El Paso deputy believes citizens do not have the right to videotape buildings


An El Paso County sheriff’s deputy proved to be clueless about public photography laws when confronting a TV news reporter a couple of weeks ago.

At first, the deputy figured the reporter was up to criminal mischief because he was videotaping a public building.

But when learning he was a news reporter, the deputy informed him that he was safe from arrest.

Anybody else, however, would be subject to harassment, arrest and false imprisonment.

This is what the deputy told the KTSM reporter:

“As long as you’re with the news no problem, but if you’re an ordinary civilian out here that has no reason to really record the building then that becomes an issue.”

Normally, this would have resulted in the reporter going about his business without further thinking about the absurd statement he had just heard.

But because the issue of cops vs photographers is such a hot topic in the country right now, they ended up doing a news segment on it.

And they got the district attorney to confirm that public photography is, in fact, legal.

“If you’re in a public place where you have a right to be you can take photographs whether you’re a news agency or a private person,” said El Paso District Attorney Jaime Esparza.

“Our right to public safety and security, unless it can be clearly described, is going to take a backseat to our right to take photographs and video.”

They also confronted Sheriff Richard Wiles about the incident, who, of course, brought up 9/11 as a reason to harass photographers.

But the sheriff also acknowledged that perhaps this might be a good opportunity to retrain his deputies regarding public photography laws.

“You know, we’ve had this talk before and we have to remind our people from time to time, and again this may be an area where we have to re-educate our workforce here.”

So lets’ hope KTSM does some follow-ups on that idea.

Comments

Anonymous
Anonymous

They should’ve named the moron deputy, so that he can be appropriately mocked. Public ridicule and shame is the only thing these people understand anymore.

Anonymous
Anonymous

I do not understand this formulation:

“Our right to public safety and security, unless it can be clearly described, is going to take a backseat to our right to take photographs and video.”

English is my second language, but to me this reads like the DA thinks the right to take pictures and video is a threat to public safety, albeit one proscribed in constitutional law?

Anonymous
Anonymous

Robert: Yes, it does sound like that (though you mean “prescribed” or “guaranteed” rather than “proscribed,” which has the opposite of the meaning you intend).
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Anonymous
Anonymous

Apparently all the press that this issue has been getting lately just isn’t enough or needs to be reported in big picture cartoon format that law enforcement can read.

Anonymous
Anonymous

Yeah, once the mainstream media passes over this and no one is looking, things will go back to “normal.”
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Anonymous
Anonymous

Is this sheriff up for election in November? Ours is and this should be a question raised at public forums. I think I will find out when the next one will be and go. I have not had any trouble with the sheriff’s dept. (just the city police) but it seems some others have.

Anonymous
Anonymous

I just wonder how they are going to be retrained. I’d bet it’s just to not say something as stupid as that to the press again. Keep harassing “private citizens” that are using a camera but don’t say anything so stupid to the press ever again.

Anonymous
Anonymous

It is a common, everyday tactic for Law Enforcement Officers to plead ignorance as it pertains to Citizen’s Rights – or anything else they’re feeling intransigent about at any particular moment.

That Police lie is acknowledged, institutionalized and permitted by law.

Additionally, courts have repeatably held that, so long as an Officer acts in “Good Faith”, even Warrantless Searches and Seizures are often permissible!

That a citizen or citizens may win Civil Rights Lawsuits against a Department or Departments seemingly does little-to-nothing to change that.

Kudos to the remnants of the Forth Estate for finally getting around to examining this issue.
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Anonymous
Anonymous

Cilvil suits? How about criminal charges for volation of rights. I always thought that is what we have an FBI FOR!

Anonymous
Anonymous

I am tired of this fucking double standard. Also, the reviews always say…”Well, the video doesn’t show the whole story.” Let us try that line when video is used against us.
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Anonymous
Anonymous

If you click the link to the KTSM web site you will see comments that imply the officer was wrong when he questioned the people filming.

Johnny Law should be able to clarify that better but I don’t think there is ANYTHING wrong with the cop asking the people filming questions about who they were etc. In fact I EXPECT them to do that, it’s their job to know what is going on within their area of responsibility.

Where the cop stepped over the line was when he started making up his own version of the law claiming that news crews are ok but us plebs aren’t. … bzzzt wrong Mr Badge man do not pass go, do not collect your pay, head straight for civil rights retraining and a big kick in butt.

Right Johnny?

