New York Cop Arrests News Videographer On Baseless Charge

July 30, 2011 @ 8:03PM

New York Cop Arrests News Videographer On Baseless Charge

Topics
News

A Suffolk County police sergeant with more than 30 years on the force proved to have a blatant disregard for basic First Amendment rights when he arrested a news videographer Friday.

Phil Datz, who works for Stringer News Service in New York, was standing across the street, videotaping the tail end of a police chase that ended in a crash when the sergeant stormed up to him and ordered him to “go away.”

Datz was attempting to be cooperative, asking where he could stand, but the cop insisted he just leave the area because it was an “active scene.”

Meanwhile, citizens without cameras were walking through the area without harassment.

Datz ended up moving a block away, but the cop drove up to him and arrested him on a charge of obstruction of governmental administration.

“I’ve been doing this for 30 years and there’s nothing you can hold over my head,” the sergeant tells the reporter.

Tony Ryan, owner of Stringer News, told the Long Island Press that this is the third time in three years that one of his videographers has been arrested.

The Suffolk County Police Department maintains a Facebook page that is mostly comprised of surveillance video of suspects caught in the act of crimes.

Here's betting they won't add the above video to that page.

Comments

My Rights USA

9 months ago

The scary thing is that this guy has "been doing this for 30 years"

Frank

9 months ago

All that means is that when it looks like IA is actually going to do something, he'll put in his papers and skate with a full pension.

Johnny Law

9 months ago

You're right about that. He'll probably pull the pin and retire before the investigation ends. He can still be sued though.

joe

9 months ago

Hello Carlos any updates onyour metrorail suit?

Carlos Miller -...

Pixiq Expert

9 months ago

That's still pending. That can take more than a year, according to my lawyer.

John

9 months ago

This guy is a Nut Case....I think why doesn't like to filmed he looks like Robert Duval from "Colors" but Robert had more class vs this ass.....
PS what ever happened to
http://www.longislandlawyerblog.com/mother-of-3-arrested-for-taking-pict...

Stan47

9 months ago

This cop's hostility level is downright pathological. It worries me to know that ANYONE with that much anger is running around armed, sworn law enforcement or not.

Now I suppose it's just a matter of time before "Johnny Law" checks in and explains to us unenlightened, cop-hating "civilians" why we are wrong.

StewB

9 months ago

Well, it looks like you were wrong. JL, as he has done several times before, agrees completely that the cop was in the wrong.

The replies to every story saying the same "now lets see what Johnny's spin is on this" thing over and over again far out number the actual spins I see posted by JL. I'm not specifically referring to you posting this constantly, I'm just providing a general observation. I'm not defending JL by any means. I don't agree with many of his statements, but I'd much rather read his opinion than someone personally bashing him or commenting on him before he's even posted in every story,

Slk

9 months ago

Some say that he's watched the movie Roadhouse over 800 times and that when not on the clock he practices taser techniques on puppies. All we know is he's not Johnny "sadist" law, but he is Johnny's long lost New York cousin.

Jerry K.

9 months ago

That "peace officer" is a real PIG and he should spend the next 30 years in solitary!

io-io

9 months ago

The New York State Attorney General's office has a Sunlight project. "Project Sunlight in an effort by the Attorney General’s office to promote your right to know and to monitor governmental decision-making."

Maybe we should email the AG's office so as to ensure the State and local government's understanding of our rights under the Bill of Rights.

http://www.ag.ny.gov/contact.html

Jeff Wilcox

9 months ago

And also the police dept here: http://www.co.suffolk.ny.us/police/contact.htm

joe

9 months ago

On my honor, I will never betray

my badge, my integrity, my

character or the public trust. I

will always have the courage to

hold myself and others

accountable for our actions. I will

always uphold the Constitution,

my community, and the agency I

serve.

Honor means that one's word is given as a guarantee.

Betray is defined as breaking faith with the public trust.

Badge is the symbol of your office.
Integrity is being the same person in both private and public life.

Character means the qualities that distinguish an individual.

Public trust is a charge of duty imposed in faith toward those you serve.

Courage is having the strength to withstand unethical pressure, fear or danger.

Accountability means that you are answerable and responsible to your oath of office.

