Taking cell phone pictures of cops illegal in Philly

[old hippie 56]

PHILADELPHIA -- A Philadelphia family said they are outraged over the arrest of one of their family members.

The family of Neftaly Cruz said police had no right to come onto their property and arrest their 21-year-old son simply because he was using his cell phone's camera. They told their story to Harry Hairston and the NBC 10 Investigators.

"I was humiliated. I was embarrassed, you know," Cruz said.

Cruz, 21, told the NBC 10 Investigators that police arrested him last Wednesday for taking a picture of police activity with his cell phone.

Police at the 35th district said they were in Cruz's neighborhood that night arresting a drug dealer.

Cruz said that when he heard a commotion, he walked out of his back door with his cell phone to see what was happening. He said that when he saw the street lined with police cars, he decided to take a picture of the scene.

"I opened (the phone) and took a shot," Cruz said.

Moments later, Cruz said he got the shock of his life when an officer came to his back yard gate.

"He opened the gate and took me by my right hand," Cruz said.

Cruz said the officer threw him onto a police car, cuffed him and took him to jail.

A neighbor said she witnessed the incident and could not believe what she saw.

"He opened up the gate and Neffy was coming down and he went up to Neffy, pulled him down, had Neffy on the car and was telling him, 'You should have just went in the house and minded your own business instead of trying to take pictures off your picture phone,'" said Gerrell Martin.

Cruz said police told him that he broke a new law that prohibits people from taking pictures of police with cell phones.

"They threatened to charge me with conspiracy, impeding an investigation, obstruction of an investigation. … They said, 'You were impeding this investigation.' (I asked,) "By doing what?' (The officer said,) 'By taking a picture of the police officers with a camera phone,'" Cruz said.

Cruz's parents, who got him out of jail, said police told them the same thing.

"He said he was taking pictures with his cell phone and that was obstructing an investigation," said Aracelis Cruz, Neftaly Cruz's mother.

The NBC 10 Investigators asked the ACLU union how they viewed the incident.

"There is no law that prevents people from taking pictures of what anybody can see on the street," said Larry Frankel of the American Civil Liberties Union. "I think it's rather scary that in this country you could actually be taken down to police headquarters for taking a picture on your cell phone of activities that are clearly visible on the street."

Frankel said Cruz's civil rights might have been violated.

"He was unlawfully seized, which is a violation of the 4th amendment the last time we checked," Frankel said.

Cruz, a Penn State University senior, said that after about an hour police told him he was lucky because there was no supervisor on duty, so they released him.

"They said if the supervisor was there I wouldn't be a free man and that he is letting me go because he felt that I was a good person," Cruz said.

Police told Hairston that they did take Cruz into to custody, but they said Cruz was not on his property when they arrested him. Police also denied that they told Cruze he was breaking the law with his cell phone. Cruz's family said they have filed a formal complaint with the police department's Internal Affairs division and are requesting a complete investigation.


#

Reputation Comments on this post:

	good find and thanks for posting it!
	Good post.

[Voices]

Hope no one in Philly has a photographic memory.

[Nagognog2]

Friend of mine was arrested and charged with felony wiretapping for filming and recording an anti-war demonstration in Boston. He's an independent journalist for radio. The charges stuck and he was convicted.

Here's the bonehead who busted him:

[Voices]

^My God, I don't understand how this is possible?

Would the individual who filmes Rodney King and his beating, would he now be charged with a crime for filming the police doing their so called duty?

[markdahman]

This makes me preety sad! Ive actually taken pictures of em during a investigation before! lol
Had i of gotten arrested i probably would b very mad cause i was just testing a new camera haha!

Is that legal no eh? In canada i would think not especially!

[prescription]

Yea exactly, how does this work if you capture a pic of something illegal but in the process capture a police officer in the picture- maybe the police officer is the one perpetrating the crime- i suppose the evidence would be discounted because you are breaking the law by taking the evidence. Hell maybe you'll get charged with an offence. This seems like a stupid law, is it one of the new ones placed because of that homeland security act (not sure if thats the right act but sounds correct) and what actual purpose does it fulfill?

[Bajeda]

This is why right after I graduate from college I am leaving the United States. I've only lived in the US for a year maybe and it just scares me sometimes, even though I am a citizen.

[Nagognog2]

It was, according to my friend who is now a convicted felon, an obscure law and open to interpretation. But it is now being used to stifle any dissent against authority - which they seem to believe is recording the authorities actions.

