Big Grouch

I'm sure you've all heard about this by now. Today I read that a person was videoing the parade and apparently filmed the crash, and the aftermath. When local law enforcement tried to take his camera he refused, and was arrested for "Interfering with the duties of a public servant." They later returned his camera, but confiscated his memory card. He was later released and charges dropped, but his camera was misplaced while in custody.
Yes, this is a terrible tragedy, but the action of the police seems way out of line to me. Anyone agree?
Video from a police car and the locomotive show the truck driving onto the tracks after the warning lights were on and the gates coming down.

Db7423 Loc: Pittsburgh, PA

I can understand the police wanting the video but sounds a little strong-arm to me and who is going to replace this guys camera? His mistake was not handing over the card surely he should have understood this was important for the investigation of the accident. The whole incident probably would have not occurred if he had done this when asked. I imagine they would have given him a receipt so he could claim it as soon as they could make a copy

Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.

I heard about the accident, but not about the photographer.
I agree it was heavy handed of the police.

CaptainC Loc: Colorado, south of Denver

Of course the cops were wrong. All they needed was a court order which would have been granted. They sure get full of themselves.

SteveR Loc: Michigan

I understand that a timeline has now been established of this tragic accident. It indicates that the warning lights went on 13 seconds before the accident, prior to the truck pulling onto the track. Maybe this video was used to establish the timeline. I have to wonder why people didn't start jumping off the flatbed. Apparently the arms came down 10 seconds prior to the crash. The train applied its emergency brakes 6 seconds before the crash.

Nikonian72 Loc: Chico CA

Such digital record is not required at the time of incident. There is no "bad guy" to chase, based on a photo. Proper channels would have provided same info to investigators. What info was gained 10-minutes after accident, that would not be available 1-day later?

Wahawk Loc: NE IA

The photog should have given up the memory card right away. Then he should have been give a copy of the card by the police so he could recover the rest of his images!!

Festina Lente Loc: Florida & Missouri

When we don't know the entire story, it is hard to gauge the dynamics of the situation.
Perhaps the photographer was belligerent to the police. That can get a power crazed official to exert his authority knowing he will be backed up and immune from any repercussions.

My thoughts revolve around what I would do if in the same position.
Respectful compliance, offer alternatives to giving up the camera and/or memory card (like I'll make a copy for you or I'll bring them down town for you, or here is my name and address, etc...) and calm reasoning with a firm position usually win the day.

As to the ability of the police to get the information later, there is no guarantee.
The photographer could simple delete the video or he could post it on line and possibly compromise the investigation and potential litigation.

So, a reasoned person understands what the officer is doing, why it is possibly important, and then calmy but firmly offers several solutions, none of which involve giving up his camera or images, since he is an innocent bystander.

It is usually all about attitude when dealing with a LEO on adrenalin.

profpb Loc: Venice, Florida

Cops are never wrong; they have guns, tasers, cuffs, jails, and are part of the government that gives you freedom (yeah right). I had a bad experience and no longer buy into the "serve and protect" mantra. They are a necessary evil. There are some good ones but there are also some of the others. Be cooperative with cops; it's better for you than not doing so.

heyjoe Loc: cincinnati ohio

should have got the shots and ran,

thegrover Loc: Yorba Linda, CA

My attitude in these situations is based on the concept of not being dead right. I give the law the benefit of the doubt. Show complete understand, calmly obey every request. Be as helpful as possible. If I feel wronged it can all be sorted out later in court in front of a judge.

zipper1 Loc: Souderton, Pa.

I would have tried to reason with the cop. But my experience, has been they are trying to protect the govt entity or themselves from liability. Photographer should have shut up, and made copies available as soon as possible.

SpeedyWilson Loc: Upstate South Carolina

Apparently these words are attributed to a photographer on scene who had his camera confiscated:

Back at the scene of the wreck early Friday afternoon, Joe Cobarobio of Midland said he witnessed and filmed the wreck before officers rushed him and confiscated his camera. No charges were filed (though public records show Cobarobio has a lengthy criminal record).

Rosekind confirmed at a later press conference that Midland police have a witness's video.

Cobarobio said he was filming in a parking lot of the Industrial and Garfield intersection, where a building would have blocked his view of the eastbound train.

"People were dodging the guard rail as it was coming down on top of them," Cobarobio said. ". . .I actually though the guard rail was coming down by accident. At no time did I hear the train until seconds before the accident."

Then, he said, people flew. On the ground, the lesser wounded tried to help.

"It was very heroic seeing what they were doing, but it was very chaotic, very surreal." Cobarobio said. "It's something I never want to see again."

Found at the bottom of this article:
http://www.unionleader.com/article/20121117/NEWS07/121119230

TLCarney Loc: Englewood, Florida

This was a tragic accident and people were killed and injured, but leaving that to the safety investigators to sort out. I'm concerned about the 'misplaced' camera. Like many members, I have expensive equipment and if this happened to me I would have to take my own extreme steps to remedy this injustice.

jimmya Loc: Phoenix

I agree that the police would want to see the video also but that's a bit much. I would ask why the camera's owner didn't take it to the police station and upload the video for them... then they'd have it.