Wednesday, June 22, 2011

Another Case Of Police Arresting Citizen For Recording Their Actions



Police in Rochester, New York arrest a woman, Emily Good, who was peacefully standing in her front yard video taping their arrest of another man. The police became upset she was filming the arrest and ordered her to go back into her house. When she explained she had the right to stand on her property and film them, she was arrested. The police officer claimed he did not feel safe with her standing behind them and filming them, even though there was no sign of the woman acting with a menacing intent. Ironically, the man who was detained and handcuffed by the police during a traffic stop was released while they took the woman away to jail. The police action is clearly an arrest lacking probable cause and an infringement of Good's First Amendment rights. I previously posted how our neighboring state of Illinois has passed a state law that makes any recording without both parties' consent illegal, including a recording of a police officer's public actions. To my knowledge, New York does not have a law similar to Illinois'

13 comments:

HOOSIERS FOR FAIR TAX said...

Another reason people will be leaving NY and Illinois in droves.

Downtown Indy said...

There's a lot of this kid of stuff going on:

Photography Is Not A Crime

Cato said...

Cops are destroying this country more thoroughly and effectively than any foreign army could ever do.

The overwhelming majority of Americans now have no memory of freedom or what life is like in absence of ubiquitous police.

Gone from the American memory and imagination is a life where cops are told to buzz off, backed by force, if the citizen is not harming another.

Gone from the American mentality is the attitude that the state had better have a good reason for speaking to me, or I'll give them a stern tongue-lashing for not knowing their place. Americans now stop and dutifully obey cop orders over no transgressions, at all.

Cops are really only part of the American experience since the late 19th Century. They were not contemplated when this country was created. They are thus a virus against which our immune system has no defense.

Cops are an enemy of this country the likes of which the petty complaints of Conservatives and Liberals could never equal.

If we don't get cops under control, in a hurry, this country will continue to run headlong into being yet more of a police state such that our native spirit will be unrecoverable.

SW Lane said...

Professionally, when a citizen is viedotaping me, I return the favor if the situation allows. It's funny how the same citizen who rightfully demands me to be open and accountable and on tape, has an aversion to being taped themselves.

Glad to see you havent changed your rants at all Cato. Consistency is comforting, even if it's borderline psychotic, now matter how much you attempt to cloak said ramblings in the 1st Amendment, which I'm sure you will later on.

It's such statements and mindsets like this that prompted the formation of the police in the first place: the State taking control of those individuals who sense of self-freedom and control encroached on others, otherwise called Anarchy.

"Native Spirit"...LMAO. OK cowboy. YeeHaw!
Whatever. Just dont try and tell me or other officers 'to buzz off, backed by force', out on the street. You wont win in any court, be it civil or criminal or public opinion. Sorry to burst your bubble and foment more anger, but your anger does keep me warm at night, kid ;)

Bob said...

Police have a difficult job. Part of that is to take control of a scene in order to avoid unsafe situations for both the police, the person being arrested and any bystanders who try to insert themselves into the situation.

That said, a female quietly filming an arrest in her front yard without otherwise inserting herself in the situation doesn't reasonably constitute a threat to anyone's safety.

As long as citizen's don't insert themselves into the situation and stay far enough back that they don't interfere - there should be no problem with recording a police action. It's probably the best defense against police abuse of power.

Typically the unfounded charges are dropped in exchange for foregoing an unlawful arrest complaint - and virtually any attorney would advise a client to take the deal.

Bottom line is that Average Citizen gets to spend a few very scary days in jail + the cost of bail and possible attorney fees but there is no penalty for the police for the abuse of power.

Cato said...

SW, you dope, "anarchy" means an absence 'a' of rulers 'archons.' "Anarchy" does not mean "freedom encroaching on others," though it is noted how contradictory and idiotic that argument is.

Are you so dumbcop that you argue that 1780 was an anarchy? Do find that cite in Jefferson's letters, will you? Read, then speak. You have a lot of reading to do before you're fit to open your cophole in the presence of educated men.

"Just dont try and tell me or other officers 'to buzz off, backed by force', out on the street."

Feeling threatened? Are you? Buzz off.

"You wont win in any court"

Telling you to buzz off, even with my 5.7 hanging strong side OC, is not a crime.

You clear on that? You confused by that, in any way? I pay your salary. You serve me. You're a public figure and a public servant. In America, we get to speak our mind to public servants.

Are you, at all, fuzzy on that?

Are you?

You're one scary dude and a sterling reason why we need to get the milcops in check. You don't like backsass, and you don't like being told you're subordinate to the citizens.

You're in the wrong job. You don't have the proper servant mentality that I like to see in my employees.

SW Lane said...

The only thing I am clear on, is how easy and fun it is to rile you up to the point of frothing rage.

Clearly you are confused about the concept of servitude.

5.7.. is that your age? penis length? IQ?

You are the reason that police exist, Cato. An out of control ego, a self proclaimed intelligentsia (which make those of us educated laugh in scornful pity) laced with immaturity and lack of personal control, as evidenced by how easily you anger.

The fact that you have a compulsion to show this all in a public forum just makes you a clown, although a disturbed clown. Thanks for the job security, kid! :D

Cato said...

SW, Please don't take your crushing defeat so personally that you commit brutality on a citizen. I can see that you're getting pretty bent, so please don't get too twitchy with that trigger finger.

Just sit in quiet reflection, and find someone intelligent (hint: not a cop) to explain to you your position relative to the citizenry.

You did get a good drubbing, though, so I can see why you're mad. With a temper as short as yours, all I can say is that I hope your car has a dash cam.

Just stop resisting, and this lesson will go easier for you. If you remember that it's your job to make sure all the citizens get home safe at the end of your shift, your job will get easier.

Advance Indiana said...

For what it's worth, I'm not aware of any incident where IMPD has arrested a citizen for doing what this woman did here. Not sure that makes any difference to people, but let me know if I'm wrong on that point.

SW Lane said...

-turning my attention to adult conversation-

No Gary, I'm not aware either of any such incidents. And a lot of officers carry small audio/visual recording devices. They benefit everyone involved, citizens as well as the officers.

Now I'll go over and ponder having been told I "lost". Oh well. Have fun Cato, but seriously?

Don't ever make the mistake of confusing the law as you think it should be re. how to act versus the law as it currently exists, in a real-life situation, out on the street.

I say this not with any animosity or rancor, rather, sincerely and hoping that you stop and ponder it. Someone loves you-probably, so if nothing else, take that from this te-a-te, for their sake.

Cato said...

Lane,

Did you become a cop because you're live in fear of everyone, so the badge gives you comfort?

You've made a huge cry for help, today, laying your fears bare and demonstrating how you truly live in terror of others.

I can't help you with your therapy, but I will ask that you're professional enough to remember who's boss.

Now that I think about it, I'm a little worried about you having a gun and a badge.

SW Lane said...

Sorry to disappoint you, Cato, but my national and local awards and medals and those who awarded them to me didn't think I needed any therapy. However, your ability to tell me how I feel is good stuff. Seriously, keep it up, it's god entertainment!

You, however, seem to be fixated on this whole employer/employee thing. Tell you what: Give Gary a PO Box number for you, and I'll send you your portion of property taxes (if you are a property owner) that go to public safety, back. It's a win-win situation for both of us. You can get your money back as an unsatisfied customer of services rendered, and I can stop listening to your blather.

Nahh..go ahead and continue to tell me you are my boss. It's good entertainment for me and probably everyone else who reads this.

Rock on, Native Spirit!

Nadia Adkins said...

I hope she sued them! that is digustingly ridiculous!