Massachusetts Woman Arrested For Taking Pictures From Her Front Yard
Massachusetts state police arrested a 65-year-old woman who was standing on her property photographing the damage after a car had come crashing through her yard and into her driveway late Sunday night.
Judith Davis-Scott spent the night in jail on charges of interfering with an investigation and disorderly conduct.
It is not clear if police have returned the Nikon they confiscated from her.
According to the Enterprise News:
Monday morning, she showed media crews bruises on her arms that she said resulted after a state police officer grabbed her and handcuffed her.
“I told them this is my property and I have a right to take pictures on my property,” said Davis-Scott, an optician.
She said the state police officer “grabbed me and dragged me up the stairs and he pushed me into the house.”
Not only is it her right to take photos from her own property, it is completely understandable why she would do it.
She was awakened by the sound of a car crashing through her fence. She looked out her second-floor window and saw a car had crashed into her Ford Escapade parked in her driveway.
The car was on fire. Two occupants were inside. Both had been shot. One was dead.
Davis-Scott dialed 911 and ran outside, watching in horror as the flames grew, fearing that both cars would explode.
Once the flames were put out, she began taking photos of the damage to her property, which is something every homeowner should do.
But police acted as if she were breaking the law.
Meanwhile, they have no clue who shot the two people in the vehicle.
Her husband, Michael Scott, a disabled veteran, sat on his back porch on Monday, and shook his head when speaking of the night before and of his wife’s arrest.
“This is ridiculous,” Scott said, his eyes filling with tears. “You try to live a decent life and this is what you get. It’s upsetting.”
UPDATE: Here is an update to the story that doesn't really clear things up, only gives two versions of the story, which further proves the need for both cops and citizens to have video cameras rolling at all times when dealing with each other.
But it said that police returned her camera with the photos intact.
She was combative,” Procopio said. “She was refusing orders. The Brockton officers and the troopers used only the steps absolutely necessary to subdue her and to place her into custody once the decision to do so was made.”
According to the arrest report, Delehoy said police ordered Davis-Scott to leave the crime scene area three times, but she kept returning to the area. She later became combative and yelled obscenities and struggled with police, according to the report.
At one point, after police escorted Davis-Scott to her front door and her husband pulled her inside, she “rushed the front door and kicked it open, striking Trooper Gabriel in the arm causing a couple small lacerations,” according to the report.
Davis-Scott disputed the arrest report.
“A lot of that is lies,” she said.
She said Gabriel, the state trooper, “broke my ribs.” She said she was screaming during the incident because police were hurting her and she was in pain.
“It was police brutality. Yes, of course I was screaming obscenities at them, a couple,” Davis-Scott said. “They caused damage to my body.”
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Comments
Insanity! What can we do to stop this ridiculousness? When an officer tells us to stop photographing/videographing, and we say "No" is that "Disorderly Conduct" / "Interfering with police investigation" -- What do we do?!
Time for another letter writing and dept shaming campaign.
I'm afraid that letter writing and "shaming" are doing no good: the cop thugs just get worse and worse with each passing day.
Neighborhood associations formed for defense against cops might be a better idea. When uppity police try to strong-arm a peaceful citizen on his/her own property, it's a good time for armed neighbors to show up and remind the cops who's the servant and who's the boss.
An interviewer once asked Gandhi why he settled on non-violent resistance as his tactics of choice. His response was that he knew that the British people had consciences, and he saw that as the best path to his goals, the one most likely to succeed.
He noted in the interview, that had the British people been without conscience, he would have led an armed revolt instead.
If someone has no shame and no conscience, then nonviolence is probably a lost cause...
'First they ignore you, then they laugh at you, then they fight you, then you win.'
"When a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security."
Not too many people these days remember why we were firing off fireworks last night. If someone actually said this on a street corner someone would call the police to have the terrorist arrested.
Fireworks are illegal where I live. 'Nuff said.
Taking photos from her front yard shouldn't have been an issue for the crash in her back yard.
;^P
you go inside get your shotgun and tell the asshole to stfu and protect your property
Appropriate, definitely, but not smart. Law-abiding, armed residents of the area need to out-number the criminal cops. Then and only then will the cops understand, that maybe, just maybe, they should drop their swaggering "I'm the boss" attitude and start comprehending that they don't run the world.
