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How much should you charge for a photograph?New Orleans Photojournalist Handcuffed After Taking Photo
Charged with battery on a police officer after swatting cop's hand away
A New Orleans Times-Picayune photographer was handcuffed and charged with battery on a police officer Tuesday after attempting to take a photo of a multi-car collision.
Ted Jackson had walked up an exit ramp to photograph the 13-car collision from an elevated point. One woman died and 17 people were injured in the collision.
But New Orleans police officer Garry Flot, a public information officer, told him he had to turn back.
Jackson did as he was told, but then attempted to take a picture of the pile-up on his way down.
Another officer, Larry Dace, who was walking with him, then reached out to cover Jackson's lens, telling him he was not allowed to take photos.
Jackson said he instinctively swatted the officer's hand away. Jackson was then handcuffed.
The handcuffs were removed after 10 minutes, but Jackson was still detained for 90 minutes as officers discussed what they could charge him with.
The eventually gave him a summons for crossing into a police area and battery on an officer, probably the first person in history to get a summons for battery on a police officer. Jackson is scheduled to appear in court on Monday.
Comments
Walked onto exit ramp (assuming its a highway and therefore illegal)- Check
Made unwelcomed physical contact with a police officer- Check
Not sure where they get the whole crossing into a police area, was it taped off? Either way, if you are going to be confrontational you better be able to maintain your cool and refrain from physically responding to police overzealousness, especially as a member of the press.
Walking onto an exit ramp, an offence requiring at most a ticket, not arrest.
Grabbing someone without provocation or trying to damage personal equipment (the cop) is assault.
Assault > ticket for walking on ramp.
So, lets rehash your statement.
Walked onto an exit ramp (needs a ticket) - Check
Made unwelcome and unwarranted contact with a citizen - Check.
Spent 90 minutes trying to figure out what to charge him with because they had no immediate articulable reason - Check
Committed a violation of First Amendment rights on a citizen - Check.
Illegally stated that he could not photograph by stating that photography was illegal (abuse of power under color of law) - Check.
So lets count them up.
Photographer, 1 count of illegally walking on an on/off ramp. 1 Ticket and fine.
Police.
Assault, abuse of power under the color of law, illegal detainment.
I count 3 felonies there.
1 ticket, vs 3 felonies?
Good thing that stopped that bad bad criminal.
Wow that's a bunch of felonies you tallied up there. I don't think you know much of anything about the law do you?
For example, "Walking onto an exit ramp, an offence requiring at most a ticket, not arrest."
Please read about the case of Atwater v. City of Lago Vista and educate yourself.
Boy I bet you love that one don't you.
Spit on the sidewalk "your going to jail mother fucker, (smack in the head, fall to the ground bleeding and unconscious), STOP RESISTING!, smack smack".
And you wonder why people want to shoot you.
Like I said, "Requiring" at most a ticket, not arrest.
That does not require arrest, there is the option if the police officer is a total douche. But it is not required. It is also still not a felony.
Remember, in the case you mention, she paid a 50 dollar fine, and a 310 bail. The state made 360 bucks on her, how much did they spend on processing her.
"And you wonder why people want to shoot you."
LOL You're a classy guy for sure. Maybe the people that want to shoot the police are criminals and nutjob conspiracy theorists who see a police state in every single thing the police do?
"Like I said, "Requiring" at most a ticket, not arrest.
That does not require arrest, there is the option if the police officer is a total douche. But it is not required. It is also still not a felony."
Well maybe you don't understand what "require" means. It also doesn't "require" a ticket.
"Remember, in the case you mention, she paid a 50 dollar fine, and a 310 bail. The state made 360 bucks on her, how much did they spend on processing her."
Apparently you also don't understand the importance of getting a legal precedence set on the ability of the police to make misdemeanor arrests. Every since traffic ticket costs more to take to trial than the fine amount imposed. If cities used your standard, then every time someone challenged it in court, the city should just drop the charges. Wonder how that would turn out once word got out?
Sorry, double post. This website is really slow.
Too bad the photographer didn't have a video going, too. Then he could have at least showed what happened without the coloring of the supreme authorities perfect (I mean, the polceman's) viewpoint.
in emotionally charged incidents such as this one probably was, cool heads who grasp the concept of the first amendment give a news photographer 5 minutes to shoot, then ask him to leave or to at least stay out of the way. adrenalin-fueled cowboys who have trouble with the constitution in general tend to go a little crazy. wish i could be in court for jackson's hearing. but maybe by then the officers will have their version of the incident carefully crafted.
You would think a PIO would show some class and accommodate a member of the press. I'm sure he's popular with the media over there.
PINAC Fail!
It is not illegal for the police to block your view because they don't want you to photograph something.
It is illegal to swat a cop's hand, no matter the reason.
Where is the story?
Just for the record, I have read about the Atwater v. City of Lago Vista decision. imho, the scotus made another poor decision there. Too often, this country founded on liberty, is thwarted by the judicial branch.
Anyone that thinks taking a mother into custody with her young children is a good idea for a minor infraction, isn't thinking clearly. Another overly aggressive cop, (according to witness statements) is rewarded for bad behavior.
Respect your efforts, respect yourself. Self-respect leads to self-discipline. When you have both firmly under your belt, that's real power.So what do you think?
curt
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