Connect with us

Hi, what are you looking for?

Legal

He filmed a traffic stop – then deputies cuffed him without knowing he was a police officer who knew his rights

He filmed a traffic stop then deputies cuffed him without knowing he was a police officer who knew his rights
Image Credit: Bodycam Legend

A Colorado traffic stop turned into a costly lesson for the Adams County Sheriff’s Office after deputies handcuffed a man for filming them, only to learn afterward that he was a Denver reserve police officer who understood exactly what the law allowed him to do.

According to a recent video by bodycam footage channel Bodycam Legend, the incident happened on December 19, 2023, after Barry Zatkalik recorded an Adams County deputy who he said had been speeding without lights or sirens before later pulling over another driver.

A Complaint Over Speeding Turned Into A Detention

The bodycam footage shows Zatkalik calmly asking the deputy for his name and badge number, explaining that he wanted to make a complaint because he believed the deputy had been driving around 80 mph in a 65 mph zone without emergency lights or sirens.

The deputy, later identified in the video as Deputy Walter Berlinski, responded by asking Zatkalik for his license, registration, and proof of insurance, even though Zatkalik insisted he had not been pulled over and had only stopped nearby while using his phone.

Zatkalik repeatedly asked for a sergeant and refused to provide identification, arguing that filming a traffic stop from a distance was protected activity and that obstruction required more than simply recording.

Berlinski then warned him that he could be arrested for obstruction, and when Zatkalik stood his ground, the deputy ordered him out of the vehicle and threatened to use a Taser if he did not comply.

Deputies Learn He Is Also A Police Officer

After Zatkalik stepped out, deputies discovered that he was armed and had a concealed carry permit, and one of them soon realized he was connected to law enforcement himself.

“He’s a Denver cop,” one deputy said during the encounter, while Zatkalik responded that he knew his rights too.

Deputies Learn He Is Also A Police Officer
Image Credit: Bodycam Legend

That detail did not create the right to film, because ordinary citizens have that right as well, but it clearly changed the tone of the stop. The situation quickly moved from a deputy trying to force compliance to a supervisor trying to understand why a man had been detained in the first place.

When the sergeant arrived, Berlinski explained that Zatkalik had pulled up near his traffic stop, recorded him, and refused to identify himself. The sergeant immediately asked the key question: had Zatkalik walked up to the stop?

When Berlinski said no, the sergeant replied that there was no obstruction.

The Sergeant Admitted The Problem

The supervisor’s response was unusually direct. He told the deputy the case was “weak,” and the Bodycam Legend host noted that the sergeant appeared to recognize almost immediately that the detention lacked a lawful basis.

Zatkalik then explained his side of the story, saying he had been driving on Highway 85 when the deputy passed him at what he believed was roughly 80 mph. He said he recorded the deputy’s speed because he intended to file a complaint.

When he later saw what appeared to be the same deputy conducting a traffic stop, Zatkalik said he held his phone out to record, partly because he wondered whether the deputy was ticketing someone else for the same behavior he had just displayed.

Zatkalik told the sergeant that he never interfered with the stop, never approached the deputy, and asked for a supervisor several times before being pulled out and handcuffed.

The sergeant did not argue much with him. He acknowledged that people are allowed to record traffic stops, pull off to the side of the road, and even make comments, so long as they are not actually interfering.

An Apology, But Not The End Of It

The sergeant apologized on behalf of the sheriff’s office, telling Zatkalik that what happened “shouldn’t have happened” and promising that it would be handled.

Berlinski later offered his own apology, saying he had not intended for the encounter to go the way it did. Zatkalik’s response was blunt: “You ought to know better.”

An Apology, But Not The End Of It
Image Credit: Bodycam Legend

That line captured the problem better than any legal lecture could. A person should not need to be a police officer, lawyer, or constitutional scholar to avoid being handcuffed for filming public officials performing public duties.

Bodycam footage then shows Zatkalik asking if he was free to go, and Berlinski told him he was. Zatkalik indicated that the matter would not end roadside, telling the deputy he would see him in court.

Why The Recording Issue Matters

The Bodycam Legend video frames the encounter as both a First Amendment and Fourth Amendment issue, and that is the heart of why the case drew attention.

Recording police in public has long been understood as protected activity when done from a lawful place and without interference. At the same time, detaining someone generally requires a legal basis, not just irritation, embarrassment, or a refusal to answer questions when there is no valid stop.

This case is also a reminder that “obstruction” can become a catchall word when officers are frustrated, even if the conduct being described does not actually block, delay, or interfere with police work.

That does not mean people should crowd officers during traffic stops or create unsafe roadside distractions. But the footage, as described by the channel, showed Zatkalik recording from a distance, sitting in his vehicle, and asking for a supervisor before things escalated.

The County Paid For The Mistake

The County Paid For The Mistake
Image Credit: Bodycam Legend

According to Bodycam Legend, Zatkalik followed through on his promise to sue Deputy Berlinski, the Adams County Sheriff’s Office, and the county.

The case ultimately ended with an $80,000 settlement and a formal letter of reprimand for Berlinski.

That outcome matters because apologies at the scene are not the same as accountability, especially when a detention has already happened. The settlement did not erase the encounter, but it did put a price on a mistake that the supervisor himself seemed to recognize almost immediately.

The most telling part of the footage may be how quickly the situation changed once a sergeant arrived and asked basic questions. Did he walk up to the stop? Did he interfere? Was there an actual obstruction?

When the answer was no, the rest of the case began to fall apart.

In the end, Zatkalik’s status as a Denver reserve police officer made the encounter more awkward for the deputies, but it should not be the reason his rights mattered. The right to record public officials belongs to the public, and this case shows how expensive it can become when officers forget that.

You May Also Like

News

Image Credit: Max Velocity - Severe Weather Center