Police arrest reporter for filming outside town hall meeting
In August of 2009, newspaper reporter Jake Wagman was attempting to film police responding to a fight that occurred outside a public school being used for a town hall-style meeting about healthcare reform. Police demanded that Wagman leave the scene and, when he did not, arrested him for "interference."
Sources:
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Carlos Miller, "Newspaper journalist arrested while filming demonstration in St. Louis" (Aug. 9th, 2009), Photography is Not a Crime
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Portsmouth, NH police arrest man for filming them break up party
In 2010, police broke up a July 4th party which allegedly featured underage drinking. Police arrested 20 people.
Police arrested 20-year-old Adam H. Whitman -- but not for drinking. Whitman was arrested for filming the police with a cell phone camera. He was charged with violating New Hampshire's wiretapping statute.
Sources:
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Elizabeth Dinan, "Wiretapping charge for man accused of recording party bust on cell phone" (Jul. 6th, 2010), SeacoastOnline.com
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Portland, OR police cite man for filming stop-and-frisk
In 2008, Portland police officers stopped two men on a public street and demanded to see their IDs. One officer accused one of the men of being a drug dealer and the other of being a buyer. Both men were subjected to pat-down searches. Neither search turned up any evidence of illegal activity nor was either of the men arrested.
Mike Tabor, a concerned bystander, recorded the incident on his cell phone. After the police conducted the two searches, two officers approached Tabor, seized his camera, and issued him a citation. The Multnomah County District Attorney's Office declined to prosecute Tabor.
Sources:
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Aimee Green, "Man threatens suit over seizure of videocamera after he tapes Portland police rousting two men" (Sept. 16th, 2008), OregonLive.com
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Roanoke, VA police ban man from courthouse for photographing elevator
In 2009, Andrew Reams, a self-proclaimed "elevator photographer," was taking photographs of an elevator in a public building when an angry janitor threatened to destroy his camera and have him arrested if he did not leave. The photographer left the building, but the janitor decided to call the police anyway. The police quickly showed up and began harassing Reams who had relocated to a public sidewalk.
The police asked Reams for his ID and other personal information. They also asked him why he had been taking photographs. He provided them with ID and answered their questions in a friendly tone.
During the interaction, Reams asserted his right to take pictures. One of the officers conceded that he had a right to take pictures, but explained that he should expect to be harassed and threatened by people anyway because he might "put their face on a naked body or something."
Officer J. A. Vance eventually issued a trespass order barring Reams from entering the building again. The order claimed that Reams was banned because of "suspicious activity."
Sources:
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Carlos Miller, "Man gets harassed for photographing elevator in Virginia courthouse" (Jan. 8th, 2010), Photography is Not a Crime
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Salisbury, NC woman convicted of resisting arrest for filming traffic stop from her porch
In November, 2009, Felicia Gibson was standing on her front porch and filming police conduct a traffic stop. Officer Mark Hunter approached Gibson and began repeatedly yelled at her to get in her home. Hunter placed Gibson under arrest for "resisting, obstructing or delaying an officer."
When Gibson's charge went to trial, Judge Beth Dixon convicted her and sentenced her to six months probation and community service. Dixon said at the trial that Gibson should have observed the traffic stop from inside her home and that she hoped the conviction would teach Gibson a lesson.
The conviction inspired a protest outside city hall.
Sources:
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Shavonne Potts, "Woman who videotaped officer found guilty of resisting arrest" (Aug, 21, 2010), SalisburyPost.com
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Shelley Smith, "Citizens protest against city, Hunter" (Aug. 25th, 2010), SalisburyPost.com
Videos:
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Gibson's footage with added voiceover
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Scottsdale, AZ police taser and arrest man for filming
In August, 2009, two Scottsdale motorcycle cops rode into a parking lot and began questioning a drunk woman who was urinating in public.
Jeffery Nappi, a friend of the girl, began filming the incident with his video camera. After arresting the girl, one of the officers approached Nappi and ordered to turn the camera over as "evidence." Nappi refused and the officer began trying to grab the camera from him. The officer claims that Nappi began fighting him at this point, however, Nappi denies that he fought with the officers. It is not disputed, however, that the second officer attacked Nappi with a taser during the confrontation.
