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Win for the good guys: 5th Circuit (US) creates "right to film" LEO

Posted on 2/23/17 at 3:25 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:25 pm
Biased source for sure but it's a legit story

quote:

The majority ruling came in response to the court’s consideration of the facts in Turner v. Driver, a lawsuit filed by PINAC video-correspondent and reporter Phillip Turner following his lengthy detainment by two Fort Worth cops in September 2015 after he refused to provide them with identification while attempting to record the Fort Worth police station across the street.


quote:

Then, without warning, Grinalds suddenly handcuffs Turner and seizes his camera.

“This is what happens when you don’t identify yourself,” he spited Turner, threatening to fingerprint him in order to learn his identity before leaving him in the back of the patrol car to “sweat for a while with the windows rolled up.”


quote:

Turner explained again he was taking pictures from the sidewalk across the street.

Lt. Driver repeated the request for Turner’s identification.

Turner refused once again saying he chose not to provide the officers with identification because he hadn’t committed a crime and wasn’t lawfully under arrest.

“You’re right,” says Lt. Driver before walking away to talk to Grinalds and Dyess.


protected and served
Posted by Rakim
Member since Nov 2015
9954 posts
Posted on 2/23/17 at 3:26 pm to
Yay it's actually a big win
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67701 posts
Posted on 2/23/17 at 3:27 pm to
Who uses film anymore?
Posted by member12
Bob's Country Bunker
Member since May 2008
32089 posts
Posted on 2/23/17 at 3:33 pm to
So this guy was on the side walk and taking pics of a police station across the street....and then he was cuffed and out into the back of the car.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:34 pm to
yeah

there is a cottage industry of this on Youtube
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139838 posts
Posted on 2/23/17 at 3:38 pm to
SFP so they detained him for filming a police station? The courts ruled that it is okay to film? Was there not a law or statute passed after 9/11 for filming of Federal Buildings?


Posted by Blizzard of Chizz
Member since Apr 2012
18994 posts
Posted on 2/23/17 at 3:39 pm to
Dumb question, but is there any type of mental evaluation police officers go through to determine temperament and their ability to handle stress? I would think LE would benefit greatly from weeding out potential officers who can't maintain control in stressful situations. I'm not saying put them through SEAL training or anything but push them enough that those who can't handle it mentally generally don't make it.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 2/23/17 at 3:40 pm to
Ideal outcome, but I find it disturbing that this even had to be decided, since it's so obvious, let alone as a result of the actions of the people whose whole purpose is to uphold the law and protect the rights afforded by the law.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:41 pm to
quote:

but is there any type of mental evaluation police officers go through to determine temperament and their ability to handle stress? I

it's going to vary literally by city/county/state but in general? no

and it's kind of scary b/c they've hired a lot of former military vets who have severe psychological trauma from our lil wars since 2001

Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 2/23/17 at 3:43 pm to
quote:

SFP so they detained him for filming a police station? The courts ruled that it is okay to film? Was there not a law or statute passed after 9/11 for filming of Federal Buildings?


There are some regulations pertaining to the filming of federal facilities (related to security/targeting concerns, not nosiness). And those have been successfully challenged in court.

Posted by BigJim
Baton Rouge
Member since Jan 2010
14484 posts
Posted on 2/23/17 at 3:43 pm to
quote:

so they detained him for filming a police station? T


Or did they detain him for failing to provide ID. And the courts said you can't arrest someone for failing to provide ID while filming?


That is a bit of a difference.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:44 pm to
quote:

Or did they detain him for failing to provide ID.

cops can't just walk around asking people for ID

the initial taint re: filming likely kills any followup investigation re: ID
Posted by Tigerdev
Member since Feb 2013
12287 posts
Posted on 2/23/17 at 3:45 pm to
Im kinda surprised to see you on the correct side of this issue.
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139838 posts
Posted on 2/23/17 at 3:45 pm to
I am just confused why they detained him and if there was not something passed after 9/11 that stated you could not film/photograph certain places.

For some reason I thought the congress had passed a law or something banning the photography/video of a police station/military institution without consent.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 2/23/17 at 3:45 pm to
quote:

Or did they detain him for failing to provide ID.
You can't detain someone for not providing ID in Texas.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:45 pm to
quote:

Im kinda surprised to see you on the correct side of this issue.


the frick?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:46 pm to
quote:

I am just confused why they detained him

many cops are not only fricking idiots, but also fricking assholes

Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 2/23/17 at 3:48 pm to
quote:

they've hired a lot of former military vets who have severe psychological trauma from our lil wars since 2001
They're not just traumatized, some seem to seem to sincerely regard their role in policing a civil society as analogous to their role in policing potential hostiles during a military occupation. I've met a lot of good former military bubbas who are LE in NOVA, though. We don't seem to have too many problems with policing up here.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421822 posts
Posted on 2/23/17 at 3:49 pm to
one of my good friends was in teh shite in Afghanistan and Irag and came back with severe PTSD

he was an LSP for a few years

luckily they're mostly just ticket-generators, but holy shite if shite hit the fan that guy was a huge potential liability
Posted by sms151t
Polos, Porsches, Ponies..PROBATION
Member since Aug 2009
139838 posts
Posted on 2/23/17 at 3:49 pm to
But again, I thought there was some statute stating you can not film certain areas for security reasons. I guess if it is not posted then it would not apply.

I guess if they are not hindering operations it should be legal. But what if he videoed someone without the consent, like a random civilian going into the facility?
This post was edited on 2/23/17 at 3:52 pm
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