Arrested for Videotaping

[patric]

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/





Undercover St. Louis cop sues city, police over his violent arrest during protests

Detective Luther Hall's lawsuit, filed Monday in U.S. District Court in St. Louis, also says that colleagues tried to cover up his beating. Hall's suit says one officer who participated in the beating, Joseph Marcantano, has since been promoted to sergeant, showing that "misconduct is not only protected but rewarded by the City and Department."

When Officer Colletta and other officers arrived, Hall had his hands up and was getting on the ground, as ordered, when he was picked up and slammed down twice, the suit says. He was then kicked and beaten with batons and fists. Officers searched his backpack and destroyed his camera and cellphone.
https://www.stltoday.com/news/local/crime-and-courts/undercover-st-louis-cop-sues-city-police-over-his-violent/article_c7f160f1-fbf5-5e37-94f9-2be280f61814.html

[heironymouspasparagus]

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...

[patric]

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/

[heironymouspasparagus]

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.

[patric]

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




A Broken Arrow Second Amendment activist has filed a federal lawsuit against the city of Broken Arrow and two of its police officers alleging that his civil rights were violated when he was arrested at a park there in 2019.

Richard Hubbard was jailed two years ago on complaints of feloniously pointing a firearm and obstruction of an officer, but authorities ultimately attempted to pursue only the latter charge, a misdemeanor.

The suit claims that the first responding officer, who is identified only by his last name, drew his service pistol and pointed it at Hubbard without advising him he was under arrest in an alleged violation of his constitutional rights.

"During the entire time after (the officer) pointed his pistol at (Hubbard), (Hubbard) was recording the encounter on his cell phone," the complaint states. "(The officer) instructed (Hubbard) to stop recording and to lie on the ground."

Hubbard's attorney at the time got into a monthslong legal battle with the Tulsa County District Attorney's Office and the Broken Arrow Police Department about Hubbard's phone, Tulsa County court records show.

Hubbard had contested the agencies' intention to conduct what he considered an overly broad "dump" of all the data on his phone, though his defense wanted to preserve any recordings of the altercation.

A Broken Arrow police spokesman told the Tulsa World in 2019 that the "dump" of a phone's full contents is agency policy and entails taking a mirror image of the device, which investigators work with so they do not damage the actual item.

Hubbard alleges in the lawsuit that another officer arrived at the scene, pointed a pepper ball gun at him and fired about 15 rounds after he said he would comply. Afterward, he said, the officers seized his phone before taking his guns and arresting him, and he said those items still haven't been returned two years later.

https://tulsaworld.com/news/local/crime-and-courts/second-amendment-activist-sues-broken-arrow-two-ba-police-officers-over-arrest-at-park/article_da7d9e36-9979-11eb-b521-b3a560b64aa8.html

What should you do if you see police using excessive force? Legal experts say film it
https://www.usatoday.com/story/news/nation/2021/04/02/derek-chauvin-trial-what-do-when-you-see-police-brutality/7046047002/

[heironymouspasparagus]

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'.

[patric]

"If they (police officers) are clearly violating someone's rights and they're violating a policy, they (citizens) have to call and complain about that person. Everybody has a phone and has a camera, right?

https://www.tulsaworld.com/news/local/crime-and-courts/success-is-when-we-re-all-working-together-tulsa-deputy/article_21cd349c-74ef-5e27-978e-68c275423f39.html

[patric]

Im guessing this caught the Tulsa Whirled's attention because Oklahoma has something similar taking effect this November.


MIAMI BEACH, Fla. (AP) — Miami Beach police officers are no longer enforcing a new law that critics believe has emboldened officers to arrest bystanders using their phones to film police on duty.

The department announced Thursday that it had suspended the law last month following a series a controversial arrests.

The local ordinance, which the city commission passed unanimously on June 23, makes it a crime to stand within 20 feet (about six meters) of officers with the "intent to impede, provoke or harass" them.

Chief Richard Clements ordered the local law's enforcement to be suspended on July 26, police spokesman Ernesto Rodriguez said. The temporary stoppage will allow for officers to receive additional training, Rodriguez said.

Arrest data provided by the police shows that 13 people have been arrested under the ordinance. At least eight of those arrests were of people who had been video recording officers. All 13 were young Black men or women.

In the early morning hours of the day the ordinance was suspended, two men were arrested as they video recorded police officers at the Royal Palm Hotel in South Beach. One man was filming police as they repeatedly beat a handcuffed man, officials said. The second man was arrested after filming officers as they waited outside the lobby to transport the first man to jail.

Prosecutors later dropped the charges against both men and filed misdemeanor batter charges against five police officers who had been at the scene.

A day before the hotel arrests, police pepper-sprayed and arrested a woman who had been filming a traffic stop in South Beach. The charge against the woman hasn't been dropped.

https://tulsaworld.com/news/national/miami-beach-suspends-law-used-against-people-filming-police/article_638ec3bc-7732-5646-b8d8-42c4ae783887.html

https://tulsaworld.com/news/national/govt-and-politics/man-arrested-for-filming-police-station-sues-officers/article_1d19ea22-2f89-5b5f-977c-38af6cee8739.html

[patric]

U.S. government lawyers on Wednesday asked the appeals court overseeing four western and two midwestern states to recognize that the First Amendment guarantee of free speech gives people the right to film police as they do their work in public — a decision that would allow officers to be sued if they interfere with bystanders trying to record them.

Six of the nation's 12 appeals courts have recognized that right, but the 10th Circuit Court of Appeals has not — and justices heard arguments in the case of a YouTube journalist and blogger who claimed that a suburban Denver officer blocked him from recording a 2019 traffic stop.

Natasha Babazadeh, an attorney for the Justice Department's Civil Rights Division, urged a three-judge panel from the court to rule that filming police is a constitutional right and said there has been an increase in the number of lawsuits filed against police by people saying they could not record them in public. The appeals court has jurisdiction over Oklahoma, Kansas, Colorado, Wyoming, New Mexico and Utah, and the parts of Yellowstone National Park that lie in Idaho and Montana.

The First Amendment issue intersects with the controversial legal doctrine called "qualified immunity," which shields police officers from misconduct lawsuits unless their actions violate clearly established laws. If the appeals court decides people have a right to record police, police departments and officers who work in the court's region would be put on notice that they could be sued for violating that right.

https://www.cbsnews.com/news/appeals-court-right-to-film-police-officers/

[Red Arrow]

U.S. government lawyers on Wednesday asked the appeals court overseeing four western and two midwestern states to recognize that the First Amendment guarantee of free speech gives people the right to film police as they do their work in public — a decision that would allow officers to be sued if they interfere with bystanders trying to record them.

The first amendment also offers freedom from religion which eliminates almost all of the current Republican candidates from office.   

[tulsabug]

The first amendment also offers freedom from religion which eliminates almost all of the current Republican candidates from office.   

Turning the US into a theocracy is, unfortunately, part of the current Republican platform. Where's Barry Goldwater when you need him?