Nappi was arrested and charged with "assault," "disorderly conduct," "hindering prosecution."
After Nappi was released from jail, he attempted to get his video camera and iPhone back from the police, but they refused to return them.
Sources:
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Carlos Miller, "AZ police refuse to return video camera to man they arrested for filming them" (Aug. 27th, 2009), Photography is Not a Crime
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Spring City and East Vincent, PA officers cite man for filming twice and illegally search his car
In 2006, Richard Hookway began filming Spring City and East Vincent police officers because he suspected them of spending time outside their respective jurisdictions and running personal errands while on-duty.
On January 19, 2007, Hookway was stopped by Spring City police officer Stofflet for filming. Several days later, he received citations in the mail for "harassment" and "disorderly conduct."
On February 1, Hookway was filming a traffic stop when he was confronted by Stofflet and East Vincent officer Karl Jones who told him it was against the law to film. He received citations for "harassment" and "disorderly conduct" in the mail again.
On February 19, Hookway was filming a third traffic stop when he was confronted by Spring City police officer Smythe who locked him in the back of his police cruiser for an hour and illegally searched his car twice. Hookway alleged that officer Smythe cursed at him, taunted him, and threatened to confiscate his video camera and car.
The ACLU filed suits against the Spring City police and East Vincent police on behalf of Hookway. Both departments were forced to adopt a new written policy about video-recording, train their officers properly, and pay for the $3,2000 in legal costs Hookway incurred defending himself against the charges. The officers who harassed Hookway were also forced to write letters of apology.
Sources:
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"ACLU of PA Announces Settlement for Man Arrested for Videotaping Police Officers in Public" (Dec. 18th, 2008), American Civil Liberties Union of Pennsylvania
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Michael Hays, "Police must apologize to man who taped traffic stops" (Nov. 20th, 2008), PottstownMercury.com
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Carlos Miller, "Penn. police ordered to apologize to man they harassed for filming them" (Jan. 29th, 2009), Photography is Not a Crime
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St. Mary's sheriff's deputy enters private residence and arrests woman for filming
On June 12, 2010, Yvonne Nicole Shaw began filming a police response to a noise complaint at a friend's home. She said she decided to film because officers were acting "very aggressive."
St. Mary's sheriff's deputy Patrick Handy approached Shaw and grabbed her cell phone camera from her. Shaw went inside her friend's house to call the police department and ask if what Handy had done was legal. Handy began following Shaw, but was told by the home's occupant, Sabrina Mawson, that he did not have a search warrant or here consent to enter. Handy allegedly threatened to arrest Mawson if she did not leave her home, then entered it, and placed Shaw under arrest for "unlawful interception of communication."
The charge was later dismissed by State's Attorney Richard Fritz. Fritz confirmed that filming police is legal, however, he also claimed that Handy had not engaged in misconduct by seizing Shaw's phone and arresting her.
Sources:
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John Wharton, "Fritz says recording of deputy legal" (Jun. 23rd, 2010), Southern Maryland Newspapers Online
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Tarpon Springs, FL officer arrests student for refusing to give up video camera
In 2011, two college students, William Kilgore and and Tommy Frain, were filming Tarpon Springs police officers searching a man's car.
One of the officers approached Kilgore, informed him that "what you just videotaped was this officer receiving consent to search that person," and then demanded that Kilgore surrender his video camera or go to jail, claiming that the camera was "evidence." Kilgore chose not to provide the officer with the camera and the officer arrested for “obstruction.”
Frain then attempted to film Kilgore’s arrest with his cell phone, but the officer the phone as well. Frain was not arrested.
Kilgore and Frain both received their property back and plan to file a lawsuit against the Tarpon Springs police department.
The charge against Kilgore was eventually dropped.
