Posted on 03/18/2008 8:27:25 AM PDT by Lester Moore
Randy Dean Sievert drew ire from Manatee County sheriff's deputies as he aimed his cell phone camera at undercover investigators executing a search warrant in his neighborhood.
A deputy confronted Sievert, demanding that he destroy any photos of investigators and their vehicles.
Sievert was not a welcome observer of the drug raid. Authorities called him a "known drug dealer" based on a couple of past arrests. Taking photos of undercover officers jeopardized their lives, deputies said.
Sievert refused to remove his hands from his pockets and step away from his car after he was confronted about the pictures. Deputies forced him to the ground. The 20-year-old unemployed Bradenton man was arrested on a misdemeanor obstruction charge.
Investigators could not access the images on the phone. Sievert "finally" gave up a code that allowed deputies to find and destroy a photo that showed two undercover vehicles, according to reports. The phone is in evidence but not the photograph.
Sievert's obstruction case is attracting criticism in the legal community. Some defense attorneys say Sievert was unlawfully arrested and forced to destroy a photograph authorities had no grounds to erase.
"While they may not have liked what he was doing, it was not against the law," said Sievert's attorney, Charles M. Britt III.
If the police do not want undercover vehicles identified, they should not bring the cars and trucks when they execute search warrants, Britt said.
The vehicles are nondescript, blending in to allow officers to secretly monitor suspected criminal activity. Undercover officers routinely wear masks in public when participating in searches.
Britt filed court papers challenging the arrest, and a hearing is scheduled for next month. Ultimately, the state could decide Sievert did not commit a crime and abandon the case.
But an assistant state attorney, addressing the merits of the charge at a hearing Thursday, called Sievert's photograph "egregious."
Prosecutor Angel Colonneso argued to keep Sievert locked up on a probation violation charge. Sievert was on probation in a drug case when he was arrested on the obstruction charge in late February in the 6000 block of Seventh Street Court West.
Sievert refused a lawful command to erase the photographs, Colonneso said. That "reasonable request" was to protect undercover officers.
Assistant public defender Jennifer Joynt-Sanchez called the arrest "beyond belief." Joynt-Sanchez, representing Sievert in court, said Sievert had a right to resist unlawful police detention.
Joynt-Sanchez wanted Sievert released from jail on his own recognizance. But Circuit Judge Debra Johnes Riva ordered Sievert held.
Obstructing the execution of a search warrant is a rare charge. In most cases the charge is applied to a person who is at a house -- and connected to the criminal investigation -- during the raid.
Britt said he is not aware of any law that makes it a crime to snap a photo of an undercover officer in the performance of his or duty.
State laws allow law enforcement agencies to black out the names of undercover officers in police reports, protecting their identity. But their names are often included on witness lists for trial. The officers cannot hide their faces in court.
At a recent trial in Bradenton featuring two undercover detectives, the prosecution sought and received a court order blocking the media from taking pictures of the officers in court. But, during breaks, the detectives congregated outside the courthouse -- where anyone could have snapped a photo.
Sievert's mother said her son was foolish to take a photo, but the picture taking did not justify a confrontation with police.
"It was something stupid, but they had no reason to do what they did," Leasa M. Pauli, 50, said. "They just ran up on him and slammed him for no reason. I think it is unfair."
During the raid, deputies seized a box of ammunition and a checkbook but did not find any drugs. Sievert was the only person arrested that afternoon.
What Sievert planned to do with the photos - if anything - remains unknown.
The 20-year-old unemployed Bradenton man was arrested on a misdemeanor obstruction charge.
They arrested him for taking the picture , any arrest while you're on probation is an automatic violation
Living in Manatee County - All I can say is When’s it’s illegal to take pictures on a public street, we better lock up a whole bunch of tourists.
Speaking as a photojournalist, there is no such thing as a “lawful command to erase photographs.” If any officer tried that with me, I would be in jail and a bunch of lawyers from my newspaper would be attacking the police station.
On the other hand, it is pretty common for a sergeant to come up to me and say, “please don’t print a photo of that detective. He is undercover.” Our paper will comply with reasonable, polite requests.
Not if it’s an invalid arrest.
The probation violation was the fact that he was arrested. Catch 22, naturally.
Then why did the defense try to argue that it was an invalid arrest in order to get him out of jail?
Uh, this arrest is the basis of his alleged probation violation. They are saying he violated probation because he was arrested on this charge. Thus, the merits of this arrest ARE the entire basis for holding him.
They are correct. ANY arrest for ANYTHING is a violation of probation even if the arrest is dropped. As stupid as it is to us, it’s the way probation is set up.
The militarization of our law enforcement continues.
I don't know why they went with that visor design, but he's now back to the original goggle-style visor. There are three issues of the G.I Joe World War Three story line left, and while Snake-Eyes and Storm Shadow are both on the same side now, they haven't fought side-by-side. I hope they do so before the series ends in July.
Carolyn
Arrests aren't dropped, charges are. His continued incarceration wasn't automatic. That's why the article specifically stated that the judge ordered him held.
FYI
You are correct. I used wrong terminology.
How about on the side of freedom from some ignoid with an associates degree in LE sitting at your neighborhood bar collecting information on you and your friends?
Secret police in America with jerks like you defending them on FR. Who'd a thunk it?
Nice to talk to a fellow fan. Two spoiler-y things from the last issue:
1. Storm Shadow in the latest issue = badass.
2. Cobra Commander didn’t really just murder his own son, did he!?
The probationer was automatically incarcerated until his day in court which is what the article is about. My statement was that the judge sided with the prosecution and the police, ordering the subject to continue to be held.
In Oklahoma you can take upskirt pictures of a minor, but in Florida you cannot take pictures of police or their vehicles while they perform their duties in public.
Something is very wrong.
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