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I was arrested for filming police tonight

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
Quick update:
The charges were dismissed today.
http://www.yakimaherald.com/communi...nst-sunnyside-man-who-filmed-police-dismissed

"Schenck said he has scheduled a refresher training in constitutional law and search and seizure for his whole department with a Yakima County prosecutor."

Like it needs to be said, who better to test the effectiveness of this training than me? :D

I had a fairly productive talk with the Dep. Chief afterwards. A number of things were discussed, why I do what I do, etc. I got a chance to go over a number of instances that motivated me to start the recording thing I do, such as officer's use of dishonesty to trick us into waiving rights, etc. He said they are not supposed to do that; there are instances when it's in the interest of justice that they do, but they are not supposed to use it wantonly to get a name for a warrant check or whatever. I have an open ear now if at any time I am bothered by conduct of SPD I can go directly to him to discuss it.

He also complimented the "legal brief" I wrote five years ago when my CPL app was denied. He said no one had ever done that. Reading it now I wrote it like a rambling nutcase, but I guess it got the job done. I had written it in between work, taking care of my baby, and way too much coffee.

I've had a lot of fun reaction from around town too. I've been thanked by more than one person. This is a small town. A lot of people know me and everyone knows Oli.
On the Yakima-Herald print copy, there is a large picture of the Sgt with the words "DON'T RECORD ME, I'LL ARREST YOU (it happened in Sunnyside)" on the front cover. It took me three different gas stations to find a copy; one of the guys said they sold them all real quick, 'must be something going on.' Maybe it was the settlement for a wrongful death lawsuit or the mosaic project stories that were also on the front though.

Oh yeah, the perimeter thing. Wow. I can't conceive anything other than after he radioed that he was arresting me for filming that someone tapped on his shoulder and said "um, you can't do that sarge..." So there had to be some other reason he arrested me. As you can see in the videos, there isn't a perimeter. The police report stated that the police cars blocking the street, as seen in one of the videos was what marked the perimeter. The other ladies were allowed to be there because they had 'connections' to the house, except my other neighbors who just lived down the street. So the perimeter, marked by a cop car with lights on in the street, was secured and only applied to me. I never knew it was illegal to walk past a cop car with lights on; oh, the possibilities with this one! He also stated he approached because he had seen me breech the perimeter and since I hadn't been frisked I "posed a danger to the SWAT officers." (I took of my gun right before I came outside, I was unarmed.) The intent of the confrontation about recording was actually him trying cause me to exit the perimeter, apparently with some weird mind-trick where I become aware of a perimeter that no one else knows about or is told about but learn about it from being told I will be arrested for filming...

Anywho, I think that's about it. I'm tired now.
 

PALO

Regular Member
Joined
Feb 12, 2012
Messages
729
Location
Kent
Quick update:
The charges were dismissed today.
http://www.yakimaherald.com/communi...nst-sunnyside-man-who-filmed-police-dismissed

"Schenck said he has scheduled a refresher training in constitutional law and search and seizure for his whole department with a Yakima County prosecutor."

Like it needs to be said, who better to test the effectiveness of this training than me? :D

I had a fairly productive talk with the Dep. Chief afterwards. A number of things were discussed, why I do what I do, etc. I got a chance to go over a number of instances that motivated me to start the recording thing I do, such as officer's use of dishonesty to trick us into waiving rights, etc. He said they are not supposed to do that; there are instances when it's in the interest of justice that they do, but they are not supposed to use it wantonly to get a name for a warrant check or whatever. I have an open ear now if at any time I am bothered by conduct of SPD I can go directly to him to discuss it.

He also complimented the "legal brief" I wrote five years ago when my CPL app was denied. He said no one had ever done that. Reading it now I wrote it like a rambling nutcase, but I guess it got the job done. I had written it in between work, taking care of my baby, and way too much coffee.

I've had a lot of fun reaction from around town too. I've been thanked by more than one person. This is a small town. A lot of people know me and everyone knows Oli.
On the Yakima-Herald print copy, there is a large picture of the Sgt with the words "DON'T RECORD ME, I'LL ARREST YOU (it happened in Sunnyside)" on the front cover. It took me three different gas stations to find a copy; one of the guys said they sold them all real quick, 'must be something going on.' Maybe it was the settlement for a wrongful death lawsuit or the mosaic project stories that were also on the front though.

