Police Threaten To Arrest Man For Recording Them From His Home
A Massachusetts man posted a video on Youtube showing police at his door with the man talking into the camera, claiming cops had been at his door twice that week, including one time when they pushed him as well as took a swing at him.
The video shows the cop at the door threatening to arrest him for audio recording them, which is when the man shut the video camera off.
In the Youtube description, the man who goes by the username MARKETING2DAY, said that Haverhill police had threatened to arrest him if he posted the video on Youtube.
That was Friday. As of Tuesday, he was still commenting on Youtube, so apparently had not been arrested yet.
Still seeking details on this one.
This is how he described it on Youtube:
police pushed me out of the way and barged into my home. said recording them within my own dwelling was illegal.
A federal appeals court ruled that the people have the right to record police officers when they're on the job in public. A U.S. First Circuit Court of Appeals judge found that a Massachusetts law used to ban such actions is unconstitutional.
now that we got that out of the way... people need to stand up for their rights. I asked the police politely to go talk to my wife who was in the back porch, instead of doing so, one officer pusshed me out of the way. as I walked up the stairs into my home behind them he took a swing at me which I dodged.. my wife and I were getting ready to go to bed after spending some time at my brothers house.
the police officers also told me that I would be placed under arrest if i put this video up on youtube. If I am in jail today, then you know why. question is, why arent they in jail since they entered my house without a warrant. their was no emergency, my wife and I were settling down for bed. no emergency... spread this video, let the people wake up to how our rights are being removed from us. this used to be a free country, what on earth is going on?
I am seeking legal help, if anyone could help me get to the bottom of this, please add your comments below. thank you and have a wonderful new years.
UPDATE: I ended up interviewing the man in the video, whose name is Hector Nunez. Here is that story.
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Comments
MARKETING2DAY needs to contact his local ACLU chapter for legal assistance. The sooner the better.
Something about this guy's story just doesn't add up. I'm having a hard time believing that a cop took a swing on him without charging him with resisting arrest. I'm calling BS on that. I wouldn't have turned my camera off just because the cops told me to, but I guess some people just aren't willing to do a bid when it comes to standing up (laying down in this case) for their rights.
There are not many details at this time but I am not writing anything off right now.
Yes, cops do push people. Yes, cops do swing at people.
And yes, it can be pretty intimidating when a cop tells you to turn off a camera or go to jail.
The guy obviously was in a frantic frame of mind.
Judging by his demeanor in the video, I'd say you're right that he was frantic, but I'm just not ready to believe him at the moment. Cops don't just randomly go to people's homes and barge in without having a reason. They may not have had a warrant, but they MAY have had probably cause or reasonable suspicion to believe the person they were looking for was in the house... Maybe his son/daughter/niece/nephew was in trouble and that was their last known address? Everything is speculation right now of course, and I normally don't side with police, but to me his story on youtube seems a little too fantastic.
Thank you for bringing his story to light though :D
Just because a cop has "a reason" to barge into someone's house, it doesn't mean it's a legitimate reason. Cops regularly infringe on people's rights and there are regularly stories in the news of cops coming into people's homes without a legal reason.
http://articles.sun-sentinel.com/2011-02-16/news/fl-miramar-officers-bai...
http://www.dwiattorneyhouston.org/drug-case-dismissed-after-police-illeg...
This. If nobody ever did anything illegal, nobody would have ever invented police.
In light of the new interview, and report filed by the police, I'm inclined to believe in the tenant's version of the story now. This seems like a clear cut case of cops overstepping their legal authority.
I never give the gun wielding costumed tax feeders the benefit of the doubt anymore. Seen to many stories like this over the last twenty years.
The Mass courts have ruled that it is OK to record police performing their public duties.
This pay link is to the Boston's Globe editorial saying the cops should get use to it.
http://www.bostonglobe.com/opinion/editorials/2012/01/11/police-and-came...
It is nice to see that Mass is moving in the right direction.
Boston police department admits arresting people for recording them with a cell phone was a mistake.
The Boston Police Department has at last concluded that two of its officers made a mistake when they arrested a Boston man for recording the arrest of another man with his cell phone. In a letter to cell phone cinematographer Simon Glik, superintendent Kenneth Fong of the Boston PD's Bureau of Professional Standards said that the officers had shown "unreasonable judgment" by taking Glik into custody.
Glik's battle with the Boston PD began in 2007, when he saw another man being arrested on Boston Common. After hearing a witness say, "You are hurting him, stop," Glik pulled out his cell phone to document the encounter. The police then arrested Glik for allegedly violating the state's wiretapping statute.
As Glik now describes the event on his own website (he's a lawyer), "This arrest was a vindictive attempt by some unscrupulous cops to suppress citizens’ right to record, observe and comment on police actions."
