Home / Louisiana Cops Arrest Man for Video Recording Them in Public (Updated II)

Louisiana Cops Arrest Man for Video Recording Them in Public (Updated II)

 

Police in Louisiana continued to reveal that gangster cop attitude that has become so visible in this country thanks to the advent of online videos.

It was only a few years ago that we were forced to take the word of police on the facts that lead up to an arrest.

Now we’re seeing a systemic thug-like attitude within the police ranks throughout almost every law enforcement agency in the country because more and more citizens are asserting their right to record in public.The latest case comes from Louisiana, as we can see in a Live Leak video that was posted 14 hours ago at this time although it is not clear when it was recorded nor when.

It shows that a man sitting in his own car at least 50 feet away from police officers during a traffic stop get arrested because he did nothing but video record.

The video is long but worth a watch because the citizen is very knowledgeable of his rights but he gets arrested anyway in a disturbing abuse of power.

There is a long lag until 8:15 after the initial encounter with police when police return to harass and eventually arrest him.

The man tells police he had a run-in with cops on Christmas Eve in which his rights were violated. He said he has video evidence of his innocence and will show it in court.

He said ever since that incident, he’s been pulling over and video recording traffic stops as a third-party witness, which we know police can’t stand.

It starts off with an officer with a flashlight walking up towards him accusing him of interfering with the investigation, threatening to confiscate his phone as “evidence.”

Then they tried to nab him for refusing to provide identification, even though he wasn’t driving nor was he doing anything that gave the cop a reasonable suspicion that he had committed a crime. He had also stated his full name which was Alexander John with what sounds like a Cajun surname that I don’t know how to spell based on his pronunciation (I’m sure someone will clarify this part).

But he ended up handing over the identification “under duress.”

They also threatened him with loitering.

Finally they just came out and demanded to know why he was recording, claiming that it unsettled them because he may know the suspect, asking him if he felt if he was a “self-appointed witness” to whatever investigation they were conducting.

When he said he was simply an activist, they arrested him, even going through the farce of reading him his rights.

UPDATE: PINAC correspondent Jeff Gray aka HONORYOUROATH determined the arresting deputy was Daniel Randall Broussard of the Lafayette Parish Sheriff’s Office. Watch the video below to see and hear his phone conversation with the sheriff’s office.

Other PINAC readers determined the videographer’s name to be Alexander John Leger Lege.

Louisiana blogger Joshua Delano, who runs Bayou Perspective, called the sheriff’s office and determined that Leger was arrested on Thursday and released on Friday.

He was charged with interfering with a law enforcement investigation, which states the following in Louisiana:

A.  Interfering with a law enforcement investigation is the intentional interference or obstruction of a law enforcement officer conducting investigative work at the scene of a crime or the scene of an accident by refusing to move or leave the immediate scene of the crime or the accident when ordered to do so by the law enforcement officer when the offender has reasonable grounds to believe the officer is acting in the performance of his official duties.
B.  For the purposes of this Section, “law enforcement officer” means any commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, constable, wildlife enforcement agent, state park warden, livestock brand inspector, forestry officer, or probation and parole officer.
C.  Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Acts 2010, No. 349, §1.

The main question here is what is the definition of an “immediate scene” of a crime or accident. Lege was standing at least 50 feet away and was not yelling at the deputies when they approached him.

It is obvious they only arrested him because he was video recording them otherwise they would have arrested his wife or girlfriend who was also sitting in the car observing the investigation.

Mickey Osterreicher, general counsel for the National Press Photographers Association, stated the following in a text message Sunday afternoon as he was participating in a workshop where he was teaching photo students in New York City about copyright, social media and access:

Interference or obstruction of governmental administration in most jurisdictions needs to be physical. Being a “reasonable” distance away while observing and recording would not satisfy the elements of that crime.

Osterreicher followed the above text with an email stating the following:

I think 50′ away would be outside of the “immediate scene of the crime or the accident” but that would be up to the prosecutor or later the  judge or the jury to decide

But these are the very kind of “discretionary” charges the US DOJ cautions officers against using when faced with someone photographing or recording absent physical interference.

Now check out Gray’s video.

 

UPDATE II: The man’s name is Alexander John Lege, not Leger. Thanks to Busted in Acadiana for the correction and photo.

