Arrested for photographing in Henrico

peter nap · Jul 13, 2015

There has been some discussion about if this is proper here or not. I'm going to post it and Grapeshot knows well I won't object if he nukes it.
The man involved, ill just call him Kyle for now, is an OCer and was carrying when I talked to him the first time.
He had wisely left his gun in the car when he photographed the FBI building, legally from Parham road.
He did not show ID or even speak with police so they arrested him for obstruction of justice. His first court appearance was this morning.

This is a very good video of what happened:

[video=youtube;UcizZEqIErE]https://www.youtube.com/watch?v=UcizZEqIErE[/video]

WalkingWolf · Jul 13, 2015

Ka-ching!

BB62 · Jul 13, 2015

I'm not a fan of a number of PINAC things, but...

http://photographyisnotacrime.com/2...lding-despite-2010-settlement-that-allows-it/

Alabama Man Arrested for Recording Federal Building Despite 2010 Settlement That Allows It

Grapeshot · Jul 13, 2015

Is it possible that this represents Henrico PDs method of law enforcement?

peter nap · Jul 13, 2015

Grapeshot said:
Is it possible that this represents Henrico PDs method of law enforcement?

Given their history, I'd give it a definate. I'm starting to see the real problem in this country though, and the police are just a symptom.
People other places are making excuses for this misconduct. It's OK because taking pictures could put us in danger.
Demanding ID is ok because it keeps us safe...on and on.

Homeland Security was sued in 2010 and entered into a consent decree because of photography.
One of the officers involved told the photographer this:

You know, I’ll just submit your name to T.L.O. [terrorism liaison officer]. Every time your driver’s license gets scanned, every time you take a plane, any time you go on any type of public transit system where they look at your identification, you’re going to be stopped. You will be detained. You’ll be searched. You will be on the F.B.I.’s hit list. Is that what you want? . . . Every time you move, you will be stopped and detained and searched. And delayed.”
— Alleged statement of Deputy Richard Gylfie to Plaintiff Shawn Nee as he was photographing subway turnstiles (source).

Welcome to an era of sheep.

OC for ME · Jul 13, 2015

The case appears to have been settled last year, but the settlement only approved by the LA Board of Supervisors — and thus announced by the ACLU — last week. It binds the County to pay the plaintiffs a collective $50,000 “in damages for physical injury and emotional distress” as well as $340,000 in legal fees and costs.

http://hyperallergic.com/189808/la-county-agrees-to-pay-photographers-50k-for-harassment/

It seems that I am not able to determine if Henrico leads or that LASD leads on this egregiously unprofessional and uncalled for behavior.

Settlement...:banghead:

carracer · Jul 13, 2015

Results of the hearing?

peter nap · Jul 13, 2015

carracer said:
Results of the hearing?

It was just to determine if he had a lawyer, he does.
Believe it or not, it appears the commonwealth intends to go forward.
She didn't want to look at the video.
Macon county has nothing on Henrico.

ProShooter · Jul 13, 2015

That officer has some pretty *****y situational awareness.

Snake6 · Jul 13, 2015

Hi OP here. Thanks Peter for sharing this.

I have been a long time lurker here, just have never posted because I have had nothing but good experiences OCing in VA.

I am a staunch libertarian, and a (part time) activist.

I have a lawyer who is doing the criminal case pro bono for me. If this even gets to general district court I would be floored, but if the CA wants to play hard ball I am all for it.

Anyways, if you have any questions feel free to ask. I am also planning to attend the OC dinner tomorrow night(unless work gets in the way).

twoskinsonemanns · Jul 13, 2015

It's clear that the photographer loves ISIS and probably burns american flags.
Big thumbs up to the brave heroes that saved us from him.
On a serious note, although this specific incident does not involve OC, if the victim asks for financial assistance I hope you'll relay that here.

peter nap · Jul 13, 2015

twoskinsonemanns said:
It's clear that the photographer loves ISIS and probably burns american flags.
Big thumbs up to the brave heroes that saved us from him.
On a serious note, although this specific incident does not involve OC, if the victim asks for financial assistance I hope you'll relay that here.

I did think it was relevant here for a couple of reasons. First, he is an ocer and wisely left it in the car while filming.
Second and more important, we often refuse to show ID and refusing to answer questions is common for OC.
Snake may need funding at some point but right now he appears to be OK.

