Philadelphia Cops Arrest Man For Uploading Youtube Video
First, Philadelphia police ordered a man down at gunpoint because he was openly carrying a pistol, which is not against the law in the City of Brotherly Love as long as you have a concealed weapons permit, which Mark Fiorino did.
Then, after more than five minutes of berating and threatening Fiorino, they discovered was audio-recording the entire exchange, which also is legal.
However, they told him he was breaking the law for that as well.
After detaining him for 40 minutes, they discovered that he had not been breaking the law, so they let him go.
Fiorino ended up uploading the audio clip to Youtube – which again is not against the law – and that’s when the cops arrested him.
If this sounds familiar, it is not any different than the case of Anthony Graber, who was arrested on wiretapping charges in Maryland only after he posted the video of a cop pulling a gun on him at a traffic stop.
But Fiorino was arrested for reckless endangerment and disorderly conduct instead – two months after the actual incident.
Police say he committed a crime because he intentionally set them up to act like complete thugs who have no clues of the laws they’re supposed to enforce.
He goes to trial in July, according to the Philadelphia News.
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Comments
Everybody should be wired, video even better. Hahaha.
So now the oinkers are upping the ante. How dare a citizen carry a weapon as a clear affront to the godlike creatures with badges. They have a license to kill at will and make up the circumstances afterward. How dare you not kneel before him on demand.
Another patriot about to get a payday.
I cannot stop laughing when I read up to here:
"For one thing, Evers said, Fiorino could have been shot. Cops who raced to the scene could have gotten into a car accident or injured pedestrians.
Ultimately, the D.A.'s Office decided to charge Fiorino with reckless endangerment and disorderly conduct."
It is really bullshit!
Not BullShit...Someone should be charged with reckless endangerment and disorderly conduct....Sgt. Dougherty!
The officer escalated the situation beyond a reasonable level. You hear him state to leave his hands where they are, then later he changed his story to say his hands were in his pockets.
Then his directions to other officers were "GUN!" "Send Backup!" so the Sgt is the one who needs to be punished or re-trained at least.
and they wonder why everyone hates them...?
this incident is a great example of why the advice "always be polite and nice to cops no matter what" really doesn't get you far in the real world. sure, if the cop in question starts out polite and reasonable, maintaining a polite demeanor will reduce the chances of escalating the situation... but in my experience with police, this has been the case exactly TWO times out of the dozens of times I've dealt with them. in my experience, cops start out with a negative attitude, and no matter what one says or does, it goes downhill from there. in each of the two times I was approached in a polite and respectful manner, I wrote a personal letter to the officer in question, but I've far more often sent letters noting the deplorable behavior of officers I've dealt with. I am not saying this is the case with ALL police everywhere, but does seem to be the general trend with those I've encountered.
Fiorino is lucky the cop didn't shoot him.
Smart phone running Qik and uploading to youtube as it records.
May save your ass someday.
Mine is set to go with the touch of a finger as soon as the cops arrive.
Philly made an excellent point. I've listened to the recording. Our protagonist was nothing less than polite and respectful, whilst also making sure he got his (correct) point about the legality of his conduct across.
The officers come across to me as aggressive and unprofessional, most especially in regards to their unwarranted dropping of large numbers of f-bombs and sundry other profanities at a civilian. I've said it before and I'll say it again; if my Chief found that a member had spoken like that in the presence of a civilian, let alone AT a civilian, they would be up on charges.
I agree, the only disorderly conduct I heard was coming from the officer(s) involved; if anyone is brought up on charges, it should be them - oh and the DA, for their shameful agreement to a prosecution that I can only interpret as thinly-disguised - no, UNdisguised - revenge for the posting of a recording showing cops in such a bad light. No immunity for acts that are malicious, remember...
I'd be interested to hear Johnny Law's take on this.
Oh, on the "GUN!" thing, that's reasonable; they even teach firefighters and EMTs to clearly verbalize 'GUN" if they ever encounter a firearm at an incident scene; it's important that everyone be aware there's a gun involved. Standard procedure, don't read anything into it.
