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Butting Heads With The Law II
11/27/07 | Bear_Slayer

Posted on 11/27/2007 7:29:53 AM PST by Bear_Slayer

The other day I posted a thread regarding an incident that occurred with an MHP officer at a traffic scene.

I finally posted the video on YouTube

I tried to be respectful. I know that the officer was trying to be diplomatic despite being in the wrong.

At the end of it all, the traffic scene was really boring and I would have stopped filming on my own, but it gets my neck hairs up when told to stop doing a constitutionally protect activity -- especially one so important to ensuring accuracy.

Anyhow - I sent a letter to the MHP office and one also to the Editor of the Daily Interlake.

My entire goal was to remind officers and citizens that filming in public is perfectly legal and constitutionally protected.

I'll let you know how if anything comes of it.


TOPICS: Your Opinion/Questions
KEYWORDS: jbt; photographersrights; photography; publicofficials; publicservants
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1 posted on 11/27/2007 7:29:54 AM PST by Bear_Slayer
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To: Bear_Slayer

Amazing they never seized your video as “evidence” then conveniently lost it. Cops don’t like being filmed, and have been known to come up with lame reasons to make you stop or seize your footage. I’m not sure if there are any actual hidden laws in any states against it, but you never know. “Lawmakers” sneak all sorts of stupid things on the books, whether they be local by-laws, city laws or state laws when we aren’t looking.


2 posted on 11/27/2007 7:40:47 AM PST by Nathan Zachary
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To: Bear_Slayer
As a retired PO and citizen of this country all I can say is good work!
3 posted on 11/27/2007 7:43:13 AM PST by G.Mason (And what is intelligence if not the craft of outthinking our adversaries?)
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To: Nathan Zachary
Photographer's Rights

To force me to shut off my camera is coercion

To take my camera or film is theft

To arrest my is false imprisonment

4 posted on 11/27/2007 7:43:43 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Bear_Slayer
File a complaint against the office, he was out of line. He had no legal right to ask for the Id as well.
5 posted on 11/27/2007 7:53:32 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: Bear_Slayer

Filming the actions of public officials when doing their work should always be legal, all the time. Basically, if a public employee is doing something in the capacity of his job that he doesn’t want filmed, he probably shouldn’t be doing it anyway.


6 posted on 11/27/2007 7:55:42 AM PST by JamesP81 ("I am against "zero tolerance" policies. It is a crutch for idiots." --FReeper Tenacious 1)
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To: Bear_Slayer

Too bad you weren’t around when I ran into a PO with a simular attitude a few weeks ago. There are some real winners out there with a badge on. I guess they think it makes up for their small penis.


7 posted on 11/27/2007 8:06:55 AM PST by Nathan Zachary
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To: Bear_Slayer
I remember reading where a homeowner was jailed for video taping some abusive detectives that showed up at his house. I was a security camera to protect and tape burglars. He takes the tape to the local cop place and is promptly arrested for wire taping. He had a small sign in his window stating the place was under video surveillance.
Cops just don’t like to be taped - but they have camera’s in their patrol cars to tape us ......
8 posted on 11/27/2007 8:07:12 AM PST by SkyDancer ("There is no distinctly Native American criminal class...save Congress - Mark Twain")
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To: SkyDancer
"He takes the tape to the local cop place and is promptly arrested for wire taping. He had a small sign in his window stating the place was under video surveillance. Cops just don’t like to be taped - but they have camera’s in their patrol cars to tape us "

I was listening to a discussion on this very topic months back, and heard mention of some obscure law, or it was this obscure law (illegal wire tapping and surveillance) that police sometimes used to prevent people from recording their actions.

I never did look into it any further to see if they can do any such thing. Seems they have no problems recording us when they pull us over however. Maybe I should put one of those camera/recorders in my car. It's only fair I would say. I wouldn't bother telling them about it however, at least not until court.
As I mentioned, there are some bad cops out there, and they should loose their jobs for the abuses of authority and peoples rights that they get away with because it's their word against yours.

