Home / Georgia Cop Arrests Man Video Recording him during Traffic Stop

Georgia Cop Arrests Man Video Recording him during Traffic Stop

A Georgia police officer was able to maintain his professionalism for only a few minutes before he arrested a citizen who was video recording him during a traffic stop last week.

Andrew Ogiba, 19, was charged with obstructing or hindering law enforcement officers, because he chose to narrate into his video camera after signing the citation instead of tearing out of the parking lot within seconds of receiving it.

It is obvious from his video that Mcrae police officer B. Wyatt was trying to teach Ogiba a lesson.

As a result, Ogiba spent two hours in jail before paying a $500 bond to be released. He had to pay an additional $150 because his 1995 Camaro had been impounded.

But now Ogiba is already planning to file a lawsuit.

“I’ve already emailed the ACLU and will be talking to a lawyer tomorrow,” he said in a telephone interview with Photography is Not a Crime Sunday evening.

Ogiba, who has been in the U.S. Army for two years, is worried the arrest will affect his ROTC scholarship.

The incident took place Wednesday when Ogiba was driving back home to Mcrae from Augusta after spotting two officers parked at the side of the road.

Having received a citation for loud music earlier this year, he instinctively turned the music down, which he had been listening to during the three-hour drive.

But it was too late. The cops pulled him over and he immediately complied, pulling into the empty parking lot of a church.

As Wyatt was writing the citation from his patrol vehicle, Ogiba was narrating into the camera about how the ACLU believes noise citations are unconstitutional and how he plans to fight the citation.

At 3:42, Wyatt steps out of his vehicle and begins walking towards Ogiba’s car.

Ogiba asks the officer is he had used a measuring device to determine the noise decibels from his car.

Officer Wyatt ignores the question, ordering him to sign the citation, informing him that the music could be heard from 200 yards away.

Ogiba signs the citation but continues to ask if a measuring device had been used to determine the distance that the music could be heard.

At this point, both men are remaining civil and professional. Ogiba makes no secret that he is recording and Wyatt takes no issue with the camera.

Wyatt even tells him to “have a nice day” before walking back to his car and Ogiba responds by saying, “OK, you too.”

That’s when it all falls apart.

As Wyatt was walking back to his car, Ogiba speaks into his camera, saying, “he’s going back to his car, he refused to answer any of my questions.”

That caused Wyatt to stop in his tracks and turn around.

“Excuse me, sir,” Wyatt says as he starts walking back.

“I was talking to my camera,” Ogiba responds. “I said you refused to answer any of my questions and you can do that, that’s fine.”

That was when Wyatt orders him out of the parking lot, telling him it is private property.

Ogiba puts on his seat belt and places the key in his ignition, but then starts questioning whether or not the church parking lot was open to the public despite it being private.

He also made the mistake of asking for his name.

At 5:56, Wyatt opens the door to Ogiba’s car and orders him out, telling him he is being arrested for obstruction of a law enforcement officer.


Contact writer at  Carlos Miller

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.
  • Difster

    Scumbag, power-tripping thugs.

    Clearly the cop has no authority to arrest him. The only time you can arrest someone for being on private property is when there is a complaint.

    • stk33

      He did not arrest for trespassing. He arrested for not following his orders, which police interprets as obstructing them in their duties. The simple question “doing which duty has been obstructed?” will trash this interpretation (“to clear the parking lot”? was that really a duty? etc.)

      • Difdi

        The problem is that the officer had ended the encounter at the time the arrest occurred. If Mr Ogiba had simply got into his car and driven off at that point, he would not have been arrested for fleeing from police.

        A lawful arrest can only be made if the officer witnesses a crime being committed, has probable cause to believe one has been committed or is about to be, or if the officer is in possession of an arrest warrant for the person he is arresting. If none of those things are true, then the arrest is false. A false arrest is a criminal act.

        Since the officer knew full well that Mr Ogiba was not obstructing his duty at that point, since he was no longer being detained, the arrest for obstruction can only be a false arrest, since no crime was committed by Mr Ogiba. Mr Ogiba’s “crime” was an exercise of his right to freedom of expression, which is not a crime at all. When a public official (such as a police officer) interferes with the exercise of that right by making an arrest, he is making a false arrest. He is also committing a federal crime, under 18USC242.

        One of the Justices who ruled on John Bad Elk vs The United States made a fascinating comment as part of the published opinion. Specifically, that a citizen has the right to self-defense against a crime being committed against him, and that false arrest is just such a crime. If the citizen uses disproportionate force in resisting a false arrest the worst applicable crime would be manslaughter, not murder. If the officer making the false arrest threatened or used deadly force first, then the death of the officer in the course of resisting a false arrest would not be a crime at all.

        Puts a different spin on the hazards of being a bad cop, eh?