Mike
It's not terribly unusual for a bad cop to charge his victim with the cop's own misconduct. A guy who gets beaten by a cop, even without resisting (beyond the bruising of the cop's knuckles with his face), will often be charged with battery on an officer; Both because of the assumption (regardless of any evidence) that a cop wouldn't beat someone except in self-defense, and because the officer will file those charges as well.
Given the way the courts treat an officer's testimony as being superior to that of private citizens, the only real defense against that sort of thing is video disproving the officer's testimony. Good thing that guy in Philly had the foresight to be prepared to record, though video would have been better.
The guy was stupid for wanting to stand there and debate while a cop is pointing a gun at him. It's a great way to get shot. I also don't blame.the officer for dropping a f-bomb or two once the guy refuses to obey his commands.
However once the situation is under control, he needs to dial it back. I think the police were very unprofessional with their language. If there is an ordinance for refusing to obey the lawful commands of a police officer, I think he should be charged with it. I also think the officers need to be dinged for unprofessional conduct.
Since when is it OK for anyone including a PIG to aim a lethal weapon at someone that has not done a damn thing? This PIG needs to spend a few years behind bars at the very least.
How many felonies would it have been if some person had pulled this stunt without benefit of badge?
We'll have to agree to differ. An LEO is supposed to be polite and respectful to civilians that are polite and respectful to them. The difference in tone, attitude, and demeanor between the civilian and the sergeant couldn't be more marked and significant. I repeat, the only person who could be accused of disorderly conduct in this encounter was the LEO.
To my way of thinking, when an LEO, who is supposed to be polite and professional, resorts to aggressive and profanity-laced language when confronting and unthreatening civilian going about their lawful business... that smacks of pure intimidation. The officer is effectively saying 'I'm the cop, I don't give a fuck, all the PR fluff about how our PD protects and serves and respects doesn't apply to ME or YOU, I'm in fucking charge and I'm going to openly use 'fuck' to show you I have no intention of treating you with respect, I'm going to fucking get your obedience, and maybe some fucking fear too'.
That the civilian refused to be intimidated and refused to rise to the bait of the profanity, or descend to the level of the cop, speaks very highly of him. That we can reasonably speak of 'descending to the level of the cop' speaks very badly of the cop, as you concede. I wouldn't stop at disciplinary 'unprofessional conduct'; this seems to be a case of what, in the UK, would be called criminal 'threatening behaviour'; I don't know the appropriate US charge.
We could then get into when an LEO can 'lawfully command' an unthreatening and polite civilian who is innocent of any crime to kneel on the ground...
Mike
Unlike other cases where such LEO behavior was for "Contempt of Cop", Given officer Doherty's tone of voice, I think he was scared, afraid and ignorant of the law, so instead escalates the incident. Because of his fear, he escalated the situation beyond any reasonable measure. He could have asked Mr. Fiorino to give him the gun, or to throw it our of his reach, but instead decided to make it an unjustified case of police powers. IMHO, the the officer is a total putz, who is so scared at the sight of a firearm, he would have wet himself if not for numerous back-up officers coming code 3 (and needlessly endangering the public) rather than calmly and rationally dealt with the situation at hand. Hopefully this incident will cost the city, and the officer some serious $ so that that they might actually learn the law. I know, I know, but we can have hope can't we?
yea sounds good BUT touch that gun to throw it away and you will be shot. then he can tell his family what a hero he is. po-po full of tricks.
makes me wonder if those PIGGY morons can even read?
and if they can, do any of them own a PC and have access to the internet?
i would like to think, at least 85% or more can read, own a PC, and pay for access to the WWW!!
but i may be wrong, as i have been in the past and will, no doubt, be also in the future.
the "KEYSTONE COPS" would learn faster then the COPS doing this shit. and what their own co-workers think of them and of what they are doing, let alone the, 'common citizens" they are doing it to! "payback is a mother fucker". i am a firm believer of karma.
what you do in life to others comes back on you, and bites a chunk out of your ass, and you wont see it coming!
well all this is mute anyway, the world is ending MAY/21/2011 and if ya dont believe me, ask carlos!
The police behaved very poorly. I listened to the whole 40 minutes, and it really boiled my blood.
