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May 25, 2019, 12:53:11 am
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Author Topic: Arrested for Videotaping  (Read 73307 times)
patric
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These Aren't the Droids You're Looking For


« Reply #270 on: November 30, 2018, 10:52:36 am »

Broke the wrong guys cellphone camera:


‘It’s still a blast beating people’: St. Louis police indicted in assault of undercover officer posing as protester

https://www.washingtonpost.com/nation/2018/11/30/its-still-blast-beating-people-st-louis-police-indicted-assault-undercover-officer-posing-protester/
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"Tulsa will lay off police and firemen before we will cut back on unnecessarily wasteful streetlights."  -- March 18, 2009 TulsaNow Forum
heironymouspasparagus
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« Reply #271 on: May 18, 2019, 10:33:03 pm »

On April 8, (Rick) Hubbard was arrested at Nienhuis Park on complaints of obstruction and felony pointing of a firearm. Police said in a release a witness had told police Hubbard was pointing a weapon, which Hubbard flatly denies, and that he ignored officers’ commands.

Hubbard and his attorney, Jay Ramey, are in the midst of a legal battle with both the Tulsa County District Attorney’s office and Broken Arrow police about a key piece of evidence from the arrest: Hubbard’s phone. It contains video Hubbard recorded of his interaction with Broken Arrow officers that responded and shot at pepper balls at him during his arrest.

However, Ramey said the police department wants a blanket download of all data on Hubbard’s phone, something he said is unreasonable given the scope of the case.

“We’re at an impasse right now about getting the video out of the phone,” Ramey said. “The police are telling me they have to download the entire phone because of some sort of protocols. I’m just saying we’re not agreeing to that. ... If you’re gonna download the entire phone, including all the emails he’s written to his wife about whatever, they don’t need that.

“We have no problem with the DA or the police wanting the video. We just don’t want them to have the entire contents of the phone.”


https://www.tulsaworld.com/news/local/crime-and-courts/after-arrest-second-amendment-auditor-talks-awaiting-charges-maintains-innocence/article_9d29ae07-efa0-5866-88e8-fd570f2e5702.html




Warrantless seizures are legal only if an officer has probable cause to believe the property holds contraband or evidence of a crime (child pornography and counterfeiting, for example) and exigent circumstances demand it, or some other recognized exception to the warrant requirement is present. United States v. Place (Supreme Court 1983). Otherwise, such seizures violate the Fourth and Fourteenth Amendments.

https://www.policeone.com/investigations/articles/173817006-Filming-cops-Know-when-you-can-seize-a-recording-device/




Well, on the warrantless seizures -  only until the Trump Minions on the SC get to change it all again...

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"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don’t share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.
patric
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These Aren't the Droids You're Looking For


« Reply #272 on: May 20, 2019, 12:52:02 pm »

Broken Arrow's latest tactic to keep people from posting video of its representatives acting badly is to seize the entire contents of a victim's phone under the pretext of "securing evidence."  Surprisingly the Tulsa DA office is going along with this (and the Tulsa World buried the lede).



On April 8, (Rick) Hubbard was arrested at Nienhuis Park on complaints of obstruction and felony pointing of a firearm. Police said in a release a witness had told police Hubbard was pointing a weapon, which Hubbard flatly denies, and that he ignored officers’ commands.

Hubbard and his attorney, Jay Ramey, are in the midst of a legal battle with both the Tulsa County District Attorney’s office and Broken Arrow police about a key piece of evidence from the arrest: Hubbard’s phone. It contains video Hubbard recorded of his interaction with Broken Arrow officers that responded and shot at pepper balls at him during his arrest.

However, Ramey said the police department wants a blanket download of all data on Hubbard’s phone, something he said is unreasonable given the scope of the case.

“We’re at an impasse right now about getting the video out of the phone,” Ramey said. “The police are telling me they have to download the entire phone because of some sort of protocols. I’m just saying we’re not agreeing to that. ... If you’re gonna download the entire phone, including all the emails he’s written to his wife about whatever, they don’t need that.

