Some Police Officers Believe We're Living In A Police State
And act that way, too. Detroit cops wrestle the phone away from a Detroit Free Press journalist filming their arrest of a suspect and then arrest her, too. Jim Schaefer and Gina Damron write for the Freep:
Detroit police and the department's internal affairs officers have launched investigations following the arrest of a Free Press photographer who was filming a police action on a public street last week.Police said they are looking into the conduct of photographer Mandi Wright and the actions of an officer who ordered her to stop filming and wrestled her phone away from her. They also are looking into the disappearance of a memory card from her newspaper-issued iPhone and whether she was briefly left alone with the crime suspect whom she had been filming.
Details about that at the link. More from the piece:
Later, police returned the phone, but the SIM card had been removed. Still, the video remained on the phone's internal memory. After the discovery that the card was missing, internal affairs officers were summoned to interview Wright and Gray.Tolbert arrived after the interviews with internal affairs, and he was apologetic to Free Press editors who had gone to the precinct. He said police were embarrassed. Wright was released around 11 p.m.
Tolbert said Monday he expects a department-wide directive will go out soon to remind officers they cannot prevent anyone from videotaping them in public.
Paul Anger, editor and publisher of the Free Press, said the situation should not have escalated as it did.
"First, our photographer was doing what any journalist -- or any citizen -- has a right to do in a public place," he said. "All she knew was that someone had grabbed her and her phone. We understand the difficult job that police officers do, and we understand how tensions can rise. Yet some of the police actions all through this incident need scrutiny -- not the actions of our photographer."
Hershel Fink, Free Press legal counsel, said courts in the U.S. have consistently agreed that "citizens, much less the press, have a right to photograph police officers in public places. The video shows she did not interfere with the police action and the officer had no right to order her to stop filming and to confiscate her camera."
What's happening now is that there's evidence of police misconduct -- in this case, unconstitutionally stopping a citizen from videotaping police in a public place (not only our right but important to do to keep policing fair and constitutional) and the unreasonable seizure of this woman's property.
Think of all the misconduct that has gone on and that goes on that is not videotaped. Think of the cases that don't have a news organization behind them and a very, very good First Amendment attorney.
On a kind of cute side note, I heard Herschel P. Fink, the Freep's attorney, talk about his Dr. Dre First Amendment case at the alt weeklies conference in Detroit last year, and went up afterward to talk to him. I'd thought he looked familiar but brushed the thought aside. Well, he remembered me -- from University of Michigan family camp, Michigania, from when I was 8! (My parents used to go there with us every year. It's nerdcamp for parents -- lectures from professors in the evenings -- and there's horseback riding, archery, a shooting range, canoeing, and other events for kids.)
via Jay J. Hector







We no longer have a Constitutional government that will follow the rules.
The FISA courts overrule SCOTUS, the president overrides laws passed by congress. And congress doesn't enforce either.
Jim P. at July 17, 2013 8:41 PM
This will be a topic for the Electronic Frontiers Foundation at DragonCon, again this year.
The only swift solution is to film a stream, such that the footage does not stay on the device in your hand.
Radwaste at July 17, 2013 8:43 PM
We need a constitution oriented PAC. Is there one out there? Organization is the key.
Matt at July 17, 2013 10:20 PM
Here is a real civil rights case for Eric Holder, instead of the persecution of Zimmerman. We should all forward this to Holder's tip line that he set up to investigate Zimmerman.
Bill O Rights at July 18, 2013 1:52 AM
Holder won't care unless the photog was one of "his people."
dee nile at July 18, 2013 3:28 AM
I can imagine a young Miss Alkon at the archery range at U of M Family Camp back in the 70s, making rude people really, really nervous...
Old RPM Daddy (OldRPMDaddy at GMail dot com) at July 18, 2013 4:23 AM
We need a constitution oriented PAC. Is there one out there? Organization is the key.
Yes, but their petition for 501(c)(4) status has been held up and will be investigated for many years.
I R A Darth Aggie at July 18, 2013 6:48 AM
Well Mark Levin has been advertising the his upcoming book The Liberty Amendments: Restoring the American Republic has eleven suggested amendments.
He also wants the state governments to pass them. Screw the fed.
I'm thinking I'm going to get a copy and see his thinking.
Jim P. at July 18, 2013 9:04 AM
Jim, that sort of goes with my thinking too. The only way out of this is the governmental nuclear option: a Constitutional convention. The states can call it, run it, and vote on the resulting amendments and there's not a damn thing the federal government can (legally) do about it. The 64K question is how such a convention will be run such that it produces a reasonably rational outcome. Because it probably only gets one chance.
Cousin Dave at July 18, 2013 10:35 AM
"a Constitutional convention."
What makes anyone think that the representatives (delegates) that the States would send to a Constitutional Convention would be any more interested in Freedom than the representatives (House and Senate) that the States send to Congress?
Considering who gets sent to _Washington_ every two, four, or six years, the idea of a Constitutional Convention scares the
David L. Burkhead at July 18, 2013 11:30 AM
Because they are generally picked by a combination of the state's governor and the state house.
And they are pretty much given marching orders. Right now many of the states, even the blue ones, are hurting too.
Jim P. at July 18, 2013 2:23 PM
As Jim says, it's quite possible that delegates can be sent to the convention with orders to address certain issues and vote certain positions. And besides, we're running out of alternatives. Non-violent ones, anyway.
Cousin Dave at July 19, 2013 6:12 AM
All police officers should wear Go-Pro cameras at all times, with the raw footage being available on the web.
Farmer Joe at July 19, 2013 12:32 PM
The Detroit police got to the scene in time to arrest someone?
Some stories have a whiff of the implausible about them
Jeff Guinn at July 20, 2013 6:30 PM
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