California Cops Arrest, Harass Man for Videotaping Them on the Job
November 26, 2012 4:01 PM
comment(s) - last by
VideoTape All ..
Message sent is that citizens should not be able to monitor the public actions of officials they employ
"If you don't give me your ID, then you're going to jail."
That's what a California cop, Officer Gabriel "Gabe" Lira, tells a man who is videotaping a routine traffic stop. For Daniel J. Saulmon who lives in Hawethorne, a suburb of Los Angeles west of Compton, he was simply doing his citizens duty. After all, his taxes help fund the Hawethorne Police Department, so why shouldn't he be allowed to
record video of police in public
on the job, in order to ensure that they do not abuse their citizen-entrusted power?
I. Show Some ID, Bud
Unfortunately, the Hawethorne Police Department's police officers didn't feel they owed the taxpayer anything.
Instead they arrest him (as the tape clearly shows) for failing to produce ID. The only problem? There is no law in California banning recording of on-duty cops and there is no law that requires Californians to produce papers to cops. And in states where there
such laws, the requirement is that the individual be suspected of committing a crime.
Initially the HPD tried to charge the citizen with
resisting, delaying and obstructing an officer
-- an offense punishable for up to $1,000 USD in fines and a year in jail. They also cited him for
not having reflectors
on his bike pedals (punishable with a fine of up to $250 USD).
Ultimately both charges were dropped. Mr. Saulmon's video, ironically, offered vindication by showing the officer improperly demanded his identification. It also showed he was standing a good distance away from the investigation site, and hence was not obstructing.
The extra irony is that the HPD officers should definitely have known better than to pick on Mr. Saulmon. Keenly aware of his rights, he regularly records local arrests. In 2005 he was arrested in a similar situation for eavesdropping/wiretapping. The charges were eventually dropped, and the HPD paid him a settlement of $25,000 USD for the wrongful arrest.
Mr. Saulmon is likely to pursue a similar settlement from the department this time around.
He tells the blog
Photography is not a crime
, "They knew exactly who I was. They always address me as ‘Mr. Saulmon'."
II. Justice for Some, But Not All
While the incident ended in vindication for the accused, other similar encounters across the country
ended with little reprieve
for the arrested videotaper. That's because some jurisidictions have banned citizens from recording local cops. The fight to overturn these verdicts may have been given a helping hand by the U.S. Attorney General, who
penned a fiery response
arguing that such arrests were unconstitutional. U.S. Circuit Appeals courts
such taping to be well within a citizen's rights.
Some police organizations are still fighting to push back the current federal mandate and instead making taping cops a federal crime.
Jim Pasco, executive director of the
Fraternal Order of Police
, argues that officers should not have to be held accountable and should be free to arrest citizens who try to monitor their activity for wrongdoing.
The Frateneral Order of Police says citizens should not be allowed to hold cops accountable when on the job in public. [Image Source: ACLU]
He comments, "They [police officers] need to move quickly, in split seconds, without giving a lot of thought to what the adverse consequences for them might be. We feel that anything that's going to have a chilling effect on an officer moving — an apprehension that he's being videotaped and may be made to look bad — could cost him or some citizen their life or some serious bodily harm."
Mark Donahue, president of the Fraternal Order of Police, agrees. He has stated in previous comments that his organization "absolutely supports" throwing those who tape police officers behind bars.
He complains that citizens monitoring police activities for wrongdoing might "affect how an officer does his job on the street."
Photography is Not a Crime
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RE: all part of a pattern
11/27/2012 10:13:29 AM
It cuts both ways. In a modern world, malicious surveillance of citizens by police is a problem and malicious surveillance of police by the citizenry is also a problem.
The difference is that police are powerful public servants and can legally use force to detain and imprison the citizenry so they need to be held to a higher standard
RE: all part of a pattern
11/28/2012 10:30:08 AM
So lower standards for citizens is OK? Your Pathetic.
That's the biggest part of the problem within the US is that Police are having to deal with citizens of low moral/ethical standards on a daily/hourly basis.
If all citizens behaved/acted as responsible/mature adults, then the police wouldn't be as busy as they are. Also, other citizens would step in and correct behaviors that go against societies standards. The problem is that everyone wants to leave it up to the police to clean up the trash, but then the public gets upset when force is used. Step up to the plate and stop being a back-seat driver.
If you can do better, take the wheel and man up.
Only an Ignorante fool expects others to be held accountable to higher standards while they are not.
RE: all part of a pattern
11/28/2012 1:27:36 PM
You and I are in partial agreement. Yes, there are many adults that chose to act badly. Those people face consequences from both the police/judicial system and society at large. After all, who wants to hire a convicted felon.
The difference I point to is a larger difference in the powers of the citizens and the police. A citizen cannot legally detain and imprison someone if they chose to, because they will likely be caught and punished for it. A police officer can work from within the police authority powers to detain, frame and imprison someone with a very small chance they will be caught and punished.
Again, both are acting maliciously and illegally in the examples but because the police are working from within the power structure, they have a much, much higher probability of getting away with it. Yes, police are held to a higher standard when performing their duties.
"If you mod me down, I will become more insightful than you can possibly imagine." -- Slashdot
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