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How much should you charge for a photograph?Rochester Police Arrest Woman For Videotaping Them From Her Front Yard
Update: Rochester police resort to retaliatory tactics against citizens
A woman was arrested for videotaping police from her front yard in Rochester, New York.
Emily Good, 28, was recording a traffic stop where police had a man handcuffed on May 12th. The video was uploaded to Blip TV today.
The cop who arrested her has been identified as Mario Masic, according to the Rochester Indy Media.
A man named Mario Masic who happens to be a police officer in western New York also runs a business called Harvest Moon Malamutes.
You can friend him on Facebook here. Or you can email him through his business email address at harvestmoonmalamutes@live.com.
The video, which has since gone viral, shows Masic hassling Good with absurd notions after he notices her recording.
“I don’t feel safe with you standing behind me, so I’m going to ask you to go into your house,”
“You seem very anti-police … due to what you said to me before you started taping me.”
It is not clear what Good said before she started recording, but if she said anything threatening, they would have arrested her at that moment.
She ended up getting handcuffed and taken away after she refused to walk into her house, even though she was clearly on her own property.
A friend or relative ended up taking the camera and we see her being led away.
Neighbors who witnessed the interaction confirmed she had done nothing wrong.
Meanwhile, the man they had originally handcuffed was released.
Mickey H. Osterreicher, attorney for the National Press Photographers Association, fired off a letter to Rochester Police Chief James Sheppard demanding that Good's charges be dropped.
Sheppard told Osterreicher and the Democrat and Chronicle newspaper that he has ordered an investigation, which normally is police talk for sweeping it under the carpet until the media attention dies down.
Comments
Another case of contempt of cop.
Officer Mario has changed his Facebook identity to Trapper Hunter. He cannot explain away his opposition to the Constitution so he hides behind an alias
He goes by yukonhunter on mapletrader.com
FREE SPEECH & PRESS TO PHOTOGRAPH ON MY FRONT LAWN PEACE OFFICERS OR YOU CAN KISS MY WHITE ASS ‹^› ‹(•¿•)› ‹^› officer mario.facebook terms & conditions require all people on facebook use there real name NO EXCEPTIONS IF YOU A POLICE OFFICER,JUDGE,POWERBALL WINNER,ETC.,UNLESS YOU GET MARRIED,your facebook profile must state your real name no alias names,a.k.a trapper hunter,or your account is subject to be terminated for violation of the terms of facebook.ITS THE LAW OF INTERNET and police officers are not above the law on the net either,thats why we have cyber experts.they must follow the same laws as every citizen in there jurisdiction.this dont happen northern usa states time for these officers to return to law school and do a refresher course in criminal law or be treated like a a crimnal
How flimsy did the first case have to be for them to drop it on a dime and go after the lady with the camera?
You can probably see the Kodak plant and George Eastman House from there.
She's got a good lawsuit. Hope she has a good lawyer.
The officer needs a new job.
Kodak and George Eastman House are in two completely different areas, neither of which are near her home.
Like I've always said, the cops are not here to help us. The fools think that they're our overlords.
She was practically begging to get arrested and then she starts crying?
I don't see or hear anything which indicates that she wanted to get arrested, only that she was unwilling to comply with an unreasonable and unlawful order.
Hmmm... I'm wondering what happened BEFORE We see what the tape shows and who edited the tape before presenting it to the press. What's the background on this individual and why did this all occur right in front of her home? Happenstance? Or were they running to her home?
I would like to see what law, as written or interpreted, that would require a citizen to go into a house at the order of a police officer. Surely, the officer can tell someone, who is NOT breaking any laws NOT to do something, but to require someone to DO something is beyond the scope of their powers
Under very limited circumstances, an officer can do this, examples are if being outside is a danger to your safety, or if you are interfering with police operations, and they can order you to turn off the camera in cases involving minors, sexual assault victims, strip searches, or something involving national security (ex. filming antiterrorist operations), but filming a routine traffic stop is not something they have the authority to stop.
Up until Masic confronted the woman, I did not see him doing anything wrong, even when he did confront her; he can order her to do anything, but it only becomes a crime when threats and arrest are committed.
