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Man Claims Cell Phone Taken By DC Police For Taking Photos 318

Posted by timothy
from the safest-city-in-the-world dept.
First time accepted submitter hawkinspeter writes "Just one day after Chief Cathy Lanier made it illegal for MPD cops to take recording equipment, a 26-year-old local man had his phone taken as he was trying to record a violent arrest. They eventually gave back his phone, but without the memory card which also contained photos of his daughter along with the record of the alleged police brutality."
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Man Claims Cell Phone Taken By DC Police For Taking Photos

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  • Chief? (Score:5, Interesting)

    by Hatta (162192) on Friday July 27, 2012 @11:17AM (#40790791) Journal

    Just one day after Chief Cathy Lanier made it illegal for MPD cops to take recording equipment

    Chiefs don't make laws.

  • Re:Dropbox (Score:5, Interesting)

    by AHuxley (892839) on Friday July 27, 2012 @11:23AM (#40790879) Homepage Journal
    Thats very neat and an idea that so many people may not have thought of.
    Set up some blog or guide or webpage for that so others can learn how to use their phones web features.
  • Re:Chief? (Score:0, Interesting)

    by Anonymous Coward on Friday July 27, 2012 @11:25AM (#40790897)

    Chiefs don't make laws.

    Chiefs make poilcy, and that's administrative law. Nice try, though.

  • Re:Dropbox (Score:4, Interesting)

    by ilsaloving (1534307) on Friday July 27, 2012 @11:26AM (#40790921)

    Well, it would probably be a good idea to offload anything in your dropbox to a safe location, AND change your password.

    There are plenty of options, but Dropbox is the most ubiquitous one.

  • by Anonymous Coward on Friday July 27, 2012 @11:39AM (#40791155)

    My understanding is that the court system ruled it was illegal weeks or months before Chief Lanier's announcement. Lanier didn't make anything illegal or change the law. Lanier simply issued a decree to the MPD informing them of the law and directing them to comply with it.

    Yes, it's true. Neither the court's ruling or the Chief's announcement made it illegal. It always was. The big difference is that, unlike real people, the police normally get to claim ignorance of the law. If these allegations turn out to be true, the police chief will find it hard to justify a slap on the wrist. I don't trust him to do the right thing, but people are going to hold his feet to the fire on this one.

  • Re:Chief? (Score:5, Interesting)

    by Freddybear (1805256) on Friday July 27, 2012 @11:41AM (#40791205)

    By making it official policy, it opens up lawsuits that can break the usual qualified immunity that cops get.

  • by Hatta (162192) on Friday July 27, 2012 @11:50AM (#40791403) Journal

    Congratulations. You're a fascist. American citizens absolutely have the right to hold police accountable when they cross the line. Suggesting otherwise is reprehensible.

  • Re:Dropbox (Score:5, Interesting)

    by Feyshtey (1523799) on Friday July 27, 2012 @12:07PM (#40791691)
    That could make for a very interesting legal case... Grabbing a phone and destroying the memory card is one thing, but what are the legal ramifications of an officer illegally searching a storage technology on a server almost assuredly in another state over wired technology, and then destroying evidence there?

    Does that constitute destruction of evidence and property, interstate (federal?) jurisdiction violations, and potentially wire fraud charges?

    Destroying an SD card kills the ability to prove much. But servers would retain records of transactions.
  • Re:Dropbox (Score:4, Interesting)

    by IorDMUX (870522) <mark.zimmerman3@ ... minus physicist> on Friday July 27, 2012 @12:31PM (#40792065) Homepage
    This: http://www.pcmag.com/article2/0,2817,2406764,00.asp [pcmag.com]

    It's an app from the ACLU which lets you one-touch photograph or video an event and upload it to a secure location. (There is also plenty of useful information and now-what guides for interacting with police, laywers, an arrest, etc.) A very useful app [that I did not write].

    Spread the word. Get the eyes watching the watchers.
  • Re:Dropbox (Score:5, Interesting)

    by MickyTheIdiot (1032226) on Friday July 27, 2012 @12:47PM (#40792289) Homepage Journal

    Well.. at least they have to be creative and come up with a reason to get a court order at that point.

    They aren't going to go the judge and say that they need a warrant because the backup files might show brutal police action... are they?

  • Re:Dropbox (Score:5, Interesting)

    by Belial6 (794905) on Friday July 27, 2012 @02:40PM (#40793953)
    Cop Recoreder is also an Android App.
  • Re:So Kick His Ass (Score:2, Interesting)

    by Khyber (864651) <techkitsune@gmail.com> on Friday July 27, 2012 @05:34PM (#40796245) Homepage Journal

    "Don't ever resist an officer with force, because after whatever violence the cops do response you're pretty much guaranteed to lose in court."

    WRONG.

    http://www.constitution.org/uslaw/defunlaw.htm [constitution.org]

    http://www.rayservers.com/blog/your-right-of-defense-against-unlawful-arrest [rayservers.com]

    In fact, you're justified in killing the officer if they're in the commission of a felony or unlawful arrest.

    More dead cops = less cops likely to be stupid.

  • Re:So Kick His Ass (Score:4, Interesting)

    by 0111 1110 (518466) on Friday July 27, 2012 @05:35PM (#40796265)

    Exactly. I really wish someone had taught me this before I swore right back at a cop who swore at me. He severely beat me and nearly choked me to death and then charged me with assault and battery against him. I would never have sworn back at a gang leader alone at night with no witnesses and no way to escape. I fell for the whole idea that cops were basically the same as anyone else. That they were still human. Now I realize that most of them are sociopaths who would feel not the slightest remorse over severely beating or even killing a citizen who disrespects their authority in even the slightest way. In other words they are not just gang members. They are unusually violent gang members with no limit to their actions.

    Most people I know have never had any serious interaction with a cop. More than just traffic tickets. Like me, they had no idea that a cop would be willing to kill you or put you in the hospital for even the slightest hint of disrespect like swearing back at them in response to them swearing at you first. I consider it my duty to try to educate others about the difference between an actor playing a cop in a movie or on TV and the real thing. I didn't end up going to prison, but I did end up with lingering memory problems from the concussion, a violent criminal record (beating up a cop), and in debt for thousands to pay my attorney fees (even though I took a plea bargain). I do plan to eventually tell my story to the FBI, but not while still living in the same state as the crazy cop. I have no doubt he would come to my house and kill me if I caused him any sort of trouble like that.

The world is moving so fast these days that the man who says it can't be done is generally interrupted by someone doing it. -- E. Hubbard

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