Alaska Reporter with Video Camera Detained by Private Security Guards

A reporter with a video camera was detained by security guards of a republican politician in Alaska after the reporter asked him a controversial question.
Security guards of Republican Senate candidate Joe Miller grabbed Tony Hopfinger, editor of the Alaska Dispatch, and handcuffed him, detaining him against his will in a hallway for 30 minutes.
Hopfinger said they also confiscated his camera and deleted footage from the scuffle.
The security guards told Hopfinger he was under arrest and threatened other reporters with arrest if they dared ask the detained reporter any questions.
Despite the threats, a reporter from the Alaska Daily News asked Hopfinger what had happened.
Hopfinger, who was holding a small video camera, said he was attempting to draw out a statement from Miller on why he was disciplined by the Fairbanks North Star Borough when Miller worked there as a part-time attorney. After Miller walked away, Hopfinger said, he was surrounded by Miller supporters and security guards and felt threatened, so he pushed one of them away.
Miller is accusing Hopfinger of assault on his website under the headline, "Liberal blogger 'loses it at town hall meeting'."
Even though Joe had spent nearly an hour freely answering questions from those in attendance, the blogger chased Miller to the exit after the event concluded in an attempt to create and then record a ‘confrontation’ with the candidate. While Miller attempted to calmly exit the facility, the blogger physically assaulted another individual and made threatening gestures and movements towards the candidate.
Anchorage police arrived on the scene and ordered the security guards to release Hopfinger.
The security guards deny confiscating Hopfinger's camera and deleting his footage.
But they did try to prevent other videographers from videotaping the incident, leading me to believe that they did delete the footage.
One of the guards grabbed Hopfinger's video camera. Later, Hopfinger said that when he got the camera back, the segment covering the span of the arrest was missing. An Anchorage police officer offered to take the camera into custody and have it examined in the crime lab to investigate whether evidence had been destroyed, but Hopfinger declined. He said he needed the camera and the remaining video for his work.
The guard who grabbed the camera said Hopfinger had dropped it in the scuffle and denied erasing anything. The guard wouldn't give his name.
While Hopfinger was still in handcuffs, the guards attempted to prevent other reporters from talking to him and threatened them too with arrest for trespass. A Daily News reporter interviewed Hopfinger anyway. No other reporters were arrested, though a few shoving matches and chest bumps ensued as the guards attempted to cordon off Hopfinger and block photographs and videos from being taken of the bizarre school scene.
The guards accused Hopfinger of trespassing, despite the fact that the event was held in a public school and the general public was invited to attend.
The 3 p.m. town hall was billed by the Miller campaign as a chance for voters to "hear Joe Miller speak for himself." It was hardly a private gathering. In a Facebook message, the campaign urged Miller supporters to bring their "friends, colleagues, family, acquaintances, neighbors." And continuing what has become its anti-media theme, the campaign added, "Don't let the media skew your views."
But security guards say that despite the event being open to the public, it was still a "private event."
William Fulton from Dropzone Security Services said Hopfinger should have known from the "Joe Miller for Senate" signs outside Central Junior High School that the town hall meeting -- to which Miller invited citizens on the internet sites Facebook and Twitter -- was a private event.
"They leased it for a private event," said Fulton. "It wasn't a public place." That, he said, gave him the legal authority to tell Hopfinger to leave, then grab him and handcuff him when he didn't do as told.
Hopfinger said he had no idea who Fulton was. The security guard was in a black suit, not a uniform, Hopfinger said, and refused to identify himself.
"He throws me up against the wall," Hopfinger said. "He handcuffs me," and even then Fulton refused to identify himself.
The district attorney's office will decide whether to charge Hopfinger.
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Comments
He should use recovery tools to get the footage back.
Last I knew very few security guards could "arrest" anyone. I know I wouldn't allow it. As a citizen you can citizen arrest someone in most states if you witness them commit a felony. Mileage may vary.
Here is my question the security guys have one story, what do the other photogs say and what video/picures do they have? I'd like to hear the whole story. As far as him push a guy, probably justified, he didn't slug him..