Would Rodney King have happened today? The tape of the beating would likely be checked through the legal department of the TV station it was given to. And likely they would ask the cops if they would mind if they aired it. Read: Not damned likely. And the person who filmed it could expect a visit.
I wouldn't be surprised if the convictions of those cops were thrown out, and the person who filmed it was picked up today for reasons of "National Security."

[indiedrugmusic]

That is so fucked up!

[boy162000]

I think what seems to strike me about this new "law" is that bolsters the argument for the concept of emerging American neo-facism espoused by some who are even far more left wing than I am. I fear I'm beginning to believe them slightly. My educational background is political science / theology. I'm sure many of you have heard the "14 Defining Characteristics of Facism" from the Spring 2003 edition of "Free Inquiry." If you haven't, you should definately check it out. It's interesting to me because I'm not a conspiracy theorist, i'm not a fan of the "everything is going to hell in a handbasket" type mindset. It is interesting to read these things, however, and really note similarities.

When I hear of law enforcement not allowing photographs to be taken and subsequently arresting those who do take photos of them I think of police in China, African warlords, North Korean media, a lot of the Middle East etc. I believe that if this law were challenged, perhaps, it might be declared unconstitutional because it abridges both the right to free press and reporting as well as free speech; as the ACLU spokesperson said: "Activities that are clearly visible on the street."

When law enforcement will not allow photos to be taken I don't think there's a better way to say it than to say that it seems very much like something that is now gone (at least in Philly) that used to be taken for granted. Is the US government taking away all your "freedoms"? No, it's chipping away at them slowly letting the ones who have the most power and money feel like they're being catered to in the meantime and that what's happening is a neccesary tightening of laws to "protect" Americans.

I have a friend where I work. He's very proud of the current administration (though he cannot really give me any good specifics other than some mumbling about Iraq and terrorism and whatnot). He doesn't feel his "freedom" is being abridged because while he is 23 and a student he also has his education, apartment, cell phone, car, utilities etc. paid for by his father who is an executive. The young man is out of touch with the struggle of anyone who is not caucasian, male, and wealthy. I also am caucasian, male, and relatively well off but I've also done extensive study on this particular subject and the only thing that comes to mind is Rev. Martin Niemoller's poem about the Shoah:

"First, they came for the socialists, and I did not speak out because I was not a socialist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for the Jews and I did not speak out because I was not a Jew. Then they came for me and there was no one left to speak for me."

(William L. Shirer, The Rise and Fall of the Third Reich (Simon and Schuster, New York, 1960) pp. 234 - 239.)

My point in saying all of this is that while I have not heard a course of action other than political activism on the part of the left, it is important for those in power to realize that they are not immune to this. That the illusion of safety and protection is obfuscation because I wonder how many of them are going to be ok with it when "protection" suddenly means not leaving your house after 10:00pm. I wonder that when they finally decide it's gone too far (for any reason) that they're going to realize that they themselves silenced all their possible allied dissenters and that there is "...no one left to speak up for them."

I also realize that I'm preaching to the choir here. I also know that many of you reading already realize everything I've stated. I just hope that those that don't do not consider this a lot of left-wing hot air.

.... and I think I need to move to Holland.

Peace and Carrots,

boy162000

Reputation Comments on this post:

	Good post
	quality post!
	Well thought, clearly written, organized..But, I totally disagree.

[The Doors]

boy1600 that was a great post!

I've been thinking a lot about freedom lately and patriotism because to me they sort of link together. People don't appreciate the freedom they have, so many people don't even realize how much of their freedom has declined over the years(we just have to look at the drugs situation for a good example).

Yet -- they support their country while going to war to fight for "freedom". They believe that the laws that were/are passed actually made to live in a better society(the fundemental laws were good enough IMO). Actual freedom like it was created with the constitution doesn't excist anymore.

[boy162000]

Vraiment, mon frere canadien.