Sources:
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"Man thrown in jail for 'cop watching'" (Feb. 7th, 2011), TBO.com
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Mike Deeson, "Tarpon Springs Police arrest a college student taping police activities as part of a group called 'Cop Watch'" (Jan. 22nd, 2011), WTSP.com
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Mike Deeson, "Charges dropped for kids taping cops" (Feb. 18th, 2011), WTSP.com
Videos:
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Video of William Kilgore's arrest
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Troy, NH police arrest RPI student for filming alleged police brutality
In August 28, 2010, Rensselaer Polytechnic Institute student Nicholas Nigro filmed part of a police response to an alleged fight.
His video is of poor quality and difficult to make out, but he claims it shows Troy police officers repeatedly striking another student, Luis M. Lluberes, with a baton. Police later claimed that the strikes were performed in self-defense.
Officers saw Nigro filming and approached him. One officer accused Nigro of having an open container then began repeatedly saying "goodbye," and finally ordering him to go back into his home. Police then arrested Nigro and charged him with disorderly conduct and having an open container. Nigro denies having an open container.
Police Chief John Tedesco later confirmed that Nigro's disorderly conduct charge stemmed from his "failure to disperse" meaning that he was charged for refusing to leave.
Sources:
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Dave Canfield, "Video alleged to depict Troy police beating RPI student" (Aug. 31st, 2010), The Saratogian
Videos:
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Nigro's footage of the incident
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U. Pittsburgh police arrest student for filming
On April 29, 2009, a group of students were stopped by University of Pittsburgh police who demanded to see their IDs. One of the students did not have an ID, so the police put her in handcuffs.
Another student, Elijah Matheny, filmed the incident with his cell phone. Matheny was arrested on wiretapping charges and for "possession of an instrument of crime" -- his cell phone.
In July of 2009, a judge dismissed both the charges. The American Civil Liberties Union of Pennsylvania filed a lawsuit on behalf of Matheny. The lawsuit was settled by the Allegheny County district attorney's office when it agreed to send a memo out to police and prosecutors explaining that it is not illegal to film police officers.
Sources:
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"ACLU files suit on behalf of Pittsburgh man arrested for taping police" (Aug, 13th, 2009), American Civil Liberties Union of Pennsylvania
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Paula Reed Ward, "DA's office agrees to unusual settlement" (Jul, 15th, 2010), Pittsburgh Post-Gazette
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Weare, NH police impound videographer's car
On March 24th, 2010, Sgt. Joseph Kelley pulled over Tyler Hanslin for allegedly speeding in front of the Weare Middle School.
Carla Gericke, a friend of Hanslin began recording the traffic stop with a video camera. A second friend, William Rodriguez, pulled onto the scene and began recording the incident with his own camera. When Kelley realized he was being filmed, he called for back-up.
Gericke returned to her car, rolled up the windows, and continued documenting the scene. She was approached by officer Brandon Montplaisir who ordered her out of her car and arrested her for "disobeying a police officer." She was later charged with felony wiretapping as well.
Rodriguez went to try to bail Gericke out of jail, but police arrested him at the jail on wiretapping charges. Court records indicate he was arrested for allegedly filming at the jail, but Rodriguez claims his camera was turned off at that point.
The charges were eventually dropped, but the police had Gericke's car impounded and never returned the cameras.
Gericke's attorney Seth Hipple attempted to obtain a dashboard camera video of Gericke's arrest, but the police claimed their cameras weren't working at the time of the arrest.
Sources:
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Dan O'Brien, "Activists claim police won't give back recording devices" (Oct. 18th, 2010), Union Leader
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Dan O'Brien, "Weare police charge man for recording traffic stop" (Feb. 25th, 2011), Union Leader
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Weare, NH police arrest man for recording traffic stop with cell phone
On July , William Alleman left a gathering and was followed by police officer Brian Montplaisir. Eventually, Montplaisir pulled Alleman over. While Montplaisir was approaching Alleman's car, Alleman called a voice mail service on his cell phone to audio-record the traffic stop.
Alleman was not arrested at the traffic stop. Instead, officers arrested him on a warrant accusing him of "interception of oral communication" on February 25, 2011.