Community is the jurisdiction and citizens served.
r

“Oaths of office are usually a statement of loyalty
to a constitution or other legal text,
as well as an oath to the state or religion
the office holder will be serving.
It is often considered treason or a
high crime to betray a sworn oath of office.”

and any such person who violates said oath after taking
the same shall be forthwith dismissed from the
office or position involved.

penalty for treason,DEATH, LIFE INPRISONMENT, CONFISCATION OF ALL PROPERTY BY THE STATE

We also need to send our complaints to the Governor of the state in which it occured in as,
he has the power to fire public officials alot easier than the mayor.

please feel free to make any comments good or bad.

joe

9 months ago

On the above police officers oath see what your local police swear to and is put on record at he court house.
And if it is not on record then he is impersonating an officer and any arrest would be overturned.

joe

9 months ago

Also with data laws you can get saleries and names of all public employees at about 50 cents a page at my local recorders office.

Johnny Law

9 months ago

Wow, that sergeant is an idiot. I can understand getting someone out of the crime scene. I am all for that. However the guy just wanted to know where he could stand to film. Completely bad arrest and I hope the sergeant gets disciplined for it.

We had a shooting the other night in my area and the press showed up. I had crime scene tape set up and the video crews set up about 50 ft further back than that and started filming. There was a group of residents standing next to them (it was an apartment complex). Another more senior sgt came up and asked why I let the media get so close. My response was that they are outside the crime scene and I can't very well chase them away but let the apartment residents stand. He saw the logic in this and dropped the matter.

I've said it a dozen times but some people here never seem to listen. I have no problem being videotaped and I hate it when some officers get so defensive about cameras. As long as you don't interfer with my scene, record away.

This officer was 100% in the wrong in my opinion.

Oh and Jay's comment about the police oath is complete nonsense. Unusual that he would be wrong about that since he is so smart. Go figure.

Tom Joad

9 months ago

Johnny,

I know I criticized you the other night, and I stand by my criticism for your ad hominem attack. I was also disappointed in your response where you stated:

"I will give two shits about your lack of respect for me as soon as I see you criticizing the people who constantly attack me on this board without provocation. It happens in almost every other reply to me but I haven't heard a peep out of you about it. Until then, you can take your disappointment and spin on it."

I agree that many people posting here often resort to the ad hominem attacks, i.e. comparison to nazis etc. I usually don't give them much weight. So, if you felt that I criticized you unilaterally, it was only because you are usually above that type of thing, and it was a departure from your usual demeanor.

Again, your post about taking my disappointment and to "Spin on it" does not speak to the facts, the issues, or serve to further the debate at hand, or serve to help us better understand each other. I know you are a bit of a lone wolf here on the PINAC site when it comes to the LEO perspective, but your perspective IS useful, even if many, or most disagree.

However, tonight your response is informative, and speaks to the facts of this case, and also of your recent experiences in a similar case. This is EXACTLY what we need to understand each other, cops and photogs. So while the other night I was less than happy with your post, today I give you cudos!

Let us all continue to speak our minds, based on the facts, to try and understand each other without resorting to name calling, ad hominem attacks, and knee jerk assumptions about each other. We are all entitled to our opinions, be they right, wrong or otherwise. So, let us try to understand each other, and find common ground.

Recently I had a conversation with my next door neighbor who is a state trooper. He is a great guy, and was even recently involved in an officer involved shooting. I can only imagine the stress that must entail, but from all accounts was completely justified. One afternoon we got to talking about Iraq, and that he had served in the military there before becoming a trooper. I for one had great respect that he had served our country, and had returned safely. But then he stated that unless someone had been in the military, and served in Iraq or Afghanistan, then they were not entitled to an opinion on the matter, it was at that point I lost a lot of respect for him. This is the USA, and we are all entitled to our opinions. He has unique and valuable opinions and experiences, and I want to hear them. But when he says that I am not entitled to have an opinion because my experiences are not like his, I take exception. I think the same thing applies here.

We all have our opinions and experiences, and hopefully can come together to understand and ultimately help each other. I worked in EMS for 25+ years on ground, fixed-wing, and rotor-wing transports (More than 10,000 in all), and often interacted with LEO's. The majority of them are good people trying to do a difficult job the best they can. There are a few who just go through the motions to get a paycheck and good benefits, and a very, very, few who are the power hungry out of control cops we see on youtube.

As an amateur photographer I like taking fire/police/EMS action photos, given my background. I have been threatened with arrest on more than one occasion. Most cops don't care, and have even had some request copies of my photos, which I am more than happy to provide to them. I have won multiple awards for my scene photos and provide them to local fire departments, and EMS agencies for use in their newsletters, web sites etc. But others, mostly LEO's, have been hostile, angry, and threatening, demanding to know "Who are you with?", "What are you going to do with these photos?", and "Go away or I will arrest you." Obviously, these demands/threats are in direct violation of the First Amendment, but there is little chance they will be prosecuted, or disciplined. As they say, "You might beat the charge, but you can't beat the ride", if you get arrested on some bogus charge. Given that I am required to be licensed by the state to practice my occupation, I am at a disadvantage in standing up to such threats at the scene, but have had some success in confronting them later through their administration.

