Man Arrested For Not Handing Over His Camera

**davidreilly3207** · 01-12-2015, 01:17 PM

Man Arrested For Not Handing Over His Camera
"A man who said he was an independent journalist filming footage of a car crash in Ocean County, New Jersey, had his camera confiscated and was placed under arrest.

NBC10 reports that 23-year-old Andrew Flinchbaugh was arrested on Thursday after he refused to hand over his camera.

"This is not a negotiation," the detective says in the video above. "Do I sound like I'm negotiating with you?"

Flinchbaugh told the detective with the Ocean County prosecutor's office that he would show him his footage or make him a copy of it, but he would not relinquish his camera.

The prosecutor's office said it would likely drop the charge of obstructing the administration of law.

"We never would have looked at the video without getting a search warrant and, based on our information, we didn't have the legal right to get the search warrant at that point," Ocean County prosecutor Joseph Coronato said.

The American Civil Liberties Union notes that it is generally acceptable to film law enforcement in public areas as long as the video-taker doesn't interfere with police work."

LensBeginner · 01-12-2015, 01:24 PM

This looks... terribly sad...

**sergysergy** · 01-12-2015, 02:00 PM

I never take pictures or film anything police related to avoid situations like this. Nevertheless police in this video seems to be more worried about the video than the actual accident

**monochrome** · 01-12-2015, 02:07 PM - **3 Likes**

Originally posted by sergysergy

I never take pictures or film anything police related to avoid situations like this.

And that's precisely why they unconstitutionally intimidate people.

Originally posted by sergysergy

Nevertheless police in this video seems to be more worried about the video than the actual accident

**Wingincamera** · 01-12-2015, 02:12 PM

I am a retired LEO, and on the surface it looks like the officer made a mistake. I once was taking photos of trains at a train station and was approached by the security officer there and asked to stop. Since it was private property I of course put my camera away, but I did point out to him that if I just wanted general photos of the station & tracks I could get much better photos from Google Earth, even Street View in this case. He just shrug his shoulders and stated he was just doing what he was told. I had already got my sunrise photos anyway. If this had occurred in a public area (sidewalk, street) I still would have just left even if I did have the legal right to take pictures. Not worth the time to argue.

JinDesu · 01-12-2015, 02:25 PM

News photographer arrested in Lacey

According to the update, charges against the reporter has been dropped.

EarlVonTapia · 01-12-2015, 02:27 PM - **2 Likes**

Over the past year or so my faith in law enforcement (at all levels) has been shaken with all of the high-profile stories of brutality, spying, and just plain ignorance in regards to the rights of individuals.

One thing that would help is having officers wear body cameras. It protects them, it protects citizens. Both law enforcement officials and civil rights groups welcome the idea, and I think it will go a long way to helping restore some confidence in the police back to individual citizens.

LensBeginner · 01-12-2015, 02:40 PM

Originally posted by JinDesu

News photographer arrested in Lacey

According to the update, charges against the reporter has been dropped.

But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences.
It's not enough to be right when one can be arrested/detained like this just because one individual says so.

All this, obviously, if this really happened the way it has been recounted by journalists.

JinDesu · 01-12-2015, 02:43 PM - **1 Like**

Originally posted by LensBeginner

But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences.
It's not enough to be right when one can be arrested/detained like this just because one individual says so.

All this, obviously, if this really happened the way it has been recounted by journalists.

Right, what I intended with my update was that the prosecutor basically figured that the cop fked up and the reporter did nothing wrong.

Docrwm · 01-12-2015, 02:56 PM - **3 Likes**

Barney Fife runs a Police Academy somewhere.

LensBeginner · 01-12-2015, 03:03 PM - **1 Like**

Originally posted by JinDesu

Right, what I intended with my update was that the prosecutor basically figured that the cop fked up and the reporter did nothing wrong.

Yeah I had got that, just thinking out loud...

**monochrome** · 01-12-2015, 03:09 PM

Originally posted by LensBeginner

But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences.

Consequences are what tort liability is for. Of course, good luck convincing a Court the LEO is a liable tortfeasor.

**yucatanPentax** · 01-12-2015, 03:12 PM - **2 Likes**

If you are in public, you can photograph or film anything that is in plain view. If the police are there, you can legally photograph them as long as you stay back and do not interfere with them doing their work.

Know Your Rights: Photographers

In spite of what has happened in many recent protests, the police cannot order you to stop filming them. (This will not prevent them from arresting you and being forced to release you later, and/or falsifying charges such as disturbing the peace, resisting arrest, failure to comply with a lawful order, etc, etc, which is commonly done). I'm a former federal law enforcement officer. I've seen it over and over in local jurisdictions.

The Police Can’t Order You To Stop Filming Them In Public, Or Force You To Delete Pics From Phone ? Consumerist

Despite repeated court rulings, including by the US Supreme Court, people continue to be arrested.

