Videotaping to police from your front yard is apparently illegal

Started by Berkut, June 22, 2011, 03:07:18 PM

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Capetan Mihali

Swedes often join online forums because.... well, I can't even really rationalize it.
"The internet's completely over. [...] The internet's like MTV. At one time MTV was hip and suddenly it became outdated. Anyway, all these computers and digital gadgets are no good. They just fill your head with numbers and that can't be good for you."
-- Prince, 2010. (R.I.P.)

Rasputin

Quote from: Berkut on June 22, 2011, 03:17:13 PM
What kind of bothers me about this (Well, one thing anyway - there are plenty of things to be bothered about) is that she is going to go into court, and it is going to be thrown out. No DA is going to touch this, I am guessing.

But is that it? Because exercising the power to arrest when in fact the law does not support that use of the power should be a pretty fucking big deal, I think. I mean, if I went and grabbed someone and hauled them off against their will and locked them up somewhere for a few hours even, I would go to jail for a rather long time. That is a pretty serious crime.

I am not suggesting that this police officer needs to be arrested - rather I suspect this is a training and culture issue. But if this is as bad as it looks, then there is a very serious systemic problem here. We have a police officer, and where there is one, there is almost certainly more, who simply does not understand his role in enforcing the law and how to use the rather considerable power that has been granted to him.

And for everyone we have video of, how many instances of the police abusing their power do we NOT see? And I am not even talking about the obvious, cop beating someone up or something, *major* abuses, but more the little things. Police not being entirely honest in their reports. Demanding that people do things they have no power to demand. Constructing probable cause. Etc., etc.

id take her civil case
Who is John Galt?

grumbler

Quote from: Slargos on June 22, 2011, 04:03:04 PM
:lol:

You crack me up.

Go on. Give me a source for this claim.
And if I do (and I can), then what?  You will change your position... how?

Or will you just claim that what I said was self-evident and that you knew it all along?

Give me a motivation for providing the link to support my assertion.  After all, it is work on my part, and if there is no gain, why should I bother?

You crack me up.  You actually haven't a clue as to what the research says, do you?  :lmfao:
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Slargos

Quote from: grumbler on June 22, 2011, 04:42:08 PM
]And if I do (and I can), then what?  You will change your position... how?


It will turn what seems like an unreasonable claim into a reasonable one, and I will go on my merry way.

QuoteOr will you just claim that what I said was self-evident and that you knew it all along?

Now you're just projecting. You pull shit like that, I don't.

QuoteGive me a motivation for providing the link to support my assertion.  After all, it is work on my part, and if there is no gain, why should I bother?

Fuck if I care. You can make all the unsupported statements you wish. There is no gain to any of this, and I'm left wondering why you even bother to post here. You have nothing to add.

Quote
You crack me up.  You actually haven't a clue as to what the research says, do you?  :lmfao:

Of course not, if I were privy to your vast information about the motivations for joining the police and you are actually correct, I obviously wouldn't object.

You're not very bright, are you? :hmm:

Jacob

Quote from: Slargos on June 22, 2011, 04:13:41 PM
Americans often join the army because they want to stack people into naked pyramids.

Jews often join the army just to be allowed to murder arabs without repercussion.

... and Swedes often post on the internet to make complete asses of themselves.

Habbaku

Quote from: grumbler on June 22, 2011, 04:01:23 PM
I don't think it is avoidable unless you want to pay cops enough that you can afford to be hyper-choosey about whom you take.

In this particular case, at least, we know exactly how much the officer in question makes.

http://rocdocs.democratandchronicle.com/database/city-rochester-police-pay-and-overtime



I don't think ~$75k/year is chump change, even in New York.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

grumbler

Quote from: Habbaku on June 22, 2011, 07:01:28 PM
Quote from: grumbler on June 22, 2011, 04:01:23 PM
I don't think it is avoidable unless you want to pay cops enough that you can afford to be hyper-choosey about whom you take.

In this particular case, at least, we know exactly how much the officer in question makes.
I sup[pose some might find that interesting, but since my point wasn't about this officer (nor was the post I was responding to), your data doesn't really say anything about my point.

As for $65.6k base pay being "not chump change," even in NY, you are right.  Studies show that even more cops join because of the pay and benefits than join because they are authoritarian personalities (the latter, btw, is probably advantageous in some lines of police work).  A lot of cops also have pensions starting with 20 years on the force, as well. 