  • notliberal

    Andrew, I hope you do three things. One, only accept the removal of this officer from the force as part of an acceptable resolution and two, you demand some form of compensation for all the costs and hassle you have and will suffered pursuing this case and three, you require the department to educate their officers via formal training.

  • http://www.facebook.com/cliff.lee.125 Cliff Lee

    good luck with that officer. i didn’t see any kind of obstruction.

  • http://www.facebook.com/hippieatheart63 Greg McGowan

    Amend your headline, he wasn’t arrested for filming, he was arrested for obstruction (and pissing off the police). Hell, that was bad enough.
    Here we go with you media guys going for the sensationalism, what are you FOX NEWS?
    I don’t agree with the actions of these officers and this is a good story to be out there but, you guys should be ashamed of that headline. Did you watch the video? Did this officer ever ask him to turn his camera off? Did the officer ever comment on his filming?
    When he takes this cop to court he can ask him all those questions and get all the answers he needs. The cops doesn’t have to answer those things just like Andrew doesn’t have to before going to court. To me the strange thing is them taking this non-violent person to jail and have him take up space that a violent criminal should be in. Give the man another ticket and let the courts deal with it. Hope you don’t lose your scholarship Andrew, if you do the City of McRae should pay for that too.

    • Andrew Ogiba

      The title on my video says “..LEADS to arrest”, but here it does say arrest.
      Your right, he isn’t required to answer any of those questions right there, but it goes to show his character as a police officer. Why would you not want to tell me how you determined me in violation to be pulled me over? The flakey statute makes it hard for him to.

    • Difdi

      Another ticket for what exactly? Exercising his constitutional rights? That’s not a crime.

  • Andrew Ogiba

    “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state” – Houston v. Hill

  • toughen up princess

    “Ogiba, who has been in the U.S. Army for two years, is worried the arrest will affect his ROTC scholarship.”

    he signed up to be part of a gang that takes part in illegal immoral aggressions based on lies against people who were never a threat resulting in the deaths of millions of innocent men women and children..

    and he bitches when he cops a ticket..

    america – sux2bu… but you deserve every bit of it

  • Jamal22

    Please keep us informed about the outcome of this case. I have a suspicion the court judge will attempt to dismiss the case, in effect letting the cop off the hook. Please pursue all avenues to set all law enforcement officers on notice they are being watched. Thanks!

  • Andrew Ogiba

    I would like to point out that Georgia does not have simple trespass laws, only criminal trespass. At any point I was not even arrested for trespassing nor did the owner put me on notice to leave the property. I look forward to court! The only reason I can draw that the officer wanted me off the property was because I was freely discussing governmental affairs.. US appeals case Gilk v. Boston gives me the right to comment and film the police.

  • dashcam

    Nice! He should have had a dashcam that records video and audio inside the vehicle like this one: http://www.freedomcam.net

  • http://www.facebook.com/david.ortiz.56027 David Ortiz

    i hoe everything goes your way. it’s obvious that knowledge of the law is not required to be a cop. he had to go out of his way to come to you and say you were obstructing him. calling anything a lawful order does not magically make it so.

  • $22798478

    Call the Chief Ken Wilcox 229 868-2093 and demand an answer. Go to this facebook page for that town: https://www.facebook.com/pages/City-of-McRae-Georgia/204219045993

  • $1858381

    These Incidents ought to be simultaneously recorded by additional parties, in my opinion. Had the Officer REALLY cared about leaving the property , he likely could have expedited his issuing of the citation.

  • Guerrilla Lawfare

    Look for case law in your state for 1st party obstruction. Chances are it does not exist. I just went through an obstruction case out here in Nevada where I did not roll my window down all the way at a DUI checkpoint. I went to court Pro Se and was found guilty, the judge cited “organic law” (you tube vid coming soon) however very quickly after I appealed the prosecution moved to grant my appeal. The reason I believe is this: They arest and Cite many people to “modify behavior” but if it were to reach appeals court and be decided on the merits they would lose so they will dismiss prior to setting precedence.

  • Tijuana Joe

    Poor cops these days. Lowly serfs, once compliant, are fed up and turning their cameras on and capturing these 45 minute intimidation drills on the public.

  • Guy Fawkes

    I think with a lot of these contempt of cop charges the police know they won’t stick. But they also know they get to stuff you into a holding cell, finger print you and force you to come back to court, sometimes more than once, making you lose days from work. They know that even if they get sued no personal punishment will be meted out to either them or their department. The town city foots the bill, and the pigs budget doesn’t take a hit. There is NO downside for them, whereas at the LEAST they have inconvenienced you, and if you wind up getting some copsucker judge you could wind up in jail over bogus charges.

    This site will NEVER run out of post material as long as the current system of unaccountability for police bad behavior remains in place.

