A man was video recording outside the Fremont Police Department in Northern California when he was confronted by a cop, who accused him of “suspicious activity,” claiming the police department was “confidential information,” even though it is paid for by tax dollars and can be clearly seen from the street.

She then added that he was not allowed to video record license plates, even though she probably calls in people’s license plates on a daily basis.

And then she decided to pull out her own phone to record him, but it doesn’t appear as if she knew how to work the camera because she clipped it back on her uniform after fiddling with it for a few seconds.

Officer Jill Martinez told Howard Mora that he was being detained at :21, but at 1:18, she said, “can I ask you to leave?”, so it was obvious she didn’t know how to handle a citizen who was legally expressing his First Amendment right to record in public.

Thankfully, Sgt. Patrick Epps arrived on the scene to save her from further embarrassment.

“Hey sarge, this guy was videotaping cars coming in and out of our police department, which is very suspicious, and he refuses to identify himself and will not put down his camera,” she told him. “I told him it’s not ok for us, especially because of the confidentiality of us.”

“What’s your name, sir,” Epps asked Mora.

“I’m going to remain silent,” Mora said.

“Am I being detained or am I free to go?”

“You’re free to go,” Epps responded.

Mora thanked them and walked away.

But expect him to be back considering this is only his first video on his new Eye on Fremont Youtube channel.