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DHS officer arrests man for filming FBI building



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DHS officer arrests man for filming FBI building
In 2009, Randall Thomas was standing across the street from the FBI building in New York City filming when he was approached by a security guard who ordered him not to film the building. He asserted his right to film which prompted to guard to call a Homeland Security officer to the scene.

The Homeland Security officer asked Thomas why he was filming and he told the officer that it was none of his business. The office then arrested Thomas and forced him to sit on a sidewalk for several minutes before taking him to a cell. Thomas was charged with "disorderly conduct," "failure to comply," and "impeding duties of a federal officer."

During Thomas's incarceration, the officers persuaded Magistrate Judge James C. Francis IV to issue a search warrant for Thomas's camera and memory card.

Thomas was released after 6 hours, but his property was not returned to him.

The FBI building that the security guard and Homeland Security official were so concerned about is visible on Google Maps.

Sources:


  • Carlos Miller, "Homeland Security cop arrests man for filming FBI building in NYC" (Aug, 20th, 2009), Photography is Not a Crime

* * * * *


East Haven, CT police arrest priest for filming, attempt to seize store's surveillance footage
On February 19, 2009, police entered a convenience store owned by Wilfred Matute, an Ecuadorian immigrant, in order to seize more than 60 expired license plates which were being used as decorations for the store. The officers claimed the plates were illegal to possess. Matute was confused by the police officers' actions because officers had been in his store before and never told him that the plates were illegal.
During the incident, Father James Manship, a Roman Catholic priest who regularly monitors the police, entered the store with a video camera to record the officers. After Manship entered the store, officer David Cari approached Manship and arrested him on charges of "disorderly conduct" and "interfering with a police officer."
Cari filled out a fraudulent arrest report in which he claimed that he arrested Manship for his own safety because Manship was holding an "unknown shiny silver object" and refused to tell him what it was. This claim was contradicted by Manship's footage which shows Cari referring to the supposedly unknown object as a camera multiple times and Manship acknowledging that he was filming.
After arresting Manship, the officers noticed that the convenience store was equipped with surveillance cameras. According to Elio Cruz, a witness, the officers "went crazy." The officers went into the back of the store without asking for Matute's permission to search for the footage. When they found the hard drive with the footage, Matute told them they weren't allowed to take it. The officers called a detective who brought a camera to the store and unsuccessfully attempted to download the surveillance footage off of it.
The police finally left the store after about 45 minutes, taking most of Matute's license plates with them.
Father Manship said that the incident was part of a campaign of harassment by East Haven police officers against the city's Latino residents. The charges against Manship were dropped. Manship filed a formal complaint with the Department of Justice which resulted in an investigation during which the East Haven chief of police was put on paid leave.
Sources:

  • "Charges Agaginst Priest Who Videotaped Police Are Dropped" (Mar. 26th, 2009), Associated Press

  • "Cops Arrest Priest For Filming Them" (Mar. 13th, 2009), CBS News

  • "East Haven Police Chief On Paid Leave" (April 21st, 2010), WFSB.com

  • Thomas MacMillan, "City Priest pleads Not Guilty" (Mar. 4th, 2009), NewHavenIndependent.org

  • Thomas MacMillan, "Cross-Border Cops Arrest Father Jim" (Mar. 3rd, 2009), NewHavenIndependent.org

  • Thomas MacMillan, "Priest’s Video Contradicts Police Report" (Mar. 12th, 2009), NewHavenIndependent.org

Videos:


  • Manship's footage of the incident

  • Surveillance footage of the incident

  • More surveillance footage of the incident

* * * * *


El Paso, TX police sergeant flies into rage, attacks two news reporters, and arrests them
In 2009, news reporters Darren Hunt and Ric Dupont were attempting to interview men who had been involved in a car accident when they were attacked by a raging El Paso police sergeant Raul Ramirez. Ramirez charged at one of the reporters, shoved him into a parked car, and threatened to arrest him if he did not leave. When the reporter attempted to leave, Ramirez shoved him into the car again, screamed at him to put his hands on the car, handcuffed him, and then shoved him into a nearby fence.

