June 25, 2011 4:31 AM PDT
I have to agree with sjsak1. Seems like they don't like being videotaped. If they were doing a regular stop, by the book, I would think a video that supports their side of a stop would be welcome in the event the suspect had accused them of something. I'm not against law enforcement by any means, but I don't see the officer's viewpoint on safety at all.
June 25, 2011 4:41 AM PDT
First Amendment to the United States Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Fourth Amendment to the United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
June 25, 2011 6:30 AM PDT
I've got nothing against the police and I think they should be able to perform their job without the interference of the general public. However, this woman was not interfering and the cop acted like an ass. According to state law the woman had every right to film them, even from the sidewalk (the officer incorrectly told her she couldn't). The only person in violation of the law was the cop. The officer apparently also made inaccurate statements on the police report to justify his actions (also illegal) .
www.huffingtonpost.com/2011/06/22/emily-good-arrested-videotaping-police-rochester_n_882122.html />
June 25, 2011 6:37 AM PDT
To make matters worse the Rochester PD apparently decided to make a bold statement at a support rally for the arrested woman. Way to show the civilians whose got the badge.
www.boingboing.net/2011/06/24/rochester-police-use.html type="_moz" />
June 25, 2011 3:56 PM PDT
I sorry boys and girls but after 26 years of being in Law Enforcement I feel I need to chime in here. I see absolutely nothing wrong with the way this situation was handled. I don't believe it was that the officers did not want to be video taped for anything they were doing wrong.
If you noticed the perp was in cuffs and being escorted to the car...no beatings or take downs or anything like that. And being that he was cuffed and escorted to the car, it was not a traffic stop any longer... it was a police crime scene, and police have the right and the NEED to control an arrest scene. Whether it be a DUI or anything else.
I'm sure none of you that chimed in with the "police overstep their boundaries" of the "police are on a power trip" have never had a beer bottle thrown at the back of your head from what seamed like an innocent by stander - whether it be a lady on her lawn or even a 12 year old on a side walk.
The officer calmly and polity (at first) asked her several times to leave the arrest scene and go back into her house. And yes the police do have the right to arrest someone for not obeying a police order at a crime scene. The officer never said "stop taping us", he expessed a legimate concern that he did not feel comfartable with her behind the officers at the scene. All she needed to do was to comply with a perfectly legimate order from a police officer and all would have been fine.
I certainly agree there are a number of cases that police officers overstep their boundaries, but this was clearly not one.
Don't be so quick to jump to the conclusion that all the actions police take are because of some sort of power trip. The majority of the time we are just doing our best to protect you - the public, and yes are own safety happens to be a concern also.
June 26, 2011 12:55 AM PDT
Sorry folks, the lady moved from the sidewalk, as far as I see it "public property" but once on her ground that taxes are paid on.... Use GOOD judgement. They would take me to jail daily if someone (cop, judge or president of US) told me what I could or couldn't do on my property... That is the problem anymore to many bow down.
June 26, 2011 4:17 AM PDT
Good post, it does raise all sorts of questions for me,I wont elaborate.. I feel like each side's argument has merit,yet we always must be carefull how we present our viewpoints on these issue's,.. name calling,bullying or outrite nonsensical rebuttals are pointless n only make the person stating them irelevant.Besides the real point is finding whats the real truth about a given situation,knowing the general media I often question how much of the story is really being factual,and other parts playing to the crowd...in my personal opinion every citizen has the right and duty to act against unlawfull behaviour even if it is perpetrated by people in uniform,questioning authority is a positive thing when done in the right manner.
just my .02 worth
stay safe n enjoy the ride !
June 26, 2011 11:40 AM PDT
I honestly am very pleased with how this topic was answered. Disagreements did not become irrational and common sense reigned. One reason I love this Site we call CycleFish.
June 26, 2011 2:06 PM PDT
I'm just a little on the fence on this one. While I strongly agree with our constitutional rights, they ARE open to interpretation on an issue such as this. The police officer was in HIS rights, to not "feel comfortable" with the women behind him. She's a distraction, at the very least. And when a police officer is investigating a (possible) crime, he does not need to be distracted, PERIOD. He was polite when he asked her to go into her home. She was adamant that she wasn't doing anything wrong. Common sense, says let the man do his job. She said the man being arrested was a "friend" of hers. She was looking for trouble, and quite frankly, she found it. I have no love for most cops, however, I will always do as they ask. There may come a day, when I want that same police officer to help me out with something, and I wouldn't want him to remember me, as a troublemaker. Just sayin
Ride Free
Tweek
June 27, 2011 3:50 AM PDT
Good point UncleCharlie, but could he not have explained it to her in that way? If he had done that on tape, it would have been a none issue at that point in my book. However, I count three officers at the vehicle. One lady video taping. Still feel it could have been handled differentlt, that's all. Could have saved a few tax dollars if one checked out the vehicle and one watched the gal filming until the suspect was placed in the patrol car and the third officer returned to the vehicle.