Call the Lafayette Parish Sheriff’s Office at (337) 232-9211.

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.
  • resonent frequency

    You must SUE THEM IN COURT EVERY TIME SUE SUE SUE..they will only understand money..

    • Difdi

      They may only understand money, but 99% of the time the money you get from suing them is not their money…so they learn nothing.

      • Frank Ney

        This will end the day Federal Marshals go to roll call and perp-walk these “officers” out of the police station and into a Federal Magistrate’s chambers for charges and bail.

        • $910553

          Ain’t gonna happen unless they go after a Preferred Species.

      • James M Morriss

        Government and businesses have no money that they don’t get from their costumers. That’s why I want to pull my hair out (what little there is) when I hear people say raise taxes on or fine businesses, or sue the ‘government’ your suing yourself and ME.

        • Difdi

          Exactly. That’s why I favor criminal law solutions over civil law — the victim doesn’t get paid, but the criminal gets hit hard. Maybe the police would learn something if existing criminal statutes were enforced rather than ignored?

    • Jeffrey Marcus Gray

      At the start of the video the officer stated his name as Daniel Brusard and gave a phone number for a supervisor 232-9221.

      • Shayla Blu

        Cool, now he can get arrests for all the harassing phone calls he’ll get.

        • Jeffrey Marcus Gray

          http://www.lafayettesheriff.com/site350.php

          Registering a Complaint

          A
          system for handling and investigating all complaints and allegations is
          essential to establishing and maintaining the confidence of the
          citizens of Lafayette Parish. The system is designed to protect the
          integrity of the agency and protect the public from inappropriate
          behavior by Lafayette Parish Sheriff’s employees.

          It is the
          policy of the Lafayette Parish Sheriffs’ Office to conduct fair and
          impartial investigations of all complaints. This office is committed to
          assuring the highest integrity and standards of professionalism and
          employee behavior. Internal Affairs is responsible for the thorough,
          expeditious, and impartial investigation of all complaints or cases
          involving the integrity of the Lafayette Parish Sheriff’s Office.

          All complaints against the Office and its employees will be documented and investigated. This includes anonymous complaints.

          Every
          effort shall be made to facilitate the convenient, courteous, and
          prompt processing of citizen complaints. All Sheriff’s Office employees
          are charged with the responsibility of courteously receiving all
          complaints that may be lodged against the Office or any employee,
          regardless of nature. Complaints registered in person may be made at the
          Sheriff’s Office at 316 West Main Street or by calling (337) 232-9211
          any time.

          When filing a complaint, it is important that the
          reporter remembers the name of the deputy or employee (if known), the
          date and time of the incident, the names of any available witnesses, and
          the details or circumstances of the incident.

          If the complaint
          is made in person, an Allegation of Employee Misconduct Form may need
          to be completed. This is especially important when the complaint
          involves allegations of serious misconduct. A written record of the
          complaint will be made if received by mail or telephone. In both cases,
          a copy of the Complaint Receipt Form will be issued to the reporter.

          Following
          the assignment of the control number, Internal Affairs will send a
          letter notifying the reporter of the receipt of the complaint, the
          investigative contact person, and the anticipated date of completion.

          Whenever
          practical, supervisors take corrective action to resolve complaints
          which result from misunderstanding, or need no investigation to resolve.
          In this instance, the results and findings will be forwarded to
          Internal Affairs. If a supervisor does not satisfactorily resolve such a
          complaint, it will be forwarded to Internal Affairs for investigation.

          Completed Investigations

          Investigations
          are generally completed within thirty days of receiving a complaint
          but may take up to sixty days. The employee’s chain of command,
          division head, and the Director of Human Resources review completed
          investigations of serious misconduct.

          In cases where misconduct
          occurred, disciplinary action will follow. Depending on the findings and
          the seriousness of the misconduct, the range of possible discipline
          includes counseling, remedial training, written reprimand, suspension
          without pay, demotion in rank and pay, or termination of employment.

          Complainants are notified in writing and an investigation follows.

          Contact Internal Affairs

          The Internal Affairs Office
          220 West Willow Street Building D
          Lafayette, LA 70501

          Lieutenant Todd Credeur (337) 236-5496

          Sergeant David Menard (337) 236-5669

          Sergeant Kevern Stoute (337) 236-5676

          Email Internal Affairs

          You may also submit your complaint electronically via the form below.
          We
          are requesting the following information which will be beneficial in
          conducting a thorough and prompt investigation in reference to your
          complaint. Please note as much information as you can in the form below.
          Be advised that anonymous complaints will also be accepted and
          investigated.