Private security guards are also citizens. They have the same rights to a citizen's arrest as anyone else. I've always been told that if it isn't clearly declared that a citizen's arrest is being made, it can be considered kidnapping. I'd like to hear some attorney's viewpoints on this. Can Fulton be charged for not identifying himself as a security guard making an arrest?
If the blogger did feel threatened though, he was entitled to defend himself. At least that is how it has worked in all 8 of the states I've lived in (I imagine Alaska is the same though I don't know for sure). If someone invades your space, won't back off, and if you feel threatened by them, you have every right to knock their teeth down their throat in defense of yourself.
The point I was making was that it was my undestanding that citizens arrests are limited to serious actions, simple assault, doesn't rate, and it was also my understanding that as the arrester you could be charged with kidnapping if you chose unwisely. As far as the "assault" it is clear he was putting distance between him and the other fella and not assaulting him.
Did you notice the BS about private/public event. What an idiot..
Oh I understand. No worries.
"Did you notice the BS about private/public event. What an idiot.."
Baffling isn't it? Don't think about it too long or your nose will start bleeding. :)
Alaska Citizen Arrest:
Abstract: When a citizen witnesses the commission of a misdemeanor, Alaska law allows that citizen to arrest the offender on the spot. A citizen making such an arrest may request assistance from a police officer rather than physically subduing the offender alone. However, Alaska law does not clearly define how much assistance police may give before the citizen's arrest becomes a warrantless police arrest.
http://findarticles.com/p/articles/mi_7769/is_200705/ai_n32226288/
Those guards look like bunch of secrete service. I guess they watch too much movie.
USA lately becomes a police state.
They're soldiers, from a nearby military installation. It's about to go FUBAR.
Is that a fact. They do look like soldiers with their jar head hair cuts. They all look like they are about 19 or 20 years old as well. This should stand as an early warning to all of those who think letting the military patrol on American streets is a good idea. Their trained to subdue and quell a combatant populace using what ever means they have at their disposal with only superficial concerns with civil rights. Another thing is that all to often when young soldiers are left to their own devises with out senior supervision things can get out of hand. It's just youthful indiscretion mostly but that hardly matters when your on the receiving end of the abuse.
Good on the real cops for understanding that the deleted footage was a problem worth investigating, big fail to the reporter for not handing over the camera to get these schmucks prosecuted.
I'm sure it's hard from an employee point of view, but making sure you have same coverage twenty other outlets have isn't nearly as important as turning up some heat under abusive schmucks.
As to the detention, yeah, he was trespassing. Being a publicly-owned building does not guarantee unlimited public access. Anyone think he could show up during the school day and refuse to leave? Then why do you think he can do it at some other time?
But a reasonable private detention for trespassing comes nowhere near allowing for destruction of footage or barring other reporters from interviewing the "suspect". That's what the focus needs to be on.
You state he WAS trespassing, how? Nowhere in the article does it state they asked him to leave and he refused, if it is there then point it out. That is a required element for trespassing basically everywhere. The quote from "Fulton" is sketchy at best.
This was plainly a public event, asking a controversial question doesn't change that, stating it is private is not compelling. Attendence was not limited.
Just judging from "the guards attempted to prevent other reporters from talking to him and threatened them too with arrest for trespass." The guards lack the understanding of what trespass requires. Simply not doing what you are told is not trespass, they MUST ask you to leave and you refuse after a short time it becomes trespass.
And you are right destruction of private property and attempting to bar the other reporters was pretty over the top and should be investigated. As far as not turning over the camera, I doubt you would have either.
What other video or statements exist? Perhaps from someone without a hand in all this?
Make this a point in the election, try to lose votes for him. This will probably bite more than any other thing you could do.
The Joe Miller campaign has a facebook page.
http://www.facebook.com/JoeMillerAlaska?v=wall
Anchorage Daily News says Joe thinks that if the East Germans could control their border that we should be able to also:
http://www.adn.com/
I think this candidate has lost any chance of winning now.
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