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*Video* Almost arrested for video taping police in public

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  • *Video* Almost arrested for video taping police in public

    LINK TO VIDEO:
    http://video.google.com/videoplay?do...g+police&hl=en

    So I test radar detectors once in a while and on my way home stopped in this known speed trap. I had the video camera on the whole night while driving and was always in the same position (between my passenger seat and the head rest)

    I pulled behind an officer (about 2 car lengths between us) in this small municipality that is about a mile long and writes tickets all day, every day. 59% of their towns revenue comes from traffic tickets. I believe there are only 3 officers. I have never gotten a ticket nor been pulled over here before. The state is also pursuing taking over this PD for the multiple allegations of sexual misconduct within the last year and the simple fact there is no need for this PD as the county takes care of all their calls.

    So after about 2 minutes, the officer makes a U-turn, turns on his emergency lights, and makes another U-turn right behind me. He orders me out of the car. He asks me what I'm doing. I tell him. "5th amendment officer". He has to ask what that is. He then tells me that video taping the police is a felony. I said I have freedom of press and he told me that didn't apply to me and that I wasn't the press. He said if I wanted to video tape them, I would have to get approval from the state and their city hall. He said, "I’ve actually passed the portion of law I need to understand the rights on the United States government and state of Missouri". But yet he doesn't know what the 5th amendment is?

    After 15-20 minutes he decided to let me go, but told me if I came around again, he was going to arrest me. He also said he put a note on my name that other departments will see if I do the same thing.

    I'm currently taking law classes now and have researched my state statutes and local ordinances extensively. It is not illegal to video tape the police in public. BTW I'm in Missouri. We are not one of the states that have an eavesdropping law either.

    I'm curious to see what other LEOs have to say. My main concern about this is that such a small department, with so many serious alligations and lawsuits, would be so concerned that they were being video taped.

    Please don't think I am some cop hating kid. I have a high respect for the law and officers that do their job correctly.

  • #2
    Originally posted by Maxima Lover
    LINK TO VIDEO:
    http://video.google.com/videoplay?do...g+police&hl=en

    So I test radar detectors once in a while and on my way home stopped in this known speed trap. I had the video camera on the whole night while driving and was always in the same position (between my passenger seat and the head rest)

    I pulled behind an officer (about 2 car lengths between us) in this small municipality that is about a mile long and writes tickets all day, every day. 59% of their towns revenue comes from traffic tickets. I believe there are only 3 officers. I have never gotten a ticket nor been pulled over here before. The state is also pursuing taking over this PD for the multiple allegations of sexual misconduct within the last year and the simple fact there is no need for this PD as the county takes care of all their calls.

    So after about 2 minutes, the officer makes a U-turn, turns on his emergency lights, and makes another U-turn right behind me. He orders me out of the car. He asks me what I'm doing. I tell him. "5th amendment officer". He has to ask what that is. He then tells me that video taping the police is a felony. I said I have freedom of press and he told me that didn't apply to me and that I wasn't the press. He said if I wanted to video tape them, I would have to get approval from the state and their city hall. He said, "I’ve actually passed the portion of law I need to understand the rights on the United States government and state of Missouri". But yet he doesn't know what the 5th amendment is?

    After 15-20 minutes he decided to let me go, but told me if I came around again, he was going to arrest me. He also said he put a note on my name that other departments will see if I do the same thing.

    I'm currently taking law classes now and have researched my state statutes and local ordinances extensively. It is not illegal to video tape the police in public. BTW I'm in Missouri. We are not one of the states that have an eavesdropping law either.

    I'm curious to see what other LEOs have to say. My main concern about this is that such a small department, with so many serious alligations and lawsuits, would be so concerned that they were being video taped.

    Please don't think I am some cop hating kid. I have a high respect for the law and officers that do their job correctly.

    So, what is the 5th amendment?

    Comment


    • #3
      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      Comment


      • #4
        Next time ask him what law forbids you from videotaping him. If there is a law that does so, be prepared to spend a lot of time and money to not get convicted, even if you believe the 1st amendment allows you to do so.

        Comment


        • #5
          A typical troublemaker. You have your police scanner, radar detector and are actively searching for a cop to harass. Why dont you just pay your damn ticket and slow down next time.

          You pull in behind me and park like that, Im going to find out what your doing as well. You are correct on the video however, anything we do in public can be videotaped.

          Comment


          • #6
            Yes ATC, that is it. I don't have to tell him what I'm doing especially when he accuses me of a felony.

            Junkie, I've talked to some of my law professors and they told me they can't prohibit me from video taping in public. My right to free speech includes the right to gather information. This isn't always the case in semi-public places like malls.

            Here is a similar case where the person was actually arrested.
            http://www.thenewspaper.com/news/05/541.asp
            He sued and received $41K. Now I'm not looking to get rich, but instead make sure this officer understands the law.

            Comment


            • #7
              He probably pulled in behind you for his safety. I wouldn't want to be sitting in a police car and have a random person park behind me. He doesn't know your intentions.

              Comment


              • #8
                Originally posted by futurencLEO
                He probably pulled in behind you for his safety. I wouldn't want to be sitting in a police car and have a random person park behind me. He doesn't know your intentions.
                I don't think it was the officer questioning him that upset him, it was the being told that videotaping is a felony.

