Annapolis, md police officer threatens to "lock up" man for filming anti-gay marriage rally


Maricopa County sherrif's deputy belittle man, seize his camera and destroy footage



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Maricopa County sherrif's deputy belittle man, seize his camera and destroy footage
In 2009, Carlos Galindo approached a Maricopa County sheriff's deputy who was investigating alleged pirated DVD sales. Galindo asked the deputy what was going on and was immediately told to hand over his camera as "evidence" -- a rather bizarre claim considering Galindo had only been filming for a few seconds. Galindo declined to hand over the camera and was told to leave.

Galindo continued filming and a second deputy approached him and threatened to seize his camera. Galindo objected and the officer shouted at him to "stop talking."

"I can't talk, I can only listen to you?," Galindo asked.

"That's exactly the way it works," the deputy responded. "We're not on the same level here. I'm up here, you're down here right now."

The officer then seized Galindo's camera and gave him a long lecture in which he repeatedly belittled him. "The way society works, if the police tell you something, you do it," the deputy said.

The deputy then deleted Galindo's footage. When Galindo objected, the deputy said "I'm doing you a favor." He then told Galindo that he was as intelligent as a rock.

Unbeknownst to the deputies, the entire incident was caught on a second camera. Furthermore, the deleted footage from the first camera was restored with recovery software.

Sources:


  • Carlos Miller, "Arizona deputies harass videographers on 3 occasions in less than 2 weeks" (Sept. 9th, 2009), Photography is Not a Crime

Videos:


  • First video of the incident

  • Second video of the incident

  • Third video of the incident

* * * * *


Nashville, TN airport officer seizes man's iPhone
On November 22, 2010, a man was filming a TSA checkpoint with his iPhone when he was confronted by a police officer who demanded that he turn over the phone. The officer claimed that filming is a "security violation." The man informed the officer that the TSA's website says people are allowed to film checkpoints. The officer grabbed the phone from the man anyway.

After grabbing the phone, the officer went to a TSA agent to ask about the policy. The TSA agent confirmed that people are allowed to film and the officer returned the phone. The TSA agent then falsely told the videographer that he was prohibited from sharing his footage with other people.

Sources:


  • Carlos Miller, "Airport Cop Confiscate Man's iPhone for Videotaping TSA Checkpoint" (Nov. 23rd, 2010), Photography is Not a Crime

Videos:

  • The man's iPhone footage

* * * * *


New Haven, CT police officer grabs camera from man and turns it off
In 2010, Jamie Kelly was filming a group a police officers arresting a man. One of the officers confronted Kelly, blocked his camera, threatened to arrest him, and told him to "watch [the arrest] on the 6 O'clock news." The officer left Kelly alone and he continued filming.
A few seconds later, a second officer approached Kelly and grabbed the camera out of his hands.
"I was taking a picture," Kelly said.
"You don't take pictures of us. How's that?," the officer responded. The officer then shut the camera off.
Sources:

  • Carlos Miller, "New Haven cop: 'You don't take pictures of us.'" (Sept. 11th, 2010), Photography is Not a Crime

Videos:


  • Kelly's video of the incident

* * * * *


NH State Police seize photographer's camera
Brian Blackden, a freelance photographer, was taking photographs at the scene of a fatal single vehicle car accident. New Hampshire state troopers confronted Blackden and seized his digital camera.

Major Russell Conte claimed Blackden's camera was seized to protect the privacy of the deceased car crash victims. Blackden denied taking any pictures of the victims.

Police refused to return Blackden's camera, claiming that it might contain evidence about the car accident. They also said that they would not rule out criminally charging him.

Sources:



  • "Photographer Says Police Took His Camera" (Aug. 25th, 2010), WMUR.com

* * * * *


Warminster, PA police officers harass reporter for filming protest, seize second videographer's phone and laptop
On February 22, 2011, an animal rights group was protesting a "pigeon shoot" on a public sidewalk.