9 posted on 11/27/2007 8:19:00 AM PST by Nathan Zachary
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To: Nathan Zachary

Please ellaborate on the incident.


10 posted on 11/27/2007 8:19:16 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: SkyDancer; Nathan Zachary
Here is a fine example of LEO at work. It makes my incident look tame.

Film is not a crime

11 posted on 11/27/2007 8:22:42 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: org.whodat

He had no legal right to ask for the Id as well.

xxxxxxxxxxxx

I think you will lose everytime.


12 posted on 11/27/2007 8:25:50 AM PST by CHICAGOFARMER ( “If you're not ready to die for it, put the word ''freedom'' out of your vocabulary.” – Malcolm X)
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To: robertpaulsen
This thread just seems to cry out for your comment, rp.

I'll just go pop some popcorn...

13 posted on 11/27/2007 8:27:37 AM PST by Oberon (What does it take to make government shrink?)
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To: CHICAGOFARMER
http://www.activistrights.org.au/documents/ALR-Shortguide_001.pdf

I think you will lose everytime.

Wrong read above!

14 posted on 11/27/2007 8:36:00 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: Bear_Slayer

I was at a stop side about to cross an intersection on my way to a store across the street. a cop drive by, then i proceeded to cross the street, parked my truck, then walk into the store.
meanwhile the cop had burned rubber turning around a block down the road he was on, screeched to a halt just behind my car (and a few others) yelled at me to walk back to my vehicle. He then prceeded to tell me he was giving me a ticket for not wearing a seat belt. I told him I was wearing my seat belt, and he couldn’t prove I wasn’t, (unless he was superman and could see through steel and up into my 4x4 which is 3 feet taller than his car).
Anyways, he went back to his car after taking my licience and registration, wrote me a ticket. He handed me the ticket, upon which I looked at it., saw the $250 fine, crumpled it up and tossed it in my truck, telling him that this is onme I’ll see you in court over. He then threatened to arrest me, because I “snatched” the ticket out of his hands and was disrespectfull. I told him to go right ahead, your camera will prove otherwize, and that your just being a prick.
He had a few words for me, then started towards his car, and i went into the store, when I came out of the store, this cop was in my truck looking through behind the seats, the glove box, etc. I told him to get the hell out my truck, this is an illegal seach.

I had an unopened case of beer in the back, which is perfectly legal, and he was just about to open it up when I caught him in my truck. He again asked me for my licence and registration, except now my registration was “missing” from my glove box. So I got a ticket for not producing a registration, and transporting liquor improperly.

I’m currently waiting for a court date.


15 posted on 11/27/2007 8:38:35 AM PST by Nathan Zachary
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To: Nathan Zachary
Cops . . . . :-(

They really need to get back to the business of keeping the peace and not try to be law ENFORCEMENT, especially when there are so many bulls!t laws on the book.

One never knows how many laws they've actually broken in the course of a day.

16 posted on 11/27/2007 8:42:23 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Nathan Zachary
Many cops are just plan old POS, just a fact of life.
17 posted on 11/27/2007 8:45:57 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: Bear_Slayer

I remember that - I live in the Seattle area ... that was part of the dock protest, right?

There was another incident in Seattle where basically the same thing happened. The photographer received $8000 in restitution and the LEO’s got a letter in their file.

But then, I like watching COPS - those guys are good. Guess it’s because they’re being taped ....


18 posted on 11/27/2007 8:47:03 AM PST by SkyDancer ("There is no distinctly Native American criminal class...save Congress - Mark Twain")
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To: Nathan Zachary

Here is a case that might help!http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=va&vol=1031012&invol=1


19 posted on 11/27/2007 8:52:32 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: SkyDancer
But then, I like watching COPS - those guys are good. Guess it’s because they’re being taped ....