I suppose what gets me the most would be the fact that as a political scientist I've studied liberalism and conservatism in both their classical and modern incarnations. What bothers me about the modern incarnation of conservatism is that it is, at it's core:

a) Materialistic - The doctrine of conservatism preaches that those who "have" are inherently more important than those who "have not." The doctrine stresses that the decisions are made by those with the money because those who have the money can enact the resolution of the moneyed majority. In other words, those who have the ability to pay for the goods and services that keep the economy running are entitled to making the decisions because the economy provides the money to keep the nation/city state prosperous.

b) Self Serving - The doctrine of conservatism, due to it's inherent materialism, glorifies the right of the individual to make choices based on ability to pay or because of power instilled by virtue of "class" which, in many places means "because of socioeconomic status". The "I earned my money and I will do whatever I want with it," or "I will decide where my money goes" are typical statements made by neo-cons. It is more impacting than just wanting to drive an SUV simply because one has the resources to drive one; it means that one can free oneself from the social responsibility both to the environment and to one's fellow citizens for the simple reason that one has the resources to do so.

c) Reactionary - Modern American conservatism values "tradition." American conservatism, however, uses "tradition" as a crutch to justify an unwillingness to step outside of the comfort zone bestowed by one's "class". Consider the following current example I've encountered:

A: I do not want LGBT people to be able to get married in my country.
B: Oh really? Why?
A: This country was founded on the faith of our forefathers. Christianity forms the basis of our laws and separation of church and state is a myth spread by bleeding heart liberals.

Person A has:

1) Not read enough about the forefathers because if he/she has the person would know that most of them were deists. They were closer to what Universalist Unitarianism is now than Christian. An excellent book written by Dean Warbois explains it best, in my opinion.

2) Disregarded the humanity of another human. The person has failed to recognize the "other" as an equal with thoughts, feelings, desires and hopes for his/her life that are similar to person A's. They have, in essence, and without thinking created a second class of person for the person in the "other" category.

3) Has equated "tradition" with Conservative Christianity. The person has ignored both the fact that theology is ever-evolving which is the core aspect that separates theology from doctrine. The person has also ignored the plurality of the United States as it exists now, which is not some fuzzy liberal myth. My third year Sociology professor told us: "The United States used to be considered a melting pot, but that is no longer feasible or real. The United States is in fact a vegetable bowl. Whether we like it or not, when there is no identity for the group, people will cling to their unique ones." In other words, Person A is a conservative Christian, otherwise he/she probably would not have made the statement they did. (You could make the argument that conservative Jews and Islamics would agree, but then again, Person A obviously would not observe Ramadan or Passover as a state-mandated holiday. What that would mean is that yes, conservatives of other religions would agree but their agreement is only important insofar as it supports the agenda of Conservative Christianity to that person.) Personally, I reject the tradition argument both on the bases that I am a humanist and a Reform Jew as well as the fact that it's unsound.

Understand, I'm not making a blanket to cover conservative people. I have met some awesome progressive conservatives. These are the arguments, however, that those who do not blink an eye when someone gets put in jail for taking a picture of a law-enforcement official (those making the laws), in my opinon, believes. It is my researched opinion that American, indeed Western neo-conservatism, and it's products and allies may very well have good intention but they are also, in fact, distilling a government into an oligarchy and justifying it.

I am again not a conspiracy theorist, and I consider myself pretty well left of the center but not "left wing." Everyone has a right to live how they want to live. If that means a man marrying a man, or a person putting a substance into one's body that alters one's perception. In my opinion, as long as they are hurting no one else by their action, then everything else is secondary and superficial. It is the right to positive self-actualization, however that may come about, that forms the very heart of the desire to live and function as a human being.

That's my argument for universal humanism. Eric Yoffe would be proud. I suppose I think I put it best in one of my posts when I was younger on an older message board:

"If I have to endure a theocracy as a form of government in a plural society, then you have to endure my friend eating acid and running through the woods screaming at rocks because he thinks he's a bat ."

PLUR,

boy162000

Reputation Comments on this post:

	Indeed, very lucid post.
	Elaborate explanation

[jesusfreak666er]

I live 15 minutes from philadelphia in a upper class suburban are. Swim finds this article intresting, hard to believe thats all he was doing but then again being black in america is a crime, its not in police handbooks but isnt it?

Swim is sure that a civil rights group will get involved, maybe aclu... freedom of speech infringements on the young man. He has the right to take a pic of anything he wants. Swim is also curious about the date this happened? havent heard about it, odd.

http://www.nbc10.com/news/9574663/detail.html

swim just looked into it, wow only in america... philadelphia is a dangerious place, in the wrong neighborhood. Swim can understand why a cop arresting a drug dealer in the streets of philly would be cautious but the police should have imediately released him and issued an apology.

