Motorcyclist Arrested For...Having A Helmet Camera
Be very afraid. I read daily accounts of police misconduct -- arresting people without the slightest bit of probable cause, like in this case. A biker was driving under the speed limit and a cop, Dallas Deputy Sheriff James Westbrook, stops him to seize his camera for the footage, and then...arrests him for having a concealed license plate.
Remember that you or I can be next. Here's the transcript from News8:
Dallas Deputy Sheriff James Westbrook ended up turning the video over to the department's gang unit, even though there is nothing in the video indicating Chris Moore was affiliated with a gang.The incident took place on Memorial Day Weekend as Moore was riding with a pack of at least 50 other bikers. Deputies were hoping to prevent a repeat of the previous Memorial Day Weekend when more than 100 bikers ended up shutting down the freeway.
So Westbrook singled out the one biker wearing a video head-cam - who also happened to be driving below the speed limit.
Here is the exchange that took place:
MOORE: "Was I doing something wrong? What am I being pulled over for?"
WESTBROOK: "The whole group of you guys."
MOORE: "No. I was not, individually. How can you pull me over?"
WESTBROOK: "The reason you're being pulled over is because I'm gonna take your camera and we're gonna use it as evidence of the crimes that have been committed by other bikers."
MOORE: "I have not committed any crimes, and you cannot take my personal property from me, sir."
WESTBOOK: "That's fine. Need to see your license and registration."
Westbrook then announced that he was arresting Moore for having an obstructed license plate, which usually amounts to a citation.
WESTBROOK: "You're under arrest for your license plate being obstructed. Place your hands."
MOORE: "Are you kidding me, dude?"
WESTBROOK: "Place your hands behind your back."
As Moore continued to protest, the deputy lost his patience.
MOORE: "Why'd you pull me over in the first place?"
WESTBROOK: "Have a seat, okay?"
MOORE: "Sir. Sir. What you did to me was not right. You know it."
WESTBROOK: "I'm going to ask you one more time to have a seat."
MOORE: "That's f'ed up. Where's my bike going?"
WESTBROOK: "Sit down.I'm telling you to chill out."
Again, none of us should be "chill" with the constant violation of our rights these days.
via @CarlosMiller
Hey, what do you think this is, a free country or something?
dee nile at June 20, 2012 9:57 AM
They need to start making digital cameras that without automagically upload to a server
nonegiven at June 20, 2012 10:44 AM
In my defense, Chrome cuts off part of the text box.
nonegiven at June 20, 2012 10:48 AM
It's doubtful that cop will even lose his job.
Kristen at June 20, 2012 10:56 AM
Do Texas cops have swastikas on their uniforms?
Savant Idiot at June 20, 2012 11:51 AM
Out.
Of.
Control.
It's almost like there's been a signal from much higher up the food chain that the Constitution is just a decorative old document that can be ignored, especially if you're from the government.
AMartel at June 20, 2012 2:53 PM
They need to start making digital cameras that without automagically upload to a server
I have an Android powered fondleslab. It has Dropbox installed on it, and any picture or video I take with it is backed up to Dropbox with no further intervention on my part.
Go ahead and take my phone (ok, actually that would piss me off, but work with me here). I still have the information, and that's the important part.
Steve Daniels at June 20, 2012 5:10 PM
Found the raw video: It's here.
This guy has an easy Fourth and Fifth amendment false arrest case. You can see how they got him on the concealed plate (he bends down to pick up keys and you can see the plate bent upwards) in the video. But the cop admits that he was stopping him because he saw the video cam, and was going to seize the video without a specific and articulable facts of a crime being committed (ref: Terry Stop) to prove a crime might have been committed.
This would be like you having webcams around your property that record constantly. The cops come in and seize your computer because you may have pulled out in traffic without using your turn signal, or because you have a bottle of Crown Royal and a teenager in the house.
Basically, without an imminent danger or imminent destruction declaration, LEO has to get a search warrant. Even with a declaration, they have to have probable cause that would satisfy a judge to issue a search warrant.
This does not satisfy any of it. The cop did not even articulate a valid reason to suspect Moore of minor misdemeanor. This violates the Terry Stop rules.
I hope Moore files a false imprisonment charge. I'm sure he could find a young, hungry constitutional lawyer to handle the case pro bono.
Jim P. at June 20, 2012 7:37 PM
This makes me so sad. I have had to deal with Police Officers a time or 2, and have always found them to be very professional during a very stressful time. Honestly, how do those officers stand working side by side with thugs like this? Can't they do anything about the abuse? Or are they truly afraid of being the ones punished for whistle-blowing?
For all the cops shows ranting and raving about Internal Affairs, you would think that a cop that sneezes funny would be under a microscope in 3.2 seconds flat, but here we are with yet another story like this.... Yeah, I know, TV vs Real Life, but still, it makes one wonder wtf an actual IA investigation looks like.
I once had a friend with an expense acct. He could charge meals and entertainment as long as he discussed business, so, at some point during the evening he would turn to one of us and say "Copper tubing?". We would reply, "Not right now, thanks." and he would get reimbursed for everything. So in my mind I see the cop and the IA officer sitting down over a steak dinner, IA says "Did you?". Cop says "Nope." and that's that.
Kat at June 20, 2012 9:19 PM
I'm in a cheap motel room in Southern Oregon, and I'm reminded that there's a reason that I promised myself that I'd never rent a cheap motel room ever again.
I once had a friend with an expense acct. He could charge meals and entertainment as long as he discussed business, so, at some point during the evening he would turn to one of us and say "Copper tubing?". We would reply, "Not right now, thanks."
I had a love interest do this to me once in New York City. She was a singer, and asked me over dinner (she was paying for this one. I bought plane tickets and boarded my pet) "So, can you think of any occasion you might have where you'd like me to sing?"
And I said, "Well, sure. I guess."
"Good. We've discussed my business, and now I can write this dinner off on my taxes."
The relationship didn't last, and looking back, I'd say it died right there.
We carried on for a bit afterwards, but the love interest died at that moment.
Steve Daniels at June 20, 2012 10:14 PM
The relationship didn't last, and looking back, I'd say it died right there.
Yeah, realizing someone is a weasel really puts a damper on things :(
Kat at June 20, 2012 10:33 PM
"Honestly, how do those officers stand working side by side with thugs like this?"
One word: union.
Cousin Dave at June 21, 2012 7:12 AM
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