Homeowner arrested for "illegal photography" of a cop who barged into his own house

[Anguille]

Courthouse News Service

HOUSTON (CN) - A homeowner says he was arrested for "illegal photography" when a police sergeant followed him into his own home, and he objected and took the cop's photo with his cell phone. "We did not know what he was talking about, and I don't think he does either," the homeowner says in his federal complaint.
In his civil rights complaint, Francisco Olvera says Sealy Police Sgt. Justin Alderete's charge of "illegal photography" baffled him and several witnesses

Olvera says he was acquitted of all charges in a jury trial.
Olvera seeks punitive damages from Alderete, the City of Sealy, and Police Chief John Tollett for trespass, assault, false imprisonment and malicious prosecution.

Well, I hope the city is ready to fork over a nice big check to Olvera.

Thoughts USMB?

Officer Crowley at it again?

 

[Modbert]

So you get one side of the story and run with it. How liberal of you.

As if you're not guilty of that when it comes to stories about Obama.

You make me laugh, hypocrite. If you have the other side of the story available, feel free to post it.

However, considering he was acquitted of all charges, it's quite easy to say that the cop was totally wrong. But hey, keep tossing those insults without reading the article like a complete moron.

 

[P F Tinmore]

[ame=http://www.youtube.com/watch?v=zPT1C60-1xU]YouTube - cop watch[/ame]

 

[bodecea]

Courthouse News Service





Well, I hope the city is ready to fork over a nice big check to Olvera.

Thoughts USMB?

Maybe the guy is gay and if the TX RNC has their way, he can be prosecuted for pretty much anything.

As it should be.

There you go. Thanks for the evidence.

 

[Madeline]

I found it. I thought it was a New England case and a strange name, Hyde, (no Jeckyll)!!

It mentions the 1st AM only in passing, page 614:

HYDE, COMMONWEALTH vs., 434 Mass. 594

lawbuff, Hyde concerns a tape recording of voices. I'd assume the law applied to all state residents, not merely to police. I'd also assume that it devolved from wire tapping statutes, etc. Criminalizing the taking of photos would seem to me to need a different basis.

 

[ConHog]

I found it. I thought it was a New England case and a strange name, Hyde, (no Jeckyll)!!

It mentions the 1st AM only in passing, page 614:

HYDE, COMMONWEALTH vs., 434 Mass. 594

lawbuff, Hyde concerns a tape recording of voices. I'd assume the law applied to all state residents, not merely to police. I'd also assume that it devolved from wire tapping statutes, etc. Criminalizing the taking of photos would seem to me to need a different basis.

I would think so as well. I seen a story on this just the other night on FoxNews and the man was found guilty of a crime, because he had a hidden camera that recorded AUDIO and in the state he lives in you have to have permission from all parties to record audio.

 

[Madeline]

The opposite has also occurred. When video became more widely available, some invasion of privacy cases could not be taken criminal because no state law outlawed capturing moving images without sound.

 

[Madeline]

I went back and read the article. (*Duh*) The guy was arrested for loud music and public intoxication, not "illegal photography". I don't support the notion of criminalizing videoing anyone in a public setting, but just as a lark, would it be constitutional to grant police any special "protection" against being videoed, do you think?

 

[George Costanza]

Courthouse News Service

HOUSTON (CN) - A homeowner says he was arrested for "illegal photography" when a police sergeant followed him into his own home, and he objected and took the cop's photo with his cell phone. "We did not know what he was talking about, and I don't think he does either," the homeowner says in his federal complaint.
In his civil rights complaint, Francisco Olvera says Sealy Police Sgt. Justin Alderete's charge of "illegal photography" baffled him and several witnesses

Olvera says he was acquitted of all charges in a jury trial.
Olvera seeks punitive damages from Alderete, the City of Sealy, and Police Chief John Tollett for trespass, assault, false imprisonment and malicious prosecution.

Well, I hope the city is ready to fork over a nice big check to Olvera.

Thoughts USMB?

