New York Reporter Arrested “After He Refused Orders To Leave The Area”
A reporter from the Post-Star newspaper in New York was arrested for trying to get information from police after a murder-suicide last week.
David Taube, who writes the Chapel Chat section of the news site, was arrested four hours after the incident had been reported because "he refused orders to leave the area.”
This at a time when the bodies were removed and the crime tape was removed and the roads were re-opened to traffic.
But the Warren County Sheriff's Office still charged with obstruction of governmental administration, the same charge Emily Good was slapped with after she videotaped Rochester cops from her front yard.
Good’s charges were dropped and it is likely Taube’s charges will be dropped because the investigation was already over.
According to the North County Gazette, Taube was arressted after police removed the crime tape because he did not wait obediently like the other reporters for police to allow him to proceed.
According to reliable sources, the incident occurred at approximately noon, about 4 1/2 hours after the shooting was reported. The crime scene tape had just been removed. Reporters from many other news outlets were standing respectfully outside the boundaries of where the crime scene tape had been, waiting for the police to grant them access to the scene. However, sources say Taube, the Post-Star reporter immediately interjected himself into the scene and was asked several times to leave the scene. When he did not, he was arrested.
Once the the tape is removed, the public is free to roam at will. They don't need to wait for a police order.
The Post-Star, a 29,000 circulation newspaper covering the Adirondack region of New York, published an editorial vowing they will fight the charges.
“ We plan on aggressively fighting these charges in the weeks ahead since our reporter was doing nothing more than reporting on a tragic story.
”We understand the stress that law enforcement and first responders have during these tragic incidents, but the arrest took place on a public road, four hours after the incident and there was no police tape around the scene.
“ When arrested, our reporter was asking police officers on a public road questions. That is what thousands of reporters do every day in this country without being arrested.”
This was a reporter simply trying to do his job and these charges have no merit.
As in most news stories, the most interesting details can be found in the comments section with one reader whining about the rights of the deceased people (the bodies had already been removed and what rights do dead people have anyway?) and stating that “the press has long pushed the envelope of the second amendment".
But when was the last time you heard of a reporter getting arrested for carrying a gun?
The charges should be dismissed without hesitation if the district attorney has any legal sense.
Unfortunately, the Post-Star will probably not pursue the matter anymore once that happens.
So police will continue to do as they please because they really have nothing to lose.
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Comments
Kidnapping under color of authority. Don't drop the soap.
We have not given you permission to cross the imaginary line that we just removed. Stand behind it until Simon says.
Lawful order?
Also, Did the Second Amendment get amended to add the right to bear DSLRs?
"Once the the tape is removed, the public is free to roam at will. They don't need to wait for a police order"
Where is that written? I mean what if they have a crime scene and decide not to use tape at all, do people have the right to do whatever they want because there is no tape up?
I would say common sense dictates that once the tape came down it was a lawful and reasonable assumption that this area was free to all. If not, why take the tape down? If they needed to continue to control the scene the tape was already up, why change that, but it wasn't.. Taking it down was a clear indication that they were done with the scene.
Sorry Bart, but they relinqueshed control, THEY changed the status quo. So they don't get to cry foul anymore.
Yes it makes sense that if they are tearing down tape you can go in. If this guy went in after the tape was torn down and immediately arrested then I would agree it was unfair to arrest him but that isn't what happened. He went in, was given a chance to leave and refused. There is no law written anywhere that says police must have crime tape up in order to keep people out of a scene.
You seem to be hung up on whether there was a requirement for tape in the first place. My position stems from the fact that there WAS tape, regardless of whether they were required to put it up, they DID. And taking it down would be regarded as relinqueshed that control. If they needed to continue controlling the scene just maintain the status quo. You also seem to be starting at the position that just because an officer says so, it is a legal order. That is an inappropriate starting point, and far to many officers simply expect you to do as you are told. That is one of the major problems with police these days, I'm sorry, but "because I said so" is not a valid legal position. It is especially problematic when we are not subjects of the government, we are citizens. Anytime a cop acts illegally it tarnishes ALL cops, there are sooooooooooooooooooooooooooo many videos of cops acting inappropriately that it can no longer be reasonably argued that a "few bad apples" sour the barrel. coupled with the fact that they don't think they are doing anything wrong, is it any wonder that cops get no respect?
It's not relinquished until they say it is, tape or no tape, and that is why he went to jail. He should have listened.
Their actions said it was released.. We will have to agree to disagree.
That is a great defense. Your honor I know she said she din't want to have sex with me but her actions said otherwise.
"Once the the tape is removed, the public is free to roam at will. They don't need to wait for a police order."
Completely false. The police maintain control of a crime scene until they are done. Don't make up some imaginary rule about crime scene tape. All the officer has to do is tell someone to stay out of the area and then they are subject to arrest. If the reporter thought the scene was clear and walked inside and remained after being told he needed to leave, it's a good arrest.
