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Pleasanton residents who took what seemed to be a normal trip to the post office last week were met with something unusual: masked men pointing cameras in their faces.
But as residents complained, criticized and, in once instance, tried to swat the cameras out of their hands, many realized there was nothing they could do, including calling the police.
“Photography and the recording of video are common activities and are neither crimes nor indications of criminal activity, in themselves,” Pleasanton Police Lt. Nicholas Albert told the Weekly on Tuesday.Â
“This is because there is no expectation of privacy in public spaces,” he continued. “Neither photography nor the recording of video, standing alone, can form the basis for a detention, arrest or warrantless search by law enforcement.”
According to Albert, the two incidents took place on Aug. 3 and Aug. 6. Both times, officers responded to multiple calls regarding masked individuals who were recording people entering and exiting the post office located at 4300 Black Ave.
The masked men are known as First Amendment auditors, content creators who take videos of government officials, buildings and, at times, regular people as a way to exercise their constitutional rights to film in public.
But as seen in the handful of videos that the individuals have posted to YouTube, many Pleasanton residents were either not aware of the self-proclaimed auditors’ rights or were flat out not happy to be recorded, which eventually escalated to the Pleasanton police being called.
The Weekly reached out to one of the channels that posted the interactions but has not heard back as of time of publication.
Many also took to social media to complain, or warn others, about the two individuals taking videos. Eileen Mammen said in a NextDoor post, “It was creepy and disrespectful to follow me to my car and to continue to video my presence.”
However, as Albert pointed out, there isn’t really anything officers could do other than observe the individuals exercising their right to “observe, take photographs and record video in any public place where they are lawfully present”.
“Locations an individual has a right to record include public streets and sidewalks, an individual’s home or business, common areas of public and private facilities and buildings, and any other public or private facility at which the individual is lawfully present,” Albert said.
He noted that while on scene, officers “did not observe any violations of the law that would prompt police intervention,” which is why they simply left.
In case they come back, Albert said the best advice for people who don’t want to be recorded is to simply not engage with the individuals because, as seen in the videos, they seem to capitalize on people who get angry or confrontational.
“Engaging in verbal disputes only increases the likelihood that footage would be shared and physical conflicts can result in criminal action,” Albert said. “Should a community member feel that a violation of the law has occurred, such as unwanted physical contact, they are recommended to contact the Pleasanton Police Department.”
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