DUI Checkpoint Activist Still Waiting To Get Sued By Camera Shy Cop
It’s been more than a month since a Missouri Highway Patrol officer threatened to sue Michael Mikkelsen if he dared to upload a video he had taken of the officer in public.
Mikkelsen is still waiting for that lawsuit.
Mikkelsen is an activist in Kansas City, Mo. who warns motorists of DUI checkpoints by holding up a large cardboard sign.
He also live-streams the checkpoints from his iPhone. He has more than 300 followers on Twitter, many who use him to avoid the checkpoints.
Last month, he had an altercation with an ignorant Missouri Highway Patrol officer who accused him of “suspicious activity” for videotaping and told him he needed “expressed consent” from everybody he was videotaping.
The officer also threatened to sue him if the video appeared online, according to a Kansas City Checkpoint activist site.
That part is not in the above video, but it didn’t need to be because the cop already said enough to prove he was an ignorant, bullying blowhard.
But Mikkelsen has also had positive experiences with officers.

Can you fix the focus on a blurry photo after the fact?
The birth of Mirrorless Cameras
Choosing your first dSLR camera
New York City can be beautiful!
The Fujifilm Finepix X10, A Review
Choosing the Right Light Stand
Photojojo iPhone Telephoto Lens review — AudioCast
My week with Q
How To Become A Successful Photographer
"When the Wind Stopped" — poem with 4 photos
Tips for Textures
Butterflies in Motion
Cast aways - saving those photographic memories
One Man Show: My 25 Years With Digital Photography
Studio, Flash, & Available Light — Three Books Reviewed
Portrait styling: dangerous pairings
Adobe Photoshop CS6 Product Managers Interview Audiocast
A gift of flowers: unfold your senses
On Set of "Love & Robots" the Film
Ilford Galerie Gold Fibre Silk Inkjet Paper — Audiocast











Planning “National Geographic” style photo travel
Wilderness Travel 1 Rainforests – Essential Gear
Backlighting Basics
A Brief History Of Light & Photography: Part 3 of 3
A Brief History Of Light & Photography: Part 2 Of 3
What Moves You?
FIGURES IN MOTION: Decades of Evolving Personal Imagery in Photography, Part 7
Lomography Store, Austin, Texas — GALLERY
GALLERY — Up to $1,000 Reward for Cattle Rustlers
eyePhone: The eBook for iPhone Photographers
Taking your Portraiture Higher
Interview with Harold Davis — Closeup Maestro of Flowers & Water Drops
Interview with Steve Caplin — Photoshop Digital Artist, Commercial Illustrator, & Author
Easy technique to select, edit and sequence keywords for web
How much should you charge for a photograph?




























Comments
Tell the cop he has express written permission to film, then hand him a copy of the Constitution.
geuss this cops IQ hahahaha. just goes to show what everybody knows police officer = liar,
"This officer is wrong on several points. Permission is not required to film in a public place. Not just police officers but anyone. There is no expectation of privacy in public. Many court decisions up to and including the US Supreme Court support this. It's also covered by the First Amendment.
The officer mentioned a "Terry Stop." In a Terry Stop and officer must have a reasonable suspicion that a crime has been or about to be committed and must be able to articulate that. In this case, the officer had no justification for the Terry Stop because there is no crime here.
The vidiographer was clear across the street from the check point and could not have been interfering with the officers as they performed their duties at the checkpoint.
This is obviously a case of the officer trying to intimidate the vidiographer because he didn't like him being there. This is a common situation throughout the US. People are becoming aware of this and are standing up to these officers by asserting their rights."
As posted on Google+ with a link to this page.
Can you name the case? Both your comment and the videographers comments allude to "court decisions" [plural] that support the assertion made. Are either willing to source that evidence? It would be useful to have at least one decision printed and carried in a photo bag to be able to cite. Besides model releases, I always carry some legal information such as my states loitering law (that does require me to give my true first and last name), TSA regulations, and the Federal Service letter regarding photography on federal property.
I believe the photog lost a chance to make a point with the police. Once the cop said it was a detention and he was making a Terry Stop, the photog had the cop by the short hairs. The detention was bogus but the order should have been obeyed re id. Give your name orally (no spelling, Jr etc, or written id or address) Keep filming and shut up. You do not need to do anything further unless it goes to an arrest. The cop can detain you for 20-30 minutes while he checks out what info he has. Don't give him anything else. He can do a pat down if he thinks you might be armed and are dangerous. After the detention, COMPLAIN LIKE HELL!! Complain to the supervisor on scene, go to the precinct and complain to the supe there. Visit during the day and complain to the commander. Sign complaints. Speak at the city council meeting. Write the newspaper. Try to get the ACLU or a lawyer involved. Unless MO requires permission from both/all parties to record, and every tourist in Branson is a criminal photographer, the stop was bogus.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
That pretty much forbids stopping people who are taping public officials in public places carrying out their public duty. It also should prevent law enforcement from stopping people in their cars who are not suspected of any crime. DUI checkpoints should be banned.
Well the supreme court has ruled that DWI checkpoints are constitutional, since the constitution gives them the authority to determine what is and what isn't constitutional, then they are certainly constitutional. OF course the supreme court has also said owning other human beings is constitutional.
What this cop did was certainly against the law. The checkpoint itself was not.
"since the constitution gives them the authority to determine what is and what isn't constitutional"
Care to elaborate in this claim?
No followup?
Judicial review of executive and legislative acts isn't in the constitution. Perhaps you're thinking of Marbury v. Madison, the precedent-setting case in which the court decided it had the power of judicial review.
Exactly right re stopping the taping. The stop was bogus but there were no consequences as it played out. Oh, a bunch of out-of towners got to see this but that has no effect on the cop's world. But if he was called on the carpet by his captain, his district commander, the mayor, the DA, a civil court and maybe a federal court (official oppression under color of law) that would be a horse of a different color. If the police force was ordered to apologize to the photog, pay him damages, provide 4A/5A training to the officer and the whole force, get the whole mess written up in the press, forced into a settlement agreement allowing some outside organization to monitor performance via mandatory record keeping, etc, etc-that is a positive outcome. Recording and then backing off with no follow through was entertaining but nothing more. Use the system don't just rail against it.
Right ON Brother!!!
Carlos,
It may be a good idea to start a page, a lawyer’s blog, which has legal advice from one of the lawyers you know. A lawyer would know the correct way to handle so many of these situations since they pop up over and over again. What to say, what law is to be used, how to explain it correctly, and so on. This would be of great importance to many that follow you and have done so through the years. I know there are the “photographer’s rights” but using some of the video and breaking it down would help tremendously. Thank you for all you do. Just a thought.
If a citizen needs "express consent" to record people in public shouldn't the cops need the same consent to record citizens via their dash cams and other recording devices?
What would rogue cops do without that catch-all adjective "suspicious" that doesn't really mean anything...
that cop is all dork
either cops don't actually know the laws, or they make them up as they go and just hope we all are too intimidated or too ignorant to know our rights.
Post new comment