the media is an exception and they must identify themselves as memdia). Verbal agreement or written consent that each person has been made aware and approve of being taped is critical.
JenCasula 4 years ago
The "this call may be monitored/recorded..." notice people often hear when making phone calls to major entities like the phone company is a similar example.
That statement is there for liability purposes.
JenCasula 4 years ago
Law enforcement cameras fall into a different category, and I'd imagine that the law would be on the side of a person objecting to being taped, not to mention the fact that cops probably do find it annoying when some people contribute to mischief.
Then there's legal liability, much the same as videotaping in hospitals isn't allowed anymore.
JenCasula 4 years ago
Except upon the issuance of a warrant based on probable cause, law enforcement has no greater legal powers of surviellence than an ordinarty citzen.
This is a -foundation stone- of our culture.
Your belief otherwise is what happens when they replace "Citizenship" classes with "Social Studies" in the public schools.
IsaacBickerstaffEsq 4 years ago
Hi Jen, I don't think you can quite be correct that you can't film people in public without consent. Look at all the personally-shot video footage of 9/11 for instance all of which went from private hands to news networks, with no legal challenge. If you're in public, I don't think you have a right to privacy.
sardynox 4 years ago
I would consider that to be an obvious difference and a completely separate matter, entirely. If some catastrophe had occurred during this particular wild night, I'm sure the situation would have been quite different, and videotaping would have been met with approval instead of disapproval.
JenCasula 4 years ago
There's also the aspect of the intent with which a person is being filmed. If you see yourself on a video that you did not consent to, you have grounds for a lawsuit. If, however, that video was taped while you were at a football game, or any other place where you know you are likely being filmed for news or security reasons, the intent is different and quite shaky ground with regard to a lawsuit.
JenCasula 4 years ago
You have some very peculiar ideas about the law, which the Supreme Court disagrees with.
It is legal to videotape, even with a hidden camera, anywhere there is no inherent expectation of privacy. That is why private security cameras are legal.
Audio varies by state, in mine it is legal so long as -one- actual participant in the conversation is aware of the recording - i.e. it's legal to tape your own conversations without the other participants being aware of it.
IsaacBickerstaffEsq 4 years ago
I might also point out that the technical legal term of a member of the media in the US is - citizen.
IsaacBickerstaffEsq 4 years ago
I feel private security cameras fall under a different jurisdiction and are a separate issue.
JenCasula 4 years ago
Certainly laws vary by state. I'd say the decision is also one left up to the discretion of an individual/business, as well.
I'm familliar with facilities that cater to youth clientele, where filming is expressly prohibited. Parents are deterred from taping their kids because other kids get filmed as well. It's a safety precaution. Staff prevents it in this public venue because it can't control who elses' kids might get taped without consent or awareness- from the child or the parent.
JenCasula 4 years ago
Your feelings on this matter are not the law. What's more, they are legally nonsensical.
IsaacBickerstaffEsq 4 years ago
The sad thing is, that being a country whose laws are based on constitutional statements that were left up to the interpretation of the individual is now starting to do us more harm than good.
JenCasula 4 years ago
This is why people are so sue-happy, why doctors fearing malpractice have resorted to banning cameras from hospital rooms, why police officers fearing claims of "police brutality" are wary of cameras, why things like the HIPPA Act are in effect. A person's physical being is their property, and videotaping a person without their knowledge or consent has been deemed in recent years to be an "invasion of privacy."
JenCasula 4 years ago
Just as we are now required to stay a certain distance back from pharmacy countersr while pharmacists are discussing meds and conditions with clients.
JenCasula 4 years ago
Eavesdropping is an invasion of privacy.
Videotaping without consent has been seen as such often enough, as well. A person's health and medical history is their own business, and no-one elses, unless they have chosen to make it so.
JenCasula 4 years ago
Once upon a time it was only "unprofessional" for a doctor, nurse, pharmacist or personal trainer to discuss a client's condidion -even on a no-name basis. Now it's illegal. People take offense and so many of them have been allowed to sue because of it that our country has become one of fear. Fear makes people unfamilliar with videocameras object, just as it makes doctors, police officers, etc... uncomfortable.
JenCasula 4 years ago
What about blogs? Posting about someone without their consent, in a private blog on the internet could get a person in just as much trouble, if the person being discussed found out and objected, and decided to take the matter far enough. Even if names were withheld.
