What is Digg?125 Comments
- urothane, on 05/15/2008, -1/+220Doesn't the deleting of images from his memory card count as destroying evidence? Shouldn't there be a prosecution of the officers involved if that is the case and nut just a civil trial?
Or is it only destroying evidence if a crime has been committed? - rubin421, on 05/15/2008, -1/+134This is definitely very good news.
- Nicksname1, on 05/15/2008, -1/+116FTA: "Last month two brothers who sued Harris County were awarded almost $2 million after they were wrongfully arrested for videotaping a drug raid on a neighbors home. Their case also resulted in the resignation of former Harris County District Attorney Chuck Rosenthal when their suit brought forward racist and pornographic emails on his computer."
You couldn't have made up a better ending than that good for them! - PATSCRU, on 05/15/2008, -0/+102KEEP FILMING.
- bdkvxd, on 05/15/2008, -5/+76Here in Columbia, MO, I was taken down by a "strong-arm bar method" by officer Jason Carr of the Columbia Police Department. This was because I was seen as a potential threat (in my own residence) FILMING as the said officer entered my home without mine and my two tenants' permission, knocking one roommate down and chasing after women at my party that were 'refusing to disperse.' Apparently refusing to disperse, is enough for an ILLEGAL SEARCH on private property. The story goes on, but no one will listen.
Man I wish I had money. Thats the only way you can get a fair chance against a Police State and Unconstitutional Laws/Judges. - thecatcantalk, on 05/15/2008, -0/+52I'm pretty sure it would be called Tampering with Evidence (and Conspiracy to File a False Report...which would make the arrest and transportation of the prisoner False Arrest and Kidnapping compounded by False Imprisonment). You'd have to prove that they knew they were falsely arresting the photographer for a crime that hadn't been committed. Good luck finding a prosecutor who'd go after the cops, though. Never in Texas.
Considering that the treeless, incredibly hot and muggy "city" of Galveston is a tourist town with no real businesses aside from selling beer and entertainment to college kids, the bad publicity generated by this story is what will hit the town where it lives: in its wallet. Who wants to go to a Mardi Gras debauch in a town with rageaholic cops who attack tourists? No, thanks...I'll drive a bit further and go to New Orleans instead! - DavisFreeberg, on 05/15/2008, -0/+46My understanding of the law is that destroying evidence of any kind is considered a felony. Whether that evidence proves innocence or guilt is irrelevant. Even beyond any civil liability, these cops should have to answer to the same criminal charges that regular citizens are charged with.
- kahakauai, on 05/15/2008, -7/+53Epic win - Who knew taking pictures could become a crime these days.
- tushyd, on 05/15/2008, -1/+32Nice! Sucks that we have to fight for our RIGHTS
- papastout, on 05/15/2008, -2/+30Excellent! Now to start taping cops actions with reckless abandon!
- krack, on 05/15/2008, -1/+28Awareness: 8/8/08 is Take Pictures day.
From http://www.flickr.com/groups/takepicturesday/
We're sick of people getting hassled for taking pictures.
Photography is not a crime.
Its time for some protest action.
On August 8, 2008 take your camer out and take pictures of everything you see.
If that happens to be a cop, or a train, or a nuclear power station then so be it.
"I'm just documenting my day officer. What could be the harm in that?"
Lets see 10,000 people taking pictures of the el, the T and the Bart and even the Underground. Wherever you are take some pictures of things.
Then upload pictures to flickr and lets show the world what we saw!
And until then, just for fun everybody should go take pictures of trains and things and post them here.
Because we still can. - 35263526, on 05/15/2008, -0/+26Try your local ACLU branch; quite often they'll take on cases like that pro bono.
- scrubadub, on 05/15/2008, -0/+21Unless they took pictures to overwrite the deleted ones, you should be able to recover any pictures they "deleted" with just about any file recovery program... assuming you got the same card back.