          Reporting Person:

          Date of Birth (MM-DD-YYYY):

          Address:

          Home Phone Number:

          Work Phone Number:

          Date Reported (MM-DD-YYYY):

          Date/Time of Occurrence:

          Location of Occurrence :

          Name of Deputy Involved :

          Patrol Car Number or License Plate Number :

          Case Number (If a report was filed):

          Specific Allegation in Brief:

          Witness’ Name :

          Witness’ Address:

          Witness’ Phone Number:

          Include details of the allegatio

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

          So you would ban the People’s right to petition the government for a redress of their grievances too? Is there any part of the Constitution that you support?

  • Robert Blackiston

    Took the words right out of my mouth……”thug”

  • Jeffrey Marcus Gray

    LAWSUIT!!!!!! Sue them!!!!! The citizen was far enough away from the traffic stop that they could not hear each other so the cop had to walk over 50 feet to accuse the citizen of interfering! This is an outrage!
    The citizen was cool,calm,polite and knowledgeable of the law. The cops were childish,thugish,bullies,and were completely ignorant of the law! I hope we can find out more info on this so we can do an email/call flood!

  • steveo

    If you ever saw the movie “Catch me if you Can”. The movie is about Frank Abegnale who was an amazingly great paper hanger who impersonated an airline pilot, doctor, lawyer and some other professions, mainly to write bad checks. Guess where he actually passed the Bar: Louisiana and he didn’t go to college or law school. So much for law in Louisiana.

  • http://www.facebook.com/profile.php?id=1273050163 Paul Leason

    Talked to the sargent on duty, Sgt berudian about a minute ago. He said it was completely legal for filming of their officers and if it were him on duty at that time he would NOT have arrested the man for what he had done. He had heard of the video.

  • Jeffrey Marcus Gray

    http://www.ldaa.org/main/roster.php?page=15th
    Lafayette Parish District Attorney

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

    Parish president: Joey Durel, president@lafayettela.gov

  • Ron

    Easy case to win.

  • hazy

    If I was cop watching i’d rather invest in a pair of spy glasses and record conspicuously than to deal with this crap. These cops are too dumb to reason with.

  • milwaukeeprogressiveexaminer

    Wait, the thug cop said it was his choice to provide an I.D. or name/birth and then it wasn’t his choice? If he is going to play Billy Law then get the law right, fascist.

  • Proud GrandPa

    Carlos wrote:Now we’re seeing a systemic thug-like attitude within the police ranks throughout almost every law enforcement agency in the country…
    I hope our honorable friends in the legal profession do not misread this as I first did. I am sure Carlos Miller is saying that most LEOs are honorable and obey the law, that most really do care about those they serve, and that they tolerate his photography regardless of how they feel about it.
    I had misread his quote to mean that all or almost all in law enforcement were corrupt. This is not so. I am sure that the vast majority of LEOs are basically honest and sincere. Am also sure they would like to help us weed out bad cops too.
    Let us not alienate our good friends. We need them, and they need our continued support.

    • Tijuana Joe

      “I am sure that the vast majority of LEOs are basically honest and sincere.”

      Maybe they’re honest and sincere but they are part of a money-driven
      racket that has turned the small-gov’t Land of the Free into a self-serving mega-gov’t with
      the highest incarceration rate in the world. So fuck em.

    • ProudGrandPa

      Thank you, TJ,
      Let me offer this in reply. It is impossible to have a law enforcement system without fines as motivation. What are the alternatives to fines for minor infractions like speeding or parking? Surely we would not wish for corporeal punishment? Or confiscation of automobiles? What do you suggest that honest and sincere lawmakers enact?

    • stk33

      If your hope was true, then those few bad officers would be quickly and efficiently punished, so not only “our honorable friends” would “help us weed out bad cops” (is it really us who have to do it? how?), but they would do it themselves. Needless to say, this is exactly the opposite of what happens in reality. And it’s exactly from this reaction of the system on the corruption, we can say pretty confidently that indeed “all or almost all in law enforcement were corrupt.”. More accurately, their whole system is corrupt, with their union that defends them no matter what crime they did, with their appeals, when every attempt of punishing them is practically guaranteed to be overturned, and 100 other things.

