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MTA Officers Detain Man For Taking Pictures (Lie to him/detain him)
CBS Baltimore (WJEZ.com) ^ | 01 JUN 11 | Pat Warren

Posted on 06/02/2011 8:48:45 AM PDT by DCBryan1

BALTIMORE (WJZ) — The Maryland Transit Administration says more training may be called for after three MTA officers detained a man for taking pictures at a light rail station.

Pat Warren has more on the incident.

According to the ACLU, this isn’t the first time MTA Police have overstepped their bounds.

In a YouTube posting, Christopher Fussell left the camera rolling when he was confronted by three MTA officers for taking pictures at the Baltimore Cultural Light Rail Station.

“It is my understanding that I am free to take pictures as long as it’s not for commercial purposes but for personal use,” Fussell said in the video.

“Not on state property, not without proper authorization,” an officer said.

Fussell: “From who?”

Officer: “Nobody’s allowed to take pictures.”

The MTA admits the officers were in error.

“They can most certainly take photos of our system,” Ralign Wells, the MTA Administrator, said.

In addition to being wrong about MTA and state policy, the officer incorrectly cites the Patriot Act.

“Listen, listen to what I’m saying. The Patriot Act says that critical infrastructure, trains, train stations, all those things require certain oversight to take pictures, whether you say they are for personal use or whatever, that’s your story,” the officer said.

“So why don’t you have any signs posted to say I cannot take pictures?” Fussell said.

“Our officers have become very sensitive post 9/11 and we’re trying to see that they understand our passengers and citizens also have a right to take pictures,” Wells said.

The officer eventually threatened to take Fussell into custody.

“Do you have Maryland state identification on you?” the officer asked.

“I am not committing a crime,” Fussell said.

(Excerpt) Read more at baltimore.cbslocal.com ...


TOPICS:
KEYWORDS: amtrack; baltimore; jbts; lightrail; maryland; md; mta; photography; standingarmy; transit
Very unprofessional behavior from Officer Johnson ("Do we understand each other"?). I hope Mr. Christopher Fussell files a section 1983 complaint. This is one of the few times that the ACLU gets it right.

Hearing impaired Mr. Fussell, who was detained for 40+ minutes by MTA cops lying to him about what is legal and what is illegal. IMHO, a hero to the 4th, 5th, and 1st Amendment.

HERE ARE THE YOUTUBE LINKS...approx 25-30 mins of viewing. (HURL ALERT!):
Part 1
Part 2.

1 posted on 06/02/2011 8:48:55 AM PDT by DCBryan1
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To: DCBryan1
IBTICBIAWTACLU posts ("I can't believe I'm agreeing with the ACLU").
2 posted on 06/02/2011 8:52:38 AM PDT by Forgotten Amendments (I'd rather be Plaxico Burress than Sean Taylor)
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To: DCBryan1

Oops! Missed yours. Sorry! ;)


3 posted on 06/02/2011 8:53:32 AM PDT by Forgotten Amendments (I'd rather be Plaxico Burress than Sean Taylor)
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To: DCBryan1
In addition to being wrong about MTA and state policy, the officer incorrectly cites the Patriot Act.

Yet another reason that Congress should have never extended this travesty of a law. Great job, Boehner and Bachmann!

4 posted on 06/02/2011 8:54:07 AM PDT by Virginia Ridgerunner (Sarah Palin has crossed the Rubicon!)
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To: DCBryan1
“This is not South Africa under apartheid

. . . quoth the ACLU. If it were the Soviet Union or Cuba, they'd be okay with that, I guess. Makes you wonder, how about Zimbabwe today? Wonder why you don't hear them ask that one.

5 posted on 06/02/2011 8:54:50 AM PDT by SamuraiScot
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To: DCBryan1

“’Sir, I’m going to ask you one last time, then I’m going to take you into custody. Do we understand each other?’” the officer said.

Is there a third disposition between ‘in custody’ and ‘free to go’?


6 posted on 06/02/2011 8:55:20 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
7 posted on 06/02/2011 9:00:10 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: DCBryan1

Stunning videos.

A courageous young man, and with a hearing disability too, for having the presence of mind to remain calm but stand up for his rights despite the officers continued threats and to continue to videotape the encounter (both for his and the officer’s protection).


8 posted on 06/02/2011 9:05:13 AM PDT by CedarDave (I agree with Obama's immigration comments in El Paso: We do need moats filled with alligators)
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To: DCBryan1

Until government organizations hand out stiff suspensions to these folks they’ll never learn. Let them go a month without pay and see if they can remember how to act. The way it goes is the supervisor calls them in and says, “Well you got caught...consider this your counseling session...I know you were just doing your job and this will blow over and then it’s business as usual.” Hit them on in the wallet and see how fast the word gets around.


9 posted on 06/02/2011 9:11:15 AM PDT by Portcall24
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To: Forgotten Amendments; DCBryan1

To heck with the ACLU, a.k.a. the Communist union. We agree with the Constitution of the United States of America.


10 posted on 06/02/2011 9:20:28 AM PDT by This Just In (In America, RINO's belong in zoo's, not public office)
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To: DCBryan1
Hearing impaired Mr. Fussell, who was detained for 40+ minutes by MTA cops lying to him about what is legal and what is illegal.

I think they were ignorant of the law concerning photography. Most police officers seem to be.

11 posted on 06/02/2011 9:22:09 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: DCBryan1

I am always wary of the Police now... Too many bad LEOs have proven that it is better to be safe than sorry.