Minutes after the demonstration started, a police officer confronted a reporter filming and ordered him to shut off his camera. The officer accused him of violating state wiretapping law. When the reporter told the officer that wiretapping law does not make it illegal to film people in public places, the officer decided that he was merely "asking" the reporter to stop filming "just as a courtesy."


Later, protester Steve Hindi had an angry exchange with a man in an SUV whom he said was following him. Hindi and his girlfriend decided to follow the man and take down his license plate number. The man stopped on a side street, stepped out of his car, and threatened them with a gun. The altercation was captured by Hindi on a cell phone camera.
Hindi saved the video to his laptop and brought it to the police station to show the police. The police seized both Hindi's phone and laptop. Hindi was angry with the police and said that they should have just taken the phone. The police said they will not return any of Hindi's property until they are done with their investigation.

Sources:


  • Matt Coughlin, "Protestors: man pulled gun" (Feb. 22nd, 2011), PhillyBlurbs.com

Videos:


  • Footage of officer harassing reporter

  • Footage of the man threatening Hindi and his girlfriend with a gun

* * * * *


Red incidents:
Akron, OH officer obtains warrant for woman who refused to turn over camera and arrests her
On June 23, 2010, Sarah Watkins filmed police arresting a man for alleged disorderly conduct. Police detained Watkins, refused to allow her to go back into her home, and told her that she had to give her camera to them because it was "evidence"

During the encounter, Watkins said, "I ain't never heard of nothing like this." An officer responded, "We do it all the time."

Watkins refused to turn over the camera and the officers eventually left her alone.

Patrolman Donald Schismenos returned to the police department and obtained a felony warrant for Watkins. He arrested Watkins the following day. She spent two days in jail. She later claimed to have been ''stripped, humiliated, and tormented'' during the booking process at the jail.

Watkins later filed a lawsuit against the police with the help of attorney Terry Gilbert.

Schismenos was given a 15 day suspension for arresting Watkins. An internal investigation concluded that Schismenos had ignored an order from a sergeant to not arrest her. The suspension was later tripled by the mayor.

Sources:


  • Phil Trexler, "Woman sues officer who tried to seize camera" (Jun. 24th, 2010), Ohio.com

* * * * *


Albuquerque, NM police detain man for feeding homeless, arrest him for refusing to turn over cell phone camera
Michael Herrick was detained by police officers for distributing food to homeless individuals. Officers accused Herrick of not having a permit to distribute the food.

Herrick filmed the encounter on his cell phone camera and officers repeatedly insisted that his phone would later be confiscated as "evidence." Eventually, Herrick was told he could leave, but that he had to turn over his cell phone. Herrick had not been charged with a crime at this point. Herrick refused to turn over his cell phone and was arrested.

Herrick was charged with not having a permit to distribute food, refusing to obey an officer, and inciting a riot.

Sources:


  • Antoinette Antonio, "Man arrested for feeding homeless releases video of police confrontation" (Sept. 20th, 2010), KOB.com

Videos:


  • Footage of the incident

* * * * *


Amtrak police arrest man for taking photos for Amtrak-sponsored contest
On December 21st, 2008, Duane Kerzic was taking pictures of trains at Penn Station that he planned to use for an Amtrak-sponsored photography contest.

Two Amtrak police officers with a police dog confronted Kurzic and demanded to know what he was doing. He explained that he was taking photographs. The officers told Kurzi to put his bag on the ground so their dog could smell it. After the dog sniffed at Kurzic's bag and confirmed that no explosives were present, the officers demanded to see Kurzic's ID which he provided.

After checking his ID, the officers told Kurzic to show them his photos which he did. The officers then told him that he had to delete his photos because it was illegal to photograph trains. Kurzic refused and the officers arrested him.

Kurzic said that officers brought him to a holding cell and handcuffed him to a wall for about 90 minutes before releasing him. They charged him with "trespassing."

Kerzic's bizarre arrest was picked up by the comedy show the Colbert Report. Todd Maisel, Vice President of the New York Press Photographers Association, said that Kurzic was awarded a "five-figure settlement" for the arrest shortly after the segment aired.