  • Patrick Henry,The2nd

    Exactly. The system is set up to protect and indeed foster this behavior. Until the legislatures and courts change the system, this behavior will continue.

  • Won Word

    So what would be a good way of meting out pain to these corrupt and incompetent cops?

  • Off the radar
  • James

    Comic Sans? Really? That site is horribly coded. I am reminded of so many angelfire sites from the late90’s.

    Look I appreciate what you are doing, but hire a web designer and delete comic sans from your computer.

  • timpundit

    Who the fuck cares what font is used. I appreciate the information.

  • http://www.alcantaramedia.com/ Michael I. Alcantara

    Is it worth it though? To have to go through all that process. I mean what’s the return on spending that much time…

  • Phloem

    Yeah it’s withought a doubt worth it. Andrew may not get much out of this, but the point is to hopefully enact change in conduct of future policemen who think they are allowed liberties in how they treat people. Just because you have a gun and a badge doesn’t make you the law, nor does it give you the right to try and intimidate people, no matter how annoying they are.

  • Andrew Ogiba

    I was not looking for a fight. I was not rude, angry or inflammatory. I thought I could still freely criticize the police, but I guess things like this happen when you show them you won’t lie down.
    Phloem is right, there are much larger issues that this arrest needs to address.

  • Elliott Whitlow

    Sure it was worth it, the paycheck at the end will help.. Clear false arrest that not even the officer could reasonably believe would have any chance of sticking..

  • Jeffrey Marcus Gray

    Andrew you did a great job! Calm,cool,and polite!

  • Tim

    How did the army take it? When they asked for ID did you give them you CaC?

  • john

    that cop is just another typical enforcer of the usa police state

  • Catherine

    BTW on your facebook you has a picture of a speedometer well in excess of any GA speed limit.. obviously visible to the public aka prosecutors. Doesn’t matter if its yours or not.

  • Jeffrey Marcus Gray

    Joe thanks for the numbers. I’m going to call tomorrow. I might even record the call and post it on YT

  • IO_IO

    It all comes down to Defamation of Character. In the military – ROTC, you are probably wanting to be an officer, and will probably need a security clearance. Form SF-56 will need to be filled out. This arrest record will haunt you, and cause you harm. The best way to correct it is to pursue it and get a not guilty verdict or appeal the conviction to an Appeals Court and get the guilty verdict set aside (see Carlos). Also, check your parent’s Home Owners Insurance Policy for Defamation of Character. The insurance company may defend you – Farmer’s Insurance paid OJ’s defense on this item. I heard this from my Insurance Agent (Farmer’s).

  • johnny5

    yes you were looking for a fight, he gave you 3 chances to leave and you kept pushing the issues, running your mouth for no fucking reason. It gained you nothing but getting arrested.

  • Andrew Ogiba

    I already have a security clearance. Right now Im just waiting for my lawyer to call me back then Ill see how to best precede from there

  • Andrew Ogiba

    Post here as to what they say!

  • ds

    Why the fuck did you just leave? you provoke them even further. he gave you 3 chances to drive away and you’re stubborn ass just had to keep pushing the issue. There definately is issues with cops pushing their power, but there are also dickwads like you that provoke them and push their buttons and complain when you get arrested or a response from them.
    I hope you get charged

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    This was a straight up, contempt of cop arrest.

    I don’t have a problem with the officer not getting into a debate over the initial citation by answering questions on decibels, etc. I wouldn’t have discussed those either, simply not to get into an argument.

    Regardless, after the officer said that he was free to go, that should have been the end of the stop, unless the parking lot was posted no trespass, members only, or something of the sort. Instead, it appeared that he was just upset that his instructions were not followed immediately.

    Contempt of cop arrests are bad for society as a whole, and if allowed to pass without consequence, leads to even more abusive police behavior.

  • Elliott Whitlow

    Did you actually watch the video or you just running your mouth?

    Free to go means free to sit there, the video is straight up power play by the cop, he had already relinqueshed control of the driver, if the cop was delayed in any way it was by his choice.

  • http://www.facebook.com/evan.disick Evan Disick

    The guy’s doing his damn job. I don’t like getting messed with either but these guys are constantly getting tested by idiots trying to fight a ticket. Take some responsibility for your actions. You try being a patrol or traffic cop for a few years and see how you feel about smartasses like yourself, Andrew. Life isn’t perfect. Law isn’t perfect. You got a stinkin’ ticket. Deal with it and let this guy move on. Maybe he can stop a REAL crime out there if you don’t waste his day bitching about your constitutional rights to “rock out” and park in a public spot to narrate some stupid “gotcha'” video.

  • http://www.facebook.com/david.katscher.1 David Katscher

    Most likely not, otherwise they woiuld have cut him a break. BUT he is not Active Duty.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I spent 20 years on the street, and dealt with all types of people. I’ve seen good cops and bad cops, and have seen good cops do stupid, unprofessional things because they are human. None of that matters–officers are supposed to be professional at all times.