That said, it's important to recognize that these officers gave the audio recorder back and didn't tamper with it, even after realizing that they had been recorded and probably sounded like idiots.
While there are a lot of police officers that need to learn more respect for the citizens they are serving, and need to be educated more on the law, there are others that wouldn't hesitate to tamper with evidence and press false charges. Those are the serious problems.
These guys at least had the courtesy to wait a couple months before filing false charges.
It would have been much safer for Fiorino to get on the ground, and then have the conversation with Ofc. Doherty.
With a cop pointing a gun at him and yelling to get on the ground, he coulda easily gotten his nuts blown off. Whether he was legally open-carrying was irrelevant to the situation at hand.
Otherwise, the charges sound bogus. I didn't hear or read anything that sounded like Fiorino was recklessly endangering anybody, and I'd love to learn how the prosecutor arrived at that conclusion (anybody got a link the the court papers?)
Sure, the cop overreacted, but he was ignorant. The charge that would probably stick better was not obeying a lawful order from a cop, but I have no idea what's lawful in a situation like that. JL can say better.
Next time, save the bravado for the people you got the permit for -criminals. Do what the man with the gun says, then you can inform him that he's incorrect. You'll live longer.
Here's Fiorino's docket-
http://ujsportal.pacourts.us/DocketSheets/CPReport.aspx?docketNumber=MC-...
"It was a setup. He's done this kind of thing before" - the prosecutor better have more than this if they want to win the case.
see below
Wow. They are totally making shit up. He never had conduct which places another person in danger (a gun on the hip does not meet that requirements) nor is he disorderly (well, nothing the statute says applies).
Just, FYI, here is the statutes in question:
Reckless endangerment, 18 § 2705.
" Recklessly endangering another person.
A person commits a misdemeanor of the second degree if he
recklessly engages in conduct which places or may place another
person in danger of death or serious bodily injury."
Disorderly Conduct 18 § 5503.
" Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public"
means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons,
apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public."
BTW, I'll point out that based on previous case law, (3) is unconstitutional, and cannot be applied in this case.
I carry, usually concealed but sometimes openly. I have been approached by officers which I expect to happen when I open carry. Never had a problem with them. I carry for protection.
This guy carries for attention. It's guys like this doing crap like this that is going to get laws passed to outlaw open carry. Without seeing what is going on it is hard to say if the cops overreacted or not.Knowing he is recording he could be saying one thing but his actions could be something else. This was a setup and I am glad he is being charged, he wanted attention now he has it.
Does the law make a distinction between someone who carries for protection versus one who carries for attention? I'd think not. As long as the guy is properly licensed, his motivation for carrying a weapon is irrelevant.
"I carry, usually concealed but sometimes openly."
If this was even remotely true then you would know that you NEVER leave the house without a recorder. What kind of a recorder or camera to carry is just as much a discussion as what holster to use among citizens exercising their 2A. Open carriers, as witnessed in the audio, know more about local laws than the cops. Open carriers are well versed in how to handle the inevitable confrontation with police. This is what we witness here.
If you indeed open carry why do you not know this? And if you DO open carry you need to educate yourself immediately.
There is a difference between refusing to be another victim and seeking attention.
No law can be passed to ban open carry until the Constitution is amended to not recognize this natural right of self defense. If a law is passed without the amendment it is "null and void".
If the 2nd Amendment is removed police will be disarmed also. They get their "permission" to carry from us. If we no longer have a right to carry, we can't delegate it.
The police are supposed to protect our rights, not treat us like convicted criminals for exercising them. If this was a "setup" it exposed cops violating the law. I thank the citizen who risked his life to expose bad cops.
We do not get our rights from the second amendment. And no they do not get that right from "us" either.
Have you ever heard the term inalienable rights? Please do your diligence.
You misunderstood me. Cops get permission to defend us with armed force because we have a right to self defense with armed force. We can revoke that permission by refusing their protection.
Also, the SCOTUS has ruled we cannot sue if the police see we need protection and choose not to help. But we are forced to pay "protection taxes" anyway. This contract would be void if made between two citizens. The gov does not obey the laws it forces on us.
