Man Arrested For Taking Photo Of Police Activity

[Laura]

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

Cell Phone Picture Called Obstruction Of Justice

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 a 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 famly said it has filed a formal complaint with the police department's Internal Affairs division and are requesting a complete investigation.

 

[paulnotbilly]

I remember this going around a while back, I don't know if it's true but I couldn't find the version I read. It mentioned that when he made his phonecall that it was discovered by the line being tapped...

http://www.2600.com/news/view/article/1441

PHOTOGRAPHER ARRESTED FOR TAKING PICTURES OF VICE PRESIDENT'S HOTEL
Posted 5 Dec 2002 06:03:48 UTC

An amateur photographer named Mike Maginnis was arrested on Tuesday in his home city of Denver - for simply taking pictures of buildings in an area where Vice President Cheney was residing. Maginnis told his story on Wednesday's edition of Off The Hook.

Maginnis's morning commute took him past the Adams Mark Hotel on Court Place. Maginnis, who says he always carried his camera wherever he went, snapped about 30 pictures of the hotel and the surrounding area - which included Denver police, Army rangers, and rooftop snipers. Maginnis, who works in information technology, frequently photographs such subjects as corporate buildings and communications equipment.

Read our follow-up article on the Mike Maginnis story.
Listen to Mike Maginnis's first-hand account from the December 4th edition of "Off The Hook."

The following is Maginnis's account of what transpired:

As he was putting his camera away, Maginnis found himself confronted by a Denver police officer who demanded that he hand over his film and camera. When he refused to give up his Nikon F2, the officer pushed him to the ground and arrested him.

After being brought to the District 1 police station on Decatur Street, Maginnis was made to wait alone in an interrogation room. Two hours later, a Secret Service agent arrived, who identified himself as Special Agent "Willse."

The agent told Maginnis that his "suspicious activities" made him a threat to national security, and that he would be charged as a terrorist under the USA-PATRIOT act. The Secret Service agent tried to make Maginnis admit that he was taking the photographs to analyze weaknesses in the Vice President's security entourage and "cause terror and mayhem."

When Maginnis refused to admit to being any sort of terrorist, the Secret Service agent called him a "raghead collaborator" and a "dirty pinko faggot."

After approximately an hour of interrogation, Maginnis was allowed to make a telephone call. Rather than contacting a lawyer, he called the Denver Post and asked for the news desk. This was immediately overheard by the desk sergeant, who hung up the phone and placed Maginnis in a holding cell.

Three hours later, Maginnis was finally released, but with no explanation. He received no copy of an arrest report, and no receipt for his confiscated possessions. He was told that he would probably not get his camera back, as it was being held as evidence.

Maginnis's lawyer contacted the Denver Police Department for an explanation of the day's events, but the police denied ever having Maginnis - or anyone matching his description - in custody. At press time, the Denver PD's Press Information Office did not return telephone messages left by 2600.

The new police powers introduced by the USA-PATRIOT act, in the name of fighting terrorism, have been frightening in their apparent potential for abuse. Mike Maginnis's experience on Tuesday is a poignant example of how this abuse is beginning to occur. It suggests that a wide range of activities which might be considered "suspicious" could be suddenly labeled a prelude to terrorism, and be grounds for arrest.