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How much should you charge for a photograph?NH Police Once Again Confiscate Man's Camera
Still Haven't Returned 2006 Confiscated Video
Once again, police confiscated a camera under the pretense of “evidence” – which numerous lawyers say is unlawful without a subpoena.
This time it happened in New Hampshire to a man who was arrested on wiretapping charges for videotaping police in 2006.
Michael Gannon beat those wiretapping charges when the Nashua Police Department decided it wasn’t going to pursue them in court.
But they still haven’t returned the video footage that shows police entering his home uninvited without a search warrant - solid evidence for a lawsuit against the police department.
“They returned my cameras and surveillance equipment, but they kept my tapes,” the 55-year-old land surveyor said in an interview with Photography is Not a Crime Wednesday night.
So it’s not surprising that they confiscated a video camera on July 1st after an altercation he had with two Nashua police detectives.
Gannon said he was hanging out with two friends in downtown Nashua walking his dog when a pair of detectives drove by in an unmarked car and yelled something derogatory about his son.
Gannon won’t say exactly what it was, but it hit a sore spot, especially considering it was his son police were looking for when they entered his house in 2006 without a warrant.
“It was a rude statement,” he said. “So I said, ‘corruption at it’s finest.’”
Gannon said one of the cops yelled back at him, “What did you say, what did you say?”
“I said, ‘You heard me.’”
The cops then stopped the car and stepped out, walking towards Gannon and his two friends.
That was when Gannon began recording on a handheld video camera.
He said he was recording mostly for audio, not video, so he was just holding it, not pointing it in their direction.
At one point, he asked if he was detained and they said no, so he started walking away.
“I turned around, walked about 30 feet and then they grabbed me from behind,” he said.
“They threw me to the ground, cuffed me, maced me in my mouth, punched me in the face and kicked me in the groin.”
Before he was taken down, he tossed the camera to his friend, Pamela Reynolds.
Police told the Nashua Telegraph newspaper a completely different account of what took place that day.
“Mr. Gannon was yelling and swearing and was warned repeatedly to cease that behavior,” Detective Lt. Frank Sullivan said.
The detectives “observed Mr. Gannon’s behavior and addressed Mr. Gannon’s behavior,” Sullivan said.
“They tried to reason with Mr. Gannon,” Sullivan said.
When Gannon didn’t desist, the officers placed him under arrest – “and he did resist an arrest,” Sullivan said.
Police also told the Telegraph that Reynolds tried to hide the camera in some nearby bushes, so she was charged with tampering with evidence, a felony.
But the camera was not being used in the commission of a crime, so it was not “evidence” under legal definitions.
In fact, it doesn’t appear that Gannon committed any crime other than the contempt of cop.
But he was charged with simple assault on an officer, disorderly conduct and resisting arrest.
Of course, the video will most likely provide the answer to what actually took place that day.
And, of course, Nashua police are refusing to return the camera to Gannon.
History repeats itself, especially when police have something to hide.
Journalist and activist Christopher King, a former law enforcement attorney, has been trying to get Gannon's 2006 footage as well as the camera from the recent incident from police but to no avail. He produced the video below where he interviewed Gannon and his friends.
Comments
A Bail bondsman pushed thier way into my Brother's house looking for his son without a warrent. There was little my Brother could do. But his son has another court hearing in Oct. If he dont show they will be looking for him again. I fear beings I am his Uncle I would be the guy on the list of them entering my home without a warrent. There is little I could do also. However I do have a small viedo camera and if they do enter I will call 911. Dont know what good that will do but its something. If they had the warrent I would roll the red carpet out for them but they want to do it the easy and ass type of way of doing it. Going into someones house without a warrent its like getting raped in my opinion. I hope the best for you and hope everything goes your way of getting compensated for your rights being taken away from you
Richard, you might want to take a more defensive stand against Bail bondsman. I'm not inclined to let anyone into my home without a warrant. How do you know it's a true Bail bondsman and not some punk off the street trying to pull a fast one on you? You have a right to defend yourself, property and family. If they don't like it, they can call the cops!
Quote: "The bail bond contract gives bounty hunters the right to enter the home of a fugitive, but only after establishing without a doubt that the person lives there. They cannot enter the homes of friends or family members to look for the fugitive." (See: http://tinyurl.com/3tyk6p5) As always, check with a lawyer.
If the guy is as big as dog the hunter how can defend yourself against that. There could be 3 or 4 of them with him. I read allot of times when they do try to stop them from comming in they get physicaly injurly really bad from them
I refer the Honourable Gentleman to the 2nd Amendment.
Mike
Get a shotgun, it doesn't matter how big they are then. As stated by another poster if they see who they are looking for enter your house you have to let them in, but they are not allowed to go on fishing expeditions.
