Oregon Cop Attempts to Intimidate Man Videotaping Traffic Stop
An Oregon man who was videotaping a traffic stop did not allow the officer to intimidate him with false laws.
Phil Logan-Kelly pulled over to document the traffic stop, remaining at a very well-respectable distance.
The Coquille police officer stormed up to him and demanded to know if he was being recorded.
When Logan-Kelly confirmed that he was being recorded, the officer told him he was "committing a crime" — which we all know is false.
Logan-Kelly calmly told the officer that he did not have an expectation of privacy, so therefore, no crime was being committed.
The officer then demanded his identification, but Logan-Kelly informed him that he was under no obligation to provide that either.
The officer then stormed off in frustration.
A couple of minutes later, the officer returned to write down Logan-Kelly's license plate number down without saying a word in a clear demonstration of intimidation.
The video once again demonstrates the importance of knowing and asserting your rights.
Earlier this year, an Oregon police chief announced that his officers would continue arresting people videotaping them even though the local city attorney said people had the right to videotape cops in public.
Fujifilm's X-Pro1, now M Mount friendly
Olympus' Micro Four Thirds 75mm prime
Can you fix the focus on a blurry photo after the fact?
The birth of Mirrorless Cameras
The Joy Of Winning A Photo Contest
Choosing your first dSLR camera
New York City can be beautiful!
Choosing the Right Light Stand
Photojojo iPhone Telephoto Lens review — AudioCast
My week with Q
How To Become A Successful Photographer
"When the Wind Stopped" — poem with 4 photos
Creating The New Family Portrait
Tips for Textures
Cast aways - saving those photographic memories
One Man Show: My 25 Years With Digital Photography
Studio, Flash, & Available Light — Three Books Reviewed
Portrait styling: dangerous pairings
Adobe Photoshop CS6 Product Managers Interview Audiocast
A gift of flowers: unfold your senses
On Set of "Love & Robots" the Film
No-Brainer Setup For A Digital Photo Frame Exhibit - Part 3











Planning “National Geographic” style photo travel
Wilderness Travel 1 Rainforests – Essential Gear
Backlighting Basics
What Moves You?
FIGURES IN MOTION: Decades of Evolving Personal Imagery in Photography, Part 7
Lomography Store, Austin, Texas — GALLERY
GALLERY — Up to $1,000 Reward for Cattle Rustlers
25% off on photography eBooks
eyePhone: The eBook for iPhone Photographers
Interview with Harold Davis — Closeup Maestro of Flowers & Water Drops
Interview with Steve Caplin — Photoshop Digital Artist, Commercial Illustrator, & Author
A Brief History Of Light & Photography: Part 3 of 3
A Brief History Of Light & Photography: Part 2 Of 3
Easy technique to select, edit and sequence keywords for web
How much should you charge for a photograph?




























Comments
Brilliant! Make him eat crow Phil! Good for you flexing those muscles right back at the officer!
Have to love the professional demeanor exhibited by the officer. A professional elementary school bully, that is.
Phil shows us that they are often easy to handle when not fed the confrontation they want. XD
As a professional journalist have you ever heard of a dictionary? It's HASSLE not HASSTLE
Typos happen. Besides, Carlos didn't create the video, the Oregon videographer did. Why so serious?
Yup, it was my typo. Carlos is innocent of the charge.
Thank you for asserting your rights Phil. +1
The proper response to the bully would be to follow him away from the car asking his badge number (on tape) and to make sure to get a good shot of the license plate.
If the City Attorney has stated that the law doesn't give an officer in public any expectation of privacy and allows for citizens to video tape their public actions, and the Police Chief states he will continue to instruct his officers to intimidate these same citizens - Why is the Police Chief allowed to stay in office? Is he not in clear violation of the law and perpetuating intimidation and harassment of the very people that pay his salary and placed him in his position?
Does the City Attorney have the authority to charge the Chief with these crimes and/or request that he resign or be fired?
I was thinking about the very same thing when I read that story the first time.