Welcome to the site Snake. I'll be following this closely.

Grapeshot · Jul 13, 2015

Snake6 said:
Hi OP here. Thanks Peter for sharing this.

I have been a long time lurker here, just have never posted because I have had nothing but good experiences OCing in VA.

I am a staunch libertarian, and a (part time) activist.

I have a lawyer who is doing the criminal case pro bono for me. If this even gets to general district court I would be floored, but if the CA wants to play hard ball I am all for it.

Anyways, if you have any questions feel free to ask. I am also planning to attend the OC dinner tomorrow night(unless work gets in the way).

We post the good along with the not so good.

Will look forward to meeting you at Nick's.

peter nap · Jul 13, 2015

ProShooter said:
That officer has some pretty *****y situational awareness.

Sure does Jim. That's a great way to handle a dangerous terrorist suspect. Lol. It's obvious he was concerned for his safety.

Citizen · Jul 13, 2015

Snake6 said:
Hi OP here. Thanks Peter for sharing this.

I have been a long time lurker here, just have never posted because I have had nothing but good experiences OCing in VA.

I am a staunch libertarian, and a (part time) activist.

I have a lawyer who is doing the criminal case pro bono for me. If this even gets to general district court I would be floored, but if the CA wants to play hard ball I am all for it.

Anyways, if you have any questions feel free to ask. I am also planning to attend the OC dinner tomorrow night(unless work gets in the way).

Rule #1: Don't discuss the case. Most of us already know that you shouldn't discuss the case, and thus wouldn't ask.

But, in case somebody does ask: don't discuss the details of the encounter, your thinking, your motives, you intentions--nothing. Take Miranda vs Arizona to max: anything you say can and will be used against you in a court of law. Litigators are already known to search social media for comments. Its been years since Massad Ayoob pointed out that the opposition can ask you in a deposition which social media sites you use.

Don't say nuthin'. NOTHING! Don't originate a comment. Don't answer any questions. Just tell friends, family, and social member askers that if you answer their question, they could be subpoenaed to testify in court.

carolina guy · Jul 14, 2015

Citizen said:
Rule #1: Don't discuss the case. Most of us already know that you shouldn't discuss the case, and thus wouldn't ask.

But, in case somebody does ask: don't discuss the details of the encounter, your thinking, your motives, you intentions--nothing. Take Miranda vs Arizona to max: anything you say can and will be used against you in a court of law. Litigators are already known to search social media for comments. Its been years since Massad Ayoob pointed out that the opposition can ask you in a deposition which social media sites you use.

Don't say nuthin'. NOTHING! Don't originate a comment. Don't answer any questions. Just tell friends, family, and social member askers that if you answer their question, they could be subpoenaed to testify in court.

+100

ProShooter · Jul 14, 2015

peter nap said:
Sure does Jim. That's a great way to handle a dangerous terrorist suspect. Lol. It's obvious he was concerned for his safety.

I lost count of how many times the officer took his eyes off the OP or simply turned his back. Good way to get your ass kicked by a suspect.

skidmark · Jul 14, 2015

Nobody else has, so I will

For all the folks (not just at OCDO) who have been clamoring for cops to start wearing body cams -

look (not even too carefully) at where the lens of his camera is pointing. FOIA that video and I'll be a steak dinner against a donut that all you will get is a crotch shot.

And in court the cop will be telling the truth (I hope) when he says he was not staring at the guy's crotch the whole time.

Cameras the pin to the shirt have the same tendency to lean over and point towards the ground unless they have a "stabilizer" to offset that tendency. Very few of the shirt/chest mounted cameras have such.

Like in most of life, just because it is technology does not mean it's going to solve problems.

stay safe.

skidmark · Jul 14, 2015

OK, the steak's in your corner. FOIA the video (as soon as it's no longer restricted because of ongoing [strike]persecution[/strike] prosecution.

No crotch shot, I'll go to your favorite steak place and not only pay for your hert'ds desire but sit there and watch to make sure you eat everything on your plate.

OTOH, if there is a crotch shot you can send me a gift card to either Krispy Kreem or Dunkin Donuts.

stay safe.

WalkingWolf · Jul 14, 2015

I hate to pick on someone for being short, but gotta ask, what is he about 4 foot tall.

Arrested for photographing in Henrico

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