Ramirez then confronted the second reporter, who was filming, grabbed his camera, and dropped it on the ground. He then shoved the videographer into the fence and handcuffed him.

Both reporters were arrested, but were released without charges after a police commander reviewed the incident. The commander concluded there was no probable cause for either arrest.

Sgt. Ramirez was placed on paid leave and later demoted.

Sources:


  • David Crowder, "Cop who arrested KVIA's news team on I-10 demoted" (May 5th, 2009), NewspaperTree.com

  • David Crowder, "Expert: Officer displayed 'contempt of cop' reaction; Internal Affairs record shows 12 disciplinary actions" (Apr. 22nd, 2009), NewspaperTree.com

  • "Police Detain ABC-7 Crew Covering Crash" (2010), KVIA.com

Videos


  • News video with footage of the incident

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Eugene, OR police officer tells man he can't be in "stationary position" on sidewalk, arrests him for refusing to turn over video camera
On January 14, 2009, political activist Joshua Schlossberg was handing out pamphlets outside of a bank while filming with a video camera.

Officer Bill Solesbee confronted Schlossberg and ordered him to move, telling him "You can't have a stationary position on a sidewalk without a permit." Solesbee also demanded that Schlossberg hand over his video camera, claiming that it was "evidence." Schlossberg refused and the officer arrested him. Schlossberg claims that after his camera was turned off, Solesbee charged at him, forced him to the ground, and jammed a knee in his back before handcuffing him.

Schlossberg was charged with "intercepting communications" and "resisting arrest." Both charges were later dropped.

Schlossberg filed a lawsuit alleging that his constitutional rights had been violated and that he "suffered pain and injuries to his right temple, right ear, forehead, left side of his head, jaw, a cut to the bridge of his nose, abrasions to both knees and wrists, pain and bruising to his right hand and arm and left hand."

Schlossberg had filed an excessive force complaint against Solesbee in July of 2008 related to an arrest at an anti-pesticide rally. He said that believes the second arrest was an act of retaliation.

Sources:


  • Jonathan Marx, "Eugene, EPD sued by activist" (Jan. 22nd, 2010), Oregon Daily Emerald

Videos:


  • Schlossberg's footage of the incident

* * * * *


Federal officers arrest videographer and seize his memory card
On November 9th, 2009, Julian Heicklen was passing out Fully Informed Jury Association pamphlets outside a federal courthouse in New York City while Antonio Musumeci filmed with a video camera. Federal officers ordered Heicklen to leave despite the fact that he was not breaking any laws. Heicklen refused to leave and was subsequently arrested.
Inspector Clifford Barnes of the Federal Protective Service and a second federal officer then confronted Musumeci and demanded to see his ID. When Musumeci asked why, Barnes told him that it was against a federal regulation to videotape on federal property for commercial purposes. Musumeci informed barnes that he was not filming for commercial purposes and Barnes responded by telling he was under arrest and grabbing his camera away from him. The officers spent about 20 minutes questioning Musumeci and belittling him before issuing him a citation. Musumeci's camera was returned, but the officers kept his memory card.
Unbeknowst to the officers, Musumeci was able to record the entire incident on a small spy camera. Using the video as evidence, Musumeci sued the Department of Homeland Security and Federal Protective Services with the help of the New York Civil Liberties Union.
As part of a settlement, Musumeci was awared $1,500 in damages and $3,350 in legal fees. The government was also forced to recognize that people have the right to filming and take photographs on federal property and to provide federal officers with written instructions about this right.
The government refused to return Musumeci's memory card,. They said they planned to use it as evidence against Julian Heicklen even though they obtained it through illegal means.
Sources:

  • David W. Dunlap, "You Can Photograph That Federal Building" (Oct. 18th, 2010), The New York Times

  • Antonio Musumeci, "Arrested for filming the arrest of Julian Heicklen on federal property" (Nov. 9th, 2009), BlogOfBile.com

  • Antonio Musumeci, "Settlement with Department of Homeland Security reached" (Oct. 18th, 2010), BlogOfBile.com