[mick mouse]

As the title says, should we expect anything different? "We the People" gave these clowns the power to do stupid shit like this, should we expect that they will willingly give it back? We put drunks into political office and then express amazement at thier actions. Can we all say "jack abramoff"? In this country, the 2004 election was stolen by Bush, et al. Check out Harper's Magazine august 2005 article by Mark Crispin Miller or Robert F. Kennedy's articles on this as well. The Patriot Act is a sham designed to further reduce the freedoms of citizens not only in this country, but abroad as well. The REALLY scary part is that the powers that be feel comfortable enough to allow this story out, can you imagine what we don't see? How about Maricopa county, AZ. and Sherriff Joe Arpiao? This worthless piece of shit put a young man into a restraint chair (Banned by most civilized governments, such as russia and china!), strapped him in and put a hood on him. He started struggling(wouldn't we all!), so the officers "tied him in such a manner as to restrict his breathing, thus controlling him". AFTER he quit breating, the officers waited over 5 minutes to summon a nurse (one is supposed to be standing by whenever the chair is used), because they thought he was faking! Sherriff Joe took the stand in open court and said that he supported his officers decisioins. The young mans crime? Acting erraticaly in a public place. A few years ago the same sherriffs officers picked up a a man of ethiopian decent for the crime of being a "nigger" (thier word, not mine) in Scottsdale, AZ. They sodomized him repeatedly with a broomstick in a closet for several hours until he "confessed". Along the way, they perforated his intestines in several areas
but he was lucky, he lived. This craziness happens everywhere in this country, but nothing is done about it for fear of being singled out. Personally, I have some ideas about this type of behaviour. We need to remember that "freedoms taken away can be re-taken, by force if necessary, freedom given away is lost forever", or perhaps we all can make a choice to chose freedom over security. Belieze is supposed to be real nice, this time of year as well.( no extradition treaty and you only have to show income of 25K a year to become a citizen, I think) I am a military vet (12 years Special Forces) and my opinion is that it just may be time for the third american revolution. O.K. enough of my ranting, but this kind of shit pisses me straight the fuck off!

Reputation Comments on this post:

Word.

[Nagognog2]

A quick guide to the USA today:

You say: "I don't like what the current administration is doing to our Nation."

Replies:

"You are a traitor and un-patriotic! Remember 9/11!"

"You hate Jesus and Christians! Remember 9/11!"

[boy162000]

Originally Posted by Nagognog2

A quick guide to the USA today:

You say: "I don't like what the current administration is doing to our Nation."

Replies:

"You are a traitor and un-patriotic! Remember 9/11!"

"You hate Jesus and Christians! Remember 9/11!"

I live for your posts. Always succinct and accurate. I lol'd.

[oldfart]

Originally Posted by Nagognog2

A quick guide to the USA today:

You say: "I don't like what the current administration is doing to our Nation."

Replies:

"You are a traitor and un-patriotic! Remember 9/11!"

"You hate Jesus and Christians! Remember 9/11!"

Fuck 9/11 the ignorant assholes that let a plane get taken over by a bunch of retards with BOX CUTTERS deserved to die. sorry if you and your box cutter are standing in my way of living but OOPS sorry I snapped your neck like a twig. Pilot please continue your JOB. NEXT.

P.s. I have been shot twice (.22 and 9Mil) and stabbed with a hunting knife none of my attackers made it past my wallet without encountering severe pain (one could not be identified even with dental records) so if you think I am kidding, PLEASE be on MY plane with your little box cutter. You uneducated believe what another uneducated moron tells you idiots Allah and the 40 virgins PLEASE who is that STUPID? and PLEASE come try and TAKE OVER ANYTHING with a box cutter or a knife or even a gun. You will not find some pampered, stupid ignorant American here MR Martyr.

[fnord]

when swim was dressed as a pirate protesting the democratic national convention in boston a few summers ago police were stealing protesters cameras right out of there hands all day long,why is it the police fear the possibility of being held accountable for there actions so much?

[The Doors]

Originally Posted by fnord

when swim was dressed as a pirate protesting the democratic national convention in boston a few summers ago police were stealing protesters cameras right out of there hands all day long,why is it the police fear the possibility of being held accountable for there actions so much?

I take pictures of officers all the time and quite frankly I'd love for them to try and take my Digital SLR away - that is not going to happen! Now SWIM has a bit of background in photography. It is illegal for one to publish a non-authorized picture (meaning the subjects in question didn't agree for their pictures to be released) in order to make a profit.

