I was arrested for filming police tonight

So I heard a commotion outside, turns out SWAT was raiding my neighbors house again. Heard a flashbang then walked down to film it. I was there for a while, maybe 20 minutes with no problems. Then I started talking to a young woman who asked me if I had it on camera when they pointed guns at her infant.
A sgt approached and told me not to film and whatnot, and I actually turned the camera off, turned it around to show him, and THEN he arrested me for obstruction.
He noticed my smaller camera and assumed it was on, and then arrested me. The arrest isn't actually recorded, what let up to it up to the point I stopped recording is.

As they brought me over to the SWAT van he said something on the radio about "grabbed this guy... recording" and I'm fairly certain I heard back "stop him!." I'll find out for sure when I get the PRA records. But if that was what was said, that steps it up to another level.
I also found out that they had gone around and threatened a number of other people with arrest if they recorded.

I was handcuffed and told "you are under arrest for obstruction, and taken to hang out with the other gentlemen who were in the house for a while. It may have been around 30 minutes, but time is always screwy when you're in cuffs. I wasn't patted down until they were about to take the cuffs off; I'd taken my gun off right before I left my house as I didn't think it wise to bring.

As far as I know no one was taken to jail, even the guy they had the warrant for and they found what they were looking for.

As it stands right now, I am facing criminal charges of obstruction a law enforcement officer, and have court next week.

Here's two, they should show the jist of it.

http://www.youtube.com/watch?v=ykklc4HIlNw

http://www.youtube.com/watch?v=qRL_WSaMy_E



[Added: after asking around, I learned the warrant was to search for an item that netted the kid a 3rd Degree Possession of Stolen Property charge, a gross misdemeanor (the same as my charges). First Degree Trafficking in Stolen Property was added to the warrant, because he bought a laptop that turned out to be stolen. He was not there at the time. Unless I'm not looking at the court docs wrong, he's only facing misdemeanor charges, but they may have not been filed yet. Another family member with a CPL was handcuffed in the car for the duration and has the medical documentation about the loss of feeling in his hand because the cuffs were too tight. He was OCing when I talked to him today.]

Unless I'm mistaken filming while on public property of police is completely legal. Unless you actually did something to inhibit the process they had no cause to arrest you.

....Sent from hell....

Well, under Gilk, you can record the police but I don't know of any case that allows you to double record them

Your charge is BS if all you were doing was taping them...

You told them that you tape for their benefit, right? That's what the guberment tells us when they tape us...

What was with the guy next door? Drugs I assume. (don't say he breeds dogs .... don't tell me that ahhhhhh!)

I has low-life neighbors like that once ... they moved away oddly enough and I never had to call the cops. We came to an understanding ... they moved away and I would not have to come back over there and discuss the issue further.

I'm not worried about the charges, just frustrated and wondering if I should sue, since this type of thing seems to be escalating.

All the material in the case law database and LE Digest regarding recording officers stems around damages for when LEOs arrest recorders.

I know I CAN sue, but not sure if I should.


LEO DIGEST DEC 04
"RCW 9.73, the “Privacy Act” governing the interception and recording of private
conversations and communications, does not define “private conversation” for purposes of
the Act’s general prohibition on single-party-consent taping of private conversations.
However, several decisions have held that that a citizen does not violate the statute if the
citizen tapes the officer’s spoken words or radio communications where the contact occurs
in a public place. State v. Flora, 68 Wn. App. 802 (Div. I, 1992) July ’93 LED:17; Alford v.
Haner, 333 F.3d 972 (9
th
Cir. 2003) Sept. ’03 LED:06 (Civil rights lawsuit for unlawful
arrest); Johnson v. City of Sequim, 382 F.3d 944 (9
th
Cir. 2004) Oct. ’04 LED:22; Dec. ’04
LED:14 (Civil rights lawsuit for unlawful arrest)."


LED DEC 2004, p16:
"No “qualified immunity” for the arresting officer The Johnson majority opinion also holds that the Flora Court’s interpretation of chapter 9.73
RCW was “clearly established” when the officer arrested Johnson. Therefore, the Johnson Court holds, the officer is not entitled to defend against personal liability under the federal Civil Rights Act on the “qualified immunity” ground that a reasonable officer would not have known of
the controlling law at the time of the arrest. "

"...Under
City of Canton v. Harris
, 489 U.S. 378 (1989), the Department's failure to
train its officers about the Privacy Act may amount to "deliberate indifference"
toward unlawful arrests under its provisions. As the Supreme Court has
explained:... " ibid

Its not worth a suit IMHO if they drop all charges, but if they pursue the case than I would.