So you get one side of the story and run with it. How liberal of you.

I would SO like to hear the other side of the story. Please . . . tell me what you think the other side (ANY other side) of this story might be, justifying this IDIOTIC law.

 

[Quantum Windbag]

Can I see a link for that Quantum Windbag, please? What a bizarre law.

Are Cameras the New Guns?

Prosecutors are even applying existing laws about wiretapping in an attempt to stop people from taping police.

Instapundit Blog Archive THE WAR AGAINST PHOTOGRAPHY: Radley Balko has more on Maryland. “Graber is due in court next week….

That only applies if you record them talking. and I think I seen on the news last night that its only in 12 states, all the others have one party consent.

Yes, I was exactly right, as usual. here is the list of which states allow what

COVERTLY RECORDING TELEPHONE CONVERSATIONS

Doesn't matter, they are in public, and the state attorneys general disagree with the interpretation of wiretapping laws to prevent taping people in public where there is no expectation of privacy. The cops, and the prosecutors who back them, are wrong.

 

[sangha]

Man arrested for taking picture of cop in his own home | Raw Story

A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission.

According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio.

The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him.

Olvera was charged with "loud music" and "public intoxication" -- the officer had seen a beer can on the kitchen table, the lawsuit asserts.

In January, Olvera was acquitted of all charges.

Another asshole cop abuses his power, and a racist to boot

The lawsuit further alleges that Alderete made a racist remark against Olvera during booking.

"Do you know what I tell Mexicans when they get loud?" the lawsuit alleges Alderete asked. "No chinges con migo pinche culero." ("Don't be f**king with me," another officer translated,)

 

[WillowTree]

Where's the picture?

 

[Modbert]

Threads Merged - Modbert

 

[ConHog]

Man arrested for taking picture of cop in his own home | Raw Story

A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission.

According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio.

The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him.

Olvera was charged with "loud music" and "public intoxication" -- the officer had seen a beer can on the kitchen table, the lawsuit asserts.

In January, Olvera was acquitted of all charges.

Another asshole cop abuses his power, and a racist to boot

The lawsuit further alleges that Alderete made a racist remark against Olvera during booking.

"Do you know what I tell Mexicans when they get loud?" the lawsuit alleges Alderete asked. "No chinges con migo pinche culero." ("Don't be f**king with me," another officer translated,)

yep, cuz we can alll agree no one has every falsely accused someone of racism.

Odd that Sangha would even mention this since he's citing the works of a guy who believed that blacks are less evolved than whites in another thread.

 

[WillowTree]

What the hell is "illegal photography"? Was the cop afraid that the guy was stealing his soul if he was photographed?

this is more like a made up story. demonRats are famous for bringing up their "poor little me look at this" bs stories..

 

[sangha]

What the hell is "illegal photography"? Was the cop afraid that the guy was stealing his soul if he was photographed?

this is more like a made up story. demonRats are famous for bringing up their "poor little me look at this" bs stories..

conservatives can't handle the facts. They have to pretend it didn't happen

 

[Madeline]

It does not bolster the credibility of the police when they attempt an arrest for videoing or photographing them. Fair or not, after that I'm more inclined to believe the citizen than the police.

Does it seem ironic to anyone else that when we private citizens object to being videoed or photographed, we are so often told it's for our own good?

 

[ConHog]

It does not bolster the credibility of the police when they attempt an arrest for videoing or photographing them. Fair or not, after that I'm more inclined to believe the citizen than the police.

Does it seem ironic to anyone else that when we private citizens object to being videoed or photographed, we are so often told it's for our own good?

I can sort of see the reasoning for it, because obviously people can edit and alter video, and no doubt do, recordings to suit their needs. That being said , LEO needs to start videoing EVERYTHING they themselves do and then it won't matter.

 

[Madeline]

So the solution is more video, not less? I suppose it's possible, cost and technology wise.

 

[hortysir]

Obama has issued a statement that the police officer acted stupidly.



Beers' on me