It is relevant. Purposely going around causing situations like this is going to one day cost me my right to carry. These attention seekers are doing more harm than good.
Wow, you remind me of SunnyUK, afraid to exercise your rights because of the fear of losing them. What good is the right to use a camera in public, or open carry your gun, if you don't feel you have the liberty to do so without endangering that right?
I'm not afraid to exercise my right to carry. Didn't you read my initial statement? There is a difference between exercising your right to carry and wiring yourself up and setting out on a mission to cause a scene.
I have been stopped by police when open carrying and never had a problem. I understand their concern when dealing with somebody carrying a gun. I never had a cop stick a gun in my face.
It's like everybody has a Napolean complex or just plain don't like authority. I say grow up and get over it. If your feelings get hurt because a cop talks to you then you probably don't have the mental stability to be carrying a gun in the first place.
"I'm not afraid to exercise my right to carry."
If this is true then you would know that every state is different. Cops act differently in different cities and states. This depends on the laws of the state, how they are written, WHEN they were enacted, and IF the cops decide they will follow the law.
If you don't need a recorder to protect yourself in your city then good for you. I still suggest you converse with other citizens who exercise their 2A rights for your own protection. By your comments here it is glaringly apparent you do not have the proper training to keep yourself safe while carrying. Safe handling of a sidearm is only one aspect of gun ownership.
And for the record why are you allowed to enjoy your 2A rights but everyone else gets called names?
Seriously, if two guys are walking down the street openly carrying a weapon in a holster, can you distinguish the one who's doing it for protection versus the one who's doing it for attention? Up until the moment the cop confronted the citizen, he had no clue what his motivation was. Meanwhile, the citizen was merely exercising his right under the law, a law which the cop obviously was clueless about. If you want to assign blame, give it to the stupid cop who should know what the law is before he launches into a tirade.
And even if the guy was seeking attention, perhaps it was to illustrate how clueless the local cops are. I have no problem with that. If the cops are incompetent, don't you want to know about it?
Your right to carry is not revokable because of the action of another. If exercising a right gets "attention" then we need to examine the actions and attitudes of those who force their attention on citizens going about their business. We don't question cops who wear a gun but not all cops use their gun in legal ways. That is no reason to stop and question all cops. Citizens expect the same respect. Wearing a badge and uniform does not make them less dangerous or more moral.
The attention-seeker can't be blamed here.
If open carry is legal, then he is just
exercising his rights. A "right" that gets you
arrested or shot is just an empty promise by the Gov't.
Blame the ignorant cop for not knowing the law, not the guy who is legally walking down the road.
The "get on your knees" part creeps me out.
Just half a step away from some weird sex request.
I hope he exercises his right to sue the hell out of Philly. Fucking fascists.
I don't know whom is saying he did this to gain attention oh wait was it the same officers who tried to arrest him in the first place. I think police officers are truly beginning to overstep the boundaries would it have been different if he had been an off duty officer from another state trying to show them his id. I am not going to take a policeman's word saying he was trying to draw them into it. I heard the recording.
Un f'ing believable! I will say it again Un f'ing believable. And these stupid, dangerous SOB's are still "serving us" I presume?
We the people need powerful and effective means (other than shooting them) to deal with criminals that wear uniforms. If not it is going to come down to having to shoot them sooner or later.
Well.........
Once again we see the stupidity of uneducated Cops who go around flaunting their "I can do NO wrong" authority.
Let's face it (and the fact is), a lot of cops are just this way. They get bull headed to the point of being close minded when it's pointed out to them they're wrong and instead of admitting it (because they'll be embarrassed if they do), they fall back on trumping up charges to cover themselves.
It'll never change as long as they can get away with it and have (in most cases) the backing of the Union behind them. Even when they get sued the payout $$$$ doesn't affect them because it isn't coming out of their pocket.
As far as I'm concerned the Cops are the biggest "legal" gang of bad guys there is. Who in the non-LEO public could get away with what they do and not have to worry about it.