Precisely.
20 posted on 11/27/2007 8:54:15 AM PST by JamesP81 ("I am against "zero tolerance" policies. It is a crutch for idiots." --FReeper Tenacious 1)
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To: Bear_Slayer
I don't know what they are teaching new recruits, and what they've lowered the standards to, but they certainly aren't of the same quality and caliber as the older ones they are replacing. A few days later this same cop was driving the opposite way from me down the highway. He turned around and (about a mile up the road) caught up to me as I was turning on my exit, he was doing about 190 passing cars no emergency lights on, and blew by me, ( he damn near lost control around the exit corner) and kept going, doing 100 or so through a school zone. It was right at 330pm too, moments before school let out.

By the time I got into town, he was parked at the local donut shop with the other cops. This is not something new going on however. I've seen them driving like maniacs plenty of times in the past. Now I have a "special friend" to keep an eye on however. I'm keeping my camera handy for now on. I'll get him sooner or later, or maybe one of the old PO's will.

21 posted on 11/27/2007 8:55:09 AM PST by Nathan Zachary
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To: CHICAGOFARMER
Stop and identify laws require that individuals identify themselves–to varying degrees, and under specific circumstances–when asked to do so by a peace officer. Stop and identify laws are controversial. So much so that a Nevada case from 2000 ended up in the United States Supreme Court (in 2004), where the justices held (5-4) that stop and identify laws do not, in fact, violate an individual’s fourth or fifth amendment rights. You can read more about the case on Papers, Please!

In the comments that follow my original article, Ron Summers indicates that Virginia is not one of the twenty-four states that have enacted a stop and identify law. Shortly thereafter, jetelo states that not only does Virginia have such a law, but that Arlington County has a similar statute all their own. Confused, I decided to do a little digging . . .

According to the list of states with stop and identify statutes compiled by StateMaster (which, incidentally, is a fascinating site) Virginia has no such law on the books. However, if we look at Virginia House Bill 1643, we see that stop and identify-esque verbiage was proposed in 2004 and brought to a vote in January 2005. It appears as though the vote passed, but was “tabled in Courts of Justice.” I’m not sure what that means (as far as the future of the bill is concerned), but as of the date of this writing, it does not appear to have been adopted.

Score: Ron Summers: 1. Jetelo: 0.

Satisfied that no such law appears to be on the books in Virginia, I continued my search to determine the status of stop and identify laws in a handful

FROM:

http://mccammon.org/keith/2007/09/22/stop-and-identify-law-in-the-dc-metro-area/

I live in Virginia!

22 posted on 11/27/2007 9:01:45 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: JamesP81

The same goes for hiding their identity.

I’m referring to tape over badge numbers, BATF ninja masks, etc.

If they’re performing a legitimate public function within their legal authority, they have no reason to worry about being recorded or identified. (Exceptions for undercover.)


23 posted on 11/27/2007 9:05:36 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: CHICAGOFARMER
http://www.statemaster.com/graph/cri_sto_and_ide_sta_sta_wit_quo_and_ide_sta-stop-identify-statutes-states-quot

The above is the site with the list of states that have the id laws.

24 posted on 11/27/2007 9:06:47 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: Nathan Zachary

This sort of thing used to happen in East Texas all the time. It probably still does.

And cops wonder why people distrust and dislike them.


25 posted on 11/27/2007 9:12:03 AM PST by B-Chan (Catholic. Monarchist. Texan. Any questions?)
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To: org.whodat

That looks like it’s from Australia.


26 posted on 11/27/2007 9:13:48 AM PST by hoppity
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To: Nathan Zachary
By the time I got into town, he was parked at the local donut shop with the other cops.