- Dumbledorito, on 05/15/2008, -0/+18This is hardly an isolated incident:
http://srtctransportation.blogspot.com/2008/05/our ...
http://www.boingboing.net/2008/05/14/bb-reader-two ...
http://www.boingboing.net/2008/05/14/taking-pictur ...
Camera nazis are apparently everywhere, and won't back down even when they can't justify their actions. - designerutah, on 05/15/2008, -1/+19Personally, I think a populace that can photograph their law enforcement officers is a good thing. This is the check to their power. Helps to keep the tyranny in check.
- STPZ, on 05/15/2008, -8/+25Don't delete my pictures bro!
tampering with evidence....illegal no? - Elliuotatar, on 05/15/2008, -0/+16What an amazing legal system we have where police can break the law willy nilly and all they have to do is have an "understanding" with one fellow, and they can avoid being charged.
- arcangelgabriel, on 05/16/2008, -0/+14As a police officer for 18+ years now let me state that you are correct. The camera was seized as evidence therefore all the photographs therein are potential evidence in support of probable cause [PC]. Photos that do not support your basis for PC cannot be deleted simply because they do not support your case. In fact such an act is a criminal offense in itself, depending on the state, a misdemeanor in a few a felony.
Entering a secured area can be cause for arrest given the situations circumstances however this looks as if one of my brothers had their head up their ass.
FTA: "Police brutality is a fact of life. While I believe the overwhelming majority of cops are good cops and have many friends and family who are cops, history has shown that there are still plenty of bad apples out there."
True. There are also idiot lawyers, doctors, firemen and presidents. Doesn't make the all bad. I'm proud of my profession and the men and women with whom I continue to serve. Trust me good cops are plentiful and don't want morons wearing a badge any more than you do.
While I'm obviously the last to bash cops in 98% of the circumstances here on Digg, I AM and will forever be a defender of the constitution. When I put people away it's because of police work, not some 'whose got the biggest dick' contest. - hierophantus, on 05/15/2008, -1/+15Trouble, by Charles Bukowski.
I had my camera and took the shot through the shop window and a rather tall ugly lady, neck bent forward, ran out of the shop.
"What are you doing?" she asked. "What did you photograph?"
"I photographed the naked mannequin," I told her.
"I'd rather you didn't take any more photos," she said.
"All right..." I said and I walked down the street with my camera with her staring after me.
I felt guilty and upset. Upset, even though I had done nothing really improper.
It usually happened to me at least once a day.
I turned, dropped to one knee, focused, and photographed her.
She waved her arms and screamed and I shot her again.
The trouble with these people is that their cities have never been bombed and their mothers have never been told to shut up. - mbonnin, on 05/15/2008, -0/+14The actual article, instead of a blog talking about the actual article:
http://www.chron.com/disp/story.mpl/ap/tx/5781004. ... - Elliuotatar, on 05/15/2008, -0/+12Where's the federal government in all this? If the state won't prosecute the police for the clearly and highly illegal act of destroying evidence then isn't it the federal government's job to set things right? Where's the checks and balances?
- yourmightyruler, on 05/15/2008, -0/+11Police cannot delete, view, confiscate digital pictures or film without a warrant.
As said by The Photographer's Right.
http://www.krages.com/phoright.htm
http://www.krages.com/ThePhotographersRight.pdf
A handy tool for any photographer. - localzuk, on 05/15/2008, -1/+12I rather like it. Much faster!
- Dumbledorito, on 05/15/2008, -4/+14Whoever makes a high-quality digital camera/camcorder that can be hidden in a pair of glasses or a ballcap will probably reap quite a tidy profit so long as goons like these wear badges.
- gsadamb, on 05/16/2008, -2/+12I definitely feel this guy's pain. I'm a photographer as well, and get hassled pretty frequently. I've found something interesting, though. I'm normally pretty quiet, but I always stand up to security and make sure to get a clear answer.
Just recently, I was shooting some fountains in an outdoor plaza. A security guard comes over me and tells me I can't shoot.
Him: You can't shoot here, it's private property.