Sources:
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Dan O'Brien, "Weare police charge man for recording traffic stop" (Feb. 25th, 2011), Union Leader
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Yellow incidents:
On February 20th, 2009, officer Richard Heitzenrater arrested David A. Baker for urinating in public. After the arrest, Heitzenrater confronted Baker in a holding cell at the Beaver County Jail, brutally beat him, and threatened him by putting a gun in his mouth.
The incident was recorded by a surveillance camera, however, Heitzenrater conspired with police Lt. Robert Kuzma to destroy the footage in an attempt to cover up his crimes.
Heitzenrater and Kuzma were both found out and charged with multiple civil rights violations. Both men took plea deals and were convicted of "deprivation of civil rights." Heitzenrater was sentenced to six months in a halfway house. Kuzma was given a year of probation. Both men retired from the police force amid the investigation.
Sources:
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"2 Ambridge Officers To Plead In Beating, Avoid Trial" (Feb. 25th, 2010), WPXI.com
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"Ambridge Officers Plead Guilty In Suspect Beating Case" (Jul. 12th, 2010), WTAE.com
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Rich Lord, "2 former Ambridge officers sentenced in prisoner beating" (Nov. 12th, 2010), Pittsburgh-Post Gazette
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In 2010, police officer John Nye was accused of using excessive force while arresting Corey Vasquez in the month of March. Nye was cleared of the excessive force charge, however, the Bethlehem City Council unanimously voted to fire him because he lied about the existence of dashboard camera footage of the arrest.
A second police officer, Michael Lenner, was accused of destroying surveillance footage of the arrest. Lenner was sentenced to an "Accelerated Rehabilitative Disposition" (ARD) program which allowed him to avoid receiving a criminal record as long as he completed a period of probation and paid court costs and fines.
The excessive force allegation against the Bethlehem PD occurred just a little over a year after Bethlehem's police union filed a complaint with Pennsylvania's Labor Relations Board in an attempt to get dashboard cameras removed from their police cruisers.
Sources:
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Pamela Lehman, "Bethlehem police to city: Don't tape me, bro'" (Aug. 28th, 2009), AllBusiness.com
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Will Lewis, "Council Votes To Fire Police Officer" (Dec. 7th, 2010), WFMZ.com
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Riley Yates, "DA: Bethlehem cop OK'ed for ARD" (Feb. 8th, 2011), The Chicago Tribune
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Birmingham, AL police edit dashcam video to cover up beating
On January 23, 2008, police stopped Anthony Shannon Warren to question him about alleged drug activity. Warren fled in his car and was chased by the police. The chase ended with Warren's car colliding with a police cruiser. Warren was ejected from his car and knocked unconscious. Police converged on Warren's unconscious body and began kicking, punching, and beating him with batons.
Later, the police turned a dashboard camera video of the chase over to prosecutors for use in Warren's trial, but had edited out the beating. The prosecutors said that police failed to disclose that they had edited the video.
Five of the officers who beat Warren were fired. Two of the officers were criminally charged, but were acquitted. The beating and attempted cover-up resulted in an FBI probe into the department.
Warren was charged with attempted murder for trying to strike a police officer during the chase, but accepted a plea deal in which he plead guilty to first-degree assault. He was sentenced to 20 years in prison.
Warren sued the city seeking damages damages in "excess of $100,000," but the suit was dismissed.
Sources:
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Kent Faulk, "Two former Birmingham police officers not guilty in video-taped beating" (Jan. 18th, 2011), al.com
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Carol Robinson, "Birmingham police beating video: Did not show beating when first given to DA" (May 21st, 2009), al.com
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Carol Robinson, "Birmingham police beating video: Five officers fired" (May 20th, 2009), al.com
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Bob Sims, "Birmingham police beating video: Attorney for beaten man filed claim against city" (May 20th, 2009), al.com
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Bob Sims, "Birmingham police beating video: FBI will investigate" (May 20th, 2009), al.com
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Bob Sims, "Birmingham police beating video: Officers to be disciplined for beating unconscious man" (May 20th, 2009), al.com
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Val Walton, "Federal judge dismisses Hoover, police officer from lawsuit over Birmingham police beating" (Aug. 13th, 2010), al.com
Videos:
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Unedited dashcam video
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Shorter video that only shows the end of the chase
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Carmel, IN police refuse to release dashcam video of police handcuffing woman at gunpoint
In 2010, Justine Allen was driving behind off-duty police officer Brian Martin who she claimed was driving very slowly. She pulled up alongside the officer and asked if something was wrong and the officer told her to pass him.