Sources:


  • Jim Dwyer, "Picture This, and Risk Arrest" (Jul, 27th, 2010), The New York Times

  • Carlos Miller, "Amtrak arrestee received 'five-figure settlement' after Colbert segment aired" (Feb. 19th, 2009), Photography is Not a Crime

  • Carlos Miller, "Amtrak photo contestant arrested by Amtrak police in NYC's Penn Station" (Dec. 27th, 2008), Photography is Not a Crime

  • Carlos Miller, "The Colbert Report follows up on Photography is Not a Crime story" (Feb. 3rd, 2009), Photography is Not a Crime

* * * * *


Beaverton, OR police arrest man for filming arrest outside bowling alley
In 2008, Hao Vang attempted to film police arresting his mentally ill friend outside of a bowling alley in Beaverton, OR using his cell phone because he felt the police were being too rough. The police then arrested Vang on the charge of intercepting communications, confiscated his phone, and locked him in jail over night.

Vang's charges never went to trial, but it took him two months to get his phone back from the police. According to Vang, his footage had been deleted by the police before the phone was returned.

In 2009, Vang filed a civil rights lawsuit against the police. The city of Beaverton settled the suit for $19,000. The officer who arrested Vang and deleted his footage was supposedly disciplined, however, details as to how he was disciplined were never made public. He was later promoted to detective by the department.

Beaverton police chief Geoff Spalding said that he would not rule out continuing to arrest people for filming even though lawyers for the city issued memos explaining that police do not have an expectation of privacy in public.

Sources:


  • Brad Schmidt, "Beaverton police chief: Film officers at your own slight risk" (July, 10th, 2010), OregonLive.com

  • Anna Song, "Beaverton police face lawsuit over videotaped arrest" (Sept. 24th, 2009), KATU.com

* * * * *


Boston, MA police arrest lawyer for filming them arrest another man

Updated Feb 25

In October, 2007, attorney Simon Glik filmed police officers arrest another man using a cell phone camera. Glik decidd to film because he believed the officers were using excessive force. The officers subsequently arrested Glik on wiretapping charges.

Four months later, Boston Municipal Court Justice Mark Summerville threw the charge out. Summerville wrote that while the "officers were unhappy they were being recorded during an arrest… their discomfort does not make a lawful exercise of a First Amendment right a crime."

In 2010, the American Civil Liberties Union of Massachusetts filed a lawsuit on behalf of Glik against the police and city of Boston for "failing to properly train Boston police officers that they cannot arrest people for openly making video or audio recordings of their conduct in public."

Sources:


  • "ACLU Challenges Arrest for Use of Cell Phone to Capture Police Misconduct" (Feb. 1st, 2010), American Civil Liberties Union of Massachusetts

  • Sheri Qualters, "Boston Lawyer Sues Police, City Over His Arrest for Recording an Arrest" (Feb. 2nd, 2010), Law.com

  • Harvey Silvergate and James Tierney, "Echoes of Rodney King" (Feb 21st, 2008), The Boston Phoenix

* * * * *


Boynton Beach, FL police arrest woman for filming them detain her son
In February of 2009, Tasha Ford was contacted by the Boynton Beach police and told to pick up her son who had been detained for allegedly attempting to sneak into a movie theater.

When Ford arrived at the theater, she began filming with a video camera. The officers ordered her to stop. When Ford continued filming, she was arrested and charged with "intercepting oral communications" and "resisting arrest" and her son was arrested for "trespassing."

Ultimately, prosecutors decided not to pursue the charges against Ford. The American Civil Liberties Unions filed a lawsuit against the Boynton Police on Ford's behalf.

