Pixiq

So…

The South Bend police become the owners/renters of the apartment whenever they like?

It’s not their property to declare if people can record or not.

If they don’t want to be on video or photographed, they are of course free to leave.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

This guy deserves a medal. He was violently assaulted for doing no crime and his property stolen. Too bad the rest of the bunch didn’t join in his defense and arrest these idiots.

Where is John………………….y?

Two wrongs don’t make a right.

The cop probably shouldn’t have taken the phone, or ordered the kid to stop filming. The kid shouldn’t have taken swing at the cop. He wasn’t arrested for breaking any wiretap laws (valid or otherwise), he was arrested for assault.

The argument about identity theft and protection of undercover status is a little insulting though – really how stupid do the officers making these statements think we are? Do they know how stupid they sound?

I don’t believe the student swung at the officer. I think they’re just making that up.

Maybe he instinctively tried to grab his camera back and the cops turned that into swinging at the officer.

I’d like to see him argue that he was making a citizens arrest with his fist since the cop (imho) has no right to tell him to stop recording and stole his phone. @Jon: They don’t care how stupid they sound since the apologists (“He should have listened to he po-lice”) always begin to sing when something like this happens. Oh wait, it’s three times a day now.

I don’t believe the kid went after the cop at all, besides we see cops provoke people to react with anger all the time, and then the cops use it against the people they were assaulting as in this case.

Same with cops getting themselves shot, what are they really involved in, who did they screw over in their undercover crime dealing, beat up, or murder?

“And I would really like to see the Indiana law that makes it illegal to videotape an undercover cop when he is acting in his official duty as a public officer.”

No, no, no–this does exist. But it’s a secret
undercover law and if you see it or
anyone shows you it’s a crime. And you
will be charged, secretly, of course.

Not whenever they want mike but when a crime is in progress they can.

I don’t believe that the kid took a swing at a cop either. He was probably grabbing his camera to make sure the cop didn’t steal it.

Also, generally speaking, recording when a crime is in progress is perfectly legal (even if you’re a criminal). The only time it might not be legal is if you’re engaged in some violation of privacy, like filming a sleeping person while breaking into their house. But since police officers, and even undercover officers, have no expectation of privacy while on the job, then that wouldn’t apply to them. Nor would it apply to anyone who shows people their driver’s licence in public.

So I have a lot of suspicions about the police story in this event. Their justifications are baloney and it makes me believe that their assertion of the facts are baloney too.

They *might* have had probable cause to be in the apartment, however, they lacked ANY legal right to swipe his phone and had they not been cops it wouldn’t even have been CONSIDERED to be charged. He should just go ahead and file a lawsuit preemptively for a civil rights violation or 10. Name the officer individually and argue that they should have known their actions were not legal, the idea being to kill their qualified immunity. I’d also challenge the initial entry and demand their basis for probable cause and circumstances of their entry to determine the legallity. There are a lot of ways to hammer the cops on this.

Also even if a law existed to protect undercover cops it would not likely survive a challenge in this or most other cases.

And no I am not a lawyer, no do I play one on TV.

I wonder how it would have gone had he only said ‘No’ and skipped the ‘fuck you.’

“I don’t believe the student swung at the officer. I think they’re just making that up.”

Of course. I guess they all got together and fabricated the officer going to the hospital too right?

Get a grip Carlos. They didn’t beat on this kid for taking pictures. He got thumped because he swung at a cop.

The cops were legally there investigating a crime. They have control of the apartment and the occupants when they are there.

The police had no right to order no filming, much less to confiscate the camera/phone. It’s not their property, and if they can’t order it on public property they can’t order it on private.

They could tell someone to *leave a crime scene* just like they could in public, but have no more right to confiscate a camera not used in the commission of a crime on private property than they do on public.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

Most people take their phones with them when they are arrested and this phone had video evidence on it.

The problem with telling him to leave is he was a suspect, you usually don’t tell suspects to leave.

I’m going to side with the police on this one and not the drunk, underage college kid.

“Get a grip Carlos. They didn’t beat on this kid for taking pictures. He got thumped because he swung at a cop.”

Johnny, it must bother the hell out of you that people view police assertions with the same natural skepticism a reasonable person would view any interested party’s assertion. Of course, that must mean for you innocent until proven guilty is a fantasy.

It actually amuses me that you guys would believe any outlandish story based on absolutely no evidence and lacking in common sense but of course the police are lying through their teeth.

Do you think there are any guilty people in jail? After all, almost everyone says they didn’t do it. They don’t know how those drugs got in those pants. Hell, those aren’t even their pants. The police must have planted it on them!!

Seriously, you live in a dream world of conspiracies and shadows. Take off the tin foil hats. Sometimes people just fuck up and do something stupid that gets them arrested.

@Sydney

Johnny seems to believe that because some guilty people assert their innocence that all people asserting their innocence are guilty… which is just as ludicrous as his assertion that we’ll assume the cops are lying on *every single* report.

Which is silly, because we for the most part talk about cases that are highlighted on this site, cases that are highlighted because they are suspect in some way.

We’re not talking about all police reports in the first place, only a small subset.