                Comment


                • #9
                  Originally posted by Night_Cop
                  A typical troublemaker. You have your police scanner, radar detector and are actively searching for a cop to harass. Why dont you just pay your damn ticket and slow down next time.

                  You pull in behind me and park like that, Im going to find out what your doing as well. You are correct on the video however, anything we do in public can be videotaped.
                  No, I'm not a typical troublemaker. I was not looking for a cop to harass.

                  I have no problem with the officer making the initial stop. I can understand if he might be concerned about his safety. That does not seem to be the case as he doesn't say one word about his safety except while he is searching me.

                  Comment


                  • #10
                    Welcome to Loser-dom, Maxima Lover! The cop may have been BSing you a little there, but he's not the one with nothing to do in his spare time. Your foolishness could have hindered a rapid public safety response if any of your kinfolk required a gerbil extrication that evening.

                    Comment


                    • #11
                      Why didn't you just tell him what you were doing, instead of the "5th amendment officer" crap. Just because you have the right to be an *******, doesn't mean it IS right to be an *******.
                      Guns don't kill people. Chuck Norris kills People.

                      Comment


                      • #12
                        There are locations in our larger cities where you would be ordered out at gunpoint, and proned out on a sidewalk.
                        Hell, in the dark, he doesn't know why a car is shadowing him. This tactic has been used to set up and shoot a police officer, just for the prestige the idiot shooter will have in prison.

                        Video-taping police should be left to COPS tv show. Otherwise, it is presumed that you are like the clown who took the Rodney King Video, and the Editors who trimmed it for public consumption--You are just looking for the officer to make a mistake.

                        Comment


                        • #13
                          Originally posted by Maxima Lover
                          LINK TO VIDEO:
                          http://video.google.com/videoplay?do...g+police&hl=en

                          So I test radar detectors once in a while and on my way home stopped in this known speed trap. I had the video camera on the whole night while driving and was always in the same position (between my passenger seat and the head rest)

                          I pulled behind an officer (about 2 car lengths between us) in this small municipality that is about a mile long and writes tickets all day, every day. 59% of their towns revenue comes from traffic tickets. I believe there are only 3 officers. I have never gotten a ticket nor been pulled over here before. The state is also pursuing taking over this PD for the multiple allegations of sexual misconduct within the last year and the simple fact there is no need for this PD as the county takes care of all their calls.

                          So after about 2 minutes, the officer makes a U-turn, turns on his emergency lights, and makes another U-turn right behind me. He orders me out of the car. He asks me what I'm doing. I tell him. "5th amendment officer". He has to ask what that is. He then tells me that video taping the police is a felony. I said I have freedom of press and he told me that didn't apply to me and that I wasn't the press. He said if I wanted to video tape them, I would have to get approval from the state and their city hall. He said, "I’ve actually passed the portion of law I need to understand the rights on the United States government and state of Missouri". But yet he doesn't know what the 5th amendment is?

                          After 15-20 minutes he decided to let me go, but told me if I came around again, he was going to arrest me. He also said he put a note on my name that other departments will see if I do the same thing.

                          I'm currently taking law classes now and have researched my state statutes and local ordinances extensively. It is not illegal to video tape the police in public. BTW I'm in Missouri. We are not one of the states that have an eavesdropping law either.

                          I'm curious to see what other LEOs have to say. My main concern about this is that such a small department, with so many serious alligations and lawsuits, would be so concerned that they were being video taped.

                          Please don't think I am some cop hating kid. I have a high respect for the law and officers that do their job correctly.
                          Kid, I have to tell ya, don't pull any of that crap here in Nevada, your car will be on the back of a tow truck and you will be in the back of a paddy wagon on the way to county jail. Your video camera, and your 5th amemdment crap will be inserted into your "no no spot."

                          Why do you drive around with a camera in your car anyhow? Filming the small children at the local schools or parks? Maybe you are setting the cop up to be killed by one of your fellow gang members and you are video taping it to show your homies...

                          What type of knucklehead do you have to be to pull up behind a cop, at night, without having an emergency, let alone to video tape him/her? Did you ever stop to think that cops can be ambushed this way? here's some free advice for you, The only people who ride bicycles, use pay phones and have scanners are criminals.

                          I can tell you I work with the media from time to time and they would never pull a bonehead move such as yours...

                          Your next paper you turn in for your law class will be

                          " The life lesson's I learned from the nice officers who risk their lives every day for me, and how my cellmate played hide the sausage while I was in the holding tank." Then you can answer to the judge for the various charges you will be facing.

                          You need to grow up and or get a new hobby. Your current one is going to get you into trouble you don't want....

                          Comment


                          • #14
                            Originally posted by Maxima Lover
                            I tell him. "5th amendment officer".
                            Wow. That's brilliant. Maybe you should take another law class. The Fifth amendment doesn't apply in this situation. Has nothing to do with an officer asking you a question in the field when you're not in custody.
                            Last edited by SRT936; 11-27-2006, 11:32 PM.
                            \

                            Comment


                            • #15
                              Originally posted by Maxima Lover
                              59% of their towns revenue comes from traffic tickets. I believe there are only 3 officers. I have never gotten a ticket nor been pulled over here before.
                              then how do you "know" 59% revenue comes from tickets?
                              same for the 3 officers?

                              Comment

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