But the pay isn't so great that it generates a huge pool of otherwise-qualified applicants, so that you can weed out the authoritarian types.  Which was my point, and has little (maybe nothing) to do with Officer Masic.  He could have been simply ignorant of the law, rather than authoritarian. 
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

11B4V

I believe some states are trying to get legislation passed to make it illegal to video record law enforcement. Whether it will hold up..who knows. Personally as a Police Officer.. I dont give a shit either way.

Inregards to the posted vid, the officers obstructed themselves. They should have ignored her. Oh and shes a dumb ass anyway.

Here's a snippet of Washington state

QuoteWashington State passed a law making it illegal to videotape police in the performance of their duties. The Federal District Court ruled it unconstitutional, and the 9th Circuit upheld.
"there's a long tradition of insulting people we disagree with here, and I'll be damned if I listen to your entreaties otherwise."-OVB

"Obviously not a Berkut-commanded armored column.  They're not all brewing."- CdM

"We've reached one of our phase lines after the firefight and it smells bad—meaning it's a little bit suspicious... Could be an amb—".

JonasSalk

Most states have one-party consent on so-called "wiretapping" in a public place--meaning, I consent to me recording you. There's 11 states that have two-party and there's currently federal legislation in progress trying to make recording in public legal in all states.
Yuman

11B4V

QuoteThe court further stated that its decision on the First Amendment question was supported by the fact that none of the cases reviewed involved traffic stops—an activity the U.S. Supreme Court has found to be "inherently dangerous." Thus, the court determined that the right to videotape police officers during traffic stops was not clearly established, and the police officer was entitled to qualified immunity on the alleged First Amendment violation.
"there's a long tradition of insulting people we disagree with here, and I'll be damned if I listen to your entreaties otherwise."-OVB

"Obviously not a Berkut-commanded armored column.  They're not all brewing."- CdM

"We've reached one of our phase lines after the firefight and it smells bad—meaning it's a little bit suspicious... Could be an amb—".

Eddie Teach

Quote from: JonasSalk on June 22, 2011, 08:24:16 PM
Most states have one-party consent on so-called "wiretapping" in a public place--meaning, I consent to me recording you. There's 11 states that have two-party and there's currently federal legislation in progress trying to make recording in public legal in all states.

It's the lobbyists for Big Youtube at work.  <_<
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

ulmont

Quote from: JonasSalk on June 22, 2011, 08:24:16 PM
Most states have one-party consent on so-called "wiretapping" in a public place--meaning, I consent to me recording you.

Keep in mind this only works if you are actually a party to the conversation being recorded, as I read those statutes.

Slargos

Quote from: Jacob on June 22, 2011, 06:52:15 PM
Quote from: Slargos on June 22, 2011, 04:13:41 PM
Americans often join the army because they want to stack people into naked pyramids.

Jews often join the army just to be allowed to murder arabs without repercussion.

... and Swedes often post on the internet to make complete asses of themselves.

So I take it you agree with grumbler's assessment about the motivations of police officers then? Perhaps you too have read this research data he claims to possess. :hmm:

Strix

Not trying to defend Officer Masic because grumbler's earlier point about people seeking power through a law enforcement position is a major on-going issues (which is why you go through a lot of psyche screening) but I think I know Officer Masic's motivation in this instance.

He does a lot of plain clothes work, so he was probably more concerned with his face being plastered all over YouTube and/or other internet video places than abusing his authority for personal gratification. I am sure his first thought was about his personal safety if he works plain clothes again.

He wasn't right, regardless, because he is trained to know that he cannot arrest someone for what he did.
"I always cheer up immensely if an attack is particularly wounding because I think, well, if they attack one personally, it means they have not a single political argument left." - Margaret Thatcher

Berkut

That is pretty interesting Strix, and certainly would explain what seemed like somewhat inexplicable behaviour.

He didn't really come across in the video as someone on a power trip - just as someone who did not want to be video-taped, but had no real idea how to stop it. I assumed he simply did not know that being videoed was a part of the job, and something he would have to tolerate, even if he didn't like it, so he decided to try to do something about it not knowing that what he was doing was probably not legal.
"If you think this has a happy ending, then you haven't been paying attention."

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