Glik was quickly released, and the charges against him were eventually dropped. Glik requested that the Boston PD then investigate the officers' actions, but the department concluded in 2008 that the officers had done nothing wrong.
That may have inspired the Boston PD to re-open Glik's original complaint, and this time they reached a different conclusion. A department spokeswoman told the Boston Globe that the officers, John Cunniffee and Peter Savalis, now "face discipline ranging from an oral reprimand to suspension."
"As far as I knew, my complaint was summarily dismissed," Glik told the Globe regarding his original complaint in 2008. "I was basically laughed out of the building. From what I understand, it takes filing a federal lawsuit in order for internal affairs to review a complaint."
Glik's attorney, David Milton, says the fact that it took the department four years to admit its mistake "shows a lack of genuine concern for investigating misconduct by the Police Department."
Milton told the Globe that Glik plans to press forward with his lawsuit against the officers, seeking financial compensation and "a public recognition that what he was doing was perfectly legal."
http://arstechnica.com/tech-policy/news/2012/01/boston-pd-admits-arrest-...
I would believe it. I saw the tv show cops that there were 2 police officers who just walked into thier house without a warrent without notice like as if it were thier house ( and this is on national tv) they started to look around in the rooms and when the victims asked them dont you have a warrent thier response was we dont need one we heard gun shots in the area. Then the cops went into thier room and started to riducule the welding machine he had saying he was not supposed to have that. That is really bad when cops come inside your own house hold and say you cant take picures of cop intruders that enter your home. Yes I think it is very possiable that it was true of what those cops did. The cops charged him for having a ileagle welding machine but later those charges was tossed out
I would believe it. I saw the tv show cops that there were 2 police officers who just walked into thier house without a warrent without notice like as if it were thier house ( and this is on national tv) they started to look around in the rooms and when the victims asked them dont you have a warrent thier response was we dont need one we heard gun shots in the area. Then the cops went into thier room and started to riducule the welding machine he had saying he was not supposed to have that. That is really bad when cops come inside your own house hold and say you cant take picures of cop intruders that enter your home. Yes I think it is very possiable that it was true of what those cops did. The cops charged him for having a ileagle welding machine but later those charges was tossed out
I don't buy it. If those cops were in his home and he was doing whatever near his computer, they would of pounced on him in the name of "officer safety". Either that or they are really bad cops. That first cop took his eyes off him way too many times. I'm not a cop defender by any means, but that just doesn't look right at all.
The Indiana Supreme court has ruled that cops don't need a warrant to enter a home. They can come in at any time for any reason, or for no reason at all, and it's illegal for citizens to try and stop them.
So what was the reason they went into his house? Was there an emergency call from that residence? Had the couple been fighting?
Phred wrote:
"The Indiana Supreme court has ruled that cops don't need a warrant to enter a home. They can come in at any time for any reason, or for no reason at all, and it's illegal for citizens to try and stop them."
Could you link the court decision that says a police officer can enter a house at any time for any or no reason? You would think that would make national news but I have never heard of it.
The police do have a right to enter a house if there is exigent to check the welfare of the involved parties. If the wife had called, then it doesn't matter if the husband wanted them there or not.
For once I'm inclined to agree with you ... there's got to be more to this story. From this limited information there's no way to judge whether the police had the right to enter (or even if they did - they are outside in a hallway at the time the video begins - is this the front door of an apartment?)
However, they were clearly wrong when they threatened arrest for recording them.
The Indiana SC ruling didn't say quite what Phred said it did. What they said was one has no right to resist a police entry, even if that entry is unlawful.
See: http://www.abajournal.com/news/article/in_indiana_no_right_to_resist_unl...
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a1...
I believe he's referring to Barnes v. State of Indiana
It seems they intended to disallow resisting unlawful police entry and instead may have allowed carte blanche to officers. We'll see how this fares at the federal level.
Ah interesting case. To clarify, it says a homeowner can't resist the police but it doesn't give the police legal permission to enter to no reason. The police officer can still be sued, face internal disciplinary action, face criminal charges for civil rights violations, and have all evidence seized thrown out. That is a very different thing than the statement "The Indiana Supreme court has ruled that cops don't need a warrant to enter a home."
They still need the warrant to do so legally (unless there is an emergency).
But since the likelihood of the officer being sued, facing real discipline or criminal charges is low, this is going to be abused by many officers. The Court has argued that there are legal avenues to protest after the fact, but in reality those avenues are expensive, time consuming and often invasive. Most roll over and take it – not just the guilty.
The reason they were there is not the point, the point is that they threatened to arrest a man for using his God given rights and that is a federal crime. THAT IS THE POINT.
I just interviewed the guy in the video. There's a solid story here. I'll be doing an update by morning.
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