Vmann wrote in post #17007492
He escalates the situation instead of just offering simple information that he detains to just make things worse. You have rights but police have millions of laws on the books that they can press as well. Get arrested jack ass and they will find something to arrest you for, then they will send the statement to the prosecuting attorney within a 24 hour time period and he will probably not take the case... but you just sat for hours in jail, to only be let go. Its great to know your rights better to know when to use the.
All could have been avoided had he just showed some ID and been on his way... Don't tell me he doesn't cause common respectful citizens dont refuse as they feel safer in knowing that police are trying to protect them. For taking his camera, depending on how they pursued this they could view him as failing to identify as a witness and arrest him if that is Texas law and then you do lose your camera as evidence until dismissed or court. Stating a name and year doesn't do much for you if it can't be crossed checked.
The arrest you describe would also be illegal and a violation of a person's rights. Also, it would open up the department/officer to legal action as this has been in the courts several times, the cops have a hard time justifying the arrest when they have these situations. Federal law states that they can't seize property (your camera) as evidence if you are not arrested, they don't have a warrent, or their are not exigent circumstances (almost always defined as a national security threat or the expectation you will destroy the evidence). There was no implication in this video that the videographer was or that the cop thought him to be a witness to this crime. Why should I allow a cop to infringe on my rights only because doing so might cause him to retaliate or infringe on them more?
DarenM wrote in post #17007589
ok..one more time and then i am done. The photographer was aggravating the situation when he continued to film with the camera in the police officer's face and on the ruse of being polite gave his name and date of birth but refused any other info on the premise "that he was not required to give that information". How does the police officer know that he is who he says he is with out seeing identification? Just another liberal trying to prove that he is right rather than cooperating with a law enforcement officer. That is it, I am done.
Assuming you will continue to read this thread. The officer has NO right or law that allows him to know with certainty who every person they encounter is on a daily basis. No law allows him to demand to see ID if the person is not detained for the commission of a traffic offense. This person wasn't driving and thus did not even need to possess any identification. It is important for us to stand up for our rights otherwise they will no longer exist.
I agree, this kind of encounter should never have happened, except I blame the one who actually violated the law - the cop - the same one you keep saying is supposed to protect us from those who break the law is the one who broke it. Who is supposed to protect us from the cops who refuse to follow the law.
I will not be so bold as to compare this to specific causes, but this is not the first time that people have acted in a way where they new is likely to cause an interaction with police simply to call attention to the fact that what they were doing was legal.