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Police arrest man INSIDE his house for taking cell phone video of traffic stop

6.8K views 44 replies 34 participants last post by  |eric|  
#1 ·
#7 ·
Most states and the federal government have eavesdropping laws in place to cover various situations. Violate those laws and you get arrested. In Illinois the eavesdropping laws are felonies in certain events and you have legally got to meet specific requirements before videotaping people or recording them on phones. Many of these eavesdropping laws are used to arrest, detain and track guys who record children prior to kidnapping them. So that was how some places implemented eavesdropping laws. In other places, like Chicago, the eavesdropping laws came to be after local politicians got caught taking bribes and involved in corruption on video. So there are various stories to how and why the eavesdropping laws came to be. Just don't be playing with cameras and recording devices without the recorded person's permission and you'll be okay.
 
#8 ·
Why did he even open his door? I would have them break down my door and prove that I was filming them (which, BTW is only illegal in IL if there's SOUND in the recording). I would have the sued the department for a host of 4th Amendment violations, property damage and wrongful arrest.

I don't open my door for the police. We can talk though the door, I can call the station and have the dispatcher patch me through to them on their cell phones or we don't have to chat at all. You don't have to talk w/ the police.

They want inside...get a warrant.

This case will result in the man being released and a lot red faces and embarrassed officers. Hopefully a lawsuit, as well.
 
#10 ·
End run?

The way the officer said that the phone was evidence could be taken two ways , 1) evidence in the arrest of the four suspects "the end run".
2) evidence against the man taking the video "eavesdropping laws".
It would be a win / win for the officers either way.
I don't think the officer stated anything about an eavesdropping law or interfering with a police officer.
I think if its ok for them to tape us during a traffic stop we can tape them. Besides in 2005 a federal judge ruled in favor in a similar case http://www.thenewspaper.com/news/05/541.asp
 
#12 ·
ticketed for witholding evidence?

I'ma take the phone... 'cuz that's gonna be evidence... (Man refuses)... You want to go to jail?... Withholding evidence
I would have told him I would gladly give it to him after he gives me his badge number and gets a warrant for being in my house on my property once the warrant is obtained he can have whatever he wants.

if he kept trying to take my phone after that he would be dead
 
#14 ·
Officer goes on paid leave, city taxpayers will have to fork over cash for a civil suit.

The perpetrator (the officer) will not be punished in anyway. If he doesn't know that he cannot enter a home (garage) without permission or a warrant and doesn't know that he could have merely asked for the man to simply send a copy of the video to the PD for use as evidence (as he said) he is not qualified to up hold the law and should be fired. His pension should be used as a settlement to the victim for the officer's complete lack of respect for the Constitution.
 
#29 ·
He needs to read the constitution if he plans to inhale much longer.
*Sigh*. Why, what are YOU going to do? Stop huffing and puffing like Billy Badass and post the story. Your empty threats don't impress anyone.

I would have told him I would gladly give it to him after he gives me his badge number and gets a warrant for being in my house on my property once the warrant is obtained he can have whatever he wants.

if he kept trying to take my phone after that he would be dead
RIIIIGHT. Because you're just such a tough guy and can guarantee that you wouldn't be cuffed on the deck. :rolleyes: There are several clearly delineated exceptions to the warrant requirement, FYI. Not saying the OP fits any of them per se but just because you wear a tin foil hat and fancy yourself the one man arbiter of the Constitution does not you wouldn't get folded like a high school note if you tried to assault a cop in the lawful course of his duties. Insisting on a warrant when one is not legally required to the point of physical resistance is a great way to get hurt.

All that being said, I don't care if someone tapes any of my car stops. Why would I? My camera records them, what is one more piece of video going to do? If I am performing a public service and being paid by the public, then they can tape to their heart's delight. The only problem becomes if they start approaching too close to what is going on, but as long as they maintain a respectable and safe distance, hell, knock yourself out.
 
#36 ·
*Sigh*. Why, what are YOU going to do? Stop huffing and puffing like Billy Badass and post the story. Your empty threats don't impress anyone.



RIIIIGHT. Because you're just such a tough guy and can guarantee that you wouldn't be cuffed on the deck. :rolleyes: There are several clearly delineated exceptions to the warrant requirement, FYI. Not saying the OP fits any of them per se but just because you wear a tin foil hat and fancy yourself the one man arbiter of the Constitution does not you wouldn't get folded like a high school note if you tried to assault a cop in the lawful course of his duties. Insisting on a warrant when one is not legally required to the point of physical resistance is a great way to get hurt.
.
ya well im pretty sure that cop was out of line and im pretty sure I am alwayse armed on my property and being his weapon was not drawn at the time im pretty sure i could get a shot or two off before he knew wtf happened

I would be more worried about his friends than the wayward cop:thumb:
 
#41 ·
Don't squad cars have dash cams? Isn't that evidence enough for the arrest? Also the man was on his own property inside his own home, so how does the officer have a right to enter his home? And further more what happened after the man retreated to inside the house and shut the door? Did the officer forcefully enter the house?
 
#43 ·
Exactly, there is no expectation of privacy for these cops in public, as there is none for us civilians as cops see fit to tape us from their dashboard. The cop had no right to step foot on the man's property, any potential evidence would require a warrant to seize- you cannot argue around these points.

We are seeing a brazen increase in such incidents lately as a method of conditioning the public masses to believe they no longer have any rights in the eyes of the State. Woman, men, and children forced to be herded through body scanning radiation devices and molested by minimum wage TSA workers. Cops who forgot they are public servants and not God, acting as if there are no boundaries for them, constantly breaking the law and the noses of innocent people to compensate for their shortcomings as human beings.

We all answer to the same God, whatever name you have for God. You cannot do to another what you would not expect to be done to you. As we're entering these troubled times be sure to constantly remind yourself of this. I see a forum of good-minded and good-hearted people here who want to do right by themselves and others, in a world that keeps trying to convince us were just animals. I don't believe that for one second and neither should you. Let the world fall around you but maintain your dignity and respect for one another, it may very quickly become the only thing we have left.