As for why the police took the tape down before they were done, I don't know but it could have been for a number of reasons. Sometimes other vehicles need to come inside that can't fit past the tape. Maybe they were taking the tape down to shrink the crime scene and were going to reapply apply it closer in. Maybe they took it down then realized they still needed to do a final sweep of the scene. Who knows? It's still a crime scene until they say it isn't.
Hey Johnny law, does all this fall under the "Police Rights" you are so fond of reminding us about?
The Rochester Cops have been exposed as the assholes they are for the same thing. Arresting Emily Good because she was in "their area". She refused to leave.
For a "cop" you just never seem to get anything cop related right.
What do you know about cop related stuff?
JLaw.
Every single person who ever posted here has demonstrated they know more about cop stuff than you ever will.
Even Hal?
@hhamlet:
you used words that were too big for JL, he didn't understand.
JL will never comprehend what we are trying to articulate to him. JL is not endowed with the power of speech [at our level] at this time and perhaps never will be, [ever again].
English, characterized by the use of clear, expressive language. People like JL would never be able to do this, their brain is not capable of thinking to that capacity. I am not saying he is stupid, perhaps mentally challenged.
JL has never in his life composed even one sentence that is, [composed of distinct, meaningful syllables or words, as human speech].
i have attempted to sink down to his level, but even for me this is impossible!
Jl is in a world of his own, of his own making and will never escape! but he is content there, where everything is just the way he likes it, and there are no conflicts he cant handle in his own mind!
JL makes up things as he goes and there are no good, no evil, no bad things there, and there is nothing there that can ever hurt him [ever again]. and nothing else will ever destroy this inner space he has. and he will be there forever and ever!
Sorry, Johnny, "because I said so" isn't a very good position. If they needed to continue to control the scene why take the tape down? smaller area, hm, put the new tape up, take the old stuff down, easy, no confusion. If they only took a small section down I might be able to go along with you on this.
As usual it seems your position is that because a cop says it it is a legal order. Johnny, do you realize that cops acting like this only serves to further erode what little respect society has for them.
"Sorry, Johnny, "because I said so" isn't a very good position."
It is when it comes to maintaining a crime scene. Stop being hung up on the tape. It's not required by law and is just used because it makes our job a little easier.
If he was told to stay and and insisted on entering the scene, he needed to go to jail. That simple.
I'll always come back to this, was the order lawful and why was the tape being taken down?
You can argue all you want that the tape isn't required by law. But if it is up and then it isn't that tells me you don't need the control anymore.
But then again, I'm not sheeple. I don't need or seek permission when none is required. So we will have to agree to disagree.
You can infer whatever you want but when the officer tells you that you need to stay out of the area, your assumptions don't mean a hill of beans.
And when the city once again settles out of court for an undisclosed amount with no admission of guilt... After all charges are dropped...
Johnny Spin will still be 1000% wrong as usual.
Here's a follow up editorial on the editorial mentioned.
http://poststar.com/news/opinion/editorial/editorial-police-should-not-b...
the tape was taken down, that being done. the cops then are required to leave. "no tape, no police"! dont they know their own regulations.
if there is no tape, the police have no reason for being there. what were they doing, helping an old lady cross the fucking street?
some stand up for the police no matter what they do! that is a fact that is not going to change any time soon!
hell, they can all bite my ass! take all the fcking tape and stick it up BARTS and JL's ass!
far up their ass!
and oh ya before i forget, us jackasses would never understand cop related things, its too fucking complicated for us dummies to ever understand!
Wow you sure are a wonderful writer. You are so good that I am now convinced that when police take down police tape they are required by law to leave the area immediately or they are subject to arrest. You should join a debate team Hal, your fantastic.
Red letters make your arguments much more effective. Learned that in debate class.
That's rich coming from a cop wannabe who has yet to be right even once.
@hhamlet:
they are so bright, they couldnt tell i was pulling a chain if i ripped the chain right out of the wall.
if both of what they had to offer was added up, they could not come up with enough to be a decent COP!
but they are here to do nothing but entertain us, but for me most of the time they just plain boring, they are so predictable!
"not right even once" your 100% correct with that statement. and that proves what you and I are saying about both of those clowns. nothing personal, NOT!
both of them are so politically correct, or trying to be, its scary. both of them know what they know, and its a total waste of time to talk to them about anything other then football or baseball!
heya jl and bart, i say what i say, but u got to know i dont mean it against either of you, hell i have never met you, nor do i even have a wish to do so, I wish nothing but the best for you in your life, i cant hate you for the way you think...etc, when i dont even know you, can I?
so, think and say what you may, may you both get in life whatever you desire and have a good life!
I know you don't mean anything by it hal, and I don't take offense, hell half the time I can't even figure out what your trying to say because of your unique writing style.
I'm surprised a Lee Enterprises paper is standing by its reporter. The company's usual policy is to kowtow to the powers that be.
As far as the pro-cop comments on the paper site, just go on there and report them as abusive. It may not take them down, but it will knock them off line for a while.
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