Later, Allen arrived at her doctor's office for an appointment and was accosted by a group of police officer who handcuffed her at gunpoint. The officers demanded to know why Allen hadn't stopped when Martin used the lights on his cruiser. Allen informed Martin that his lights never turned on. Martin checked his lights and realized that they were malfunctioning.
The police decided not to charge Allen with "fleeing police" when they realized their mistake, but gave her a $165 traffic ticket for allegedly driving to close to officer Martin before passing him.
Allen claimed that Martin's dashboard camera would show that she cooperated fully with the police, but they said the camera failed to record the incident because the blown fuse in Martin's lights were also necessary for his camera to function properly. Other officers recorded the incident on their dashboard cameras, but the police refused to release the videos.
Eventually, the charge against Allen was dropped.
Sources:
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Bob Segall, "Young mother handcuffed at gunpoint by Carmel Police" (Sept. 23rd, 2010), WTHR.com
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Bob Segall, "Carmel drops charges over traffic stop" (Nov. 23rd, 2010), WTHR.com
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On June 13th, 2009, Officer Jason Anderson was involved in a car crash that claimed the lives of two teenage girls. Anderson's speed was later estimated to be above 90 miles per hour at the time of impact.
Bart Halloran, a lawyer representing the family of one of the teens killed in the crashed, later attempted to obtain thousands of hours of dashboard camera footage from the Milford police. Halloran hoped the footage could be used to establish that Milford officers regularly drove at excessive speeds, however, the footage had been deleted by Lt. Dan Bothwell.
Bothwell was later suspended without pay for a single day for violating an order that required all footage sought under a Freedom of Information request to be retained.
Both Bothwell and the police chief insisted that the footage had been deleted by mistake, but Halloran was incredulous. "It is inconceivable to me that this evidence would have been destroyed if it had been in any way helpful to their case," he said.
Sources:
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Frank Juliano, "Milford cop suspended for erasure of dashboard video" (Sept. 28th, 2010), ctpost.com
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Nashville, TN police officer lies about existence of dashcam video of arrest that lead to pregnant woman being shackled to a hospital bed
On July 3rd, 2008, Sgt. Tim Coleman stopped Juana Villegas, a pregnant woman, for allegedly driving carelessly. Coleman asked Villegas to see a driver's license, however, she only had a Mexican ID. Normally people without driver's licenses are cited, however, Coleman decided to arrest her because he believed her to be an undocumented immigrant. "If she is here illegally, I can promise you she is going back to Mexico. They will deport her," Coleman said.
After being arrested, Villegas was forced to give birth while in police custody. She alleges that she was shackled to a hospital bed while giving birth. Police admit that she was shackled to the bed, but claim the shackles were removes two hours prior to her giving birth and were put back on several hours after. The charges against Villegas were later dropped due to mishandling by Sgt. Coleman.
In court, Coleman was asked about the video his dashboard camera recorded of the incident. Coleman testified that his camera was malfunctioning the day of the traffic stop so no such video existed. Later, the department released the video in response to a Freedom of Information Act request. The video opened with Coleman explaining that he had tested the camera and that it was working properly.
Sources
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Nick Beres, "Arrest Video Of Pregnant Woman Raises Questions" (Aug. 9th, 2010), NewsChannel5.com
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Chris Echegaray, "Dashboard cam captures pregnant woman's arrest" (Aug. 9th, 2010), Tennessean.com
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"Hispanic woman claims racial discrimination" (Jul, 17th, 2008), KKRN.com
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"Police Claim Legitimate Arrest; Woman Clams Racial Profiling" (Jul. 13th, 2008), NewsChannel5.com
Videos:
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Dashcam video of the incident
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