Friday, January 29, 2010

We're the Only Ones Social Networking Enough

“The police officer was chatting on Facebook,” said Brown. “I think that’s wrong.”

So Brown took out his cell phone and took a picture. That’s when he claims the officer arrested him.

“Pulled me out of the car, grabbed my phone, and I said I don’t think I’m breaking the law here … I’m not under arrest,” said Brown.

Brown said the officer then said “Well, you’re under arrest now.”

Brown said the officer handcuffed him, took the phone and hauled him off to jail.

Brown claims he was never read his rights and the officer wouldn’t give him his name. As for that picture, Brown said when officers returned his phone, the picture was gone. [More]
Hmmm--how to prove it?

I'd think a subpoena to Facebook would confirm activity at the time being alleged...and if it turns out to be a case of "Only One" citizen abuse as a method of CYA, he should be unfriended and introduced to another "social networking group".

[Via Ben G]

11 comments:

Anonymous said...

This is an honest question. Is it against the law to videotape or photograph LEO's?????

I suspect that the answer is 'no' as long as you staying out of their way. Of course they could always fall back on the old tried and true 'obstruction' charges.

Seems like so many cops go over the edge when they know that they have been recorded.

Doug
Newark, Ohio

Parrothead Jeff said...

Actually, there's free data and photo recovery software out there which should be able to pull that picture back up from the memory card.

This BS needs to stop.

straightarrow said...

here's another question. Why is it considered bad form to resist with all force necessary a false arrest?

If this cop had been killed in the midst of his illegal action, why would that not be considered justifiedd?

bob r said...

A good reason to setup your phone to automatically upload photos to some other location.

One example of how to do it: http://www.simplehelp.net/2007/10/01/how-to-automatically-upload-pictures-from-your-mobile-phone-to-flickr/

Chris Mallory said...

"Is it against the law to videotape or photograph LEO's?????"

Videotaping or photographing, usually not. If sound is being recorded, it depends on which state you are in, if you are in a one party consent state or a two party consent state.

I do wish people would learn that being arrested does not mean you have to be read your rights. That is only required before you are questioned. And the smart thing, no matter what is to answer no questions but your name and to lawyer up ASAP.

jon said...

the picture is still on the phone.

for a few bucks you can have someone get it for you, unless you want to DIY with free software.

Anonymous said...

"I do wish people would learn that being arrested does not mean you have to be read your rights."
Apparently it also does not mean they need probable cause or a warrant. It is also apparent that there are more criminals with a badge than without.

MamaLiberty said...

I wonder why anyone would put their own life in jeopardy to photograph a cop using facebook. Why should anyone even care? There are far more important violations of rights and ethics going on.

Personally, I'm going to pick my battles a LOT more carefully than that.

Chris Mallory said...

@Anon 7:23am

Being "read your rights" has nothing to do concerning if the arrest is proper or not.

straightarrow said...

Ahh, but MamaL, that God complex they get starts small and grows when things like this are gotten away with. Soon, they're inflicting real harm on someone and shooting anyone taking pictures.

Tvarisch said...

So, MamaLiberty, after conceding all the small battles, how do you propose to win the big ones? Or maybe you will declare a moral victory after you've been tazed and cuffed?