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Originally posted by Kitilani
Once again, before you go off calling me stupid or ignorant again you should learn to read.
Emily Good was charged with obstructing governmental administration.
If you see the word "state" in there, help me out. The last time I checked, the federal government was still the government.
Originally posted by Kitilani
But that ill defined "law" still means that a cop can come along and charge you with
obstructing governmental administration.
I am sure you get my point but do not want to.
Originally posted by Kitilani
So you covered the info supplied in the first page of the thread again?
Originally posted by Kitilani
You are really kind of starting to sound like a teenage boy. You are not making cops look good. You are not swaying anyone about this case. You are not educating anyone with any actual laws or facts. You are just angrily repeating that she was told to do something and most of us are just ignorant. I hope your plan was to foment a little more distrust of the cops because you win that one.
Originally posted by Xcathdra
Also, what police agency do you work for?
Originally posted by Xcathdra
No kidding... I never said we could, so please dont put words in my mouth that I never said. What I have stated is the charge she is accused of is valid based on her actions. I said the officers actions in this case are valid. Nowhere did I say guilt, so please show me where I did.
Originally posted by Xcathdra
You guys have some very active imaginations. The SCI FI stories you come up with are great. However, as ive stated time and again, its not the same thing. While I respect your opinion on this part, I dont agree with it because you dont have an adequate understanding of the law or law enforcement.
Originally posted by Xcathdra
Why is this so hard for you and others to understand? Hell even the officer stated on camera she was under arrest for failing to obey a lawful command.
Originally posted by Xcathdra
BS.. quit sterotyping and making stupid comments would you please. Please provide your source that supports your claim that we use Bs charges to jsut arrest a person all the time.
Originally posted by Xcathdra
And once again, we have nothing to do with how the PA files a charge, drops it or amends it. We have nothing to do with the judicial side except to be called as a witness, and thats it.
Originally posted by Xcathdra
Please, learn, educate yourself on this topic.
Originally posted by Xcathdra
Says the person who does not know how the law works, thinking instead it should be based on your wrong opinion. Tell ya what, if I need legal advice, Ill contact my training sgt or the PA. If I need bad info based on ignorance and lack of understanding, you will be my first call.
Originally posted by ~Lucidity
What's was this recording even FOR? I guess I just don't get why this meant so much to her. Did she want to catch something juicy and sell it to the news? Protect her property rights in case someone stepped on it? Catch the cops doing something "wrong" so she could post it on ATS?
Ironic too that so many of the recorders are the very same people who freak out about all the big-brother cameras everywhere. Fighting fire with fire? Dumb.
Originally posted by Xcathdra
reply to post by jonco6
The cop told the lady to go elsewhere and away from them. The lady refused, and was arrested.
The report / charge is sent to the PA. They will review and decide if the charge is dropped, prosecuted or amended up or down.
As I have stated many many times now, being on private property does not make a person immune from a criminal charge.
Also, the officer is not tresspassing. He was effecting an arrest, and as such has a legal right to be on that property to effect the arrest.
Originally posted by Observer99
Originally posted by ~Lucidity
What's was this recording even FOR? I guess I just don't get why this meant so much to her. Did she want to catch something juicy and sell it to the news? Protect her property rights in case someone stepped on it? Catch the cops doing something "wrong" so she could post it on ATS?
Ironic too that so many of the recorders are the very same people who freak out about all the big-brother cameras everywhere. Fighting fire with fire? Dumb.
When people can't comprehend the difference between a populace policing its government, and a government policing its populace, we're all doomed to tyranny.
Originally posted by Xcathdra
Yes, proximity. Where she was located and where the officers were located, meaning the distance between her location and the officers location.
And once again, its irrelevant if a person is on private property. It does not make a person immune from criminal prosecution.
The safe distance, or proximity, is up to the officer, not the lady.
This is not a hard concept to understand. She didnt move her house ot the traffic stop, but her own actions did make her part of that traffic stop.
The officer gave the lady multiple opprotunities to move away and she didnt.
Originally posted by Xcathdra
Originally posted by Kitilani
Originally posted by Xcathdra
Fact - She was to close to the scene which caused the officer to notice her
By being on her own property? Why is this not making any sense to me.
Is there a law or ordinance somewhere that explains the limitations on my own movement around my property during a police stop in the street?
Again -
She was not arrested for being on her own property.
She was not arrested for recording the police.
She WAS arrested for failing to walk away when the offcier told her many times to do so.
People have a right to be in their front yard, and they have a right to record the police. They DONT have a right to act in a manner that distracts the officer, forcing the officer to divert his attention to the outside issue. A person does not have the physically touch or be standing in front of an officer to intefere with their duties.
I think you are missing the point he has no right to tell her what to do on her own property unless she is in violation of a law witch she is not filming is not interferance or obstruction
NEW YORK -- In May, the Rochester Police Department arrested a woman on a charge of obstructing governmental administration after she videotaped several officers' search of a man's car. The charge is a criminal misdemeanor. The only problem? Videotaping a police officer in public view is perfectly legal in New York state -- and the woman was in her own front yard. The arrest report of the incident also contains an apparent discrepancy from what is seen in the woman's own video.
The police department has launched an internal investigation. Good is scheduled to appear in court on Monday, where her public defender hopes the case will be dismissed. If that doesn't happen, Stare said, she was not afraid of bringing Good's case to a jury trial.
Originally posted by MikeNice81
***Edit To Correct
Actually the lawyer didn't really dispute it. She said that she was unable to determine if there were more people in the car. That is completely understandable if she didn't read the report on the traffic stop. Nobody is denying the people were there. They just haven't determined if they were or not. That is completely different than disputing it and much easier to do. Just refuse to read the relevant report and you will be "unable" to determine a lot of things.
link
On Thursday night I was at my friend's house when at about 9:45pm my friend and I saw flashing lights in front of the house. We both went outside to see what the commotion was about and we found two police cars blocking the street as they were performing a traffic stop. Later on a third police car pulled up making a total of four officers on the scene. The person pulled over was a young black male. It was unclear why the man was originally pulled over but one of the officers interrogated the man and accused him of possessing drugs. Not satisfied with the man's answers, the police took the man out of his car, handcuffed and put him in the back of a police car. After the man was detained, the police officers searched his car and found no drugs. The officers then released the man and said he was free to go. As the man drove away about 9:55pm he didn't appear to receive a ticket.
They didn't address the people in the car. So, let me give you a scenario I have seen numerous times.
A car is pulled over and there are multiple occupants. You run the license plate and it comes up belonging to a person that is a "known gang affiliate." You call for back up because you have no idea who is really in the car or their plans. Back up arrives and you aproach the car. You see the driver and realize that he is a suspected gang member. You ask him to step out of the car so you can keep him in the open where it is relatively safer. Back up stands by and monitors the other two guys. You cuff the guy and detain him while you do a Terry search and call for possible warants. It comes back that he has no wants or warrants so you cite him for the infraction and send him up the road.
Do you understand how it can work that a person is pulled out cuffed and not arrested? There is a difference between detained and arrested.
Once an officer has enough reason to detain someone they can perform a Terry Search. According to the Florida Supreme Court a Terry Search is defined as,
In most situations police officers conduct a search during the course of investigating a particular crime and the officers have probable cause either for an arrest or a search. However, in those circumstances where an officer simply encounters a suspicious situation, the officer still may be able to detain the suspicious person and engage in a protective search for weapons. Such a detainment and weapons search is referred to as a "stop-and-frisk" and may be constitutionally permissible even though there is no probable cause for either a full arrest or a full search.
edit on 23-6-2011 by MikeNice81 because: (no reason given)