    Up to the point that the officer came back and made the arrest, he performed professionally. But he got his dander up because of the kid’s attitude, and made a contempt of cop arrest.

    It doesn’t matter what a smartass Andrew was, or what his attitude was. The contact was over, and by reengaging, the officer acted unprofessionally. The arrest was not part of “his damn job” as you put it. It was, pure and simple, a contempt of cop arrest.

  • Jake

    Your post makes good sense. Jerks who pollute the environment with annoyingly loud music are also bad for society.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I don’t disagree. Extra-loud music disturbs the public peace, and citizens have a right to peace and quiet. By the same token, there need to be venues for those that like loud music.

    But once the ticket was issued, the officer should have left, and not escalated the situation.

  • Andrew Ogiba

    I agree with you too Jake. Loud music is a problem, however the statute here in Georgia (like some other states) makes no use of “loud”, “raucous”, or “disturbing”. Among the many flaky things about it, sound just has to be “plainly audible”.

    Think about the unamplified sound made from a Harley Davidson motorcycle. In most cases it produces much greater sound levels then powerful car audio systems, yet is not illegal under the statute.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Loud pipes on a Harley are typically for safety reasons, since cagers don’t see or hear us otherwise.

  • Fred

    You got exactly. What you deserved

  • Fotaugrafee

    I’m all for photographing or videoing these cops, but anyone who falls on some shitty argument that the ACLU protects “loud music” needs to have their eardrums blown out of their head…with a shovel.

  • Fotaugrafee

    A “lawful order”, as most of us know, can’t be some made-up mandate. A lawful order to depart the property isn’t really lawful unless A) someone from the church ordered Mr. Ogiba to depart, especially is the church consented that his presence to be there was OK. So far as Officer Wyatt is aware, Mr. Ogiba has all the permission in the world to be there. Ordering him AWAY from the very spot they pulled him over is sheer horseshit.

    So trespass is out of a question, IMO, and the “obstruction” charge is pure BS fabricated as a scare tactic. A “lawful order” doesn’t mean you have to comply, unless the officer has reason that your presence (on the church parking lot / property) is unlawful.

    This cop is a stooge.

  • Andrew Ogiba

    The Florida Supreme Court unanimously struck down their state law banning emitting sound that is “plainly audible” at 25 feet or more from vehicles.
    The court ruled “we find that the statute is an unreasonable restriction on First Amendment rights” and “the statute is unconstitutionally overbroad because it restricts the freedom of expression in a manner more intrusive than necessary”

    You can read the courts opinion here:
    No. SC11-1166
    http://www.floridasupremecourt.org/d…/sc11-1166.pdf

    Looks like Georgia is next ;)

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I wouldn’t count on that.

    The Florida Supreme Court based a large part of their decision on the fact that some types of free speech was prohibited, while political sound trucks were exempted. That’s a restriction based on content, and protects one type of speech more than other types of speech.

    First, there would have to be a case that is in the appellate process for it to matter in Georgia.

    In addition, noise statutes have passed muster in most states.

    The court didn’t say that any noise ordinance would be unconstitutional, just the one that was before it.

  • Andrew Ogiba

    The Georgia statute has the same exemption for audio that is for political or business purposes. There also is a free speech clause of the Georgia Constitution. Georgia Constitution – Article 1, section 1, paragraph 5 “No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty.”

    The ACLU wants to use this citation as the constitutional challenge

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I would go with whatever the attorneys are advising you to do (other than plead out).

  • Don Carter

    As a veteran who swore to uphold and defend the Constitution, I find your interpretation to be reprehensible. BUT. You are exercising your 1stA rights in expressing it, which you seem to think another exercising his is unacceptable. I understand the authority worship, having seen it in countries with despotic police state-styles of authoritarianism. Similar to Stockholm Syndrome, and the attitude of a slave rather than a free man.

  • Catherine

    *have

  • Andrew Ogiba

    Lol. So if someone has a picture of a dead body on their facebook they must have killed the person? Your also forgetting about the fact of it may have been at a track, the car on blocks, or even an editted speedometer.

  • http://www.theretaildetail.us/ Amy Barnes

    I myself am planning to sue a GA police department for violations of my own rights. Congrats on finding a lawyer. Sue, sue, sue, and suck as much $$ out of the muni insurance company as you entitled for the loss. F the police.

  • lazrus1

    I am hoping we can convince the FBI to start arresting police for civil rights violations. I think a couple of those would alter LEO behavior. Additionally if the civil lawsuit awards continue to escalate in costs that will stop the behavior. The more civilians establish a pattern of civil rights violations by the police the higher the awards should go. At some point the local civilian governments will tell the cops to stop or be fired.

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