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almost 2 years ago
59 articles submitted
Source: Yahoo News
December 08, 2011
Also sometimes when they say charges are dismissed it's because it's an ACD (adjournment upon contemplation of dismissal). It's as if it never happened as long as they stay out of trouble. If it wasn't an ACD and was an outright dismissal, I've seen that happen m,any times when the charges were justified, but the DA or Judge didn't want to be bothered with a "minor" charge.
We're just going to have to agree to disagree, but any LEO can tell you that just beacuse the media gets a copy of the Police report doesn't mean it gets reported the way the report is written. Many of the LEOs I know say whyenj they see news stories of events they were at and may have even given a statement to the press it still is as if it is a totally different event than what they were at. The media can and will put a spin on the Police report. Just because they have the report doesn't mean they have to report it accurately. Trust me they often don't when it comes to reporting the LEO side. If they reported it accurately, the news wouldn't sell.
...and don't forget...the charges WERE dismissed. A night in jail for stepping inside a "barrier" formed by bicycle racks is an overreaction--no matter how you slice it.
Full disclosure: I've been on the receiving end of this bias against photography enough to know what occurred is entirely plausible. It just rings true to me.
Zzzz. I bet we're getting his side of the story and what's on the police report--which is generally included in any court proceeding. In other words--we are getting both sides. Period.
Regardless of the barrier--it looked like a public space. Without signage or a guard, there's no reason to assume it is restricted.
Again, whether there was a sign or not, a fence or other barrier put up is there for a reason. He said he had to move it which meant he knew it was blocking for a reason. LEOs all the time have people going around cones or other type of barricades blocking people from going around and when stopped say they went around to see why the barricade was up. Remember MZ you are only getting his side of the story. He may not have been as polite as he makes himself out to be. Many people will say to the LEOs, especially those protecting the Govt building as that they have the right to go wherever they want to. you can't prevent them from going around, You say rules have to be clearly posted, but common sense also has to kick in and say when there is a barricade up its there for a reason. I repeat, we are only hearing his side from a news site that doesn't always post Law Enforcement in the most positive light. I wondered if they even asked the LEOs for their side of the story or did they just print his side?
The rules have to be clearly posted...
Gotta follow the rules....
It was a public street but it had been cordoned off with bike fencing--basically a bicycle rack.
I am sorry but if you are in a legal place such as a public street you can and should be able to take photos of anything or anyone even without their permission. Now if you are 'in' a restricted area where you cannot be unless you have permission then you must follow any rules that the 'owner' or person in control of the area places. We as police are allowed to use that "plain view" doctrine for anything we wish to record or even seize for cause. This is also why we are allowed to take photos of people who are going into and out of private establishments or even private homes. Someone 'might'
arrest you and/or even charge you but the charges will not stick and I also believe that you could win a lawsuit against anyone that does so.
I don't think it would've been an overreaction to give him a rebuke, but a night in jail? You can see the "barrier" has no signage indicating it was a restricted area and nothing securing to prevent people from moving it. Also, the charges were dismissed. Like his wife said, a simple rebuke (i.e. "Don't do that again"), particularly where there was no clear indication that the 3 foot high barrier (which he theoretically could've just stepped over gingerly) was meant to keep people out. Perhaps they should put some signs up and secure the barriers.
While initially it may appear to be an overreaction, in watching the video, he admits to moving the fence so he could take a picture. He says he didn't know it was a restricted area and yet he also says he moved the fence out of the way. That fence even temporary was there for a reason. Just like when Police Agencies put barriers such as crime scene tape up or their vehicles across the road to prevent people from going across, you always get some crossing and then saying they didn't know they couldn't. I also would like to hear the Secret Service viewpoint, although I know they more than likely are prohibited from giving their view. Remember the media tends to be very slanted when it comes to Law Enforcement. Imagine if the man had done the same thing in front of a reporter and they hadn't arrested him, then the media would be screaming that they weren't doing their jobs. Simple thing is to not move a fence or any other type of barrier out of the way so you can get a better picture. It is there for a reason.
That's precisely what they said--they won't be visiting the Capitol unless absolutely necessary.
OOP'S, I guess they won't be doing that again.
This is pretty commonplace, unfortunately--people either being told they can't take pictures, threatened with arrest, or actually being arrested. I was yelled at while on a public street taking pictures of the plaques at the entrance to West Point. I've been yelled at on the street at more than a couple places in Chicago as well.
This is all over-reaction from 9/11.
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