Massachusetts is one of the major gun-control states. That's why cops feel free to act like their badge is a patent of nobility with Droit du seigneur.
Ok...before everyone here goes off on a cop-bashing, letter writing compaign here...stop and think for a second.
1) Do you, as a private citizen, have the right to photograph anything and everything on your property? Y
Yes...of course you do.
2) Do you, as a private citizen, have the right to interfere with an ongoing police murder investigation?
NO..you do not.
So we only know HALF the story here.
THis was not just an "accident", but appearantly a driveby shooting of some sort that unfortunately landed in this poor womans yard.
Now, was she stomping around the scene contaminating evidence? Was she instructed to cease and move away from the scene and failed to comply? Was she interfering with the police while taking the pictures? Was it 100% necessary to take the pictures at that time?
What we have here, like many of these "photographers rights abused" articles is a one-sided view of the events.
I'm a photographer and have dealt with many situations where my rights were abused, but I've also seen many stories like this where rights and common sense don't exactly mesh.
And was it necessary that she *not* take pictures of the scene on her own property? Do you even know whether she was "stomping around the scene contaminating evidence"?
No, you do not. You're spreading FUD. You're trying to get us to doubt the homeowners' word that the cops unreasonably arrested her.
The only word we have is the two homeowners, and do you think they would be so upset had one of the cops been the voice of reason and said, "Hey lady, we need to secure the scene until our own photographers turn up, and our detectives can examine things, etc."
It doesn't sound as though anything of that kind happened, otherwise why would they be so upset?
The cops had that option, to defuse the situation. They also have the option of clearly communicating their reasons for arresting her to the press. But they haven't.
When cops take what appears to be an unreasonable action, and then clamp their mouths shut about it, and the "perp" is a normal person without a criminal record, in my experience the cops are the bad actors of the situation.
My point is this..
Nothing is ever what it seems. The article is clearly not well written (and I'm talking about the original one that Carlos's copied the information from) in that the whole camera incident is an afterthought at the end with no real reporting. No rebuttal from the arresting officers, no questioning of witnesses to see what actually happened.
The above article is only an exerpt of a larger article and does not include background info..such as the fire, the scattered burning debris, etc.
Your property or not, if there is a major accident happening where people died and not from the accident mind you and dozens of emergency personal are on scene, you need to stand clear. I don't for a second believe that they simply bullied this woman for taking photos from her porch at a safe distance. There would have been many people around taking pictures with cell phones, reporters, etc...why would they single out this one 65 year old woman if there was not more to the story?
I simply reserve the RIGHT to not jump to judgement based on incomplete information.
Great point, When there is a fire,the Fire and police department have total control of the scene. NOT to mention two dead bodies. She was standing IN the crime scene.
Its a good thing I have a link to exactly what happened.
http://www.youtube.com/watch?v=azxFvvUtu40&feature=related
"She was standing IN the crime scene."
Actually, it would be more correct to say she LIVED in the crime scene.
Can she live with knowing that she may have interfered with a case that involves the death of two human beings on her property. Two dead bodies on her property. When the police fail to be decent human beings i say so. this women allegedly chose to put her property above the importance of being respectfull too the dead human beings who no longer live anywhere. who deserve a proper investigation. its the decent thing to do. You go in your house and put a pot of coffee on, for the people working to resolve the situation that unfortunatly landed on your lawn. If you dont have a bong in the middle of the living room you let them use the bathroom. I expect cops to be decent i expect that people should be decent to them
Well said; I'm for suspending judgement on this one until we hear more. Yes it's your yard, but if a dead body turns up on it you'll find out that you are, relatively briefly and temporarily, not in any control over it and will be excluded from it.
We had this a few months ago with the case of the homeowner who attacked a firefighter who was photographing their burning home for the FD, remember... 'exigent circumstances'. This case is about as exigent as they come! It's NOT like someone got cuffed for photographing a routine traffic stop or other minor matter from their front yard...
Mike
20 yrs ago a car with a body in it ended up in one of our bedrooms.
Crashed through the wall in reverse at a high rate of speed and got wedged in the debris.
It spun its tires for 5 min burning its way all the way through the floor before someone was able to get to the ignition and shut it off.
Turns out it was a janitor at the church across the street, he put his car in reverse then had a heart attack and slammed the accelerator to the floor.