  • "NYCLU Lawsuit Challenges Federal Regulation Prohibiting Photography on Public Plazas and Sidewalks" (Apr. 22nd, 2010), American Civil Liberties Union

  • "NYCLU Settlement Ends Restriction on Photography Outside Federal Courthouses" (Oct. 18th, 2010), American Civil Liberties Union

Videos:


  • Musumeci's spy camera footage

* * * * *


Greenfield, MA police arrest two men for filming at jail
On July 1st, 2010, Adam Mueller and Pete Eyre entered the Franklin County Jail with the intention of bailing a friend out of jail. They wanted to document the encounter using their video cameras.
The two arrived at the jail's front desk and, several minutes later, were told to put their cameras away. They refused and pointed out that there were no signs saying they couldn't record and that the jail had surveillance cameras that were recording them.They spent more than 15 minutes arguing about the legality of filming with several police officers before a supervisor finally agreed to allow them to bail their friend out. The officer at the front desk told them the amount of money they needed to bail their friend out and they left to get the money from their RV which was parked several blocks away.
While they were heading back to the jail, they were confronted by Sgt. Todd M. Dodge who asked for their names. They asked if they were being detained and Dodge said no. They declined to answer his question. As they walked away, Dodge asked if they were audio-recording. Once again, they declined to answer.
When they entered the building to pay the bail, the officer at the front desk told them to put their cameras away again even though the supervisor had said it was okay. They continued filming while Eyre counted out the bail money, but the officer refused to accept it.
Sgt. Todd M. Dodge confronted the men a second time and told them to put their cameras away. They argued with him briefly, then agreed to step outside. While outside, Dodge and two other officers repeatedly told Mueller and Eyre to shut their cameras off and threatened to arrest them if they didn't leave. Finally, after several minutes of arguing, the police arrested them and confiscated their cameras.

After arresting Mueller and Eyre, police located their RV which was parked several blocks away from the jail and searched it. Mueller and Eyre contend that the search was unlawful since it was conducted without a warrant and the RV had nothing to do with their arrests. A cell phone video shows that the police trashed the RV while searching it.

Mueller and Eyre were both charged with felony wiretapping. It took them approximately eight months to get their footage back from the police.

Sources:


  • Pete Eyre, "Greenfield, MA PD Arrest & Intimidate Activists For Filming" (July 4th, 2010), CopBlock.org

Video:


  • Eyre's footage of the first incident at the jail

  • Footage of Sgt. Dodge asking the men for their names

  • Eyre's footage of the second incident at the jail

  • Surveillance footage of the arrest

  • Video of Mueller and Eyre's trashed RV

* * * * *


Jones County sherrif's deputy arrests man for filming traffic stop, delete his footage
In May, 2009, Pete Eyre, Adam Mueller, and Jason Talley were pulled over by Jones County sheriff's deputy James Atkins. Atkins said he pulled the men over because he could not read their license plate which was a temporary tag from New Hampshire.

Atkins ordered all three men to exit their RV which they did. Adam Mueller was filming the traffic stop with a video camera. Atkins ordered Mueller to stand in place which Mueller did.

Eventually sherrif's deputy Abraham McKenzie drove up to the scene. After exiting his cruiser, he saw Mueller filming and ordered him to stop. Mueller said that he would not stop filming and McKenzie responded "Then you're going to jail" and arrested him.

The deputies then arrested both Talley and Eyre. Talley was pepper sprayed and placed in a choke hold during the arrest. After arresting all three men, the deputies ransacked the RV.

Mueller was charged with "disorderly conduct." Eyre was charged with "possession of beer in a dry county." Talley was charged solely with "resisting arrest."

When the men were released from jail, they discovered that Mueller's footage had been deleted by the deputies. They were able to recover it using recovery software in 2010 and published it online.

When Mueller's charge went to trial, Atkins claimed that Mueller's camera was a "distraction" and that he thought it might have been a weapon, though none of his behavior during the traffic stop indicates that this is true. McKenzie admitted to Mueller during cross-examination that he hadn't actually broken any laws, but claimed that he had to arrest him anyway "for safety purposes." When Mueller asked McKenzie why the camera made him feel unsafe, he responded with what can only be described as word salad: "Because there are many things in distractionary devices that get his attention on you for something to happen to him."