The bounty puppy is actually small in stature and will retreat when any serious resistance is shown. That doesn't make the tv show, but it happens on a regular basis.
A .308 caliber semi-automatic rifle might go a long way towards discouraging their attempts to enter your home. I know it sure as hell would if they were at my door.
Sounds to me that the New Hampshire motto of "Live Free or Die" is a lie. Based on all the different articles I see the motto of New Hampshire should be "Obey or Die.
Oh it's even deeper than you think. I cross posted this to my mortgage movies journal, look at the corruption the NH BK Trustee allows as other states across the Country try to curb the very same corruption. I filed an ethics complaint on all of that and going to FBI Thursday with Mr. Gannon, raise awareness, keep pressure on.
http://mortgagemovies.blogspot.com/2011/07/slashdot-and-carlos-millers-p...
Peace.
I've never been to New Hampshire. But I do know that Nashua PD has a terrible reputation and I've been told to stay far away from that town if I ever head up there. It's full of corruption, brutality, and lawbreaking by the PD. I wouldn't known the town existed if it weren't for the PD.
So where is the account of the two friends he was with? Or have they been arrested as well for contempt of cop?
Check out the video in the article.
I see. They were also arrested for daring to not defer to the 'professional' LEOs.
Of course, they must have feared for their safety or some such thing.
If you think of yourself as a HAMMER, then you think of everyone else as a nail.
More thugs with badges.
Of course the police didn't return the camera: they got away with withholding Gannon's property before, without any repercussions, and will likely get away with it again.
"Tampering with evidence"? That is such BS! He (and likely Reynolds, who doubtlessly knew about his previous incidents with police) had a clear reason to believe that any exculpatory evidence present on the recording device wouldn't see the light of day once it was confiscated by police. And why would the police even need anything on the tape as evidence? Without the tape, it's their word against his, and we all know who wins that argument in nearly every single case.
"Corruption at its finest" indeed.
This is another example why everybody should use Qik.
Yes I know, I need to get it on my phone but it won't work for my real camera, perhaps that technology will come in the next couple of years.
I'll let you know what happens tomorrow when Mr. Gannon and I file his request for exculpatory evidence.
C
This where the Google+ instant upload is handy. even if the camera is gone the video is already online.
From a legal standpoint this lady witnessed a violent felony assault by criminals with badges. IMHO she would have been within her rights to have put a bullet into each of their heads without warning since they were armed and dangerous.
There are not many options - there is very rarely any justice. This is AMERIKA. These thugs with badges belong in a cage for a long long time.
New video coming tomorrow combining our trip to the FBI today and demand to review the 2006 and 2011 video at the Nashua PD tomorrow.
Semper Fi.
http://christopher-king.blogspot.com/2011/07/kingcast-and-mike-gannon-pr...
Wait until you hear the real story of what happened in 2006.
Good luck KingCast! You did a great job with the witness video~
How in the world could they still be holding his video from 2006? Every person involved should be jailed over this.
Yah I know, right? Have you seen the AG opinion in Maryland?
http://christopher-king.blogspot.com/2011/07/kingcast-fbi-mike-gannon-ma...
24 JULY 2011
KingCast, the FBI, Mike Gannon, Maryland AG Robert McDonald all set to tag team Nashua and Massachusetts into the 21st Century: No more bogus "wiretap" prosecutions for taping police in public.
Don't look now but there's new video in Nashua from FBI and Nashua PD.
http://christopher-king.blogspot.com/2011/07/kingcast-video-mike-ganon-d...
http://www.youtube.com/watch?v=GUIPwgTsvYw
25 JULY 2011
KingCast video: Mike Ganon Demands 2011 Exculpatory Evidence of Nashua PD First Amendment Beat Down, Macing.
Pamela Reynolds and I are headed to the FBI in the morning, details and short vid tomorrow.
C
Check this, just wrapped it, look at the players involved on the blog:
28 JULY 2011
Nashua Police abuse survivor Pamela Reynolds and KingCast supplement the Mike Gannon FBI Complaint, she demands criminal discovery & video copy.
http://christopher-king.blogspot.com/2011/07/nashua-police-abuse-survivo...
http://www.youtube.com/watch?v=qgBN3bKltpk
Beat goes on... now we are in Court, Pamela Reynolds' Attorney and I chat for a minute, Nashua PD reneges on promise to provide Mike Gannon the goddamn video.
Watch:
http://www.youtube.com/watch?v=up6p6HnvSe4
Nashua NH Police abuse video hate case: Mike Gannon and Pamela Reynolds #1 First Amendment.
They are the worst, complete and utter shitheads.
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