He traveled the length of 4 football fields before slamming into the corner of our house at an estimated speed of 70 to 80 mph.
The Insurance adjustor, the contractor who built our basement as well as all the neighbors, were there before the cops and the Medical Examiner.
They took pictures, took measurements and had a tow truck standing by before the cops even showed up.
As soon as the car was pulled out of the wall the contractor started sealing up the damage from the weather before the cops started their investigation.
Granted is was natural causes but until the investigation took place no one knew that.
My parents were at work at the time.
Hell they found out about it on the radio news on the way home in the car.
They got home to a house sealed from the weather, an estimate for the repairs and papers from the insurance company to cover the costs,and the papers to sign to get the check issued.
Repairs started the next day.
Guess what...no one was arrested, the cops were polite and thanked everyone for being so prompt as to take care of things.
Boy times have sure changed.
Back then everyone helped everyone and even the cops had a heart, now everyone is a crook and the cops are never wrong.
"Boy times have sure changed.
Back then everyone helped everyone and even the cops had a heart, now everyone is a crook and the cops are never wrong."
Yeah back then the first thing people thought about was helping instead of trying to get the next viral video on Tosh.0.
Iroc, are you sure the statue of limitations has expired on this heinous crime of interfering with a police investigation? Expect Johnny Law to show up at your door any day now with a set of Smith and Wesson handcuffs.
Thank you Sean.
Common sense has entered the building. It would be nice to know more about this incident before people start talking about armed resistance.
Another lawsuit in the making.
Of course I'm sure this was all about officer safety or something like that.
Another prime example of thugs with badges.
sure the COPS may have had the right to be there, since a crime may have been committed, do they have the right to order the owner of the land around on their own land, i say hell no! oh hell, was she trying to go thru the damn car to see what she could steal....NO, was she touching everything she could get her hands on...NO! so then WTF is there left, the cops were 100% in the wrong!!!
You do comprehend that the police have the right to restrict access to a murder scene right?
They probably put up crime scene tape and this lady was so upset about her house that she wouldn't stay out of the crime scene.
Think a second before typing. It couldn't hurt.
"They probably put up crime scene tape and this lady was so upset about her house that she wouldn't stay out of the crime scene."
Since unfounded speculation is used in JL's post, here's some in reply: They probably were pissed off that pictures were being taken, so they arrested an innocent woman on trumped-up charges in order to steal her camera and delete the offending pix.
I think my speculation is more plausible, given the cop habit of arresting people for taking pictures on their own property, generally on "contempt of cop" charges.
The Voice of Reason has spoken. ;-)
Your speculation is nonsense but that's to be expected.
A open comment to: "Johnny Law", "Bart" and "LawMan".
It's situations like this that turn perfectly good law abiding people into so called Cop haters. What you as a cop don't realize (or care about) is these types of actions on your part may lead to retaliations against you in one way, shape, or form.
NO.. I'm not talking about physically harming you (even though some would go that route), but rather in subtle ways you would never know about.
It just might be that photographer you arrested on trumped up charge of contempt of Cop.. because they had the audacity to take a legal photo of the city park public outhouse. Or it could be one of their friends, neighbors or family members who will turn their back.
As a cop, you never can tell who in the public might be the person that saves your bacon when help is needed and backup is minutes or several minutes away.. or even non-existent.
Or it could be something as simple as cleanup of minor damage of fallen trees in your yard which was caused by a storm. Geee.. and you wondered why the neighbors all chipped in and helped each other clean up their yards.. while yours is still looking (three weeks later), like WW III erupted there.
There's NOTHING to prevent the public from turning their heads and NOT seeing.. or distracting themselves from NOT hearing your pleas for help as the quickly walk or drive by your unfortunate situation or circumstances.
I would think there are many here who would agree with what I've posted above. Maybe if enough Cops start to see the light, things may change.. but as it is now? Same old.. Same old!
With that being said, there are some here who would say..
"Where did I put my glasses? I can't see a thing without them."
While others might profess..
"Darn.. my hearing aid batteries crapped out again. Now I can't hear a thing."
It's up to you (through your actions as a cop) to ensure the public has both their glasses and hearing aids properly working when you leave to go on your next call.
I know which side of the street I'll be on if needed.
"Now where are my glasses and hearing aids!?" (emoticon wink)
Rail Car Fan
What the hell are you talking about?