Sources:


  • "ACLU Sues After Mother Falsely Arrested by Boynton Beach Police Officers" (Jun. 25th, 2010), American Civil Liberties Union

  • Jane Musgrave, "Boynton woman's suit fights to allow videotaping of police" (Aug. 1st, 2010), SunSentinel.com

* * * * *


Carlisle, PA police officer arrests man for recording traffic stop
On May 24th, 2007, Brian Kelly's friend was pulled over by officer David Rogers. Rogers cited Kelly's friend for speeding and having his truck's bumper too low. Kelly, who was sitting in the passenger seat, began filming the traffic stop after the officer allegedly started yelling at his friend.
Rogers saw Kelly's cameras and demanded that he hand it over. Kelly complied and then Rogers placed him under arrest. Police consulted with a district attorney and then decided to file wiretapping charges against Kelly.
Kelly was held in the Cumberland County Prison for 26 hours. Kelly's mother had to use her house as security to get him out of the prison because she couldn't afford the $2,500 bail.
Kelly maintained that he did not realize it was illegal to record police officers without their consent. The prosecuting attorney David Freed commented that "Obviously, ignorance of the law is no defense." In fact, it was Freed who was ignorant of the law.
After receiving numerous critical phone calls and emails from concerned citizens and reviewing court cases about Pennsylvania wiretapping law, Freed dropped the charges and admitted that Kelly hadn't done anything illegal. Freed said he would seek to turn his decision not to prosecute Kelly into a policy for all police departments in his county. "When police are audio- and video-recording traffic stops with notice to the subjects, similar actions by citizens, even if done in secret, will not result in criminal charges... I intend to communicate this decision to all police agencies within the county so that officers on the street are better prepared to handle a similar situation should it arise again."
Kelly filed a federal lawsuit against the police alleging that his civil rights had been violated when he was arrested. In 2009, judge Yvette Kane dismissed the lawsuit. She claimed that Kelly could not sue the police because the officer who arrested him was acting in good faith. Kelly appealed this decision.
Sources:

  • Matt Miller, "Attorneys defend taping of police during traffic stop" (Jun. 14th, 2007), PennLive.com

  • Matt Miller, "Battle to continue over Carlisle wiretap arrest" (May 13th, 2009), PennLive.com

  • Matt Miller, "DA drops wiretap charge against Carlisle man" (Jun. 20th, 2007), PennLive.com

  • Matt Miller, "Video recording leads to felony charge" (Jun. 11th, 2007), PennLive.com

* * * * *


Chicago, IL police charge man with felony for filming own arrest
In December, 2009, Christopher Drew intentionally violated a city ordinance against selling art on public sidewalks. Drew hoped to challenge the legality of the of the ordinance in court.

As planned, police arrested Drew for violating the ordinance. After taking him back to the police station, officers realized Drew had been recording the incident with a camera. They charged him with felony wiretapping.

Under Illinois state law, audio-recording a person in public without that person's consent is a felony.

Drew currently faces 15 years in prison.

Sources:


  • Don Terry, "Eavesdropping Laws Mean That Turning On an Audio Recorder Could Send You to Prison" (Jan. 22nd, 2011), The New York Times

* * * * *


Chicago, IL police arrest woman for filming attempt to file complaint
In 2011, police arrested 20-year-old Tiawanda Moore for filming at the Chicago Police Headquarters.

Moore alleged that an officer who was called by her boyfriend to deal with a dispute the two were having sexually harassed her by fondling her breasts. Moore and her boyfriend went to Police Headquarters to file a complaint, but claim that the police tried to convince her not to file the complaint.

Moore went back to the Police Headquarters a second time with a cell phone camera to gather evidence that the police were refusing to help her. She was arrested on two felony "eavesdropping" charges.

Under Illinois state law, audio-recording a person in public without that person's consent is a felony.

Moore currently faces 15 years in prison.

Sources:


  • Don Terry, "Eavesdropping Laws Mean That Turning On an Audio Recorder Could Send You to Prison" (Jan. 22nd, 2011), The New York Times

* * * * *


Court security assault and arrest videographer on fraudulent charges
On May 11, 2010, George Donnelly, James Babb, and Julian Heiklen were passing out jury nullification pamphlets outside a federal courthouse. Donnelly was filming with a video camera.

A group of court security officers approached the men and began harassing them. The officers refused to identify themselves despite multiple requests.