Supreme Court Gives Nod to Citizens Who Record Police, Amidst Reports of Multiple Arrests

Despite court rulings, people are still getting arrested for recording on-duty cops - The Washington Post

Quote:

In order to get into court against a police officer, you have to demonstrate not only that the officer violated your constitutional rights, but also that the rights violated were well established at the time.

What's a person to do?

7 Rules for Recording Police

promacjoe · 01-12-2015, 03:50 PM - **1 Like**

I have taken pictures of several traffic accidents that happened behind my house. Never once was I approach By any officer wanting to see my pictures or questioning my rights to take those pictures. I make sure that I never interfere with any investigation by staying well away from any formal accident scene.

He was arrested because he would not turn over his camera. Not because he would not allow the officer to view the pictures or even provide a copy of those pictures. the officer had no right to confiscate the camera, because the images on his camera was no more than what the officer could obtain for himself. They were not Direct evidence. nor could they be used in court as evidence directly. I believe he would have a lawsuit against the police officers, police department, and the city/County which they served. I would at least ask for a formal apology and all records of my arrest be sealed including mugshots and fingerprints. And all computer records be removed from any database. I would also ask for compensation for any time that I spent While under arrest, Along with any Money that I had to spend associated with this arrest.

as long as he was in his rights to take the pictures, and not interfering directly with any police investigation. This should not have happened.

old4570 · 01-12-2015, 04:04 PM - **1 Like**

Cough ( Gestapo ) !
Its a sad day when the Police become the enemy of the people !

01-12-2015, 01:17 PM	#1
davidreilly3207 Loyal Site Supporter Join Date: Sep 2009 Location: South Jersey Photos: Gallery \| Albums Posts: 720	Man Arrested For Not Handing Over His Camera Man Arrested For Not Handing Over His Camera "A man who said he was an independent journalist filming footage of a car crash in Ocean County, New Jersey, had his camera confiscated and was placed under arrest. NBC10 reports that 23-year-old Andrew Flinchbaugh was arrested on Thursday after he refused to hand over his camera. "This is not a negotiation," the detective says in the video above. "Do I sound like I'm negotiating with you?" Flinchbaugh told the detective with the Ocean County prosecutor's office that he would show him his footage or make him a copy of it, but he would not relinquish his camera. The prosecutor's office said it would likely drop the charge of obstructing the administration of law. "We never would have looked at the video without getting a search warrant and, based on our information, we didn't have the legal right to get the search warrant at that point," Ocean County prosecutor Joseph Coronato said. The American Civil Liberties Union notes that it is generally acceptable to film law enforcement in public areas as long as the video-taker doesn't interfere with police work."

01-12-2015, 02:56 PM - 3 Likes	#10
Docrwm Veteran Member Join Date: Sep 2010 Location: Somewhere in the Southern US Photos: Gallery \| Albums Posts: 12,285	Barney Fife runs a Police Academy somewhere. Last edited by Docrwm; 01-12-2015 at 04:02 PM.

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01-12-2015, 01:24 PM	#2
LensBeginner Veteran Member Join Date: Sep 2014 Photos: Albums Posts: 4,696	This looks... terribly sad...

01-12-2015, 02:00 PM	#3
sergysergy Site Supporter Join Date: Jan 2011 Photos: Gallery Posts: 5,175	I never take pictures or film anything police related to avoid situations like this. Nevertheless police in this video seems to be more worried about the video than the actual accident

01-12-2015, 02:07 PM - 3 Likes	#4
monochrome Loyal Site Supporter Join Date: Mar 2008 Location: Working From Home Photos: Gallery \| Albums Posts: 26,276	Originally posted by sergysergy I never take pictures or film anything police related to avoid situations like this. And that's precisely why they unconstitutionally intimidate people. Originally posted by sergysergy Nevertheless police in this video seems to be more worried about the video than the actual accident

01-12-2015, 02:12 PM	#5
Wingincamera Loyal Site Supporter Join Date: Oct 2012 Location: Pine Haven, Wyoming Photos: Gallery \| Albums Posts: 1,182	I am a retired LEO, and on the surface it looks like the officer made a mistake. I once was taking photos of trains at a train station and was approached by the security officer there and asked to stop. Since it was private property I of course put my camera away, but I did point out to him that if I just wanted general photos of the station & tracks I could get much better photos from Google Earth, even Street View in this case. He just shrug his shoulders and stated he was just doing what he was told. I had already got my sunrise photos anyway. If this had occurred in a public area (sidewalk, street) I still would have just left even if I did have the legal right to take pictures. Not worth the time to argue.

01-12-2015, 02:25 PM	#6
JinDesu Veteran Member Join Date: Jun 2011 Location: New York City Photos: Gallery Posts: 5,638	News photographer arrested in Lacey According to the update, charges against the reporter has been dropped.

