BY SARAH STEPHENS
ELMORE/AUTAUGA NEWS OWNER
Editor’s Note To watch the entire video that ends with the arrest, please follow this link: https://www.youtube.com/watch?v=8yIvU3j6-QI
This is part one of two articles I am planning concerning this issue. Below is our discussion with Erik Deriso, of Eclectic. He was arrested last week for Obstructing Governmental Operations when an officer approached him while he was filming in public. He refused to identify himself and was eventually arrested.
This is not an uncommon incident. Several years ago a similar incident occurred in Wetumpka that involved an arrest. Charges were later dropped after the case went before an Elmore County Grand Jury.
So, how do you think officers should handle these situations?
In the second article we will speak to area law enforcement on how they deal with 1A Auditors and Sovereign Citizens. But we would like to hear your opinions after you watch the video in its entirety of the interaction between Deriso, people on the street who asked not to be filmed, and eventually the officer who arrived after a complaint call was made.
Erik Deriso, 43, of Eclectic says his arrest this past week in Eclectic after he was filming in public downtown goes against his Constitutional and First Amendment rights.
Originally from Tallassee, Deriso said he is a fan of 1A Auditors, or First Amendment Auditors. This is a group that will test the limits of government officials in several ways, one of which is filming them in public places and the interaction when they refuse to obey commands, such as giving their identification.
From Tallassee originally, Deriso moved to Eclectic later in life and started a family, he said..
He works in Construction, but also has a lot of side jobs. He is considering quitting his other jobs and becoming an Auditor full time. He said that if his Youtube channel gets enough views, it can be make money through advertising.
He has a Youtube channel under Alabama Tyrant Trapper. After his arrest by an Eclectic officer, he has also started a GoFund Me page under his name to help hire a lawyer.
As for the incident on the night of July 14 in Eclectic, he said he wasn’t purposely trying to have an encounter with police. His grandfather is from from Eclectic, and the town holds a lot of nostalgia for him, he said. He told me he had gone to a store to pick up milk for his child and just wanted to take a short video. Over 20 minutes into that video is when he had an encounter with an Eclectic officer. When asked to identify himself he refused, had words with the officer which can be seen in the video, and was arrested.
“I am more of a private guy. I wasn’t trying to video anyone. I just wanted to do a little filming for myself. I was harassed, kidnapped and my property was stolen for two days,” Deriso said.
“Under Code 15-5-30, you have to be suspected of committing a crime before you are arrested. We have the right to privacy. I was doing a first amendment protected activity. I wasn’t trespassing or anything,” Deriso said.
Deriso said that initially the officer told him he was being arrested for disorderly conduct. “I don’t think I was being disorderly. Then the officer said it was for failure to show ID. I told him you have to charge me for something before I have to show you my ID,” Deriso said.
The final charge ended up being Obstructing Governmental Operations. He remained in custody after his arrest for around 24 hours before he bonded out.
“Once in custody, I willingly gave them everything. They asked me why I didn’t do that (initially), I said I don’t have to. It is my constitutional right.” Deriso said.
At one point early on in the more than 20-minute video, someone walked out of a business and asked Deriso what he was doing. “But nothing came of that. The second time, the lady said I did not have her permission to film her. I told her this is public and the Supreme Court has already ruled on it. You do not have any privacy in public.”
Deriso said he has never had an arrest for this type of charge before. But he is adamant he believes in the cause and the First Amendment.
“I think the First Amendment is first because we have to keep our officials in check and in balance. We do have the right to record them in public and any interaction with them. I just wanted to figure out who the bad police are. The bad police are what is killing the good police. That is the disconnect. I love the good officers. I have family who are law enforcement. But if you don’t know the law or the Constitution and took an oath to protect it, you are a bad cop. You probably need to be working in a McDonalds.”
Derizo said that filming in public places is part of the idea behind the group known as First Amendment Auditors of which he is a fan. Not long ago, Deriso “tested” the reaction in downtown Tallassee.
“In Tallassee I just filmed the outside of a historic building. I did a little shot, made sure I was seen. I was not doing anything wrong and left. Nobody harassed me or bothered me. I didn’t have to answer any questions. So that is a pass,” he said.
Because of his arrest, Deriso said he has established a GoFundMe under his name to allow him to hire a lawyer. He said a lawsuit against the town of Eclectic is on the table.
This coming week, I will have the second part of this story after talking with law enforcement officers. I would really like to hear your opinions. And in case anyone wonders, I am a big fan of the 1st Amendment. But there are some seemingly gray areas. For me personally, if an officer asks for my identification, I am handing it over with a quickness. I consider that respect. But how it is covered in the courts can be a totally different animal.