The trial ended with a hung jury meaning that Mueller was not convicted, but can be tried a second time in the future for the same charge.

Sources:


  • Pete Eyre, "Jones County Sheriff’s Department Falsely Arrests MHD Crew" (May 15th, 2009), Motorhome Diaries

  • Adam Meuller, "Arrested for Filming Police – Charged with Disorderly Conduct" (Nov. 29th, 2010), CopBlock.org

  • Adam Mueller, "Hung Jury in Jones Co, MS for Filming Police Officers" (Dec. 9th, 2010), CopBlock.org

  • Adam Mueller, "MARV Ransacked by Jones County Sheriff’s Department" (Jun. 8th, 2009), Motorhome Diaries

Videos:


  • Mueller's raw footage

  • Poor quality version of Mueller's footage with added narration

  • Footage of the trashed RV

  • Footage of Mueller's trial

* * * * *


Lindenhurst, IL police officer arrests man for recording traffic stop
Louis Frobe took up nocturnal animal watching and late-night movies as hobbies when medicine he was prescribed for chronic back pain made it difficult for him to sleep at night. He was stopped dozens of times by police officers so he began carrying video and audio recording equipment to document his encounters.
On April 15th, 2010, Frobe was pulled over by officer Ralph Goar who informed him that he had been speeding. Goar returned to his cruiser and Frobe switched on a recording device. When Goar approached Frobe for the second time, he noticed the device and arrested him.
Frobe was charged with "eavesdropping" and "possession of a controlled substance" for what was actually medication legally prescribed by a doctor. Both charges were later dropped.
In 2011, Frobe filed a federal lawsuit against the Lindenhurst police with the help of attorney Torri Hamilton with the intention of getting the state's eavesdropping law overturned. Hamilton pointed out that Illinois wiretapping law exempts police officers and therefore is based on a double standard. Police officers in Illinois frequently record people without their consent using dashboard cameras.
Sources:

  • Bob Susnjara, "Lake Villa man sues over police video" (Mar. 18th, 2011), DailyHerald.com

* * * * *


Maryland State Police raid man's home and charge him with felonies for publishing video of plainclothes cop menacing him with gun
In March, 2010, Anthony Graber was filming himself perform motorcycle stunts using a helmet-mounted camera. When Graber's motorcycle was stopped, Maryland state trooper Joseph Uhler exited an unmarked vehicle wielding a handgun. Uhler was dressed in plainclothes and aggressively approached Graber while yelling "get off the motorcycle" multiple times before finally identifying himself as a police officer. Various commentators compared the first few seconds of the traffic stop to a carjacking. Graber was cited for speeding.

On March 10, Graber posted his footage of the traffic stop online. On the morning of April 8, six police officers raided Graber's residence in Abingdon, MD, conducted a 90-minute search, and seized his camera, thumb drives, external hard drives, and four laptops. The police had obtained the warrant by alleging that Graber had violated Maryland's wiretapping statute by publishing the video. Graber was not arrested at this time because he recently had gallbladder surgery, however, he was forced to spend 26 hours in jail the following week.

On June 1, Graber was indicted on four felony charges. He faced a maximum of 16 years in prison.

On Septmeber 27, Judge Emory A Plitt Jr. dismissed the charges. "Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public," Plitt wrote. "When we exercise that power in public fora, we should not expect our actions to be shielded from public observation."

Sources:


  • Peter Hermann, "Alleged speeder charged with recording trooper" (May 8th, 2010), The Baltimore Sun

  • "Motorcyclist wins taping case against state police" (Sept. 27, 2010), The Baltimore Sun

  • David Rittgers, "Maryland Wiretapping Law Needs an Update" (Jun.1, 2010), Cato Institute

  • Annys Shin, "Traffic stop video on YouTube sparks debate on police use of Md. wiretap laws" (Jun. 16th, 2010), The Washington Post

Videos:


