Arrested for taking a pic of a cop arresting someone else

[Twist_U_Up]

http://www.nbc10.com/news/9574663/detail.html

Apparently Philadelphia Police arrested Neftaly Cruz after he took a photo of them arresting a suspected drug dealer. One of Cruz's neighbors gave this recap.
""He opened up the gate and Neffy was coming down and he went up to Neffy, pulled him down, had Neffy on the car and was telling him, 'You should have just went in the house and minded your own business instead of trying to take pictures off your picture phone,'" said Gerrell Martin."

Our ability to photograph the police should be unquestioned. Without it things like the Rodney King incident might never see the light of day. If this occured as Cruz, his family, and neighbors allege, this is a clear abuse of police power and those resposible should be disciplined for this action.

Thanks to BoingBoing.net

[skipos]

1. Is that legal?

Getting arrested for taking a picture of an arrest?

[NYC Liberal]

2. I'm not sure

But I did it the other day, I don't think they saw me but nonetheless I didn't get any trouble.

[Greyhound]

5. They have, over the years, been given the power to arrest you for

anything, or even nothing. There is nothing illegal at all about it and, therefore, no charges will be brought, however now he has an arrest record that will be used against him for the rest of his life. Once you are in the system you never get out.

Welcome to the police state of amerika.:smoke:

[dorktv]

3. That smells like an expensive lawsuit.

[Igel]

4. Were any undercover? n/t

[RB TexLa]

6. He's lucky, in New Orleans you always just got an "opps, sorry"

after they pop you in the stomach, arm or whatever with that stick for taking a picture of them.

[Swamp Rat]

8. Doesn't stop us from photographing them.

A friend was beaten by police in front of a crowd, but the police were going to beat the rap until a lawyer presented the photographic evidence. I hope the cops get sent to Orleans Parish prison.

[RB TexLa]

10. I know, just saying it's a little hard to be outraged at someone getting

arrested for it when I consider the norm to be a swift wack in the head. Guess a little jaded from growing up in a third world country. But it's kept me alive.

[Swamp Rat]

12. You grew up in New Orleans too?

:D

[RB TexLa]

15. Spent time in all of Louisiana

up and down the river.

[Swamp Rat]

17. Laissez les bon temps rouler!

:hi: Got boudin? :D

... or my favorite food on Earth: :9



and somethin' to wash it down:

[Swamp Rat]

7. Well, American citizens can fight back by photographing EVERY ARREST they

see from now on. After all, it may actually help the arresting officers do their job in the long run, as long as what they were doing was legitimate in the first place.

The police are public servants. They are NOT the judge, jury, and U.S. Congress.

I hope the offending officers get fired and the victim sues them into poverty.

[Union Thug]

9. After witnessing some pretty rough treatment of an innocent man..

...who was never even brought in (the cops kept him in the back of the cruiser for about 20 minutes while they figured out how badly they had fucked up, and then released him), I never leave the house without a mini dv camera AND a digital still cam in my car

The only defense you have against cops is reality, and if reality isn't captured on film or pixels, then it is your word against theirs. Guess who the judge is going to believe.

[McCamy Taylor]

11. What they really wanted was the get the pics back. No charges will be

filed. However, I would take this to the papers and try to get the identity of the cops who arrested you for taking their pictures made public if possible. This will discourage this kind of crap in the future.

The newspapers should be interested in this story since it is pretty whacko. If the papers dont want it, try TV stations or even the national press. I think this is a first, person gets arrested for taking pics with cell phone. Since lots of people take cell phone pics they wil be interested too.

[pitohui]

13. i don't know how it can be unquestioned

why was he photographing the arrest of a drug dealer? how were the police to know he wouldn't give their photo to the drug dealer's associates? was the photographer tacitly trying to threaten police for doing their job?

on the other hand photographs and videos too can provide protection against police brutality, with rodney king as you point out the great example

there is an argument to be made for both sides

depends on the specifics of each case, i think

in this case, it seems obvious that this kid didn't mean to threaten anyone by taking the photo, he was just documenting an interesting happening in his neighborhood for his scrapbook, not sure how the police were supposed to know that tho without talking to him

i think i would have talked to the kid and then probably laughed it off but maybe we're only getting one side of the story

[RagingInMiami]

16. The law specifically states that it is legal to take photos of ...

law enforcement officers in the line of duty, as long as the photographer is not trespassing on private property. What the photographer's intent was has no bearing on the law. It is very clear cut.

http://www.krages.com/ThePhotographersRight.pdf

[pitohui]

18. ok sounds reasonable

from what i read it sounded like the kid was on his own property taking the photo? so he should be in the clear

i don't think a lawsuit would be very smart though, not if they plan to go on living in that town

cops are not lawyers and certainly they make mistakes, so the cops need to be better informed and the kid needs to get his cell phone back for sure

[RagingInMiami]

14. They have no grounds to arrest him

If he was standing on public property taking the photo.

But as photographer myself who has been arrested for taking photos of cops arresting people, and who is frequently threatened with arrest if I don't stop taking photos, I don't think cops are either aware of the law or maybe they just simply ignore it.

In this case, the guy said he was on his property when he took the photo, even though police denied that. However, they did not state where he was standing when he took the photo. If he was on the street or on the sidewalk, he still has the right to take the photo.

And if he was in his neighbor's yard, then I would imagine his neighbors would have to file a complaint before he could be arrested for trespassing.

Sounds to me like he was a good lawsuit on his hands.