Pro-gun YouTuber arrested in Brevard County for wiretapping, Titusville police say
BY Herschel Smith
Oooo … sounds awful, yes? Wiretapping? Arrested? Oooo …
A YouTube creator known for posting pro-gun videos faces charges in Brevard County after police say he illegally recorded a phone conversation with the county parks and recreation operations manager.
Michael Taylor, 41, was booked into the Brevard County jail early Thursday morning.
According to investigators, Taylor post videos on his two YouTube pages, Soloyaker and The Armed Fisherman, where he conducts “First Amendment and Second Amendment Audits” around the state — which entails him open carrying a gun and a fishing pole and then filming the response from police.
According to Titusville Police, Taylor was recently asked to leave Parrish Park along A. Max Brewer Memorial Parkway, where he was “fishing” with a rifle. Police included the quotes around the word fishing in their report.
Officers said the man then made multiple calls to the police department and the county parks and recreation department. Police said, during one of these calls Taylor recorded the conversation he had with Jeff Davis, the operations manager for Brevard County Parks and Recreation.
The conversation was included in a video uploaded March 3 on The Armed Fisherman YouTube page titled “Someone is Lying!!! Titusville PD O Board OF Commissioners Or Is It Conspiracy,” according to an affidavit for an arrest warrant.
Police said Davis was never informed that he was being recorded and did not give permission for the call to be recorded. Florida law requires that both parties consent for a conversation to be recorded.
The First Amendment does allow for individuals to record public officials in the course of their duties while they are in public — such as recording a police officer during an arrest — and sometimes in private settings. However, News 6 legal expert Steve Kramer said that Florida’s two-party consent law doesn’t allow an individual to record a private phone call with a public official without their consent, even if that public official is on the job at the time of the recording.
And before you jump to conclusions, the comments point out that “In general, courts have concluded that employees do not have a reasonable expectation of privacy while they are at work. See Jatar v. Lamaletto, 758 So.2d 1167, 1169 (Fla. 3d DCA 2000).” And another user writes “Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). Public employees can be recorded. I guess Brevard County wants to find that out the hard way, which will likely also be the expensive way.” And finally there is this. “Hey I believe the 2 party consent does not apply to public officials, especially if the public official is on the clock (which I believe was the case), as they are paid by the public they loose their expectation of privacy when in the course of their duties, very similar to being able to record police.”
As should be the case. There should be no stipulation for permission to catch a public employee in the act of lying.
I have watched his videos before, and even linked or embedded a few of them. He does good work. Drop by and give him a thumbs up for his hard work. He is a patriot doing the things necessary for liberty. Florida, for all the good DeSantis is doing, is too much a collectivist state for my tastes.
There is no reason to deny Floridians open carry. The governor should make this a focus. If he did, the issue would be gone in a flash.