At some point during the confrontation, a male security officer grabbed at Donnelly's camera without warning. Donnelly tried to get his camera back, but a group of federal agents tackled him, seized his camera, and arrested him. The officers then filled out a fraudulent arrest report in which they claimed that Donnelly had assaulted one of the security officers with a closed fist.

After being arrested, Donnelly spent several days locked up at the Lehigh County Prison. After a few days, Donnelly had a court hearing, but the judge refused to let him out of prison unless he agreed to submit to a number of severe conditions including random drug testing, house arrest with an ankle monitor, and a ban on talking publicly about the case.

When Donnelly's charges went to trial, he accepted a plea deal. The most serious charges were dropped, but Donnelly had to plead guilty to "disobeying a lawful order of the marshals." Donnelly later called the plea deal "bullshit," but said that he had to accept it for "financial reasons."

The officers who arrested Donnelly deleted his footage, but he was able to partially restore it with recovery software and publish it online after the case was closed.

Sources:


  • George Donnelly, "How US Marshals Framed a Photographer" (Sept. 22nd, 2010), Arm Your Mind For Liberty

  • George Donnelly, "Primary Sources for USA vs. George Donnelly" (Oct. 18th, 2010), Arm Your Mind For Liberty

  • Carlos Miller, "Penn. activist facing 8 years in prison after videotaping officers outside courthouse" (May 17, 2010), Photography is Not a Crime

  • Dave Ridley, "Caught on tape: Feds tackle cameraman. Newly released video" (Jan. 18th, 2011), RidleyReport.com

Videos:


  • Donnelly's raw footage

  • Edited video by Donnelly (contains additional audio)

  • Edited security footage of the incident

* * * * *


Delaware County sherrif's deputy arrests woman for filming, says he thought she had "cell-phone gun"
In 2010, Delaware County sherrif's deputy Sgt. Johnathan Burke began questioning a man after receiving reports that he had been panhandling outside of a truck stop.

The man's girlfriend, Melissa Greenfield, began filming the incident with her cell phone and explained that she was filming "for legal purposes and our own safety." Sgt. Burke told Greenfield to put the phone back in her pocket several times and, when she did not, arrested her for "obstructing official business" and "resisting arrest."

On his arrest report, Burke claimed that he thought Greenfield's phone might have been a "cell-phone gun," an assertion which Greenfield's public defender called "ridiculous."

Greenfield spent three days in jail after being arrested. She claimed that when her phone was returned to her, the video of her arrest and several vacation videos had been deleted. Greenfield accepted a plea deal and had to pay a $20 fine, but said she did so merely out of convenience and did not admit wrongdoing.

Sources:


  • Randy Ludlow, "Deputy confiscates woman's cell phone" (Jul. 29th, 2010), The Columbus Dispatch

* * * * *


Denver, CO police attack and arrest ABC news producer during '08 Democratic National Convention
During the 2008 Democratic National Convention, ABC news producer Asa Eslocker was working on a story about corporate lobbyists and other wealthy individuals who donated money to the convention.

Eslocker was taking photographs on a public sidewalk outside of the Brown Palace Hotel, a gathering spot for Democratic officials, when he was confronted a police officer who demanded that he leave. When Eslocker refused, the officer shoved him off the sidewalk in front of oncoming cars then accused him of "impeding traffic."

Two hours later, Eslocker was confronted by a group of six police officers at the same location. The officers violently arrested him on charges of “trespassing,” “interference,” and “failure to follow a lawful order.” Video of the arrest shows one officer grabbing Eslocker and leading him around by the neck.

The charges were eventually dropped. Eslocker decided not to pursue legal action against the police.


Sources:


  • Hoard Pankratz, "ABC producer spared DNC charges" (Oct. 17th, 2008), DenverPost.com

  • Brian Ross, "ABC Reporter Arrested in Denver Taking Pictures of Senators, Big Donors" (Aug. 27th, 2008), ABC News

Videos:


  • Footage of both incidents

* * * * *



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