"...and they can order you to turn off the camera in cases involving minors, sexual assault victims, strip searches, or something involving national security (ex. filming antiterrorist operations)..."
Where does this belief come from because this statement is absolutetly false?
What is it with people in this country who have no idea what they're talking about and then come on the internet and regurgitate something they heard as if it were fact?
I suggest you research what we can and can not photograph from public space befoe you leave another inane remark like this.
What? No.
Dealing in order: Danger to your safety isn't the province of the police...you are free to risk your life in stupid ways all the time. If police were chasing someone with a machinegun, and told you to get inside (something they should do) but you refused, you wouldn't be subject to arrest, you'd just be stupid.
Interfering with police? Maybe, that's pretty broad.
Order you to turn off camera? Minors who are naked, sure. Even the "in the public" wouldn't be a defense to the various laws that make criminal photographing nude minors. Otherwise, minors in public are subject to public scrutiny, including photography. As are sexual assault victims. If police are conducting a strip search of an adult in public, a photographer wouldn't be breaking the law in photographing it. National security is a particular line of bull crap. There are no such restrictions for public photography.
Dear Evil Warlord,
Horsecrap! Perhaps you might cite some code or decision to support your statement: "examples are if being outside is a danger to your safety..." with respect to ordering you INTO YOUR OWN HOUSE FROM YOUR OWN PROPERTY. The officer may, of course, issue such an order, but it carries no lawful weight. We, as free citizens, are not small misbehaving children able to be told to stand in a corner. The city is going to write a large check in this case, as the officer was absolutely in the wrong, and did in fact violate Ms. Goode's civil rights.
And you are probably correct, in that until the officer actually arrested her, or threatens to arrest (it is practically the same thing - only the $$$'s differ) he is doing nothing actionable. But, once he crossed the line to harassment and then actual arrest it was clearly a civil rights violation.
I just updated the post with her name and charges.
I really hope she files a Section 1983 civil rights lawsuit against these officers. A great case to use to help find relevant citations would be Robinson v. Fetterman, et al.
www.paed.uscourts.gov/documents/opinions/05D0847P.pdf
Funny... google cache of his dog website has a phone number listed. Must have edited that out in a hurry.
According to Hotfrog.com, the number is (716) 799-4500.
Funny... google cache of his dog website has a phone number listed. Must have edited that out in a hurry.
Funny... google cache of his dog website has a phone number listed. Must have edited that out in a hurry.
Funny... google cache of his dog website has a phone number listed. Must have edited that out in a hurry.
I am totally blown away at the complete stupidity of this police officer. Ms. Good was peaceful, physically non-resistant and well within her own rights on her own property. Wow.
She can sue for trespassing, unlawful arrest and basic violation of civil rights.
I hope she gets seven figures out of this one.
"I don't feel safe with you standing behind me.: Well, I've got news for the cops: I don't feel safe standing anywhere near a cop. They are nothing but thugs with badges.
Don't allow the actions of one thug to tarnish the rest of them. Most police officers are fine men who put their lives on the line to protect your life and liberty; it's unfair to characterize them all as criminals because of the kneejerk actions of one of them.
"I don't feel safe with you standing behind me."
And I don't feel safe with you standing in front of me, so we're even.
The officers name is "Mario Masic" according to this eye witness report.
http://rochester.indymedia.org/newswire/display/27018/index.php
Thanks for helping this get the attention it deserves Carlos. Shameful it is happening in my area.
The Chief of Police Rochester police Office can be contacted by calling (585) 428-7033
Call and leave the message that arresting American citizens engaging in constitutionally protected activity on there own front lawn will not be tolerated. The entire country has seen with there own eyes his officer Willfully and maliciously using the color of his authority to deny this women of her civil Rights.
Just updated story with cop's name.
Wait, so someone here suggests executing this cop, and your reaction is to post the cop's name? Good call.
The suggestion (by a commenter, not Carlos) to summarily execute cops was vile and utterly uncalled for, but that has nothing to do with Carlos publicly noting the name of a public servant who publicly acted inappropriately.