So, Johnny, keep providing you input, your perspective, and your experiences, as these will help us understand each other. We may not agree, but at least we have heard your side of the story.

joe

9 months ago

Yes,JL the more you put print to page, the more you reveal your arrogant ignorance .
l am sure you would be more comfortable in the dark ages.

“We are all born ignorant, but one must work hard to remain stupid.”

if you're gonna be stupid, you'd better be tough

Jimmy

9 months ago

Check out their Facebook Info page, all lies.
Vision – Provide professional police services to all.
Mission – To serve and protect all the citizens, while enforcing the law with impartiality, respect, and compassion.
Goal – Protect the lives and property of the people we serve.
Guiding Principles – The following guiding principles assist us in maintaining our focus on our mission and vision:
Integrity – The Suffolk County Police Department pledges the highest standards of ethical behavior by all its members.
Professionalism - Suffolk County Police Department employees will act professionally when interacting with each other and members of the public.
Respect – Members of the Department will treat everyone with dignity and respect.
Knowledge – Members of the Department will be provided with continuous training throughout their careers. They will be supported in the pursuit of knowledge.
Standard for performance – The following Standard for Performance is referred to as the “Five E’s” and should be embraced by all Department members.
Energy (Vigor – Work Ethic)
Enthusiasm (Lively Interest & Passion for the police profession)
Efficiency (Acting Effectively – Working Smart)
Effectiveness (Producing Results)
Ethics (Doing the Right Thing)

Happy Tinfoil Cat

9 months ago

I hope the cameraman gets a nice settlement that makes it worth his while, and his attorney's. Even better if he can get any kind of judgement against this loose cannon.

Adam

9 months ago

Typical attitude of an out of control cop.. I've been doing this for 30 years so fuck you and anyone who tries to stop me... might as well have been what he said. I hope to hear an update about a suspended sergeant in the near future.

DrCos

9 months ago

I'm just curious which statute "because I told you to 'go away' several times" falls under.
Maybe if we were all like 4 years old or something?
Well he does have the proof. I told him to go away like 8 or 10 times, your honor.

davidsmith408

9 months ago

What an aggressive police officer, maybe he should learn a few manners like please and thank you for starters.
There are ways to deal with a situation and this isn't one of them. If this police officer is a represention of the USA police generally it represents a very poor picture to the rest of the world.If I was approached like that I would have his badge and lodge a formal complaint to the appropriate authority. Thank goodness I live in the UK with a police force that goes about things politely and still get results.

His Senior Officer should put him straight back on lollipop duties

Realspeed

Shawn Wright

9 months ago

Where in the UK do you live? There's a law that makes it illegal for people to photograph the police in the course of their duties, which is absurd. I don't know if it applies to the whole UK or just certain areas, but London police have busted people for it, and just harassed photographers in general. On another note, are there any places in Great Britain that DON'T have CCTV cameras set up?

Rich

9 months ago

I would very much like to see the mugshot of the man they were chasing in that car. What were they trying to hide, what criminal act were they trying to keep from being documented by the press. Only crooked cops are afraid of cameras. The only purpose for a trained Sergeant with 30 years experience to stop a camera is that they intended to do things that were illegal.

Three stripes on his arm and the Article says they do not know if he is a sergeant. WHY because a sergeant cannot claim implied immunity or that he was not trained. The spokesperson is LYING.

joe

9 months ago

Well Johnny i stand corrected and apologize to you. Glad you had a safe tour last night So as to correct my misunderstandings of your jobs requirements and your personel experience as a working officer would you please explain to me your oath and how you understand it's meaning and application to the performance of your duties as i have not walked a mile in your shoes and the type of people you come into contact with on a nightly basis.
Leaving past remarks aside i am willing to attempt to understand your side of the real world as i have never and hope never be in contact with.
Yours truely
Jay
Post script,God bless and keep you safe.

Phil Breske

9 months ago

The Suffolk County PD doesn't allow any posts to the page's wall, so do what I did: Go to the Facebook page and post a comment on every current status update.