Anonymous
Anonymous

Hazza , you make a very valid point. The cops do have a right to ask questions. But we also have the right to not answer those questions. If we choose not to answer those questions, we should not and cannot be automatically be assumed to be breaking some law. It is in situations like that that officers get a bit of a control complex and demand that you do things and give threats of arrest. This is without you breaking any law or being suspected of breaking any law. Cops do have a tough job, but it is not my responsibility to make it easier for them. If they can use deadly force at the drop of a hat, I’ll reserve the right to protect myself from any prolonged contact with them.

Anonymous
Anonymous

Bob and Hazza are right. There is nothing stopping an officer from coming up and asking someone what they are doing. And there is nothing stopping that person from ignoring the officer or saying he doesn’t consent to this conversation. Unless the officer has some kind of articulable reason to detain the person, refusal to answer is pretty much a show stopper.

We call these types of stops consensual and officer do them quite often on suspicious persons where we don’t have much else to go on (for example, an anonymous call of a person selling dope the street corner).

We are taught in the academy that if we don’t have anything stronger, do a consent stop and see if you can get to the bottom of things that way. Also, a consent stop can develop additional information that will allow the officer to turn it into a legal detention.

Anonymous
Anonymous

They did a followup story.
http://www.ktsm.com/news/tempers-flare-over-photography-story

The El Paso County Sherriff’s official Facebook has a poll going asking “IN YOUR OPINION,… DID THE SHERIFF’S DEPUTY DO ANYTHING WRONG IN TRYING TO FIND OUT WHAT WAS TAKING PLACE? PLEASE LET US KNOW WHAT YOU THINK.”

I don’t do facebook, so I couldn’t find a link for the poll.

The deputy was wrong in saying that non-news people recording a building is an issue.

About 2 months ago, I had to go to that very same building for jury duty. After I got dismissed, I spent a couple hours taking pictures of the beautiful old buildings downtown. Nobody harassed me and I was a little disappointed. I was ready to assert myself.

Anonymous
Anonymous

A fitting response to an officer who asks what one is doing when that person is clearly not doing anything wrong is “I’m minding my own business and I don’t need any help, thank you.”

The deputy stepped on his dick.

Anonymous
Anonymous

I live in El Paso, and have experienced this first hand, but with the PD.

I was in my house, and took pictures of two police officers peeking into my side windows. When they noticed I was taking pictures of them they rang my doorbell, and one officer hid while the other told me to come outside, and stop filming them or they would arrest me.

Two nights later at midnight they showed up beating on my door with a warrant for my arrest, even though I never stepped out of my house, I continued to tell them over and over that I did not want to speak to them. Good thing is when I go to court I have them on HD video stating that they would create a warrant if I did not come out and talk to them.

Hopefully soon I will post the story, and give Carlos more details about the situation, but right now I need to keep my cards close to protect myself.

Anonymous
Anonymous

“Also, a consent stop can develop additional information that will allow the officer to turn it into a legal detention.”

This is precisely why no one should engage the police in conversation. When you do so, you’re putting yourself in grave danger.

Anonymous
Anonymous

The best site for information about NOT talking to the police is
http://flexyourrights.org/

Anonymous
Anonymous

Guy In El Paso // Aug 18, 2010 at 10:30 AM #16

————————————————–

Taking “Guy In El Paso’s” post #16 at face value and that things happened as written (having NO concrete evidence that points otherwise.. and am not suggesting any thing differently), I’m once again amazed at the lack of rebuttal from some of those here (who will remain anonymous because I don’t want to be accused of “calling them out”)..

“Why haven’t you commented on the actions of the two officers involved?”

We all know if it were some of us here peeking into a residence window (especially if it was at night), we most likely would be arrested as a “peeping Tom”.. but these two…….

What I’m really waiting for is a answer to their actions at the “Midnight” fiasco. Of course (and I forgot), in some peoples eyes, cops doing things like this is perfectly OK and within the norm.

Rail Car Fan

Anonymous
Anonymous

RCF,

COPS CAN DO NO WRONG!!

What else is there to say?

Anonymous
Anonymous

Yup. Just ask the Bastrop TX chief of police, who was arrested for DUI a few nights ago.

We cannot banish dangers, but we can banish fears. We must not demean life by standing in awe of death. -Halloween

Anonymous
Anonymous

3 of the most important videos you may ever watch…

http://www.youtube.com/watch?v=i8z7NC5sgik

http://www.youtube.com/watch?v=08fZQWjDVKE

http://www.youtube.com/watch?v=is-c29EKVgw

And a video of these lessons in action…

http://www.youtube.com/watch?v=UCdpDg_PJLY
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If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions. Do you think so? Air Jordan

Anonymous
Anonymous

It would be different if the police had been SO successful preventing terrorism by harrassing citizens who are taking photographs in public. But to my knowledge no crimes have been prevented.

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