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Man arrested for video taping the police inside own home.

O

OnlineErie.com

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ERIE, PA., Pennsylvania, USA
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He was arrested, BUT it does not appear it was for video taping the officers. If it was, the officers would have made certain the video was turned off.

Who knows why the subject was arrested?



Dave Martin

Pa. DOC
 
F

FogRider

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OnlineErie.com wrote:
He was arrested, BUT it does not appear it was for video taping the officers. If it was, the officers would have made certain the video was turned off.

Who knows why the subject was arrested?



Dave Martin

Pa. DOC
Click to expand...
Indeed. Interesting how the part before the police tell him to stop taping seems to be missing. If I had to guess I would say he was arrested for whatever reason the police were there in the first place, and the camera wasn't improving their mood. If I was an officer I don't think I would like the homeowner taping me doing my job. Not because I was doing anything wrong, but because you never know what the guy is going to do with the tape. He might cut out the parts where he was doing something illegal, harassing/assulting me, then post only the part where I arrested him, thus making ME look like the asshole.
 
Venator

Venator

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OnlineErie.com wrote:
He was arrested, BUT it does not appear it was for video taping the officers. If it was, the officers would have made certain the video was turned off.

Who knows why the subject was arrested?



Dave Martin

Pa. DOC
Click to expand...
The charges were dropped, I don't know what the charge was. But if I can tape the babysitter taking care of my kids in my home, by God I should be able to tape the police in my house or on the street. LEO's are public servants and do not have an expectation ofprivacy when they are on the job. God help us when we can no longer tape the police and there actions. I'm a public servant in the environmental field and our staff is often taped by the public as well as the media. I'm glad they are allowed to do it, It makes us perform our duties better and I'm glad they have the freedom to do it.
 
M

MattW

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OnlineErie.com wrote:
He was arrested, BUT it does not appear it was for video taping the officers. If it was, the officers would have made certain the video was turned off.

Who knows why the subject was arrested?



Dave Martin

Pa. DOC
Click to expand...
Can you not hear the officer saying why?

"for resisting law enforcement"
 
O

OnlineErie.com

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Can you not hear the officer saying why?

"for resisting law enforcement"



Everyone knows you can't be arrested for resisting an illegal arrest!(he said sarcastically)



Dave Martin

Pa. DOC
 
L

Liko81

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Dallas, TX, ,
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OnlineErie.com wrote:
Can you not hear the officer saying why?

"for resisting law enforcement"



Everyone knows you can't be arrested for resisting an illegal arrest!



Dave Martin

Pa. DOC
Click to expand...

Really?

Texas Penal Code, Chapter 38:
§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or
obstructs a person he knows is a peace officer or a person acting in
a peace officer's presence and at his direction from effecting an
arrest, search, or transportation of the actor or another by using
force against the peace officer or another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.
Click to expand...
If a police officer decides you're going to jail, there is not much to be gained from arguing the point at that moment. Now, I do not see any use of force, and therefore the arrest for resisting a search is unfounded. However, the camera was turned on about three quarters of the way through the conversation, and any number of things could have been said or done that totally justify the officers' being in the house without a warrant. The guy was obviously on something, either alcohol or weed, and the instant they smell weed they have probable cause to search your home for same. There was a child in the first few frames; a child abuse call plus a drunk guy answering the door is probable cause.
 
H

HungSquirrel

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Mobile, Alabama, USA
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In Alabama, there is a state Supreme Court case which states a citizen only has to submit to a lawful arrest. It's actually cited in a case involving open carry, which is the only reason I know that.

Brown v. State
It is not the duty of the citizen to submit to any other than a lawful arrest.
Click to expand...

And in Michigan, Drennan v. The People:
The duty of submission to a lawful arrest is found in the law, side by side with the right of resistance to an unlawful one; and it is quite as important that no one should be unlawfully taken, as that every one lawfully accused should be made to answer.
Click to expand...

Man, why can't courts be this civil libertarian today? :?
 
M

MattW

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Liko81 wrote:
OnlineErie.com wrote:
Can you not hear the officer saying why?

"for resisting law enforcement"



Everyone knows you can't be arrested for resisting an illegal arrest!



Dave Martin

Pa. DOC
Click to expand...

Really?

Texas Penal Code, Chapter 38:
§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or
obstructs a person he knows is a peace officer or a person acting in
a peace officer's presence and at his direction from effecting an
arrest, search, or transportation of the actor or another by using
force against the peace officer or another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.
Click to expand...
If a police officer decides you're going to jail, there is not much to be gained from arguing the point at that moment. Now, I do not see any use of force, and therefore the arrest for resisting a search is unfounded. However, the camera was turned on about three quarters of the way through the conversation, and any number of things could have been said or done that totally justify the officers' being in the house without a warrant. The guy was obviously on something, either alcohol or weed, and the instant they smell weed they have probable cause to search your home for same. There was a child in the first few frames; a child abuse call plus a drunk guy answering the door is probable cause.
Click to expand...
Then why would he be arrested for resisting? You clearly see the cops in the other room, if they found something, they'd arrest him for that. They saw him with a camera, walked over to him, and arrested him for resisting.
 
Venator

Venator

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Check out what this officer states about 45 seconds into the tape. Trying to intimidate college students is fun and easy. See also some of the additional footage on the follow up at this event under the same topic. "Santa Monica police" As far as I know no arrests where made, but the treat was there.Type in a search for:tapping police or video tapping police. There are several videos on the subject.



http://www.youtube.com/watch?v=xFH0M6LpbPc
 
dougwg

dougwg

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Nov 29, 2007
Messages
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MOC Charter Member Westland, Michigan, USA
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Venator wrote:
Check out what this officer states about 45 seconds into the tape. Trying to intimidate college students is fun and easy. See also some of the additional footage on the follow up at this event under the same topic. "Santa Monica police" As far as I know no arrests where made, but the treat was there.Type in a search for:tapping police or video tapping police. There are several videos on the subject.



http://www.youtube.com/watch?v=xFH0M6LpbPc
Click to expand...

Thats nothing.... check this one out.

http://www.youtube.com/watch?v=n-8mpZIT5Uk
 
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