Here's what I posted: "I notice that no one is allowed to post directly to the wall for this page, so I'm going to ask here: What does the Suffolk County Police Department intend to do about the unconstitutional arrest of news videographer Phil Datz?"

I'll probably be blocked from the page, but at least there's something there for now. If everybody here does the same thing, maybe the 4000+ people who Like the page will start to ask questions.

BruceF

9 months ago

Local newspaper's account of this:
http://www.newsday.com/long-island/suffolk/cops-news-cameraman-arrested-...

Looks like they turned off the comments for this article.

And another article:
http://www.longislandpress.com/2011/07/30/suffolk-cops-arrest-tv-cameram...

Ryan French

9 months ago

Sounds a lot like my incident only I didn't get arrested. The street was open to traffic and the original sidewalk he was on was open to pedestrians. The sgt. decided to pick on him only because he had a camera and not because it was a crime scene. Slam dunk case.

Guy Fawkes

9 months ago

This shit never ends! Where do police dept's get these guys? Do they have some kind of meter, like a Geiger counter, only instead of measuring rads, to the right of the needle reads total asshole and fucktard, to the left reading intelligent, compassionate, and reasonable, with of course only people that the needle goes all the way right on allowed to become cops? I've heard that cops become "jaded" as they deal with bad people all day, which is their excuse for shitting on everyone. Well why shouldn't the same ring true for citizens, after seeing example after example of cop fucktards just like this douche, not to mention the far WORSE examples of cops beating people mercilessly, sometimes to death? Its starting to look like not only is it far more than "a few rotten apples" but they won't even let you on the force unless you are rotten to begin with.

Stephen Powell

9 months ago

I think of most (not all) police officers (today) as mercenaries. They have no regard for American citizens, their civil rights or their civil liberties. These mercenaries arrest people on trumped up charges (with rubber stamp approval by the judicial system). These mercenaries destroy personal property. These mercenaries assault, abduct and rob. These mercenaries have no morals. These mercenaries lie.

*Pixie*

9 months ago

That video almost made me sick to my stomach. How could this sergeant be so stupid? Didn't he know it would show up on the internet? Has he never read the constitution??

I don't care if he was having a bad day or what. What he did was inexcusable.

Guy Fawkes

9 months ago

This is what a friend of mine calls "the arrogance of the pig". It's as bad as the movie where Stallone as Judge Dredd states "I am the law". I can't say he's stupid because he's been pulling shit like this for 30 years and is still on the force. He knows the most he's going to get is a wrist slap. To sum it up, it's not stupidity, just arrogance fostered by a system that has let him get away with bad behavior for 30 years.

joe

9 months ago

I would suggest that when this guy collects his payoff that he uses the officers badge number as his pin number. And buy a better and bigger camera. Don't fire the officer he is a walking payday for us. Better than Obama' stimulus deal.

*Pixie*

9 months ago

Why don't we know this officer's name yet?

*Pixie*

9 months ago

I just got blocked by simply asking on their facebook page why they're "deleting" posts regarding this incident. Another badge of honor! :)

Tijuana Joe

9 months ago

New rule.
If you arrest someone for something stupid
and the DA (a la Emily Good's case) says "I can't try this"..then you're fired.

Tijuana Joe

9 months ago

From youtube:
Milton, Michael Police Sergeant (Police) 2010 Made $177,992.00

Arggg all that college and grad school I had
making peanuts, eating ramen, and this thug makes nearly 200K???????
No wonder this country is in the red...

Don Cordell

9 months ago

Remember the Supreme Court has declared You may defend yourself from False Arrest even to the point of killing the officer. Do we Citizens have to get to this point to protect our Bill of Rights? Can we Restore our Rights without violence? What is it going to take to prove to the cops, if we are in public, that we have Rights to collect evidence against the police IF we believe they may be doing something wrong? What if we are videotaping evidence that may be helpful to the police? To Protect and Serve is a joke, 99% of the time, its ignore Rights, they are the power, and we are trash, trash they have no time for. When I was being a victim of abuse (3 times) and called for help, I got nothing, not even the time of day. How dare I bother them, if there is no money for them to confiscate. Folks we have a problem in America, and this is just one of millions of offenses against citizens. Tired of this Don Cordell for President is a start to Restore not Change America.

JoeyBoots

9 months ago

Yet another cop abusing his authority thinking he is above the law. Let's hope this unbalanced and delusional nutcase is given a one-way ticket to retirement.

And for those not aware, the Suffolk County PD are one of. if not the highest, paid cops in the country with your average officer making 100k a year.