Cell Picture Of Undercover Officer Sparks Arrest

Tampa Bay Online ^ | March 16, 2008 | Michael A. Scarcella

[MortMan]

Sievert refused a lawful command to erase the photographs, Colonneso said. That "reasonable request" was to protect undercover officers.

You quoted this portion of the article in post 11. This is the crux of the matter, IMO: The quote is about a "reasonable request" (which should be a direct quotation, considering the punctuation). But the first sentence transmogrifies this "reasonable request" into a 'lawful command' that was refused.

If there is no legal prohibition for taking the photos, then there is no legal basis for the arrest for obstruction. The article appears to be fairly clear that the 'order' to destroy the electronic photos was a "reasonable request" by the police, who then used force to enforce their "reasonable request".

Yes, the judge has apparently sided with the police/prosecutor, but I do not see where the probationer has broken any law. Even probationers do not have to obey "reasonable requests" of the police that are not founded in the law as currently written.

Catch-22. He broke no law, but the police decided to tackle him anyway. He did not hinder their access to the searched premises.

Now he is deprived of his liberty because he did not instantly obey a "reasonable request" from a police officer. To me, that's pretty scary.

[RDTF]

nice

[starlifter]

How dare you criticize the boys in blue. It's treason-treason I tell you!

Presumption of innocence and the right to be left alone aren't important because the police KNOW what is truth and what is best.
/sarcoff

[Moonman62]

Now he is deprived of his liberty because he did not instantly obey a "reasonable request" from a police officer.

It's too bad the suspect can't throw out the judge's ruling as easily a you do.

To me, that's pretty scary.

It's not scary at all. If you're on probation don't interfere with the police doing their work. 99.9% of people have no trouble complying with that. In fact it's so simple they don't think about it or lose a minute's sleep.

[metesky]

Run to Mommy! Eek! Eek! The bad man said bad things! My estimation of you has risen to basement level.

[MortMan]

If you're on probation don't interfere with the police doing their work.

That's the heart of my objection. I do not see how this person 'interfered' with the police, going simply by the information in the article, including the "reasonable request" become 'lawful command' commentary.

Granted, this discussion is founded on an article describing the events, and it is more than possible that some or much information is missing from the discussion. But, based on the information in the article, a baseless arrest is being taken as a valid basis for finding probationary violation.

Can you explain what he did to 'interfere'?

[RDTF]

like I care what scum thinks of me! LMAO

[traviskicks]

Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.

[Gondring]

Ping

[elkfersupper]

Given the state-of-the-art capabilities of photo-shop and virtual editing programs, I don't think any of us can be ‘comfortable with being photographed’ by persons with hostile intentions.

When the cops stop the hostile intentions, the rest of us might as well.

[elkfersupper]

These undercover cops need to be brought back to reality by having them assigned traffic duty for a month or so...

Heaven forbid. If you're on a power trip, traffic is the best place to be.

[elkfersupper]

What was the probation violation?

Thinking while human.

[Stonewall Jackson]

It was great to finally see Storm Shadow as the great warrior that he is so often touted as, but rarely shown.

I'm hoping that Billy is just using some secret Arashikage Clan hibernation healing trance (or something like that) to cure himself. He's always been one of my favorites.

[elkfersupper]

If you're on probation don't interfere with the police doing their work.

Some of us will remember you said that when we're all on probation.

It's coming.

[bird4four4]

When in public we must accommodate being under surveillance at all times, dash cams, red light cams, gas station cams, mall cams, google earth, gps tracking, etc.

Cops while in public must never be recorded, photographed or question with any suspicion. Got it.

If the cops were undercover, how did this guy even know he was taking photos of cops? He sees people busting into a house in his neighborhood and takes pictures of it. Seems reasonable to me.

[Stonewall Jackson]

Here's an advance look at Ray Parks in his upcoming role as Snake-Eyes. It actually looks pretty good, so I hope that the Korean guy who will be playing Storm Shadow does him justice as well.

[VietVet]

We are just going to have to agree to disagree. Although it seems to me that, from the content and tone of your remarks, your definition of Law Enforcements’ “hostile intentions” might include the intent to enforce the law.

One thing is sure, tho.’ No matter what the courts may rule in one case or another, if the police officers on the scene perceive an action, such as photographing undercover officers, as a threat, they will respond to neutralize that threat. They may be polite about it, as by requesting the photographer to erase a given shot; they might be more technical, such as siezing the camera/cell phone for evidence; or they might be purely forceful, such as just smashing any cameras or phone they come across.

[elkfersupper]

if the police officers on the scene perceive an action, such as photographing undercover officers, as a threat, they will respond to neutralize that threat. They may be polite about it, as by requesting the photographer to erase a given shot; they might be more technical, such as siezing the camera/cell phone for evidence; or they might be purely forceful, such as just smashing any cameras or phone they come across.

I was wondering what happened to the motto "To Protect and Serve".

Now I know.

[VietVet]

I think you have to take into account the question of serving whom by protectiong them from whom else?