Man Convicted After Recording Police Plans Appeal

A man who was arrested in Tampa last year after video recording police in public was convicted this month in what appears to be a conviction ripe for appeal.

Jeff Patch was found guilty of obstructing or opposing an officer because Judge Eric Myers said that he had placed officers “safety at risk,” according to Fox Tampa Bay.

However, the video, although dark and grainy, shows that Patch was complying with officers when they ordered him to step back. In previous reports, Patch said he stepped back 15 feet.

The video shows police confiscating his phone, then arresting him as soon as he told them he was recording.

"I am just letting you know that I am recording this conversation,” said Patch on the video. The officer responds, “Oh, can I take this from you?"

In fact, they kept his phone as evidence, which indicates they did not just arrest him for obstructing but for video recording them.

I spoke briefly with Patch’s attorney, Jordan Tawil, on Thursday who said they plan on appealing the case.

We had set up a phone interview between myself, Patch and Tawil for 1:30 on Friday to allow me to get more details, but they never called and I'm not going to hold this story any longer than I already have.

Right now, the only news story I found is the one I linked to above, which got picked up by Police One, where commenters are having a field day with the conviction.

Mr. Patch and other "Reporters" when your told to step back and you are THIS CLOSE then you refuse a lawful order as shown in the video; you will be arrested.

My advice to you Mr. Patch? Get a real camera and stand back; preferably in the next state..

I have no problem being "filmed" but if you are right on top of me I'll arrest you if you don't follow a legal order to step back.. Then I will take your "video" and use it as evidence..

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Don't stick your nose in others' business. I'm glad to see some "I'm only filming this to protect everyone" idiot finally get dobbed for his self righteous sense of entitlement. I get so tired of these tree huggers acting like the Police are the bad guys. It's even more feather legged, but I know of a woman who tried this crap here in TX and got arrested for filming Officers when they were in their cars with the MDCs on. They got smart and charged her with dissemenating TLETS info since the officers had confidential info on the screen and she posted it on the web. I'm sure her intent was just to be an idiot like this guy adn didn't know what was on the MDC, but there's more than one way to skin a cat. That's the problem with our society. People should trust us, but there is no sense of respect for the authority have or the fear that should be in the back of their minds of stepping over the thin blue line.

e_myers.jpg

Comments

Unfortunately that is the mentality down here in Tampa/Hillsborough County. Many will use something else other than the act of videoing and lie to get back at you.

http://www.youtube.com/watch?v=Zp_yAuR4EL8

I will definitely be attending Patch's appeals.

Carlos it would be helpful to see Patch’s video in its entirety. I wonder if there were other people observing the police interview witnesses and who initiated the conversation between Patch and the officers. On the surface the charge of obstructing or opposing an officer without violence does not seem to meet the criteria recently explained by Florida’s third district court.
http://www.3dca.flcourts.org/opinions/3D10-1591.pdf

Judge Myers according to the article suggested Patch put the officers at risk, I wonder what actions by Patch he used to make that determination.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

His attorney suggested I obtain the transcripts to the trial because that would say it all.

He should just send them to me.

From the news report, it appears the issue that the judge had with the defendant's conduct had nothing to do with photography but was, rather, his proximity to the LEOs. WIthout knowing the specifics of exactly how close the defendant was to the LEOs it's difficult to make a call on this one. I do think that unless this fellow has some significant exculpatory evidence he will loose his appeal.

His best bet would be, I think, to find credible witnesses that support his version of events and for his attorney to find someway to impeach the character of the officers involved. That, of course, assumes there is any. It is entirely possible that in fact the officers are telling the truth and that he was too close to them.

In the end, I don't think this story is too compelling with respect to photographer's rights. That is in no way a criticism of the coverage on this site; it is a relevant story and perhaps more of a cautionary tale rather than an example of someone having their rights violated.

He may lose, as the issue isn't that he was filming but that he was too close. "I stepped back two steps" probably won't help him much, if he had stepped back 10 or 20 steps and still got busted the case would be different.

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