Just an over zealous cop

....Sent from hell....

Assuming there isn't something more you are not divulging, the charge is certainly bogus. I've filmed police many times and not had that problem, so I empathize with you. I'd like to see what the report says as their reason for arresting. Imnsho (and case law - fwiw, recording the police has been established per judicial review as a first amendment right), it's case worthy of pursuing against them.

Where were you standing? Unless where you were standing interfered with their execution of the warrant, it's a bogus arrest and it pisses me off.

And this case has NOTHING to do with the privacy act, so don't worry about that. The privacy act protects private conversation from being recorded without all parties to that conversation giving consent (and./or in some case law, knowing they are being recorded and continuing to spout can constitute consent).

There is ample case law that cops engaging in a warrant are not engagin in a "private conversation"

the most recent case law I just read on that law says that I can record an interview I am in with a public defender investigator WITHOUT advising them, because it's not a private conversation

fwiw, I do ALWAYS record them (I had one a month or two ago for a Manslaughter investigation) and I DO tell them I doing so - as a courtesy. I am not required to

The report, once the investigation is completed will be public record. I'd love to read it

We have a duty to train our cameras on cops. It's part of open govt, keeping cops honest, and it helps bring bad cops to justice, get redress for bad cop action, and helps to protect good cops who do the right thing.

Fwiw, some SWAT teams themselves record their warrants for exactly that purpose - CYA

post those vids here http://photographyisnotacrime.com/ Carlos Miller is an asset. Contact him be sure to read his Ten Rules for Recording Cops and other Authority Figures. Sue em, only way they will learn.

Wow, the cop in the 2nd video is a complete idiot. He keeps insisting it's against the law to record him without his permission despite him standing in a public street! He also specifically states that he will be arresting you merely for recording, not for anything else. This guy has cooked his own goose. Sue the hell out of them.

http://www.dmlp.org/legal-guide/recording-police-officers-and-public-officials

See this

I suggest getting ahold of "rapgood" (rob apgood) here on OCDO, this is the kind of thing he does for a living as a 2A lawyer in Seattle.

Sue the department. Unless they have to cough up cash, the officers will never be reprimanded for their unlawful treatment of you.

Sorry to hear you are going to have to go through the hasssles, but the circus of trying to show how your filming hindered, delayed or obstructed the police from raiding your neighbor's house (again?? :uhoh ought to be quite entertaining for those of us not so personally involved.

Seems to me they were doing quite well in spite of you until the camera-shy guy left his assigned post and duties to come over and hassle you. (There is a hint buried in there. Can you find it?)

stay safe.

http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.76.020

RCW 9A.76.020

Obstructing a law enforcement officer.
(1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

(2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

(3) Obstructing a law enforcement officer is a gross misdemeanor.
[2001 c 308 § 3. Prior: 1995 c 285 § 33; 1994 c 196 § 1; 1975 1st ex.s. c 260 § 9A.76.020.]

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Should you sue them?

YES.

They violated your rights, whether they pursue the charges or drop them, and you deserve compensation. Moreover, everyone that they violate after you will also deserve compensation, and I can only imagine that your case might have at least some effect on future cases and police conduct.

509rifas said:

I know I CAN sue, but not sure if I should.

Click to expand...

Were you armed? Probably not. Should you fill out a "complaint form"? Yes, right away. Should you bring suit? Do you believe that they will "fix" this on their own?

Were you actually arrested and jailed or did you merely get cited for obstruction.

This will still have to go before the Prosecutor and he gets to make the decision on actual charges.

Call an attorney. Chances are this could all be handled by a phone call by him.


Of course you could always file a civil suit. Doesn't everyone do that today???

Wow!

Sue them unfortunately prosecutors rarely prosecute cops, what they did is criminal.

Curious as to why you would stop recording? They have no authority to stop you.

....state law is very clear....

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Yes it is, just not in the cop's favor.

Sue. Not to do so would be a disservice to the rest of Washington.

That cop was dead wrong in his info of the LAW to you. Regardless contact should be made and this officer, as well as every other ofc. in that department needs to be re-trained law.

"Please don't record me, or I'll arrest you."

Oh, ho, ho, ho, ho. Coercion to get the videographer to stop exercising his 1A right.

There is no way police don't know its legal and protected to record them. Its been in the press for two years.

Sue.

... Agree ...

I am with everyone else here. Unless you teach them a lesson vie their pocket book, then they will continue. They are public servants and need to be reminded of their role and place as such. The police state mentality of accepting this condition is beyond me.
- I would sue (monetary), demand serious training, and include public apology.