Oregon man sues after being arrested for filming cops
An Oregon man is suing the city of Beaverton for $100,000 after they arrested him last year for filming them with a cell phone camera.
Hao Vang pulled out his phone when police began roughing up his friend, who is mentally ill.
Vang began narrating the scene when police turned to him and arrested him.
He was charged with the state wiretapping law that never sticks in cases like this, even though police continually use it.
It didn’t stick this time either because the city attorney dropped the charges.
Nevertheless, police waited two months before they returned his phone. And when they did, the video had been deleted.
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Comments
What a crock. Why isn’t deletion of video evidence tampering? It sure is to me.
Remember, there’s a different standard for law enforcement. They’re not functionally or effectively subject to the same laws as everyone else.
oops, double post
I was arrested under the wiretapping law (165.543), but then they amended the charge to 165.540 (“obtaining contents of communication”).
I couldn’t afford to fight it, so I did pled guilty and did some community service in exchange for an agreement not to sentence the charge (which my lawyer told meant it wouldn’t appear on my record).
Incidentally, they never returned the recording device. Last I heard it was still being held as evidence.
my god I can’t believe this is going on.
In Oregon, police routinely misuse this ancient and ridiculously vague wiretapping law to harass photographers, seize (and destroy) evidence of police illegal actions, and punish people for standing up for themselves.
Depending on how far this case goes, the statute could finally be invalidated or at least clarified.
“I did pled guilty and did some community service in exchange for an agreement not to sentence the charge (which my lawyer told meant it wouldn’t appear on my record).”
Your lawyer lied to you. I’m guessing he was a public defender. It might not show up on background checks required for employment, but the police will ALWAYS have a record of it, as will the judges, when they do a background check of you. There is no such thing as a complete expungement of your arrest record. Police will use that against you in a heartbeat if it happens again.
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