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This cannot be tolerated in our society.
Relax - we aren't in a "police state" yet, in spite of what the moonbats would have you think.....
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Use some common sense here. It's reasonable to think that in this day and age, snapping photos of a cop doing his job is DEFINITELY going to create a controversial situation that could easily escalate to what happened here.
You are dead wrong, JO. Dead wrong. One does NOT "have to question why the dude decided to photograph the cop in the first place." One may feel free to ask that question if one wishes, but one doesn't "have" to -- and the "dude" certainly doesn't "have to" answer. On the contrary, if someone asks why he's taking the picture, he may feel free to not answer, because he has every right to take the picture, and no one has the right to demand an explanation as to why he's doing so.
Taking a picture in a public place, of an individual who is not within any zone of privacy, is not an illegal, or even a suspicious, activity. It's even LESS so (not MORE so) when the individual in question is an officer of the law, whose activities are inherently and properly subject to public scrutiny. (Police officers work for the citizenry, not the other way around!)
Engaging in perfectly legal, non-threatening, non-disruptive activity does not (legitimately) subject an individual to interrogation from the police. You know why? Because we don't live in a police state. We live in a nation of laws. The police only get to interrogate you if you BREAK THE LAW, or at least appear to be doing so.
Citizens don't have to justify their clearly-legal activities (like taking pictures in public places) to all askers. They only have to explain themselves if they're doing something that constitutes, or could reasonably be interpreted as constituting, breaking the law. If they're just standing there, doing something they have every right on God's green earth to do, nobody gets to demand that they explain themselves.
That said, I agree with you that, as a factual statement, "snapping photos of a cop doing his job" will often "create a controversial situation that could easily escalate to what happened here." And that is a huge, huge problem. It's precisely what I am objecting to. Because that should not be true, and to the extent it is true, it is an affront to our freedom and liberty.
What you call "common sense," I call authoritarianism, my friend.
(Aaaand, there goes 12 minutes of my blogging/commenting time for the week...)
Is there a prize for whomever as an individual causes you to use the highest number of your weekly 'billable' blog minutes ?
Perhaps an entry on one of the side-bars ?
(grin)
The big , however, comes in when we ask what prompted this individual to take the picture. If he was simply out taking photos of the birds, bees and happened to snap a picture of the cop for no other reason than the cop happened to be in the frame, then yes this individual had his rights trampled on by an abusive authoritarian cop-thug. However, if the individual reasonably knew that by taking this picture, it would instigate a confrontation and took the picture simply for that reason, then a case could be made that this individual is not so innocent and by his actions caused the confrontation to occur.
Engaging in perfectly legal, non-threatening, non-disruptive activity does not (legitimately) subject an individual to interrogation from the police
You only have the word of the individual here that he was acting simply in a lawful, non-threatening, non-disruptive manner. I personally believe there is more to this story than that.
Morally, perhaps.
Legally, he's still completely innocent.
If he knew that "it would instigate a confrontation" because he correctly suspected that the cop would unlawfully tell him he can't take pictures of cops ... how does that, in any way, reduce the cop's culpability, or increase the citizen's, or really change the parameters of this story in any meaningful way?
If that's all your "more to this story" entails, the cop should still be fired and go to jail.
I'm not equating the gravity of the causes, but in principle, how is the scenario you've painted any different? If he "instigated" this confrontation to prove that he has the right to take the picture... HE'S STILL RIGHT, and the cop is still wrong!
Furthermore, if he "instigated" not in the service of any high-minded cause, but just to be a jerk... well, fine, he's a jerk... but again, HE IS STILL 100 PERCENT CORRECT, and the cop should still be fired and go to jail for making a false, illegal arrest.
As my new post point out, jerks have rights too; if they don't, then none of us do. So, "maybe he was being a jerk" is simply not a defense at all. The officer's job is to enforce the law, and by his own admission, he made an illegal order (telling the guy to delete a photo). That's all you need to know about the case. There's really no room for interpretation.
You ARE defending the cop, in a sneaky sort of way, and you're dead wrong.
in particuler was a killer looking for an opertunity! Back then they
could remain in Law enforcement because of the Grandfather era!
This Deputy though had to have been a Rookie or he had been through Academy training. The training, however, does not teach
logic! The way he handled the situation seems to indicate he is another loose cannon! He is in trouble and so is the Sheriff and several other county administrators!
Can you keep me informed of what happens in court ? An dwhether this cop got punished for such an unlawful conduct ?
Citron.innocent@gmail.com
Exclusive photos taken of the arresting officer by Conover's 12-year-old daughter.