"JL"..
I can't believe you're THAT stupid that you're unable to read into my comments, but then again.. maybe you are. I guess I'll have to explain them to you in terms that a six year old can understand.
Many ILLEGAL actions by "Badge Bully Cops" against the general public (who, at one time or another, has been treated unfairly or unjustly by Cops who ABUSE their authority).. often easily turn pro Law Enforcement people into so called "Cop haters".
These former Pro LEO's usually end up with the attitude (which is easy to understand), of wanting to get their proverbial "pound of flesh" to get back at that same "Badge Bully".. (or in some cases, Cops in general).
Because of the ILLEGAL "Badge Bully" actions (and ensuing trumped up charges having to do with "Contempt of Cop"), can you expect anything less..!!..?
Typically in the end, the "Badge Bully Cop" gets away with another.. as a Cop, "I Can Do NO Wrong" arrest, where the "us against them" attitude continues. (Please don't try to insult us by saying differently "JL". We all know this is the common attitude most Cops have toward the general public. It's been shown to happen on just about a daily basis.)
How hard is it to understand then, "JL", that retributions against a "Badge Bully" (if not all Cops), can spread the gauntlet of "physical harm", to that of something that's as simple as being a witness to a crime.
As I tried pointing out to you in my previous post.. (which now seems like my post was far beyond your comprehension), help can come in many ways.. or the Devil himself can arise and bite you in the butt when least expected.
As a example. Whenever there's been a crime committed, there's usually a canvas of the area for witnesses.
If it's a Officer involved one and witness help is asked for by Law Enforcement (depending upon the situation), one can always swear they either had (or didn't have) their eye glasses on. The same could be said of their Hearing Aid batteries going dead at the time of the incident.
As a example that is NOT uncommon..
There's been a shooting. The witness plainly saw the Officer shoot down and murder the weaponless (hands up in the air in surrender) victim because they had their glasses on.. (or, in the same situation), because they weren't wearing their glasses at the time, they really couldn't tell what happened when the Officer was shot in the witnesses front yard!
And what about what they heard? Sometimes Hearing Aid batteries do go dead. It's too bad what happened to the Officer though. The witness might have been able to get a good description of the perp if they had heard the commotion.
I ended my original post by saying..
"It's up to you (through your actions as a Cop) to ensure the public has both their glasses and hearing aids properly working when you leave to go on your next call."
I find it interesting that with over 37 posts, YOU, were the only one who couldn't read into that sentence.. so I'll translate it for you.
If your looking for witnesses who saw or heard a crime being committed and they've had a bad interaction by a a-hole "Badge Bully", which version of what they saw or heard are you going to get?
It depends.
As you leave to go on your next call (and because of the non-Bully actions you typically take when interacting with the general public), in most cases those same witnesses (as describe above), will have their glasses on and hearing aids properly working.
Meaning.. "they'll lean toward the Pro LEO side of things, tell the truth.. and back you.
On the other hand (because of some previous "Badge Bully").. their glasses are lost and their hearing aids don't work, "so they'll hang your butt out to dry!
It's up to you (through your actions as a Cop) as to whether you want to be hanging from the end of that noose or not!
Rail Car Fan
P.S. "JL". Some of the above is "metaphorical".. so if you need some help interpreting what was written, please ask. I'm more than glad to help you out if asked.
He's talking about a type of withdrawal of voluntary association, a non-violent action of protest. I will be more general here.
Selective (discriminating) association to exclude those who cause harm - and also toward those who support such harm-causing - is a potentially very powerful method of non-violent action, referred to as ostracism and shunning by many down through the ages. It is included in Gene Sharp's 2nd volume (of 3), "The Politics of Nonviolent Action", Chapter 4, "The Methods of Social Noncooperation". I and husband Paul Wakfer use the term "negative Social Preferencing" for purposeful non-voluntary association (contrasted with positive Social Preferencing towards those who do provide value) and have described how it is the ultimate effector of social order in a truly free society (The Freeman Society) - http://selfsip.org/solutions/Social_Preferencing.html
In order that positive and negative social preferencing can be wide spread and therefore be highly instrumental in persuading the changing of behavior, publication of current photos of the individuals involved is essential. Those wanting to support or discourage certain behaviors of individuals need to be able to recognize those parties. I have urged this action on many other websites specifically reporting the harm-doing of government enforcers - domestic policing agencies and military - while praising those sites that do so.