JenCasula 4 years ago
Much as I loathe hearing celebrities whine on t.v. about their pictures being taken without their consent, this falls under the same category. When you think about it, how is a person objecting to being photographed, videotaped, or otherwise recorded much different than, say, copyright infringement? It's an "out there" example, but I think that's where society is headed.
JenCasula 4 years ago
As it is, we're still debating mostly the moral, professional or ethical decision, which is open to an individual's interpretation and discretion. In that case, let's look at Zak's issue a bit more closely.
JenCasula 4 years ago
p.s. read up. it is NOT "illegal" to (record) persons without (or with) their knowledge; esp IN A 'PUBLIC' PLACE - which is the WHOLE POINT of why he could've been arrested.
mrdbond 4 years ago
This is another issue of the "intent" behind filming or making a video. You can see my previous comment on the subject. Filming or posting a video for the amusement of yourself or someone else without their consent is not legal. Filming with the intent of public safety (such as traffic cameras) or NEWS is legal because of the intent (public safety, news).
JenCasula 4 years ago
Well, yes, you have a lot of comment; and as you reply "intent" may or may not be "in the eye of the beholder" (sic). Anyway, I mailed him a whole long diatribe about the mistaken issue of claiming "fifth amendment" ("the fifth") which really has nothing to do with his altercation.
mrdbond 4 years ago
Good one. I'd wondered about that misconception, as well...
JenCasula 4 years ago
you should be allowed to tape anywhere in public
WowItsShelly 4 years ago
You are, even on private property. They remove you from the property if they don't like your activities, but they cannot actually restrict your taping.
If they "confiscate" your camera, or even just your media, the technical legal term for that is "theft." Charge them with it.
IsaacBickerstaffEsq 4 years ago
If you weren't doing anything wrong then I don't think the cop had the right to test you.I think he got one side of the story from the guy and pegged you 2 as trouble makers.I don't like police officers.I haven't met too many nice ones.Living in the city I've seen alot.
noahsark1962 4 years ago
(4/4) You should have the right to videotape as long as you can accept the risk of pissing off the wrong law enforcement officer and getting harassed as you were. As for your being asked to take a breathalyser test, you absolutely do NOT have to comply with that. Nor can you legally be forced to give a blood sampleHi hi. You should only do so on the advice of a lawyer. Keep in mind however, that you CAN find yourself in jail for exercising your constitutional rights, especially post 9/11.
Trallth 4 years ago
(4/4) You should have the right to videotape as long as you can accept the risk of pissing off the wrong law enforcement officer and getting harassed as you were. As for your being asked to take a breathalyser test, you absolutely do NOT have to comply with that. Nor can you legally be forced to give a blood sampleHi hi. You should only do so on the advice of a lawyer. Keep in mind however, that you CAN find yourself in jail for exercising your constitutional rights, especially post 9/11.
Trallth 4 years ago
(3/4) I don't see any reason why videotaping the actions of law enforcement should be considered inappropriate. Law enforcement opened the door to videotaping its actions. To limit that right to law enforcement is one sided and inherently biased. That right shouldn't be withheld from the general public unless the videotaping itself is inciting illegal behavior in some way. I would argue would be in an extreme minority of situations. It helps balance inequity and one sidedness of the 'dash-cam.'
Trallth 4 years ago
(1/4) Hello Zak, I've noticed that people never begin their comments with a salutation. This is my first comment on any of your videos, and only my second EVER comment on YouTube, although I am one of your subscribers and have seen all of your available content. Since YouTube only allows 500 characters, I guess this is going to have to be a multiple part post.
Trallth 4 years ago
(2/4) I was compelled to comment because I wanted to make a point about recording the actions of law enforcement on video. It's done all the time, but usually by the law enforcement officers themselves via 'dash-cams.' It's done mainly to use against people in court, but sometimes law enforcement officers are caught on their own cameras doing unethical and illegal things themselves. I suspect a lot of documented misbehavior never sees the light of day.
Trallth 4 years ago
I also want to say that ego problem's are not specific to police officers, we have those type of people in all walks of life. A little bit of power and they are off!
wildbrain03 4 years ago
I absolutely believe that you have the right to videotape any public place as long as it does not invade someones personal privacy (such as the bathroom). I also believe that in the United States our police department have a small number of people that get a big boost for their ego's by pushing other people around using authority they may or may not have.
wildbrain03 4 years ago
This officer did go too far, why should he be so troubled that someone is video taping? He stated your actions as if you were filming because you were drunk. Cops film individuals and situations everyday; they have hidden cameras on their dashboards. If you think about it, there are enough videos of cops to land a few behind bars for brutality. I think that's the main source of negative public opinion on the topic. You could suppose that is the reason they are so camera shy.