That doesn't go on a lot around here, but it's apparently common in some places. IMO, unless they're responding to an emergency, officers should drive safely and responsibly; just like everyone else should.
27 posted on 11/27/2007 9:15:32 AM PST by JamesP81 ("I am against "zero tolerance" policies. It is a crutch for idiots." --FReeper Tenacious 1)
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To: B-Chan
"And cops wonder why people distrust and dislike them."

especially young drivers, who they like to prey on because they don't know their rights, or are too afraid to stand up for them. These youth grow up however, and carry this dislike along with them. These prick cops undo everything in one instant that it has taken years for programs police take into schools, fishing derby's etc. to gain the public trust.

28 posted on 11/27/2007 9:17:40 AM PST by Nathan Zachary
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To: hoppity
No one paragraph applies to australia. Read further posts, I did some more looking, just got interested.
29 posted on 11/27/2007 9:17:54 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: JamesP81
"IMO, unless they're responding to an emergency, officers should drive safely and responsibly; just like everyone else should."

They are supposed to. The same laws apply to them as they do everyone else. They MUST use emergency lights if they are responding to a call. They CANNOT use them just because they want to cross a busy intersection on their way to a donut shop. They can loose their licence for dangerous driving just like anyone else. Catching them and having them charged is a problem however.

30 posted on 11/27/2007 9:25:22 AM PST by Nathan Zachary
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To: org.whodat

The whole file is from Australia Their laws don’t apply here. Look at the address. http://www.activistrights.org.au/

It is for Australian legal reference, not U.S.


31 posted on 11/27/2007 9:25:31 AM PST by hoppity
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To: Oberon
You're stopped at a red light. The light turns green. As you start to proceed, you look to your left and see a Ford Expedition approaching at what must be 100 mph. There's no way he's going to stop. If you continue he will broadside you and turn you into a red smear on his grill. You decide to:

A) Slam on your brakes (and flip him off) or,
B) Proceed into the intersection because you're in the right and not breaking any laws.

In a nutshell, that's what I think about these jagoffs and their "but I'm not doing anything wrong by recording this" stories. Geez Louise. Filming injured victims at an accident scene. He's lucky I wasn't there -- he would have recorded his own colonoscopy.

32 posted on 11/27/2007 10:33:04 AM PST by robertpaulsen
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To: robertpaulsen

I knew I could count on you, rp. Thanks.


33 posted on 11/27/2007 10:51:49 AM PST by Oberon (What does it take to make government shrink?)
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To: Bear_Slayer

So... someday when you’re in an accident and laying there injured and bleeding, I’m sure you’ll have no problem with some jerk standing there just pointing a video camera and getting all uppity with the cop, providing a nice distraction to regular people trying to do their jobs.

Is it the bloody parts you like? What do you do with these videos of hurt people? Do you post them on your site?

Have any of these injured people ever complained about this?


34 posted on 11/27/2007 11:00:52 AM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Bear_Slayer

Curious example there. After what those cops in Olympia put up with, I’d say they used an extraordinary level of restraint.


35 posted on 11/27/2007 11:05:18 AM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Oberon

de nada


36 posted on 11/27/2007 11:08:26 AM PST by robertpaulsen
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To: robertpaulsen
B) Proceed into the intersection because you're in the right and not breaking any laws.

C) Do what the cop says, or he'll smash into you?

37 posted on 11/27/2007 11:11:48 AM PST by Toddsterpatriot (What came first, the bad math or the goldbuggery?)
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To: Bear_Slayer
15 years ago I was beaten by two drunk retired cops while their families cheered them on.

My crime was sitting in the wrong spot at a picnic.
Keep up the great work.

38 posted on 11/27/2007 11:16:46 AM PST by Zathras
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To: robertpaulsen
Let me know where you are I'll show up with my camera.

I would love to win the lawsuit lotter! lol

You're a d!ckhead.

39 posted on 11/27/2007 11:20:59 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Toddsterpatriot

Lemme guess. You have a hard time understanding analogies.


40 posted on 11/27/2007 11:23:09 AM PST by robertpaulsen
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To: robertpaulsen
I understood your stupid analogy perfectly.
41 posted on 11/27/2007 11:23:57 AM PST by Toddsterpatriot (What came first, the bad math or the goldbuggery?)
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To: Ramius
Well, when that happens, they will certainly be within their rights to film. I'm not a JACK BOOTED THUG like you.