June 27, 2011 9:17 AM PDT
My two cents as a working traffic cop I dont like people behind me while conducting a traffic stop I conduct about thirty stops a day and many times the driver will pull into the driveway of someone not involved putting the owner of the.property directly in the incident scene. Most patrol vehicles are equipped with video cameras so being video taped is a no brainer everything we do is recorded and its a good thing we can use it as evidence. Its to bad the entire incident seems like it could have been avoided go inside the house leave the.camera recording and file a complaint with the patrolmans supervisor but I see both sides
June 27, 2011 1:08 PM PDT
I don't have any problem with LEO wanting to protect themselves. I just don't buy in this incident because of the LEO's own statements.
He first tells her it is not her right to film from the sidewalk. That is not true in NYS. He then tells her he doesn't feel safe with her standing behind him so he wants her to go in her house. The problem here is he is facing her and so, is another LEO. There is only one who isn't and she is not directly behind him he is to her right, searching the car.
Two LEO's are searching the car and only one is with the suspect. The LEO then says he feels she is being "anti-police". Exercising your rights is not anti-police. It may be unnecessary but, it is not anti-police.
He then says that due to what she said to him before she started taping, she needs to go in the house. She asked what did she say to offend him and he states that she is standing behind him while he's doing a traffic stop and she should go in the house.
It just seems to me the problem is the taping and not the fact she is standing on her lawn. Other neighbors are standing on their lawns and they were not arrested. The fact that the police report deviates from the video account is also a problem as well as the police departments unusually strict enforcement of parking rules at the rally for the arrested woman.
I sincerely believe that LEO's should be able to do their job without being impeded by bystanders but, NYS courts have ruled that video tapping police is not obstruction and I have seen instances where the police were obstructed by bystanders interfering to a far greater extent then anything that woman did and no one was arrested.
I do think that the LEO, at the very least, made a mountain out of a molehill and the taxpayers, courts and the woman involved will suffer unnecessary expenses and wasted time.
I guess we'll see what the court says when she goes to trial or doesn't.
June 27, 2011 8:37 PM PDT
I sense the lady was 'expecting' something to happen - thus her filming. It's the world we live in! Document it, so we have proof! Proof for what? What 'good' would she have experienced from filming? She had no business, no gain for herself nor anything positive from her behavior. IMO, she should of listened to the cops and deserved the consequences of her actions.
June 28, 2011 3:22 AM PDT
Anyone who feeds at the public trough should be scrutinized and held accountable, especially these badge-heavy doughnut munchers. Blind obedience belongs in the military, not in America. The primary obligation of every citizen is to question authority.
June 28, 2011 3:22 AM PDT
Anyone who feeds at the public trough should be scrutinized and held accountable, especially these badge-heavy doughnut munchers. Blind obedience belongs in the military, not in America. The primary obligation of every citizen is to question authority.
June 28, 2011 3:37 AM PDT
Has anyone here even got the real message that the police officer was conveying? WE as Americans HAVE no REAL rights even though the constitution of the United States of America say we do...
THe Woman was right and the Police officer wrong!
RandyJoe...Ride Strong...
June 28, 2011 8:29 AM PDT
So question fiddlemike so every one in the military is a mindless zombie and can't think for them selves? If you don't like it then get out of a country my family has for 3 generations have served to protect with pride.
June 28, 2011 8:32 AM PDT
I agree RandyJoe the cop was being an A$$HOLE, but I can understand about having people standing behind you some of us have that problem.
June 28, 2011 9:26 AM PDT
Well now, I think this was a power trip. she told the officer that she had nothing but a cam corder on her. she was in her night gown it looks like. WOW what a power trip this cop has. Dont get me wrong I have friends that are cops. I really think he just dident want to be taped. TO BAD, ITS OUR RIGHT TO KEEP AN EYE ON THE CROOKED ONES. If something would have happend, they would have taken the tape for there own use. You took on that job knowing the risk. Stop treating everyone as if they were out to get you. why do you think people video tape these things The cops have to remember that we have rights to. The law says we have the right to video tape the police.
June 28, 2011 3:10 PM PDT
I believe both parties here were wrong. First the officer for being heavy handed; but then again if the man who was being arrested had managed to slip his cuffs and grab the officers weapon. She could have been shot and killed. Once he had his perp subdued in the car he could have explained this to her at that time. Problem solved! The woman should have just backed up to her house and continued to film from there, did she not have a zoom button on her camera. She put her life in jeopardy because she didn't know how to use a video camera!! Maybe one day the Police in this country will lose their "we are at war" attitudes towards citizens of this country but I doubt it.