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Photographer wins $345k over unlawful arrest while taking pictures.
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Nov 16, 2019 09:33:27   #
Harry0 Loc: Gardena, Cal
 
"If you have nothing to hide, you have nothing to fear ..."
what was this co so ashamed of that this had to happen?

What do we NOT know?
Is this the ONLY time this officer did this? Many times? Or is it EVERY time?
Was this a rogue cop? Or is it SOP?
What would be the repercussions for "failure to obey" an "unlawful order?
That could be enough for a separate "obstruction of justice" charge.

This is LA. Without court ordered subpoenas, no one is allowed access to cop cams.
Sometimes, not even then. "Sorry! It was erased and reused ..."

Did you video a cop? On duty? In action? You may have violated his right to privacy.
Once a year or so, somebody comes up with a bill that says that. It would enable a cop to confiscate your dashcam, cellphone, rear mounted traffic cam, etc, all at his leisure. 6 digit passcodes, at minimum.
Got yourself an Apple iThing? The cop will hold it- "See this!?"- and your face unlocked it and he took it.
None of these will probably ever get returned.

This is LA. It is always prudent to be nice and agreeable to the person with a gun.
And walk away as soon as it's prudent to do so.

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Nov 16, 2019 09:42:42   #
trinhqthuan Loc: gaithersburg
 
ronichas wrote:
While I have been stopped a few times, by officers, saying I was not allowed to photograph. I did carry the photographer bill of rights, but I never challenged them and just left.

This man clearly knew his rights and was willing to be arrested. It took 3 years but he was awarded $345k.

There is an audio of his interaction with the officer, who did arrest him.

https://petapixel.com/2019/11/14/photographer-wins-345k-settlement-over-unlawful-arrest-while-taking-pictures/?mc_cid=be33103d73&mc_eid=bb4cf18d6b
While I have been stopped a few times, by officers... (show quote)


thanks for posting

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Nov 16, 2019 09:43:29   #
goldstar46 Loc: Tampa, Fl
 
You Welcome for sure........

Hope all have a chance to read

YES,,,,,,,,,,,,,, There are 'Mis-Informed COPS' out there......... SAD

--- Geo

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Nov 16, 2019 12:47:26   #
jeep_daddy Loc: Prescott AZ
 
He took a chance on getting his ass kicked and won. Good for him. He's a year younger than I am which makes him a senior citizen and jury's frown on cops taking advantage of senior citizens end verbal abuse.

Personally, I don't see why any cop would have a problem with a photographer taking pictures in a public place. Unfortunately, in Newport Beach and Laguna Beach CA, the law is always harassing photographers. They claim that their city ordinances require that all photographers get a permit before they can begin taking photos in their city. They give the photographer a citation and move on but the photographer never wins and has to pay the fine. It's such bullshit if you ask me.

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Nov 16, 2019 12:54:04   #
PhotogHobbyist Loc: Bradford, PA
 
jerseymike wrote:
What???
Why do you say that?


Ignore HarryO, he's likely a lurker who posts comments to incite and aggravate. Check his profile, he's only started five threads but has over 1000 posts. Most of his post's I seen are just trying to aggravate and irritate or start an argument.

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Nov 16, 2019 12:58:21   #
Shel Loc: Lecanto FL
 
TerryVS wrote:
Well not sure where you were a cop but in Texas you must obey the "lawful" order of a police officer. Clearly this order was not lawful. The cop was disciplined by her own department. Having been a photojournalist on the streets for over 40 years I've seen assholes like this many times. What I can tell you is DART police are much more professional since this happened. Avi was completely in the right and the cop in the wrong. He had the balls to stand up against an unlawful order and he won.
Well not sure where you were a cop but in Texas yo... (show quote)


I totally agree. Standing up for the rights of photojournalists is the only way that we can get police to be more professional and to stop trying to force obedience to unlawful orders.

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Nov 16, 2019 13:29:57   #
One Rude Dawg Loc: Athol, ID
 
MichaelH wrote:
Agreed, it is a shame that the taxpayer (and obviously the victim) end up paying for these mistakes by law enforcement personnel. It is fortunate for the photographer that the camera was not "mistaken" for a weapon. It might have ended much more tragically.

Law enforcement personnel need better training so that they know the law AND be required to face consequences when they make mistakes. Then they will have the knowledge and incentive to do their job legally.

Here is a case involving poorly trained officers killing a man after he was hit from behind by another car and did not "do the right thing" after the accident. He broke no laws but was still shot four times in the head:

https://www.washingtonpost.com/news/true-crime/wp/2018/01/24/video-shows-park-police-fired-nine-shots-into-bijan-ghaisars-jeep-at-close-range-killing-him/
Agreed, it is a shame that the taxpayer (and obvio... (show quote)


Yes they like to use their " power ". It took only 6 of Spokane's (Wash), finest to beat up and kill a retarded guy a few years back. They finally got the ring leader a 6 or 8 year sentence. The guy was minding his own business in a c store when they gang banged him into compliance. Got to love 'em one and all.

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Nov 16, 2019 13:38:46   #
Shel Loc: Lecanto FL
 
PhotogHobbyist wrote:
Ignore HarryO, he's likely a lurker who posts comments to incite and aggravate. Check his profile, he's only started five threads but has over 1000 posts. Most of his post's I seen are just trying to aggravate and irritate or start an argument.


