The courts have been "pretty clear" on the issue, Kirtley said. "Law enforcement has no expectation of privacy when they are carrying out public duties in a public place."
yet the county is still proceeding with prosecution.
Well, the US has it’s well known constitution. I can’t speak to what is constitutional in Canada, but some laws have already been upheld there that would NEVER see the light of day in the US thanks to the first ammendment. So who knows if the cops will prevail in this case?
Why is this man called ‘little’? Have they pants him, to make sure?
Sure, they have lawyers on staff, and no-one has to take money out of their monthly budget to proceed.
The guy that is being prosecuted, though, has to hire a lawyer and blow his monthly budget to defend himself. He's already being punished, even if he gets off of the charges.
/johnny
The juicy part of this story is that he was charged because he violated Hipaa. :-)
Of course that won’t stick, but it is interesting that they went to those lengths to bring charges.
This is LEGISLATION BY INTIMIDATION.
The police ROUTINELY do the BS of “dumping to the judge” as a means of harassment. This person has their life turned upside down, has a permanent bloch on his record because of this police officers EGO.
The only way this will end is when the police officers become personally liable along with prosecutors who pursue this anti-first amendment intimidation. Perhaps even joint and several liablity for attorney fees even though it is criminal.
Yup, they are throwing away taxpayer dollars simply to intimidate taxpayers.
They are aware of it; they threaten not out of ignorance, but out of a desire to intimidate.
Thankfully, there are still peace officers like Lawdog around:
Apparently there has been some Internet kerfuffle involving officers being videotaped by citizens. Seems some officers get their Hanes all up in a half-hitch about it — to the point of pulling some truly feather-legged stunts.
Why?
And I’m asking that question of both sides, by-the-by.
I ask the officers because, well, duh. If you’re not doing anything to be ashamed of, why do you care if someone videotapes you?
http://thelawdogfiles.blogspot.com/2012/01/mediations-on-cameras.html