Rail Car Fan
I cannot support an organization that engages in "reckless endangerment" and then blames the victim. This cop will be supported by his boss, his fellows, and the legal system, e.g., no charges will be leveled against the cop or the DA who files false charges. Citizens have been shot to death, tazered to death, and violated all over the country in every state without penalty. We have a lawless police state and a lawless Federal government.
Look at the statistics. More citizens are killed by cops every year than criminals. So who will protect us from our protectors?
When are the citizens going to learn, it's illegal to show the world that cops are idiots with a badge and a gun.
Sheesh people... get with it.
Hazza:
please show me the law, If everyone starting asking maybe there would be some change, but your not even allowed to ask now.
but that gets back to some other shit, anyone may abuse the system, and how the ones that own the SYSTEM makes me want to vomit! the ESQ., COPS, and of course the judges are the system and the do just about what they want to us, within it. the only way we have any chance is to have an informed JURY!
without a jury doing what they want like puppets, jumping at their every command. they can do nothing to us. and the internet is part of the problem they have! its the end of the "PUPPET juries"!
if they cannot seat an entire jury that does not know about how a jury may nullify a LAW. THEY have lost even before the trial starts, and they know that.
i have seen first hand how they do this to jury's and how the "jury puppets" are created and used by "THEM".
the U.S.District Criminal and Civil court system is a joke, let alone the state level! the FEDS charge and convict for crimes that dont even exist!!!
HAZZA: and as you and I know, the USA is full of sheeple, otherwise known as, aka/puppets
Here are a bunch of comments from LEOs if you are interested:
http://www.policeone.com/patrol-issues/articles/3704021-Incident-changes...
That is SO awesome Johnny TROLL!!! I can't stop laughing!
The very first post:
"Power-tripping LEO's have done the profession a great disservice here. Thanks a lot, guys."
Wonder what they think of power-tripping trolls/fake cops?
Interesting. Thanks for that.
Three points come across to me:
1. Many people believe the cops in this incident acted inappropriately and unprofessionally; I would concur.
2. The man had the right to open carry, that can't be denied. Now if it's going to be the case that exercising that right (in a normal, non-provocative fashion, simply walking down the street) will always, often, or even sometimes result in a cop demanding or insisting that you kneel, or lie on your face in the dirt, or handcuffing you, then the right becomes a purely theoretical one which no-one would dare exercise in practice. That's bad and wrong and dangerous. Would we tolerate such interference with any of our other rights?
3. Some people, including the cops in the recording, accuse the gentleman of 'setting them up'. The point was well made in the link you posted that this only came to pass after previous unhelpful encounters with LEOs, one of which resulted in the legally-carried gun being confiscated for five months. In those circumstances, I don't blame him in the least for ensuring his next encounter was recorded, and if there *was* an element of 'set up' I can't honestly blame him for that either. He was polite and reasonable throughout the encounter, and he achieved his objective; there will be no further incidents of this nature, that's pretty certain.
Mike
+1. Good post.
Thank you for that link. There's a wide range of cop reactions there. Very interesting.
this is why, i think, its up to us to do something about this CRAP, even though u may see COPS say what they say about what is going on. I DO NOT see much if any action by those same COPS/piggies!
BTW, i posted that same link a few weeks ago with a statement i thought was very well said by a COP from that same link!
talk is cheap, i want to know what is being done by COPS that think this is all BS, and the COPS that are doing this SHIT need to stop!
i did not see any suggestions by any of them as to what the NON-cops, us, can do that would make any type of real change!!! i sure as hell havent seen any fakeCOPS here make any suggestions either!!!!!!!!!
question to all COPS that may see this! does dealing with IA have any effect at all on any of those real nasty shit COPS get away with?
The ONLY reason Fiorino is going to court, is because the audio embarrassed the department, period. That's all this is about. More of the same from the blue light gang.
Rance:
i disagree with you, part of the reason is that, WE, yes us NONCOPS allow this shit to happen!
AM I MISSING SOMETHING OR DO THEY ALL GET PAID OUT OF THE TAXES WE ALL SHELL OUT EVERY YEAR?
and the reason we allow it is that most of us out here are SHEEPLE!
BAAAAAAAA BAAAAAAAAAAAAAAAAA BAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
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