Me: But there are other people shooting over there and you haven't stopped them.
Him: Oh, they're using small cameras to take snapshots, it's okay.
(I'm shooting with a Canon EOS 40D on a tripod.)
Me: Oh, so you're saying there's a regulation based on the size of the camera?
Him: Um.. no. Just, as long as I don't see it, it's okay.
(I point to the sidewalk, three feet away.)
Me: Well I can shoot from there, that's public property.
Him: You can't shoot this property.
Me: That's not what the law says.
Him: Listen, why don't you just come back on the weekend?
Me: Oh, so there's a regulation that says it's okay to take pictures on the weekends, but not on weekdays?
Him: Just... talk to management, tell them you're doing a project, everything will be okay.
Me: No, I think I'm just going to shoot from the sidewalk, which is public property and paid for by my tax dollars.
Him: Just talk to management first. They're not cool with people sneaking around taking pictures.
Me: Sneaking around? I've got a tripod here!
Him: Please get off the property.
Me: Fine.
(I pick up my gear, move approximately four feet over onto the sidewalk, and resume shooting.)
Me: If you want to call the cops or try to physically stop me, go right ahead. I just hope you've got a very strong understanding of the law if you want to try that.
(He mumbles something and leaves.) - uberfu, on 05/15/2008, -0/+10For the police - they could easily be charged with "Tampering with Evidence"
And the deleted Files can be recovered assuming that no one has used the Digital Card for anything since the files were erased_
I know they can be recovered as I just did this very thing 2 weeks ago_ Accidently deleted the wrong batch of files and grabbed some fixit software and pulled the files I needed back to life from beyond the grave_
So if the Digital Card hasn't been messed with - they could recover the deleted files and then have proof of evidence that he was where he said he was before the arrest - assuming that is true_ Then not only bring up a civil suit but file a crimal grevience with the next court up the chain of command_ then the State or Feds would have no choice but to investigate and possibly prosecute the police officers - for at least that_ - inactive, on 05/15/2008, -9/+19Stand up to the terrorists, it's our only chance!
The terrorist United States Government are the world's greatest terrorists! - TonyLocNE, on 05/15/2008, -0/+10I had a similar incident on a city sidewalk earlier this year.. Officer Ripley of the Lincoln Police Department arrested me for failure to disperse while I was taking photos (at a distance of 30 ft away) of a person being detained by eight officers after the bars closed. It was later brought to my attention in the police report, that I was being charged with resisting arrest because the officer claimed that I raised my camera up and tried hitting him in the face with it when he came bumrushing towards me. I had my camera already in front of my face taking pictures, so I don't know how I raised it to hit him.. Anyways, I ended up pleading guilty to the failure to disperse when they decided to drop the resisting.
I too wish I had the money to make a civil suit of this.. I didn't even think of the ACLU until after everything had already been taken care of. - TonyLocNE, on 05/15/2008, -0/+9its faster, but its very awkward, but maybe that is just because I'm not used to it..
- amercer, on 05/15/2008, -0/+9To PARTY
- mentalfoto, on 05/15/2008, -0/+9It's not just cops that do this sort of thing to people with cameras, it's security guards and basically anyone that thinks they have the authority or the brawn to mess with someone else. If you are on public property, a city sidewalk, your property and so on you are well within your right to take pictures of anything you please.
You are also sensible not to push the point with a scary goon of a cop or especially group of cops who probably feel free to throw you down on the ground and stomp your guts out and smash your camera to bits. The worst place I ever saw for that were cops in New Orleans French Quarter when I lived there. Those NOPD cops in the 1980s were animals with badges.
Stealth is the better part of valor in most situations.
To me it's ALWAYS telling when you run up against people that want you to stop taking pictures because they are basically telling you they have a LOT to hide. - pinguwin, on 05/15/2008, -0/+8While I'm pleased at the outcome, why is it in this day and age this should even occur? Yes, the photographer "won" but it's a pyrrhic victory in some ways. One more such victory and he'll be bankrupt. Until the police pay a price for such behavior, they've still "won" in the sense of someone will say, "I can refuse the cops illegal orders, but do I have $10k to prove myself right?" Only when this behavior costs the cops $50k will this be a true victory. Which isn't to say I didn't smile when reading the article.