Only the state can execute someone, and then only if that person is convicted of a capital crime.
Let the courts handle this. If he acted criminally, you're not justified by responding in a criminal manner.
Mr Masic definitely needs to listen to this
video...Aint no way to treat a lady.
http://www.youtube.com/watch?v=mrhMhOlzry0
Play this for the cops.
The cop was justified in telling her to back up and away from the traffic stop. She didn't have to get that close, she could have recorded from further back in her yard.
What if the guy the officer pulled over was a friend of hers and he pulled into the driveway instead of the side of the road. Does that give her the right to approach her friend's car during the stop? Would that give her the right to interfere in anyway with the traffic stop simply because the guy pulled onto her property?
Nice explanation of everything that didn't happen
She was well within her property. Courts have ruled that anyone in public do not have a reasonable right to privacy (regarding cameras etc). Unless the police are above the law, that includes them.
Since when do the police (except in a police state) have the ability to command a citizen for whatever reason they deem, and arrest when orders are not followed? Do we live in a police state?
Did the officer have reasonable suspicion to enter her property and arrest her? What crime was she committing?
What have americans fought and died for since the Revolutionary war? Was it so that our police can do this? Was it so that we can live in a Police state? Was it to give the police total authority to commit any action they care to and remain above the law?
What would happen if I took that stance while being filmed in a public area, and restrained the woman? What would be the court's reaction to that?
No he didn't, and Ms. Good had every legal right to stand on a public sidewalk that was still open to document Mario Masic accusing this man of possessing narcotics.
Why did Masic only consider Emily a threat to his safety and not any of the other witnesses watching this event, including the person who was with Emily who took the camera away her?
If Masic's unlawful orders and actions were legal then why did he after huddle behind a school with a bunch of other cops and an unidentified Sergeant for an hour trying to figure out a way to justify his unlawful arrest of this woman.
Good cops who follow the law aren't concerned about cameras.
Here we go again. The more "Bart" posts, the more he sounds like "Johnny (Cops Can Do NO Wrong) Law's" clone.
Rail Car Fan
These cops should be sued first for trespassing onto the woman's front yard and then arresting her for doing nothing illegal, sue each cop for being stupid, then give them the worst place to patrol, that may smart them up, although highly doubtful it will.
Absolutely classic information. If you can separate yourself from the emotion, just look at the words the policeman uses. This is exactly why this problem isn't just a "few bad apples," but is the entire institution of "law enforcement" today:
"It doesn't matter, those are our orders."
and
"I'm not going to explain myself, you're going to jail."
The police are clear: you have to obey them, always, no matter what order they give. They do not have to have a reason. You don't have to be breaking a law. You obey or go to jail. The police today honestly cannot see any other option. They ARE god, and if you disobey ANY order they give, they will arrest you.
This policeman should be fined and fired. I imagine the chief will say how proud he is of his fine officers and that an internal investigation will reveal that the officer acted appropriately. Obey or jail. There is nothing else to the police.
you are incorrect. Enough said.
I think much more needs to be said
I'm pretty sure you are a fake lawyer!
and you would be wrong. Georgetown University Law Center graduate, former prosecutor.
Sue the cop as an individual for his stupidity. Don't make taxpayers foot the bill.
Qualified Immunity.
If we're going to pass laws, the first one should be to remove about 95% of the immunity taxpayer-funded thugs currently enjoy. And watch these kind of events vaporize.
If the claims of the four officers and a Sgt. having a pow wow on how to write up the report in a favorable light are true, and this comes out in the investigation, qualified immunity would likely be thrown out the window for all 5, opening them all up to personal civil suits.
If tax payers don't foot the bill, then the city leaders feel no pressure to change things.
So...this is why Americans, since the revolutionary war, have fought wars and given their lives for? I thought we served, fought for and died for freedoms.
Not, I REPEAT NOT so some punk of a cop with a John Wayne complex can order us around, thinking that we HAVE to obey him or go to jail. Not so that we can live in a police state where the police have the right to arrest for any reason they chose.
This was a clear violation of the ladies rights, and I hope he pays the price for his actions.
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