JL, the fact you have no clue what he's talking about very nicely proves his point.
It comes down to how people view the police. If they are viewed as heroes doing a tough job, then citizens will help them do that tough job, whether by pitching in to help clean up storm damage in the neighborhood, or by drawing a lawfully-carried firearm and saving a cop's life.
But if all the citizenry sees is two gangs fighting over turf, they're unlikely to help the police gang. Both gangs are the enemy of decent, upright citizens.
Thank You Bergman..
Thank You for being able to say in a couple of short, concise sentences the thought(s) I was trying to get across.
I realize I sometimes try to "flower up" my posts, but do so only because I think it makes them more interesting to read. To some of you here who don't like this style of writing, I apologize.. and will try to tone my posts down if needed.
Rail Car Fan
Are we even sure this happened? I mean, when I did a google news search on the woman's name, the only article from the past 24 hours that says anything about her being arrested is this one from enterprise news, which I've never heard of before.
However, plenty of articles are out there about the crash and shootings, and some of them even include quotes from the woman that was supposedly arrested.
It's a small-town newspaper that's been around for more than 100 years.
I've never heard of it either, but that doesn't mean anything. There are plenty of small-town papers across the country I've never heard about.
http://www.enterprisenews.com/homepage/x357264497
This was also reported on the local NPR affiliate out of Boston this morning, which is how I heard about it in the first place. The Boston Globe ran the story about the shootings and the crash, but not about the subsequent arrest. I emailed their reporter who responded that he was going to inquire with the DA.
I come to this forum every day, read it, wonder what I'd do. Often I'm rather annoyed by how people are being treated by law enforcement (or should I say government as such).
Lately I find myself annoyed by lots of us commenting on stories where there doesn't seem to be enough information (accounts of both sides) to base any kind of educated opinion on. Then all the bashing starts and in the end the actual story gets lost or at least I lose interest.
Aren't we better than that? If we want to be respected, a little more professionalism won't do us any harm. Just because those we read about seem to at times lack it doesn't mean we need to.
I'd like to know more about this all before I get upset. Maybe I won't need to.
I'm with Johnny and Sean on this one. We don't have enough information right now to determine one way or the other who's in the wrong here.
Here's the way I look at it, usually if police were justified in making an arrest, then they come out and give you a detailed narrative in why they were justified.
I'm not sure if the reporter contacted police, but she did contact the district attorney's office, who offered no comment.
So she did make an attempt to get the other side of the story, only they wouldn't give it to her.
Other sites are reporting the arrest now, and the police reports are available.
I don't have enough information to say who was in the wrong on this; but, one way to find out, since they say the camera was returned with the photos intact would be the pictures themselves.
If they're obviously taken from the porch, or obviously taken from inside any crime scene tape would say alot for who was right, and who was wrong.
I posted an update to the story.
After reading over this Woman's unfortunate incident. I can only say that as a homeowner you have the absolute rite to photograph "anything" that is, Or certainly has occurred on your private property. I only hope that the Woman in this incident hire's a very good civil rights attorney & sue the hell out of the state trooper that violated her rights & get his ass fired for abuse of authority & police brutality !!!!
I wonder where most of you are from that I don't see or see anyone pointing out and emphasizing 2 drug dealing gang members were shot(again, one was shot numerous times before)by 2 rival drug dealing gang members.
Their deaths should be celebrated but in this upside down society their rights mean more than the homeowner who could have easily been killed.
Did it once enter the cops mind not only is he suppose to be a servant of the public but that a person might be a little uptight after a car crashed into their yard and into their car?
She could have been straight out of Any Which Way But Loose. The only difference the lower order primates didn't eat her oreos, they endangered her life and her family.
It's a unique kind of story but these cops by now know what the scum of Brockton look like these days. Nothing innocent about those two animals. But we're talking Massachusetts that lured such people to the area with free healthcare, foodstamps and shelter. That's why the home owner is the criminal now and the refugees from west africa the victims. Pathetic.
I'm afraid that if there is no indication of who shot these men in the car, and the police were adamant about not having photos taken of the crime scene, I'd strongly suspect police involvement in the shooting and an attempt at a cover up.
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