  • Graber's footage of the traffic stop

* * * * *


MTA police arrest MTA employee for photographing trains
In 2009, hobbyist Robert Taylor was taking pictures of trains at the Freeman Street station in New York City. Taylor started boarding his train when he was confronted by police who demanded that he get off the train. The officers told him that it was illegal to photograph trains. Taylor, an MTA employee, was familiar with the MTA's rules about photography and used his phone to show them to the officers in order to prove that photography was perfectly legal.
The officers arrested him anyway. They charged him with "unauthorized photography," "disobeying a lawful order," "impeding traffic," and "unreasonable noise" and locked him in a jail cell for approximately two hours.
All the charges were eventually dropped. Taylor sued the city with the help of attorney Gerald Cohen and was awarded $30,000 in a settlement.
After the settlement was reached, Taylor returned to the station with a Fox news crew to film a segment about the lawsuit. During this time, the the news crew was confronted by a transit supervisor who harassed them and used his hand to block their cameras. The suprvisor left them alone when he realized they were "working press."
Sources:

  • John Deutzman, "Shutterbug Fights Bogus Ticket" (Feb. 9th, 2010), MyFoxNY.com

* * * * *


Newark, NJ special officer attacks CBS reporter at anti-violence demonstration
In 2008, Newark special police officer Brian Sharif confronted a CBS reporter filming at an anti-violence demonstration and ordered him to put his camera away. When the reporter did not immediately follow the order, Sharif grabbed his camera, put him in a choke hold, placed him in the back of his cruiser, and charged him with disorderly conduct. One bystander told Sharif that he couldn't arrest the reporter for filming and he responded "I can do whatever I want."

The victim, James Quodomine, filed a lawsuit alleging that the city offered to drop the charge if he agreed not to sue the city. When Quodomine refused the agreement, the city dropped the charge anyway.

Sources:


  • Joe Ryan, "Cameraman files suit against Newark officer who tried to halt filming of demonstration" (Nov. 3rd, 2009), NJ.com

Videos:

  • News video featuring footage of the incident

* * * * *


New Haven, CT police curse at and arrest man for filming friend's arrest
In Septmeber, 2010, police were called to a public sidewalk outside a bar and detained a Quinnipiac University student. The student's friend, Kenneth Hartford, began filming. Police asked Hartford if he knew the man they were detaining and, when he replied in the affirmative, immediately decided to place the friend under arrest.

Hartford asked why his friend was being arrested. One officer responded "None of your business" then a second officer claimed the student had been accused of hitting another person. Several police officers then approached Hartford and began yelling profanity-laced orders to shut off his camera and leave. For instance, one officer told Hartford to "Put that [i.e., his camera] in your fucking pocket and get the fuck out of here."

After Hartford's camera was turned off, he was tackled and placed under arrest for "disorderly conduct" and "interfering with a police investigation." Hartford spent a night in jail.

Sources:


  • Matt Ciepielowski, "Senior arrested after filming another student’s arrest" (Sept. 28th, 2010), The Quinnipiac Chronicle

  • Hillary Federico, "Quinnipiac students claim police brutality, 1 arrested after taping cops" (Sept. 28th, 2010), The Middletown Press

Videos:

  • Hartford's footage of the incident

* * * * *


New York City, NY police officers arrest woman for filming at public meeting
In October, 2010, Larisa Beachy was filming at a Community Education Council (CEC) hearing about a potential charter school. Noah Gotbaum, president of the District 3 CEC, told Beachy that she needed a permit to film and ordered her to leave. Beachy refused and the police were called. Beachy was arrested and charged with "refusing a lawful order."
A formal complaint was filed with Schools Chancellor Joel Klein asking him to confirm whether or not it was legal to film at the meeting. The complaint prompted lawyers from the city's Education Department to issue letters to all CEC officials explaining that they "may not prohibit members of the public or press from making video or audio recordings."
Sources:

  • Rachel Monahan, "Success Charter scores a victory after Department of Education backs taping of meetings" (Nov. 7th, 2010), NYDailyNews.com

  • Kerry Willis and Joe Kemp, "Charter school hearing in Manhattan gets ugly over videotape flap" (Oct. 21st, 2010), NYDailyNews.com

* * * * *



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