Oh yeah, the perimeter thing. Wow. I can't conceive anything other than after he radioed that he was arresting me for filming that someone tapped on his shoulder and said "um, you can't do that sarge..." So there had to be some other reason he arrested me. As you can see in the videos, there isn't a perimeter. The police report stated that the police cars blocking the street, as seen in one of the videos was what marked the perimeter. The other ladies were allowed to be there because they had 'connections' to the house, except my other neighbors who just lived down the street. So the perimeter, marked by a cop car with lights on in the street, was secured and only applied to me. I never knew it was illegal to walk past a cop car with lights on; oh, the possibilities with this one! He also stated he approached because he had seen me breech the perimeter and since I hadn't been frisked I "posed a danger to the SWAT officers." (I took of my gun right before I came outside, I was unarmed.) The intent of the confrontation about recording was actually him trying cause me to exit the perimeter, apparently with some weird mind-trick where I become aware of a perimeter that no one else knows about or is told about but learn about it from being told I will be arrested for filming...

Anywho, I think that's about it. I'm tired now.

Awesome. It's a tragedy you were arrested and I hope you get some $$$ redress. I am glad they are getting training. I've said it before, I'll say it again - training and policy are two things that seperate a poor police dept. from a good one. Insist that they have written policy clearly outlining the right to film. If you want, drop me an email and I'll give you a boilerplate police policy based on my agency's policy regarding filming that you could present to your PD as a "model" to work from. It's worked for us, swimmingly well

Again, awesome

Cheers
 

Rusty Young Man

Regular Member
Joined
Jun 19, 2013
Messages
1,548
Location
Árida Zona
SNIP...He also complimented the "legal brief" I wrote five years ago when my CPL app was denied. He said no one had ever done that. Reading it now I wrote it like a rambling nutcase, but I guess it got the job done. I had written it in between work, taking care of my baby, and way too much coffee....

I've had a lot of fun reaction from around town too. I've been thanked by more than one person. This is a small town. A lot of people know me and everyone knows Oli.
On the Yakima-Herald print copy, there is a large picture of the Sgt with the words "DON'T RECORD ME, I'LL ARREST YOU (it happened in Sunnyside)" on the front cover. It took me three different gas stations to find a copy; one of the guys said they sold them all real quick, 'must be something going on.' Maybe it was the settlement for a wrongful death lawsuit or the mosaic project stories that were also on the front though.

Oh yeah, the perimeter thing. Wow. I can't conceive anything other than after he radioed that he was arresting me for filming that someone tapped on his shoulder and said "um, you can't do that sarge..." So there had to be some other reason he arrested me. As you can see in the videos, there isn't a perimeter. The police report stated that the police cars blocking the street, as seen in one of the videos was what marked the perimeter. The other ladies were allowed to be there because they had 'connections' to the house, except my other neighbors who just lived down the street. So the perimeter, marked by a cop car with lights on in the street, was secured and only applied to me. I never knew it was illegal to walk past a cop car with lights on; oh, the possibilities with this one! He also stated he approached because he had seen me breech the perimeter and since I hadn't been frisked I "posed a danger to the SWAT officers." (I took of my gun right before I came outside, I was unarmed.) The intent of the confrontation about recording was actually him trying cause me to exit the perimeter, apparently with some weird mind-trick where I become aware of a perimeter that no one else knows about or is told about but learn about it from being told I will be arrested for filming...

Anywho, I think that's about it. I'm tired now.

@509rifas, the words I bolded (but mainly those in between) would suggest you are currently experiencing a level of fatigue similar to the one you spoke of earlier.:lol:
Jokes aside, I hope you get acquainted with many a portrait of several of our founding fathers ($$$) for your troubles. Thanks for helping advance the cause.
 
Last edited:

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
Quick update:
The charges were dismissed today.
http://www.yakimaherald.com/communi...nst-sunnyside-man-who-filmed-police-dismissed

"Schenck said he has scheduled a refresher training in constitutional law and search and seizure for his whole department with a Yakima County prosecutor."

Like it needs to be said, who better to test the effectiveness of this training than me? :D

I had a fairly productive talk with the Dep. Chief afterwards. A number of things were discussed, why I do what I do, etc. I got a chance to go over a number of instances that motivated me to start the recording thing I do, such as officer's use of dishonesty to trick us into waiving rights, etc. He said they are not supposed to do that; there are instances when it's in the interest of justice that they do, but they are not supposed to use it wantonly to get a name for a warrant check or whatever. I have an open ear now if at any time I am bothered by conduct of SPD I can go directly to him to discuss it.

He also complimented the "legal brief" I wrote five years ago when my CPL app was denied. He said no one had ever done that. Reading it now I wrote it like a rambling nutcase, but I guess it got the job done. I had written it in between work, taking care of my baby, and way too much coffee.

