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Thread: Gresham officer snatches cell phone from bystander during arrest

  1. #1
    Activist Member bwboley's Avatar
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    Gresham officer snatches cell phone from bystander during arrest

    Not oc but we do record
    A woman says she was recording video of an arrest on her cell phone in downtown Portland this week when a Gresham police officer approached her and tried to take away her phone
    http://www.koinlocal6.com/news/local...5YHPtNbPQ.cspx

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    My state lag is trying to protect cops even more regarding this subject matter

    General Assembly


    Raised Bill No. 237

    January Session, 2013


    LCO No. 1394


    *01394_______JUD*

    Referred to Committee on JUDICIARY


    Introduced by:


    (JUD)


    AN ACT CONCERNING THE RECORDING OF POLICE ACTIVITY BY THE PUBLIC.

    Be it enacted by the Senate and House of Representatives in General Assembly convened:

    Section 1. (NEW) (Effective October 1, 2013) (a) For the purposes of this section, "peace officer" has the meaning provided in section 53a-3 of the general statutes.

    (b) A peace officer who interferes with any person taking a photographic or digital still or video image of such peace officer or another peace officer acting in the performance of such peace officer's duties shall, subject to sections 5-141d, 7-465 and 29-8a of the general statutes, be liable to such person in an action at law, suit in equity or other proper proceeding for redress.

    (c) A peace officer shall not be liable under subsection (b) of this section if the peace officer had reasonable grounds to believe that the peace officer was interfering with the taking of such image in order to (1) lawfully enforce a criminal law of this state or a municipal ordinance, (2) protect the public safety, (3) preserve the integrity of a crime scene or criminal investigation, (4) safeguard the privacy interests of any person, including a victim of a crime, or (5) lawfully enforce court rules and policies of the Judicial Branch with respect to taking a photograph, videotaping or otherwise recording an image in facilities of the Judicial Branch.

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    (c)(4) about makes it worthless as a law.

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    Quote Originally Posted by Gunhobbit View Post
    (c)(4) about makes it worthless as a law.
    My thoughts exactly. However, I thought the entire super-section made it a useless law. When you have those exemptions worded in the way they are the entire law would become useless on its own. Why even introduce such idiotic legislation?
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Quote Originally Posted by KYGlockster View Post
    My thoughts exactly. However, I thought the entire super-section made it a useless law. When you have those exemptions worded in the way they are the entire law would become useless on its own. Why even introduce such idiotic legislation?
    Why introduce it?

    Because it seems to make it OK for LEOs to take your camera and not be held accountable.

    This law isn't a protection of the 1st Amend. but an infringement on it.

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    Activist Member bwboley's Avatar
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    From kptv.com
    The officer has the legal right to ask for the video because there's perishable evidence there, " said Lt. Claudio Grandjean with the Gresham Police Department.

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    Regular Member fjpro2a's Avatar
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    More than one using a video

    If, say, three people were using a video, could the LEO snatch all three?

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    Quote Originally Posted by bwboley View Post
    From kptv.com
    The officer has the legal right to ask for the video because there's perishable evidence there, " said Lt. Claudio Grandjean with the Gresham Police Department.
    He can ask all he wants. No authority to demand or seize unless the LEO has RS to believe that there is evidence of a crime on the video and that the 'owner' would destroy said evidence. In this case he did not even know that the woman was videoing, only that she was pointing her phone at them.

    In any case, he still needs to get a subpoena or search warrant - which requires PC.

    From what I saw on the video, there is no possible way that camera captured anything evidence.

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    Regular Member PFC HALE's Avatar
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    Gresham officer snatches cell phone from bystander during arrest

    bully with a badge...
    HOPE FOR THE BEST, EXPECT THE WORST, PREPARE FOR WAR

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    I had a cop demand my video camera ... he did not like my response and slithered away ...

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I had a cop demand my video camera ... he did not like my response and slithered away ...
    Did it have a four letter word having to do with self procreation?
    It is well that war is so terrible otherwise we would grow too fond of it.
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    Regular Member We-the-People's Avatar
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    JUST SAY NO

    The police are trying to expand an exception to the fourth amendments requirement for a warrant. An expansion that will not hold up in court as the exception is intended to allow confiscation of CONTRABAND and other evidence from persons who they have probable cause have committed a crime. I know of no NONE, ZERO ZILCH NADDA Supreme Court cases in which the court has upheld the warantless confiscation of property from a person who was not the criminal suspect.

    The Supreme Court constructed exceptions to the fourth's requirement to have a warrant are few (though more than they should be) and every one that I can think of has been constructed by the states OVERWHELMING interest as balanced against the interests of citizens to be secure against unreasonable searches and seizures. A main protion of that balancing act is whether society (i.e. THE PEOPLE) are willing to accept the state action as reasonable. I have a hard time believing that society accepts these camera confiscations as reasonable.

    Unfortunately, we're going to need a Supreme Court decision directly addressing the issue before the police stop their intimidation and violation.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
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    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Quote Originally Posted by WalkingWolf View Post
    Did it have a four letter word having to do with self procreation?
    Nope.

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