“We have no problem with the DA or the police wanting the video. We just don’t want them to have the entire contents of the phone.”


https://www.tulsaworld.com/news/local/crime-and-courts/after-arrest-second-amendment-auditor-talks-awaiting-charges-maintains-innocence/article_9d29ae07-efa0-5866-88e8-fd570f2e5702.html




Warrantless seizures are legal only if an officer has probable cause to believe the property holds contraband or evidence of a crime (child pornography and counterfeiting, for example) and exigent circumstances demand it, or some other recognized exception to the warrant requirement is present. United States v. Place (Supreme Court 1983). Otherwise, such seizures violate the Fourth and Fourteenth Amendments.

https://www.policeone.com/investigations/articles/173817006-Filming-cops-Know-when-you-can-seize-a-recording-device/
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"Tulsa will lay off police and firemen before we will cut back on unnecessarily wasteful streetlights."  -- March 18, 2009 TulsaNow Forum
heironymouspasparagus
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« Reply #273 on: May 21, 2019, 01:35:07 pm »

Broken Arrow's latest tactic to keep people from posting video of its representatives acting badly is to seize the entire contents of a victim's phone under the pretext of "securing evidence."  Surprisingly the Tulsa DA office is going along with this (and the Tulsa World buried the lede).



On April 8, (Rick) Hubbard was arrested at Nienhuis Park on complaints of obstruction and felony pointing of a firearm. Police said in a release a witness had told police Hubbard was pointing a weapon, which Hubbard flatly denies, and that he ignored officers’ commands.

Hubbard and his attorney, Jay Ramey, are in the midst of a legal battle with both the Tulsa County District Attorney’s office and Broken Arrow police about a key piece of evidence from the arrest: Hubbard’s phone. It contains video Hubbard recorded of his interaction with Broken Arrow officers that responded and shot at pepper balls at him during his arrest.

However, Ramey said the police department wants a blanket download of all data on Hubbard’s phone, something he said is unreasonable given the scope of the case.

“We’re at an impasse right now about getting the video out of the phone,” Ramey said. “The police are telling me they have to download the entire phone because of some sort of protocols. I’m just saying we’re not agreeing to that. ... If you’re gonna download the entire phone, including all the emails he’s written to his wife about whatever, they don’t need that.

“We have no problem with the DA or the police wanting the video. We just don’t want them to have the entire contents of the phone.”


https://www.tulsaworld.com/news/local/crime-and-courts/after-arrest-second-amendment-auditor-talks-awaiting-charges-maintains-innocence/article_9d29ae07-efa0-5866-88e8-fd570f2e5702.html




Warrantless seizures are legal only if an officer has probable cause to believe the property holds contraband or evidence of a crime (child pornography and counterfeiting, for example) and exigent circumstances demand it, or some other recognized exception to the warrant requirement is present. United States v. Place (Supreme Court 1983). Otherwise, such seizures violate the Fourth and Fourteenth Amendments.

https://www.policeone.com/investigations/articles/173817006-Filming-cops-Know-when-you-can-seize-a-recording-device/



This would fall under that probable cause thing - they believe the property holds evidence of a crime by the police and exigent circumstances demand it - bury the video so the crime is hidden.

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"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don’t share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.
patric
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These Aren't the Droids You're Looking For


« Reply #274 on: May 22, 2019, 01:05:37 pm »


This would fall under that probable cause thing - they believe the property holds evidence of a crime by the police and exigent circumstances demand it - bury the video so the crime is hidden.


The DA would know the unlawful seizure doesnt meet exigent circumstances to be justified (uploading to YouTube isnt "destruction" of evidence).
They would also know better than to collaborate with violations of the first, fourth and fourteenth amendments.

Seizing the entire haystack to find the needle?  The video must be pretty damning

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"Tulsa will lay off police and firemen before we will cut back on unnecessarily wasteful streetlights."  -- March 18, 2009 TulsaNow Forum
heironymouspasparagus
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« Reply #275 on: May 23, 2019, 11:02:57 am »

The DA would know the unlawful seizure doesnt meet exigent circumstances to be justified (uploading to YouTube isnt "destruction" of evidence).
They would also know better than to collaborate with violations of the first, fourth and fourteenth amendments.

Seizing the entire haystack to find the needle?  The video must be pretty damning




Circle the wagons.  "Fix" the problem before it becomes a big problem.

Standard procedure when in a country with little 'rule of law'.
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"So he brandished a gun, never shot anyone or anything right?"  --TeeDub, 17 Feb 2018.

I don’t share my thoughts because I think it will change the minds of people who think differently.  I share my thoughts to show the people who already think like me that they are not alone.
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