- cloud4197, on 05/15/2008, -0/+7Dugg because I agree with the overall statement. But it still pisses me off when I see this... "In a world where Rodney King can be half beaten to death by police officers". You mean "In a COUNTRY where Rodney King can be half beaten to death by police officers".... America is not the world!!! In most other countries police officers get into as much trouble as regular citizens for that kind of behaviour.
Ok rant over. Good article! - nic871, on 05/16/2008, -0/+7The first thing my photojournalism teacher taught us was "whoever has the gun is in charge. It doesn't matter if its a police officer here at home, or a rebel soldier overseas. Be like water and find a different way."
- proliance, on 05/15/2008, -3/+10The author says he was charged after crossing into an area the police had secured, not for refusing to stop taking pictures as the title implies. Owning a camera is not an excuse for crossing a police line. That's why police sometimes use a bright yellow tape to keep people away.
If this photographer had accidentally kicked a cigarette butt that had a killers' DNA on it into the gutter, what would his excuse be? That his picture is more important than conserving the crime scene?
I know I'll be dugg down, but there are two sides to every story, except on Digg. - mmeiser, on 05/15/2008, -0/+6If I could digg this comment up twice I would. I can't believe they boldly deleted what is evidence and noone seems to consider this unacceptable in the article.
- jezsik, on 05/15/2008, -0/+6Cops don't wear skirts.
- bpoteat, on 05/15/2008, -0/+6new orleans a full day's drive from galveston? Do you stop every hour for an hour and half rest?
- Sajentine, on 05/15/2008, -0/+5While true, that isn't the point.
They tried to destroy evidence that proved they made a false arrest since the pictures proved he was outside the cordoned off area.
They should at the very least lose their jobs if not go to jail for trying to illegally destroy another persons reputation and life. - xenodata, on 05/15/2008, -0/+5Just so you know, deleting photos from the camera doesn't destroy the file. With the right software you can recover the photos.
- GoatRoper, on 05/15/2008, -1/+6As a photographer I followed this one closely. No one, in a public setting, can make you delete your photos. He was shooting from the sidewalk, making them fair game.
- shutaro, on 05/15/2008, -0/+5The terrorist terrorist terrorists are the United States terrorist terrorist terrorists!!
Terrorists!!! - AlaskaLoneWolf, on 05/16/2008, -0/+5Props to Nick. The man is a trailblazer and a hero in my book.
- AlaskaLoneWolf, on 05/16/2008, -0/+5...but make sure you don't run out of film.
- flashmat, on 05/15/2008, -0/+5But why should you have an expectation of privacy when walking down a public street/through a public park? And why does your perceived right to privacy give you a right to assault/cause criminal damage?
- TonyLocNE, on 05/15/2008, -0/+5Yeah, while asking them to leave is perfectly legal, it is illegal for officers to enter your home without warrant or probable cause. Probable cause is not valid because an officer sees people inside the house and can hear noise from outside.
The people residing in the residence can receive a "maintain disorderly house" ticket or something similar, but they do not have to let the cops in. - dondara, on 05/15/2008, -0/+4I agree. Screw the civil suit, get those pigs tossed in prison. They broke the law, punish them
- frikk, on 05/16/2008, -0/+4Hey - at least the guy was being respectful (in a I'm just doing my job don't take it out on me kind of way). Way to stick to your guns, for sure.
- Jowsley, on 05/15/2008, -0/+3You may think you should have the right to not be photographed, but you don't (at least not in the US). If you're standing in a public place, it's legal for anyone to take your picture.
Read this if you want to educate yourself-
http://www.krages.com/ThePhotographersRight.pdf
On a side note, do you go around smashing the surveillance camera when ever you run across one? -
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