Bennett's face turned a shade of mottled crimson that perfectly matched the stripes on the American flag patch on his shoulder. He felt his authority slipping, and like many young officers with poor training, he tried to grab it back with volume.
"You were observed acting suspiciously near the Miller Creek Bridge, taking photographs of critical infrastructure! In this day and age, that’s a security concern. Now, give me the ID."
Marcus almost smiled. Critical infrastructure that is falling apart, he thought.
"Photography is a First Amendment-protected activity, officer," Marcus replied calmly. "The bridge is visible from a public roadway. Taking pictures of it is not a crime. It is not reasonable suspicion of terrorism. It is not reasonable suspicion of trespassing. Unless you can articulate a specific crime I am about to commit, have committed, or am committing, this is a consensual encounter, and I am declining your request for ID."
"It's not a request!" Bennett shouted. He took a heavy step back and angrily unsnapped the retention strap on his holster. "This is a lawful order. You are operating a motor vehicle on a public roadway. You are required to identify yourself."
"I am required to display my license if I have been lawfully stopped for a violation of the motor vehicle code," Marcus corrected him, reciting the statute effortlessly from memory. "Since you have admitted this stop is based on my photography—a constitutionally protected activity and not a traffic violation—the stop is unlawful. I am not refusing to identify myself to a lawful authority. I am refusing to validate an unlawful seizure of my person."
"Step out of the vehicle now. Hands where I can see them!" Bennett yelled, his hand now hovering inches from his sidearm.
"Officer, I haven’t committed a crime. Photography is protected by the First Amendment."
"You don’t get to lecture me on the Constitution!"
"Then you’re about to violate it on camera," Marcus warned, his tone finally carrying a razor-sharp edge.
Have you ever been in a situation where you knew you were absolutely right, but the person with the gun simply didn't care? It is a terrifying feeling for most people. But for Marcus Thorne, it was just Tuesday. He knew exactly where this was going. He knew the case law—Terry v. Ohio and Hiibel v. Sixth Judicial District Court. He knew that Bennett was digging a hole so deep that his entire department was going to fall into it.