California Deputy Detains Man for Video Recording Arrest, Accusing him of Possibly Plotting Murder


An Orange County sheriff’s deputy detained a man for more than 12 minutes because he was video recording her and another deputy making an arrest at a gas station.

The deputy pretended she was only looking out for the best interest of the suspect, who was getting arrested for unknown reasons.

The citizen told her he was also looking out for the suspect’s best interest, ensuring he doesn’t wind up the victim of police abuse.

Michael Schmidt said in his Youtube description that the incident took place two days after Kern County sheriff’s deputies beat David Silva to death, only to confiscate cell phone cameras from witnesses who had recorded the beating.

The deputy first demanded his identification, even though he was not doing anything that would give her reasonable suspicion that he was committing a crime.

He was, however, sitting in the driver’s seat of his car, which gives her a little more legal leeway in obtaining his identification, even though it was clear she was not doing it as a result of a traffic infraction.

“I don’t know what your intentions are, sir,” she told him. “Why are you videotaping this gentleman as he is getting arrested?

“How do I know you’re not going to post this on Youtube or somewhere public where his family is going to get hurt because of this incident?”

Schmidt asked if he was free to go, but she informed him that he was being detained, even though she couldn’t give a clear reason as to why.

“Maybe you’re here to kill this gentleman or kill one of us,” she said.

Or maybe he was just trying to prevent them from killing the suspect.

“I’ve just seen a lot of abuses by people in your organization,” he ¬†later said. “You guys make up laws a lot of times.”

“I don’t make up laws,” she responded.

But she obviously does make up laws because she detained him illegally.

If you find yourself in such a situation, please make sure you get their name, especially if they’re insisting on knowing your name.

OC deputy

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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