The patrol officer was distracted because he was trying to restrict someone's legal activity. If he had paid any attention to actually doing his job, more things would have been done, like finding out if there were any more victims, &etc. As it was he wasted his time and the public's time bhy screwing with me.

There were no bloody parts, just some people standing around like sight-seers.

In fact the scanner reported no injuries until I showed up with a camera. Insurance fraud is a crime. Good thing independent witnesses are around to sort out the truth.

42 posted on 11/27/2007 11:29:09 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Bear_Slayer; robertpaulsen

Lawsuit Lottery!


43 posted on 11/27/2007 11:32:34 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Bear_Slayer

There are lots of things that people have a right to do. Doesn’t mean that it’s a good thing to do.

Please don’t patronize us. You’re intentionally trying to provoke an incident with a cop and someday you’ll probably get your wish. Yah, you’re within your rights. Whatever trips yer trigger, I guess.

But you shouldn’t be so surprised that others (including cops) find your little hobby of taking video of injured people at accident scenes... a little creepy. Most people would instinctively want to try to help others at an accident scene. Not so many are more interested in capturing a great gore-shot.

Again... whatever trips yer trigger...


44 posted on 11/27/2007 11:44:34 AM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Bear_Slayer
"Lawsuit Lottery!"

Pfffft!

I'll simply request a jury and when it's over, they'll wish you would have been using an IMAX to see how well that would have fit.

45 posted on 11/27/2007 11:57:11 AM PST by robertpaulsen
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To: robertpaulsen
You would end up seriously hurt if you tried to assault me with my own camera.

Don't threaten me, don't f^ck with me

46 posted on 11/27/2007 12:01:38 PM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: Bear_Slayer
Let me know where you are I'll show up with my camera.

And if the cop (off-duty) followed you around with a camera and filmed you, would he be within his rights as well?

I wonder how you would feel if your sacred cow was gored?

47 posted on 11/27/2007 12:03:35 PM PST by been_lurking
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To: Oberon

Times like these were made for General Foods International Coffees...


48 posted on 11/27/2007 12:03:47 PM PST by Oberon (What does it take to make government shrink?)
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To: Ramius
There are lots of things that people have a right to do. Doesn’t mean that it’s a good thing to do.

By "good" do you mean safe? If so, then I agree. Please don’t patronize us.

Damn, you cops patronize us all the time. I could show you video after video of puffed up cops jerking the little people around.

You’re intentionally trying to provoke an incident with a cop

Absolutely not! I am an independent journalist trying to film newsworthy events. The cops are trying to provoke an incident by attempting to shut down legal activities. BTW - What are they trying to hide?

you shouldn’t be so surprised that others (including cops) find your little hobby of taking video of injured people at accident scenes... a little creepy.

Does that apply to all investigative journalists for local and national media or just the independents that you seem to dislike?

Most people would instinctively want to try to help others at an accident scene.

I've been an EMT. I've done my part and I'll be more than happy to assist where I can, when I can, but what I do is record newsworthy events and try not to be part of the event.

Not so many are more interested in capturing a great gore-shot.

This incident was not a gore-shot. In fact, it was really boring. What made it interesting is when some cop decides to over-ride the constitution and shut down legal activity.

Again... whatever trips yer trigger...

Yeah, isn't that what makes this a great country!

49 posted on 11/27/2007 12:12:09 PM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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To: been_lurking
Yes. He is perfectly within his rights. Though it might border stalking. I don't follow cops around. I get my camera with me and film newsworthy events. I listen to my scanner and go where interesting things are occurring.

I don't follow cops, though legally I could. I'm not interested in what they do, unless it is illegal.

What do they have to hide?

Though, I could get a restraining order against him.

50 posted on 11/27/2007 12:15:33 PM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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