GuppyLure 4 years ago
the outtakes....too cool!
fundogteam 4 years ago
XOXO I love your videos, Zak. Personally, I don't like the government getting involved in my life at all. I want to REALLY be free, not just be told I'm free to find that I'm not. I think most (not all) police officers aren't in the job for helping people...they were either the bullies in school or the ones being bullied who decided they'd get some power over their lives by becoming cops.
GypsyArdor 4 years ago
lmao @ the last min or so! Don't <i>most</i> police officers have video cams mounted inside their patrol vehicles? My hubby does and he's not the least bit camera shy. He isn't a breathalyzer bully either. If it ain't broke... Stupid bad apples ~ glad they aren't all like that ;)
MrsCop 4 years ago
First, let me say that I always enjoy your videos. However, just because your are a "video blogger" does not mean that any and/or all siutations are appropriate for filming. Anything having to due with law enforcement would be a perfect example. American cops have big egos and they are not all good guys, but to avoid getting in to a nasty situation, it is better to go along with what they say, even if you don't agree. Then later, take it to legal counsel or other governmental departments.
kkajapan 4 years ago 2
kkajapan, I agree with you.
ilovedonaldtrump 4 years ago
Just love your videos xxx hugs xxx
twish1999 4 years ago
Vulgarilly???
ilovedonaldtrump 4 years ago
Our cops are mostly fine guys and gals, but don't kid yourself, bad cops do exist. I'm not saying the one in this video is bad, but if you take on a cop, you are going to lose. They have bigger guns.
ilovedonaldtrump 4 years ago
First off I want to say that even though we are in the United States of America and the "motto" here is "Innocent until proven guilty" its a line of crap. It has been my experience and what I have seen that you are in fact "Guilty until Proven Innocent." I think that you had the right to videotape the whole thing. Like you said people all over do it.
punkyB24 4 years ago
First off I want to say that even though we are in the United States of America and the "motto" here is "Innocent until proven guilty" its a line of crap. It has been my experience and what I have seen that you are in fact "Guilty until Proven Innocent." I think that you had the right to videotape the whole thing.
punkyB24 4 years ago
Like you said people all over do it. I am curious though as to were you the only one that was standing there "drunk in public"? If not I believe that he was just using his power of authority on you because of the simple fact that you were vidoetaping it. I don't really know how it works with denying a breathalizer test down south, but I do know that if you deny it here in Nebraska that to them it is an admittance of being guilty and they will arrest you.
punkyB24 4 years ago
I don't believe that in a legal way he had any probable cause to ask you to do that. As far as the 5th ammendment and incriminating yourself you always have that right to say no. It just seems that the Constitution that was set up for our rights so many years ago has been overlooked in so many ways.
punkyB24 4 years ago
This is just another object of proof that even though its preached doesn't mean that its followed. While telling you that you couldn't film what was going on was in a way denying you your 1st ammendment.
punkyB24 4 years ago
I hate to break it to you Zak, but when you signed your driver's license, you signed away a lot of your rights, including your right not to incriminate yourself by not taking a breath test, whether you're driving or not. We've given up a lot of rights in the name of traffic safety.
digger96 4 years ago
Your friend is so cute!
AshleyArms 4 years ago
dude wtf its U.S.A you have freedom of videoing.if you dont wanna take the damn blow test you dont its usa.you should have ask the cop its usa i dont have to if i dont want to i have freedom.? arnt i right
bad941boy 4 years ago
You have the right to remain silent; that is to not answer any questions.
You have the right to refuse to take the breath test; you can not be forced to take it.
rlepine 4 years ago
".....and you might be a redneck if you and your white trash woman are in a honky-tonk bar being videotaped by two guys named Zak and Wesley who are enlightening your bigoted viewpoint regarding the ethnic diversity of the American population..."
geyser 4 years ago
I definitely think the police officer went way too far! You shouldn't of had to have taken the breathalyzer test. Since you weren't making a scene or being rude to anyone. The cops everywhere just have nothing better to do and they have the suit and badge, which also goes to their heads, that lets them go too far.
MorgRochele21 4 years ago
Ew, Wesley smokes. He seemed like a nice guy in the first video. =/
Anyway, you have nice eyes. Didn't really like the rest of the video.
