Photographer wins $345k over unlawful arrest while taking pictures: While I have been stopped a few times, by officers, saying I was not allowed to photograph. I did carry the...

ronichas Loc: Long Island

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

Blair Shaw Jr Loc: Dunnellon,Florida

ronichas wrote:

While I have been stopped a few times, by officers... (show quote)

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.

LFingar Loc: Claverack, NY

ronichas wrote:

While I have been stopped a few times, by officers... (show quote)

Good to see someone stand up for their rights, but, it's sad that the tax payer and, in this case, transit riders, end up having to pay for the ignorance of a small percentage of cops.

LFingar Loc: Claverack, NY

Blair Shaw Jr wrote:

I'm amazed that he even got the case heard let alo... (show quote)

So, your solution is to just do as you are told even when your rights are being trampled on and even though by doing so you encourage officers like that one to keep on ignoring people's rights? I am not anti-cop by any means. I highly respect those that are professional and understand the limits of their authority but I most certainly will not back down from some ignorant bully of a cop who thinks that a badge gives them the right to do whatever they please.

jerryc41 Loc: Catskill Mts of NY

Good for him! Arguing with a cop never turns out right.

MichaelH Loc: NorCal via Lansing, MI

LFingar wrote:

Good to see someone stand up for their rights, but, it's sad that the tax payer and, in this case, transit riders, end up having to pay for the ignorance of a small percentage of cops.

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/

Harry0 Loc: Gardena, Cal

If you kill them, they can't testify.
There's maybe a dozen cops here that should have that "Protect and Serve" painted over.

Donkas1946 Loc: Southern NH

LFingar wrote:

So, your solution is to just do as you are told even when your rights are being trampled on and even though by doing so you encourage officers like that one to keep on ignoring people's rights? I am not anti-cop by any means. I highly respect those that are professional and understand the limits of their authority but I most certainly will not back down from some ignorant bully of a cop who thinks that a badge gives them the right to do whatever they please.

There are laws on the books in most states that are entitled, “failure to obey a police officer”. So no matter what the police offices orders are you must obey. Unless of course it will put you or so,some else in danger. So there is no point in arguing. When you are told to do something or not to do something by a police officer you don’t know the reason or rational behind the reasoning that he gave the order not is he required to explain. So bottom line is just do what he or she says. Is a picture really worth it. Well I guess for this person it was but over all you are going to loose. Oh yeah, I was a police officer for 20years.

cmc4214 Loc: S.W. Pennsylvania

LFingar wrote:

So, your solution is to just do as you are told even when your rights are being trampled on and even though by doing so you encourage officers like that one to keep on ignoring people's rights? I am not anti-cop by any means. I highly respect those that are professional and understand the limits of their authority but I most certainly will not back down from some ignorant bully of a cop who thinks that a badge gives them the right to do whatever they please.

TerryVS

Donkas1946 wrote:

There are laws on the books in most states that ar... (show quote)

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.

LFingar Loc: Claverack, NY

Donkas1946 wrote:

There are laws on the books in most states that ar... (show quote)

This isn't just about photos. There are, unfortunately, a small percentage of cops that not only are willing to exceed their authority but some actually seem to relish the opportunity, and you, as a 20 yr veteran, are certainly aware of that. Or, you should be, unless you were one of those cops who believes nothing a police officer does is wrong. I have a different viewpoint and I most certainly will stand up to a cop whose conduct is not up to legal standards.

goldstar46 Loc: Tampa, Fl

Donkas........

Your wrong,,,,,,, The law enforcement office must give you a 'lawful order'.... NOT just 'an order'

I was in Law Enforcement for 33 years and I wrote the Standard Operating Procedures for an agency with 3,500 employees,,,, I know what I am talking about... == It Must Be A Lawful Order ==

-- Geo

cmc4214 Loc: S.W. Pennsylvania

goldstar46 wrote:

Donkas........

Your wrong,,,,,,, The law enforcement office must give you a 'lawful order'.... NOT just 'an order'

I was in Law Enforcement for 33 years and I wrote the Standard Operating Procedures for an agency with 3,500 employees,,,, I know what I am talking about... == It Must Be A Lawful Order ==

-- Geo

Thank you for that explanation!

jerseymike

Harry0 wrote:

If you kill them, they can't testify.
There's maybe a dozen cops here that should have that "Protect and Serve" painted over.

What???
Why do you say that?

bpulv Loc: Buena Park, CA

ronichas wrote:

While I have been stopped a few times, by officers... (show quote)

Good for him!