This is complete bullshit and it wouldn't happen in Canada even though this thread is like a year old and I've already posted on it during my "younger" days at DF.

oldfart; more and more people believe that 9/11 is a conspiracy by the CIA and almost 6years later - it doesn't sound to farfetch anymore (I know I'm just stating the obvious here...). Taking away freedom, billions of tax dollars wasted on a war. How is it that the citizens of a country such as the United States don't benefit from health care but somehow see fit to spend 500billions dollars on a war (and these are just numbers they give) -- Fucking ridiculous.

[Nagognog2]

The precedent was set in Massachusetts: A friend of mine is an independent journalist and radio producer. And now he is a convicted felon. His crime? He took a photo of a cop at an anti-war rally in Boston. He was convicted by a jury of Felony Wiretapping. Here's the picture:

[YKS]

Honestly, SWIM has had a situation where my camera has been taken away from me during a midnight parade when a fight broke up between civilians & police officers. SWIM isn't exactly sure how he managed to noticed that pictures were being taken then approached and told him that "It was against the law to photograph these situations of police officers and it's considered to be contributing to terrorism."

SWIM ended up giving the memory card to the officer and that was it.

It happens everywhere, how are you really suppose to handle yourself? Sense when was capturing an act of real life events was a crime? Better yet! How could it even be an act of terrorism?

I simply love this forum!

[Police Officer]

Originally Posted by Nagognog2

The precedent was set in Massachusetts: A friend of mine is an independent journalist and radio producer. And now he is a convicted felon. His crime? He took a photo of a cop at an anti-war rally in Boston. He was convicted by a jury of Felony Wiretapping. Here's the picture:

The best I could come up with while researching this one is this (http://www.mass.gov/legis/laws/mgl/272-99.htm). And nowhere in that, my friend, does it mention taking pictures of the Police. It does cover wiretapping though. I believe your friend might be telling tall tales. If not then please find a link. I would be interested in knowing what you're talking about, but like I said, I think he's telling tall tales or not actually giving a true and accurate account of the events.

And this cop watch business. lol WOW. Dont those people have better shit to do with their lives? I dont know...wife, kids, job, friends, hobbies, etc...Hell, I would clasify DF as a hobby, and I barely have time for it--Much less time for hunting down the Police to take pictures of them like a big pathetic animal.

On the flip side...How about I come to your work and take pictures of you all day long with the sole purpose of reporting you for the smallest breach of protocol. Then at the end of the month I'll pay you a Police Officer's salary. Sounds pretty attractive, dosent it?

[fromthestars]

Originally Posted by Police Officer

And this cop watch business. lol WOW. Dont those people have better shit to do with their lives? I dont know...wife, kids, job, friends, hobbies, etc...Hell, I would clasify DF as a hobby, and I barely have time for it--Much less time for hunting down the Police to take pictures of them like a big pathetic animal.

On the flip side...How about I come to your work and take pictures of you all day long with the sole purpose of reporting you for the smallest breach of protocol. Then at the end of the month I'll pay you a Police Officer's salary. Sounds pretty attractive, dosent it?

See, now if we were civil servants who held a position where we violated peoples rights and fucked peoples lives up massivly/ the power to kill people then yes we would understand the general public wanting to observe and try to protect people from the largest armed gang in the Country.

Just even the idea it is your hobby to surf these boards, sure thats cool, It has its value to get "some" viewpoint from the otherside, but if your at all involved in drug enforcement, then flat out you are the "enemy" in YOUR "war on drugs"

Go solve a murder or something.

Reputation Comments on this post:

Good thoughts, I find it outrageous that people seem to be fine with the fact that we waste so much of the tax payers mo...

[Nigluhs]

You're definetely allowed to take pictures/video tape police. They are public servants. As long as you don't interfere with an investigation. They can't tell you that you can't be there and allow other civilians to be around at the same time. But for the most part you are fine as long as you are at a distance. Look up Cop Watch.

[Police Officer]

Originally Posted by fromthestars

Just even the idea it is your hobby to surf these boards, sure thats cool, It has its value to get "some" viewpoint from the otherside, but if your at all involved in drug enforcement, then flat out you are the "enemy" in YOUR "war on drugs"

Go solve a murder or something.

Its not my war on drugs buddy, its yours. You are responsible. You're the one who didnt vote or lobby hard enough for changes.