I've had a lot of fun reaction from around town too. I've been thanked by more than one person. This is a small town. A lot of people know me and everyone knows Oli.
On the Yakima-Herald print copy, there is a large picture of the Sgt with the words "DON'T RECORD ME, I'LL ARREST YOU (it happened in Sunnyside)" on the front cover. It took me three different gas stations to find a copy; one of the guys said they sold them all real quick, 'must be something going on.' Maybe it was the settlement for a wrongful death lawsuit or the mosaic project stories that were also on the front though.

Oh yeah, the perimeter thing. Wow. I can't conceive anything other than after he radioed that he was arresting me for filming that someone tapped on his shoulder and said "um, you can't do that sarge..." So there had to be some other reason he arrested me. As you can see in the videos, there isn't a perimeter. The police report stated that the police cars blocking the street, as seen in one of the videos was what marked the perimeter. The other ladies were allowed to be there because they had 'connections' to the house, except my other neighbors who just lived down the street. So the perimeter, marked by a cop car with lights on in the street, was secured and only applied to me. I never knew it was illegal to walk past a cop car with lights on; oh, the possibilities with this one! He also stated he approached because he had seen me breech the perimeter and since I hadn't been frisked I "posed a danger to the SWAT officers." (I took of my gun right before I came outside, I was unarmed.) The intent of the confrontation about recording was actually him trying cause me to exit the perimeter, apparently with some weird mind-trick where I become aware of a perimeter that no one else knows about or is told about but learn about it from being told I will be arrested for filming...

Anywho, I think that's about it. I'm tired now.

The reason that Deputy Dog is kissing your butt is he knows you have a legal case for false arrest. He is hoping that by talking to you and sounding sympathetic that you won't hire a lawyer and sue.

I would be leary about his motives about lending you an ear. Remember the saying keep your friends close but your enemies closer....he may just consider you an enemy of his department.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The reason that Deputy Dog is kissing your butt is he knows you have a legal case for false arrest. He is hoping that by talking to you and sounding sympathetic that you won't hire a lawyer and sue.

I would be leary about his motives about lending you an ear. Remember the saying keep your friends close but your enemies closer....he may just consider you an enemy of his department.

+1 These higher ups are politicians be under no illusion they will side for the mundanes over their peons.
 

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
OP
Hire a good Constitutional law attorney, one with knowledge of USCA 42 section 1883. ( Violation Of rights under color of law)
42 USC 1983

Your case should be filed in Federal court and not state court.
If he brings a 1983 case in state court, the defendants will remove it to federal court (and it'll cost about $100 less to file it if in state court).

Part of your settlement should include having the charges expunged from your record.
There is no legal vehicle completely to expunge arrest records. While the record can be removed from the state's WATCH database (maintained by the State Patrol), once it hits NCIC, it stays forever.
 
Last edited:

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
If he brings a 1983 case in state court, the defendants will remove it to federal court (and it'll cost about $100 less to file it if in state court).

I was told the benefits and down side of federal at one time, may be murky but isn't it better to go to federal for the lawyer fees if you are on the winning end?
 

Alodoxx

New member
Joined
Oct 14, 2010
Messages
9
Location
Washington
Go after them! The cops call to go for some more training shows they are either incompetent or don't particularly care about the rule of law and the constitution. Remember, ignorance of the law is NO EXCUSE!! They would say that to you if you broke the law, right? Teach them a lesson for their offensive behavior.

I see by your statement that you had a nice talk with the top cop. He was nice because he doesn't want to get sued. His guys weren't nice when they arrested you for doing nothing wrong. As nice as he might appear I suspect that he likely considers you as just some yahoo with a problem, to be dealt with.

Sue them, you're not likely to ever get another chance like this to make a lot of money.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
<snip> there are instances when it's in the interest of justice that they do, but they are not supposed to use it wantonly to get a name for a warrant check or whatever.<snip>
36_11_16.gif


Better watch your back. You are now classified as a trouble maker. A non-conformist. A uppity citizen.


Go get the
36_2_50.gif
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
we need an indestructible recorder that records straight to the internet so it can not be deleted, and the camera can not be turned off, or the battery removed, with a 8 hour record time.

And implanted in one's head, using the optic nerve to provide the video. Anything else can be defeated with a simple piece of duck tape, a wad of gum, or for that matter, just smearing the lens with snot.

Streaming video to one's "cloud account" makes a ton of sense. As long as you can keep the device operating and the lens unobstructed.
 
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