The more likely outcome is that the citizen winds up pulled over, searched after a K-9 "signals" or some other suspicion, and is found in possession of a felony quantity of drugs.
Seems like this guy filming may be the only thing that kept that dog from getting gunned down.
FYI Oregon happens to also be a SINGLE PARTY CONSENT state, which means that as long as a single member of the party knows that it is being recorded, there is no obligation to inform the other parties of such recording.
http://www.rcfp.org/taping/states/oregon.html
Also, recent court decisions set precedent that any public official in the public performance of his duties has ZERO expectation of privacy, and this decision specifically relates to recording of officers on the job, but was broadened by the language to include ALL public officials performing their jobs in view of the public.
However, it's apparent that officers have the right to continue to harass citizens who understand the law. We know that because the Chief of police continues in his job even though he instructs his officers to disobey the law.
http://fprison.wordpress.com
I agree with you up to the point where you put a conspiracy theorist whack job's blog link up here.
Fuck Pete Brewton, and fuck James J. Lee too - He had it coming.
People who know their rights make Police look foolish.
I think it should be illegal to know your rights.
Writing down a license plate is a clear demonstration of intimidation?
if it wasn't intimidation what other explanation can you give?
Armchair quarterbacks. The officer was correct, but of course none of you know how to check for yourselves and assume the dolt holding the camera knows what he's talking about.
Try looking up Oregon Revised Statute:
165.540 Obtaining contents of communications.
C. is the part the cameraman might want to have a gander sometime. Oddly enough I talked to the officer involved and the young men were arrested on drug charges.
" 165.540 Obtaining contents of communications. (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of this section, a person may not:
(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant.
(b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communication to which the person is not a participant.
(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained."
Try reading further down:
(6) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings:
(a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events;
In other words, conversations that occur in public, recorded with unconcealed devices.
from https://www.oregonlaws.org/ors/165.540
http://www.rcfp.org/taping/states/oregon.html
Oregon
It is a “Class A” misdemeanor for a third party to intercept, attempt to intercept, or get any other person to intercept any wire or oral communication without the consent of any parties to the conversation. Or. Rev. Stat. § 165.543.
People who violate the statute are subject to fines, not to exceed $6,250, and prison time, not to exceed one year. Or. Rev. Stat. §§ 165.543, 161.615.
Unless one is a party to the conversation or has received consent from one of the parties, it is illegal to obtain any part of a telecommunication or a radio communication. Or. Rev. Stat. § 165.540(1)(a). It is illegal to tamper with telephone wires unless one is a party to the conversation. Or. Rev. Stat. § 165.540(1)(b). One cannot use a device to record a conversation unless all parties of the conversation are informed. Or. Rev. Stat. § 165.540(1)(c). It is also illegal for a party to obtain, divulge, or use a conversation knowing it was obtained illegally by someone else. Or. Rev. Stat. § 165.540(1)(d),(e).
To record a conversation with an unconcealed recording device, all parties to the conversation must either know or reasonably expect that the conversation is being taped. Or. Rev. Stat. § 165.540(6)(c).
The state’s highest court has held that taping of a telephone conversation with one party’s consent was not illegal under the statutes. State v. Lissy, 747 P.2d 345 (Or. 1987).
Defendant’s utterance of words into a telephone during a phone call to a third person, in the presence of an informant who was wearing a body wire, was a “telecommunication,” which by statute could not be obtained by a non-participant in the conversation without consent from at least one participant. Oregon v. Fleetwood, 16 P.3d 503 (Or. 2000).
No Oregon statute prevents eavesdropping. Oregon v. Cartwright, 418 P.2d 822 (Or. 1966).
A court of appeals ruled in 1989 that the restrictions of these statutes placed no burden on the First Amendment rights of journalists. State v. Knoble, 777 P.2d 985 (Or. Ct. App. 1989).
And here's a PDF file written by a city attorney for the police.
http://media.oregonlive.com/beaverton_news/other/Interception%20of%20Ora...
Thank you Phil, that should decisively shut these cops and cop sympathizers up.
"By the way officer, that's not my car." -- would have been hilarious.
Post new comment