There’s also an assertion that the police can’t tell the guy to leave because he’s a suspect… oh, they could, they’d just lose a possible arrest. Officer discretion goes both ways. Doesn’t mean they can tell him to stop filming or take his camera. Whether or not it had alleged “evidence,” going to need a warrant for that.

Or, you can’t violate someone’s First Amendment rights just because you’d lose an arrest.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

Simple question Johnny Law: Do some Police lie in reports?
This is a simple yes or no question. Answer as such please.

It’s reasonable to believe that when the cop grabbed the phone, the man tried to grab it back and the cop didn’t like that and so arrested him, and wrote in his report that instead of the man grabbing the phone he was attacking the police. Local prosecutor naturally charges the man with a felony for trying to attack the cops. That is probably exactly what happened. No conspiracy theories here. Just plain common sense.

Do you think a student at Notre Dame University is going to just randomly slug a cop because the police are crashing a party he’s at? Or do you think that the police are going to get both power-hungry and fearful over the camera, and snatch it from the man, and the man might just naturally try to snatch it back? What is more likely?

Case closed.

The minute the cops ordered the person to stop filming, they lost their credibility to claim that the person “swung at them”. Let’s see what the video shows, I bet you it contradicts the police report.

“But when police examined Ashenburg’s phone later, they found no footage on it, reports show.”

I assume those are police reports the story is referring to.

So the police claim there was no footage on the phone… so there’s no video for them to worry about.

Funny that way.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

See any black helicopters lately?

@Hazy

Note that pointing out to you that there’s allegedly no video to be had becomes a conspiracy theory to Johnny.

He must be especially desperate tonight.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

@Michael

You guys give him way too much attention.

Yep. Should be able to record. However, the student should not have fought with the police. Instead, 5 or 6 of his friends should have pulled out their iPhones are started recording. Never fight a cop, you will loose even if its not right.

People should start streaming the photos and video live to the net for safe keeping. The PD and ask to delete the files, but once it’s off the phone/camera, it to late for them.

nullify.

NEXT!

None of this would have happened if this country returned to its senses and ENDED PROHIBITION for young adults. It is absolutely ridiculous that you can die for your country in Afghanistan and Iraq at the age of 18 but you cannot drink.

Restore the 18 year old age limit and end prohibition now!

@Hazy

Eh, the caricature of a cop needs misinformation refuted and all that.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

Of course. I guess they all got together and fabricated the officer going to the hospital too right?

Get a grip Carlos. They didn’t beat on this kid for taking pictures. He got thumped because he swung at a cop.

Or….

Cop grabs phone, kid tries to grab it back, cob mistakes it for an attack and hits the kid. Other cobs jump in, kid does start fighting cause he is getting “thumped” and the officer does indeed go to the hospital.

So get a grip Johnny.

It actually amuses me that you guys would believe any outlandish story based on absolutely no evidence and lacking in common sense but of course the police are lying through their teeth.

You have as much evidence as we do, yet you feel compelled to make up a story as well.

Do you think there are any guilty people in jail? After all, almost everyone says they didn’t do it. They don’t know how those drugs got in those pants. Hell, those aren’t even their pants. The police must have planted it on them!!

I’m sure there are, but dirty cops do make it hard to figure out who is guilty and who isn’t. And keep in mind the “good cops” often cover for the dirty ones.

Seriously, you live in a dream world of conspiracies and shadows. Take off the tin foil hats. Sometimes people just fuck up and do something stupid that gets them arrested.

Yeah and sometimes its the cops doing stupid stuff, but oddly they often don’t get arrested….at least in the news stories. Maybe you know of stories where a cop broke the law, was arrested and punished and it was not newsworthy.
Steve Verdon recently posted..Olympia Snowe Vulnerable To Conservative Challenge In Maine

What Johnny and some other people think that its wrong to fight an officer.

There is a law that actually states that your allowed to fight back against any unlawful actions taken by a police officer just as long as you don’t take the police officers life.

Sadly prosecutors only back up the cops and never the victims.

Sorry, the notion of trying to protect the identities of undercover officers is here by rejected. Once they announce themselves as officers or start arresting people while having been(past tense) undercover, they are thus exposing their own identity as an officer. Also, just because they say there are undercover agents present, they do not get to preempt our rights and tell us to not record. I am pretty sure I read about a court case where it was decided that being undercover doesn’t matter, if they are out in public, they are still subject to the possibility of being caught on cam, and none the less, if they are in someone elses place, they are still subject to being caught on camera. Just because they set up their own self proclaimed control doesn’t mean didly shit. They don’t just magically own someone elses house and tell people what they can and can’t do. Sorry, these such notions are hereby rejected.

Undercover cops are some of the worst scum on this earth. Fuck them and their corrupt cop buddies, the whole lot of them should rot in jail.

No, of course you are right Johnny Law, the police NEVER fabricate their story.

“Braidwood concluded the officers later deliberately misrepresented what happened at the airport to justify their actions.”
“‘I found all four officers’ claims that they wrestled Mr. Dziekanski to the ground were deliberate misrepresentations made for the purpose of justifying their actions.’”

http://www.cbc.ca/canada/british-columbia/story/2010/06/17/bc-dziekanski...

Alogon,

So that incident in Canada means this incident is fabricated? Awesome logical leap there.