Cop Tries To Swipe Camera From Occupy Sacramento Activist

October 5, 2011 @ 6:08PM

Cop Tries To Swipe Camera From Occupy Sacramento Activist

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A Sacramento cop attempted to swipe the phone of an activist, but backed off when he realized another activist was recording him.

As a result, we get two videos; a 3-second video showing the assault and a longer video showing him backing off while accusing the first activist of blocking traffic.

But the video shows the activist was standing on a sidewalk.

However, the video also shows he was holding up a sign stating “End Police Brutality,” so perhaps that caused the cop to strike out.

The incident took place Saturday during the Occupy Sacramento demonstration, just one of about 40 protests that are taking place around the country stemming from the Occupy Wall Street protest.

Comments

HONORYOUROATH

7 months ago

Yes, more citizens with cameras and less government cameras.We need legislation liberating the right of citizens to film government while at the same time severely restricting the governments ability to film and spy on us.

Clark

7 months ago

We'll see if you change your tone when the SWAT team bowls you over on the sidewalk because the cop behind the camera "thought" he saw you drop something "suspicious" sometime.

Mike Ross

7 months ago

We already have one; it's called the first amendment.

What we need is some affirmative penalties - specific criminal offenses - for those who *egregiously* infringe on the 1st.

I have no problem with being filmed in public; it's when this stuff crosses into spying of other kinds, and putting it all together into databases that I get worried.

I used to work in Royston - a sleepy little market town in England. This is where things can end up if we're not careful:

http://www.no-cctv.org.uk/blog/roystons_anpr_ring_of_steel_-_the_shape_o...

Mike

Bergman

7 months ago

We do have affirmative penalties. The trick is getting the cops and courts to enforce them.

What that cop did in the video is good for up to a year in federal prison, up to a $1,000 fine or both. Providing the prosecutor doesn't decide not to file charges.

Title 18, Part 1, Chapter 13, Section 242 makes it a federal crime for any public official to use their official authority under color of law to infringe upon or deny any statutory, civil or constitutional rights of any citizen. 18USC241 is essentially conspiracy (two or more people acting together) to violate 18USC242 and all penalties start off one step more severe.

At the most basic level, simply using one's authority to discourage the right is (as I noted above) good for a year in prison and/or a $1,000 fine. Use of non-deadly force does not increase the penalty, unfortunately.

If threat of deadly force (or actual use thereof) is involved, it jumps to 10 years in prison and/or a $10,000 fine. If anyone actually dies as a result of the violation of rights, the penalty jumps to life in prison or execution.

But since the law has been on the books (since just after the Civil War) only about 1.7% of the times someone has been arrested for violating 18USC242 has the prosecutor not dropped the charges.

Mike Ross

7 months ago

Interesting.

How hard is it to bring a private prosecution in the USA?

I don't mean file a civil suit, I mean bring and prosecute criminal charges yourself, rather than letting a DA do it.

In the UK it's certainly possible for most offenses; if the authorities drop the charges or decline to prosecute, you, personally, or a lawyer employed by you, can bring the charges before the court and force a trial.

This kind of private prosecution happens very rarely, but it does happen. Yes, the UK equivalent of the DA has the right in law to take over, and drop, such a private prosecution. But it's still an excellent check; it's one thing for a prosecutor to quietly drop charges, it's a whole different ball game for them to step in and use powers to intervene and prevent a trial that has started - that gets a lot of attention and gets them called to account.

Mike

hhamlet

7 months ago

Sad that the more cameras in the hands of citizens there are the more of these videos get posted. You would think the thugs would get it by now... Yet considering what they do in front of their own dash cams I guess this will never end.

I always have a camera on me. This year however I added a pocket video camera as well. Too bad the only time I needed it this year I was on the job so it was in the car. Plus I was in IL so I would be typing this from jail right now... I guess I should figure out how to use the video on the D300s.

kilroy238

7 months ago

So we don't know if the guy did in fact stop in the middle of the crosswalk when crossing but if you have the light and you're crossing and you stop is that even against the law. Seems to me the only traffic you'd be obstructing was someone running a red light.

I think his comment about wearing a mask is more telling of his attitude though.