Xanxer 4 years ago
"Did this police officer go to far?" um it's "too far" too with two o's...don't let it happen again...
:) great video
hend6475 4 years ago
He did go too far. But basically the whole breathalizer/public intoxication accusation was just a means to get you to stop filming the cop. Camera's make American cops nervous because of all of the accusations that get thrown at the ones being videoed, by the public, their supervisors, etc. It's the biggest threat to their job. That being said... if they are a GOOD cop... enforcing JUSTICE and PROTECTING the public.... then they would have nothing to be afraid of.
blumac81 4 years ago
I don't think you should have had to take that test. Unless you are driving or making a big scene, which you weren't, I don't see what is wrong with being drunk. Therefore I think that the breathalizer was unecessary. I'm sure the officer thought he was doing the right thing, but I do think that he made a mistake. Made for one of your more interesting videos though.
ranmaryoko 4 years ago
In Wisconsin, you do have the option of refusing the brethalyzer test. However, if other field tests indicate that you are probably drunk, or the officer has reason to believe you are drunk, you must subject to a blood test instead, and they take you to the hospital for that. You aren't get arrested for refusing the breath test unless you make a scene and qualify for disorderly conduct.
mattwaltonisbored 4 years ago
your getting in trouble by the cops alot lol
Amazingspideyfan5 4 years ago
So nothing happened to you? This was all leading up to a big lot of nothing?
What a let down.
AmaPolito2 4 years ago
OMG! And to think some girls actually think Wesley's cute...gross!
tsalaghi 4 years ago
So, which one of you chose to go to this bar?
geyser 4 years ago
Also concerning the fith amendment... here in Va if a cop asks can he look in your car or trunk and you say no.... that constitues resonably suspicious behaviour and gives the cop the right to search your car. I dont know maybe VA cops are just dirtier then others.
boportsmouth 4 years ago
Hey Zak, good to see you back. Since you live in Hillbilly country, dont mess around with those rednecks, thats like stooping down to their level, those pigs. Just ignore them, dont do nothing unless they actually do something to you otherwise just call the cops and accuse them of public intoxicaton.
cssniper06 4 years ago
I'm glad you made it out ok, although Zak George Jail Vlogs would have been pretty interesting. lol.
quepasakoolj18 4 years ago
I can only speak of what I know. and here in Portsmouth you do not film cops. a cop across the street from me let her kid smoke pot and drink and smoke underage. my mom knows cops from NY city who threw a guy off a brige in an effort to get information on some one. they didnt mean to they just got confused about who was gunna hold on and who would let go when they scared the piss out of him. I dont trust cops here in portsmouth. too many of them smoke the drugs they bust and flout the law.
boportsmouth 4 years ago
lol also its pronounced "porchmuth" or "portsmuth" depending on weather or not you where born here. Its also known as P-Town and PistolCity
boportsmouth 4 years ago
holy cow ! I laughed SO Hard at this comment! haha! hey, this guy was just feeling threatened, and in order to maintain control he used his authority on you. You always have a right to say no to a breathalyzer (here in GA) and then they can take you in if they want, but hopefully u'll sober up by then.
GREAT VID!
oh and to answer ur question, in IRELAND i got drunk and a young copper walked me home. they also don't have guns...nice
Ladycroft144 4 years ago
Hey, Zak...I sent a video comment. I sent one to the underwear video the other day, too, but I don't know if it ever got posted. "Rocky Top"..wooh! :-)
Hugs,
Bobby
bobby78751 4 years ago
oh wow, a shout out. to answer your question I would have to say "in a perfect world..." How ever there are laws concerning what people can film and yes those laws are changing. how ever if this cop had been arresting some one you would have been out of bounds. that person could have brought a legal case against you for a violation of their right to privacy if you posted it. I'm glad you werent and that things where resolved with out you going to jail.
boportsmouth 4 years ago
wow someone with brain and some common sense- with what cops deal with on a day to day even the best cops are a little sensitive
z2u 4 years ago
your outtakes lol. love it the nose picker and zak up close.
stacyviacomsucks 4 years ago
so are you finally home now cause by the looks of your video vlog you are? i agree i think they went to far. i guess u can't walk with a beer if you do even though your not being loud they can still gave you a ticket for it and i think its not right since there walking not driving. and i don't see whats wrong with video taping a cop. i think its wrong that a cop gave a ticket when the car was in my own drive way but they still did it cause it was blocking the side walk.
stacyviacomsucks 4 years ago