01-12-2015, 02:27 PM - 2 Likes	#7
EarlVonTapia Veteran Member Join Date: Oct 2012 Location: Vancouver Photos: Gallery Posts: 1,207	Over the past year or so my faith in law enforcement (at all levels) has been shaken with all of the high-profile stories of brutality, spying, and just plain ignorance in regards to the rights of individuals. One thing that would help is having officers wear body cameras. It protects them, it protects citizens. Both law enforcement officials and civil rights groups welcome the idea, and I think it will go a long way to helping restore some confidence in the police back to individual citizens.

01-12-2015, 02:40 PM	#8
LensBeginner Veteran Member Join Date: Sep 2014 Photos: Albums Posts: 4,696	Originally posted by JinDesu News photographer arrested in Lacey According to the update, charges against the reporter has been dropped. But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences. It's not enough to be right when one can be arrested/detained like this just because one individual says so. All this, obviously, if this really happened the way it has been recounted by journalists.

01-12-2015, 02:43 PM - 1 Like	#9
JinDesu Veteran Member Join Date: Jun 2011 Location: New York City Photos: Gallery Posts: 5,638	Originally posted by LensBeginner But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences. It's not enough to be right when one can be arrested/detained like this just because one individual says so. All this, obviously, if this really happened the way it has been recounted by journalists. Right, what I intended with my update was that the prosecutor basically figured that the cop fked up and the reporter did nothing wrong.

01-12-2015, 03:03 PM - 1 Like	#11
LensBeginner Veteran Member Join Date: Sep 2014 Photos: Albums Posts: 4,696	Originally posted by JinDesu Right, what I intended with my update was that the prosecutor basically figured that the cop fked up and the reporter did nothing wrong. Yeah I had got that, just thinking out loud...

01-12-2015, 03:09 PM	#12
monochrome Loyal Site Supporter Join Date: Mar 2008 Location: Working From Home Photos: Gallery \| Albums Posts: 26,276	Originally posted by LensBeginner But he passed an awful night (be it arrested or bailed out, I don't know) and the police officer who did this won't probably suffer any consequences. Consequences are what tort liability is for. Of course, good luck convincing a Court the LEO is a liable tortfeasor.

01-12-2015, 03:12 PM - 2 Likes	#13
yucatanPentax Loyal Site Supporter Join Date: Dec 2009 Location: Dallas / Yucatan Posts: 1,841	If you are in public, you can photograph or film anything that is in plain view. If the police are there, you can legally photograph them as long as you stay back and do not interfere with them doing their work. Know Your Rights: Photographers In spite of what has happened in many recent protests, the police cannot order you to stop filming them. (This will not prevent them from arresting you and being forced to release you later, and/or falsifying charges such as disturbing the peace, resisting arrest, failure to comply with a lawful order, etc, etc, which is commonly done). I'm a former federal law enforcement officer. I've seen it over and over in local jurisdictions. The Police Can’t Order You To Stop Filming Them In Public, Or Force You To Delete Pics From Phone ? Consumerist Despite repeated court rulings, including by the US Supreme Court, people continue to be arrested. Supreme Court Gives Nod to Citizens Who Record Police, Amidst Reports of Multiple Arrests Despite court rulings, people are still getting arrested for recording on-duty cops - The Washington Post Quote: In order to get into court against a police officer, you have to demonstrate not only that the officer violated your constitutional rights, but also that the rights violated were well established at the time. What's a person to do? 7 Rules for Recording Police

01-12-2015, 03:50 PM - 1 Like	#14
promacjoe Veteran Member Join Date: Jun 2014 Posts: 340	I have taken pictures of several traffic accidents that happened behind my house. Never once was I approach By any officer wanting to see my pictures or questioning my rights to take those pictures. I make sure that I never interfere with any investigation by staying well away from any formal accident scene. He was arrested because he would not turn over his camera. Not because he would not allow the officer to view the pictures or even provide a copy of those pictures. the officer had no right to confiscate the camera, because the images on his camera was no more than what the officer could obtain for himself. They were not Direct evidence. nor could they be used in court as evidence directly. I believe he would have a lawsuit against the police officers, police department, and the city/County which they served. I would at least ask for a formal apology and all records of my arrest be sealed including mugshots and fingerprints. And all computer records be removed from any database. I would also ask for compensation for any time that I spent While under arrest, Along with any Money that I had to spend associated with this arrest. as long as he was in his rights to take the pictures, and not interfering directly with any police investigation. This should not have happened.

01-12-2015, 04:04 PM - 1 Like	#15
old4570 Veteran Member Join Date: Feb 2013 Location: Melbourne Photos: Albums Posts: 2,551	Cough ( Gestapo ) ! Its a sad day when the Police become the enemy of the people !