Your comments about HarryO are uncalled for. Your comments are your personal opinion and should not be posted on UHH

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Nov 16, 2019 15:12:59   #
oregon don
 
Blair Shaw Jr wrote:
I'm amazed that he even got the case heard let alone decided in his favor. I think the $345K is excessive and generally when an officer tells you to leave , you need to obey him even if he is wrong. There may have been other physical & verbal abuses committed against the photographer that this article doesn't address and that is probably a more likely scenario than what I am reading here.
Police tend to become belligerent when you argue with them and they're going to be RIGHT no matter What and he rest is hot air rising.

Thanks for sharing this one.
I'm amazed that he even got the case heard let alo... (show quote)


you would have loved living in Germany 1932 to 1945

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Nov 16, 2019 15:26:44   #
Harry0 Loc: Gardena, Cal
 
jerseymike wrote:
What???
Why do you say that?


Well, 25 years ago I used to travel to Europe a lot on a computer project.
The cops over there basically carried smaller caliber guns. A 32 semi was popular.
Small, quiet, comfy to carry, comfy to shoot. They mostly shot at you to convince you to stop.
Body shots, legs, shoulders- they convinced you to give yourself up.
Here, bigger bullets- 9mm and up. The cops are trained to auto fire- 2 to center mass, then 1 to the head.
They USED to say "carried by six or judged by twelve" as an excuse to shoot now, worry later.
Now, just shoot. He's trained that way, not his fault. Good shoot! Counseling and a desk for a week or two.
No trial, no problems. Good shoot! Victims family? A long time and a great lawyer later, a little justice.
Black kid on a cellphone, not paying attention, he wasn't doing anything. Shot 11 times- in the back.
Coroner says most of those were after he was already down on the ground.
Rogue cop. out of control, in Pomona. Excitable LA cop shoots 2 Mexican women delivering newspapers.
They were small ladies, obviously no danger to anybody, and 60 miles away.
Samoan wedding reception, cops pull up, guests approach to invite them to partake of some food.
Cops start blasting. Coroner discovers most of the bullets were thru and thru- bouncing off the sidewalk.

Dead people can't file lawsuits. Dead people can't testify. Dead people can't complain. Dead people- can't.
I hold priests and police to much higher standards. They're supposed to be THE trusted good guys.
Pedofile priests and perverted police should be demised. Promptly upon discovery. Appeal it to God.

I'm on a job, we park on the side with the meters. We took turns going down and feeding them. Secretary goes down- and doesn't come back. For two days. Punkbutt ticketboi stopped her, asked her what she was doing- and took her away. Obstruction Of Justice. Since she wasn't really arrested, she didn't get her rights, her lawyer, or her telephone call- just a steady stream pf harassment and abuse, and then released just before her 72 hours were up. During our yearly insurance/ credit/ clearance check, she finds out it's on her record. Never arrested, never charged, never convicted. Still there.
Another great tickboi scam: There's a traffic light near me. Press the "walk button and wait for the white guy icon. 5 seconds later the little orange guy shows up and the 15 seconds left count down. Safe, right? NOO! There's two armed and armored ticketbois across the street writing tickets. You were in the crosswalk when the "Don't Walk" was blinking, right? You gots choices: A) Shut up, take and paythe ticket.; B) Don't sign, go downtown, pay the bail (ticket) anyway, and then get released- there. Maybe tomorrow; or C) Take the ticket and goto court. HAH! The judge will inform you the a jaywalking ticket is a minor misdemeanor- you don't get to fight it. You just pay it. Now you owe for that and court costs, too.

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Nov 16, 2019 16:20:38   #
PhotogHobbyist Loc: Bradford, PA
 
Shel wrote:
Your comments about HarryO are uncalled for. Your comments are your personal opinion and should not be posted on UHH


Check his profile and his posts. I think you will see I am not far off the mark.

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Nov 16, 2019 17:12:24   #
Los-Angeles-Shooter Loc: Los Angeles
 
Affirmative action: the discrimination that keeps on costing the taxpayers.

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Nov 16, 2019 18:06:28   #
rfmaude41 Loc: Lancaster, Texas (DFW area)
 
ronichas wrote:
While I have been stopped a few times, by officers, saying I was not allowed to photograph. I did carry the photographer bill of rights, but I never challenged them and just left.

This man clearly knew his rights and was willing to be arrested. It took 3 years but he was awarded $345k.

There is an audio of his interaction with the officer, who did arrest him.

https://petapixel.com/2019/11/14/photographer-wins-345k-settlement-over-unlawful-arrest-while-taking-pictures/?mc_cid=be33103d73&mc_eid=bb4cf18d6b
While I have been stopped a few times, by officers... (show quote)


From listening to the audio, a couple of things become readily apparent:

1. The officer doesn't has no idea of the law, and

2. I would surmise, that with her diction, she did not get a really good education.

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Nov 16, 2019 18:25:02   #
CWGordon
 
I am happy that a person will stand up for their rights. I wish it wasn’t looked at that the poor taxpayer had to pay for “it.” The man actually fought for their rights, too. He took all the up-front risk. For a small portion of the judgement and no risk, those taxpayers reaped the benefit of his willingness to fight unreasonable police action. Everyone’s freedom and rights were protected.
Most of my friends are in law enforcement. Many will not agree w/my position, but freedom to disagree is part of what made this country great.

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Nov 16, 2019 19:23:13   #
sailwiz Loc: Santee, CA
 
Remind me not to share a foxhole with you. Sheesh. i smell too many pansies here.

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