The Public Servant Questionnaire is my favorite for stopping Thug Activity by the Police.

http://www.incnf.org/publicservantquest.htm

But I no longer talk to the Police. EVER.

http://kingcorey.com/2008/12/dont-talk-to-police-ever-ever-ever-ever-ever/

Knowing your rights is the smart way to go.


12 posted on 06/02/2011 9:24:43 AM PDT by King_Corey (www.kingcorey.com)
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To: DCBryan1
"....cops lying to him about what is legal and what is illegal."

Not only don't seek legal advice from cops, don't talk to them at all, except to take a 5th.

13 posted on 06/02/2011 9:27:12 AM PDT by Paladin2
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To: swain_forkbeard

IIRC at this point one officer, in between lecturing him, was asking for Fussell for identification. Chris responded by giving and spelling his name. The officer was on the phone, maybe with higher ups, who eventually let him go without Chris showing ID but followed him to Penn Station. At that point, he showed ID to the Amtrak policeman who ran a warrant check on him. He knew he would have to produce ID to purchase an Amtrak ticket so showed it to the Amtrak officer.

Chris is a well known and respected transit photographer out of Portland so he is well aware of his rights as a photographer. Others have run afoul of this type of uninformed officer including the editor of a nationally known railroad publication who was detained after photographing historic NYC subway cars on a public platform.

It’s not rocket science, you have a right to photograph for non-commercial personal use trains, buses, trucks, planes, etc. from any publicly accessible location. You also do not have to produce ID if you are not trespassing or otherwise breaking the law. You do not have to give up your camera or video recorder to the police absent a search warrant.


14 posted on 06/02/2011 9:54:14 AM PDT by CedarDave (I agree with Obama's immigration comments in El Paso: We do need moats filled with alligators)
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To: CedarDave

MD is one of the states where recording the cops is illegal.


15 posted on 06/02/2011 10:00:01 AM PDT by patton (I am sure that I have done dumber things in my life, but at the moment, I am unable to recall them.)
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To: Moonman62
I think they were ignorant of the law concerning photography. Most police officers seem to be.

I think many of them are ignorant, but I also think many of them are just throwing their weight around. Dragging the PATRIOT Act into this sets off alarms with me, because that is a huge leap.
16 posted on 06/02/2011 10:14:57 AM PDT by af_vet_rr
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To: af_vet_rr

>>I think many of them are ignorant, but I also think many of them are just throwing their weight around.

AKA “You can beat the rap, but you can’t beat the ride.”

And cops wonder why people have a bad attitude towards them.


17 posted on 06/02/2011 10:22:40 AM PDT by FreedomPoster (Islam delenda est)
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To: This Just In

“’Sir, I’m going to ask you one last time, then I’m going to take you into custody. Do we understand each other?’, the officer said.”

Perhaps you know. Obviously, the photographer was not in custody when the officer said this. So was the photographer free to go? Is there a third disposition between ‘in custody’ and ‘free to go’?


18 posted on 06/02/2011 10:47:16 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: swain_forkbeard

Well, it depends. For instance, when Fussell was first confronted, if he had said he has the right to leave, and proceeding to vacate the premises, this may have given the MTA officers an excuse to detain him for “attempting to flee”. We’ll never know, but it is conceivable.

Fussell may have been “free to go”, but he may not have believed he could.

Finally, why should he leave? He’s a taxpaying citizen. The officers are working for him, and Fussell has every right to be at the light rail station. After all, as a taxpaying, he’s part owner. Fussell wasn’t braking any laws, and was simply taking photos.

In this country, we are presumed INNOCENT until PROVEN guilty. It’s not the other way around, but many in law enforcing believe otherwise.

I salute Fussell for his courage and convictions.


19 posted on 06/02/2011 11:05:29 AM PDT by This Just In (In America, RINO's belong in zoo's, not public office)
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To: Moonman62

I admit my ignorance. What are the laws concerning photography?


20 posted on 06/02/2011 11:08:11 AM PDT by RadiationRomeo (Step into my mind and glimpse the madness that is me)
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To: This Just In

I’m missing something. How can someone flee if he is free to go? If not free to go, then he is in custody already. I don’t get it.


21 posted on 06/02/2011 11:11:31 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: swain_forkbeard

No, you’re not missing anything. “Free to go” seems pretty cut and dry, and it is, UNLESS you’re dealing with MTA Officers, or airport security. You, as a law abiding citizen, is subject to the emotional state of mind of these officers. So each situation requires a calm analysis of which action to take.

These MTA officers were obviously stepping over the limits of authority, which is why Fussell will win this law suit.

Fussell may have believed that despite the fact that he may have been within his rights to leave, prudence required that he remain. The unreasonable officers may have “felt” that he was trying to flee.

It’s all speculation, but the scenario is plausible. After all, it’s happened in the past.


22 posted on 06/02/2011 11:18:27 AM PDT by This Just In (In America, RINO's belong in zoo's, not public office)
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To: CedarDave
My, (very expensive), hobby is what is known as "high rail", (using MTH and Lionel O-gauge trains in realistic scale settings.) I've often photographed real railroad locations and prototype trains, locomotives, rolling stock, etc to use reference guides.



I'll be damned if I ever let some ignorant JBT interfere with my decades old pastime.
23 posted on 06/02/2011 11:18:40 AM PDT by Emperor Palpatine (One of these days, Alice....one of these days.....POW!! Right in the kisser!!!!)
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To: RadiationRomeo
Photography Laws
24 posted on 06/02/2011 11:30:40 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Emperor Palpatine

You’re lucky some O27-scale Rail Detective didn’t come out and shoot you in the toe.


25 posted on 06/02/2011 3:35:42 PM PDT by Erasmus (I love "The Raven," but then what do I know? I'm just a poetaster.)
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