Video casts doubt on arrest of activist filming Shell facility near Houston

Philip Turner, an activist who films sensitive facilities in proclaimed defense of the right to record, was arrested Wednesday for filming outside the Shell Oil facility in Deer Park. Philip Turner, an activist who films sensitive facilities in proclaimed defense of the right to record, was arrested Wednesday for filming outside the Shell Oil facility in Deer Park. Image 1 of / 48 Caption Close Video casts doubt on arrest of activist filming Shell facility near Houston 1 / 48 Back to Gallery

Video shows the contentious arrest of an activist Wednesday while filming a Shell Oil facility in Deer Park.

In it, a dispatcher with the Harris County Sheriff's Office seems to question the legitimacy of trespassing charges brought against the activist, Philip Turner, 26, who routinely turns cameras on law enforcement facilities to probe tolerance for video recording.

He films on behalf of the Florida-based activist group Photography is Not a Crime, which calls photography constitutionally-protected free speech and conducts "audits" to test policies towards filming in public spaces.

RELATED: Texas 'cop blocker' helps law enforcement stay off YouTube

"First Amendment audits often highlight a lack of basic training on America's supreme law of the land in our public officials and law enforcement officers," said PINAC director Grant Stern.

He said that Harris County deputies seem not to have known that Turner's camera was streaming video live to Periscope at the time of his arrest.

In the 30-minute video, Turner is filming the Shell facility from a sidewalk near the spot where his colleague, Earl Worden, was arrested on Monday, also for filming. A Harris County sheriff's deputy approaches and tells Turner he is trespassing on federal property, which is false. He later says Turner is trespassing on Shell property.

The deputy asks Turner to produce identification, and Turner claims state law requires him only to identify himself to an officer if he is arrested.

RELATED: Video captures standoff between Austin police and activist who refuses to identify

Texas penal code 38.02 says, "A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information."

The deputy says Turner will be arrested if he does not furnish identification, and Turner asks why.

"Because under state law you should identify yourself to a police officer," the deputy says.

Upon further refusal to identify, Turner is arrested, handcuffed and placed in the back of a police car.

In a press release issued Wednesday, the Harris County Sheriff's office said that protecting the sensitive industrial areas along the Houston Ship Channel was a top priority, and that "immediate and decisive response from deputies continues to safeguard the targets of potential interference or attack." They also noted that Turner has a history of confrontational encounters with law enforcement over his photographic activism.

Turner's camera continues to record after he is placed in the vehicle, and radio conversation between officers and dispatch can be heard after a female officer says the suspect is in her vehicle. A dispatcher asks with what he is charged.

RELATED: Video shows activist handcuffed as police question if he had a bomb

"I don't know, I'm going to assume trespassing," the officer says.

"See if you can find out more specifically what the charges are, it's kind of hard to trespass on a public roadway," a dispatcher responds.

A spokesman for the Sheriff's Office said deputies called the district attorney's office to ask if chargers were appropriate before taking Turner to jail. A spokesman for the district attorney's office said prosecutors were reviewing the charge, and that Turner would make an initial court appearance on Friday so a judge could hear the allegations against him.