      Yet another way to find out whether the majority of them is honorable, is to spend some time on their own professional forums, like officer.org. Read their own words and their reactions, such as, when there’s post about police shooting yet another unarmed civilian, there’s a swarm of comments starting with “good shot”. Don’t believe me, go and read yourself.

      But even if you were right, still, the consequences of encountering the bad one are so devastating for one’s life, the risk is so high, that for your own protection, whenever you encounter a police officer, you will be much better off treating him as corrupt one.

  • Lacey

    How did the officer know there was no one else video recording this lol he would have to search the lot n restaurant across the street etc

  • juan santana

    THANK GUY RULES WE NEED MORE PEOPLE LIKE HIM

  • Guest

    Don’t talk to police. Don’t ask for a supervisor.

    Demand to leave. If not allowed, remain silent.

    This shouldn’t be complicated.

  • Rusty Gunn

    It seems that on an almost daily basis there is yet one more report of police misuse of power so egregious that my respect for law enforcement is steadily ebbing away in spite of the fact that about 90% of contacts with law enforcement have been positive.

  • Ernie Menard

    It sure would be nice if there were information posted about where in Louisiana this incident took place.

  • Tony Loro

    He said Eunice LA.

  • Jeffrey Marcus Gray

    Deputy Randall Broussard, Lafayette Parish Sheriff’s Department 337-232-9211

  • Nico

    It didn’t happen in Eunice. It happened on Ambassador Caffery Parkway in Lafayette, Louisiana. The activist mentioned that he had had previous trouble with the Eunice police and that’s how he got into activism and cop watching.

  • bobholderman

    DO NOT TALK TO THE POLICE!
    Just need to tell yourself that over and over until you get it right. They got him to admit loitering on tape and now they have PC and a reason to arrest him. They play dirty and the only way to win is to not play the game. I know its petty and childish, but so are the police.
    http://www.youtube.com/watch?v=6wXkI4t7nuc

  • Elmer Fud

    14:325http://www.lawserver.com/law/state/louisiana/la-laws/louisiana_revised_statutes_14-325

    Stupid SOB don’t even know his own laws.

  • rick

    They really take the “you can beat the rap, but you can’t beat the ride” thing a little too seriously.

  • Difdi

    He admitted to what now?

    Louisiana state laws only mention loitering in two places. One is in the vagrancy statute and the other has to do with drug trafficking. Stopping to take a picture with a camera doesn’t fit either definition.

    For the drug trafficking loitering charge to stick, he’d need to be caught attempting to buy or sell drugs.

    In order to be a case of vagrancy loitering the accused would need to be there habitually loafing, or would have to be there once for no lawful purpose. Exercising first amendment rights is a lawful purpose.

    Just admitting to being present not doing anything but exercising a constitutional right or doing “nothing” is not loitering in Louisiana.

  • Terri M Robbins

    I love that video. I tell everyone I know to watch it and to not ever talk t to the cops.

  • Luc

    What was he arrested for?

  • steve618

    For some reason people still feel compelled to open their yaps to police, despite knowing that it can and will be used against them. Even after watching a great video like this, I’d bet most people will still screw up and talk. It’s human nature to want to explain your own side of things.

  • the sage

    The cops are always at the ready with a small bag or vial of crack to plant on you to make anything stick.

  • bobholderman

    They will try and stick anything on you if they can, they obviously thought loitering was a stretch since they didn’t charge him with it. The point is, if you say nothing, you can’t admit to anything. So in the long run its best to not say anything.

  • Bawk Bawkbagawk

    maybe he could be less of a douche to his girlfriend/wife.

  • LBrothers

    Ka-ching!!

  • Kevin Craig

    I believe that last name would be Leger, but I don’t find a listing for him.

  • Terri M Robbins

    Cop block supposedly has an app that makes your screen look like the phone is off, but the video is actually being uploaded online as it happens.

  • Paul

    The guy was giving orders to help her out calm down.

  • steveo

    actually, he should have given the recording device to her and have her step out of the car on the passenger side to record the rest of the police encounter. Then, if they grabbed the camera from her and arrested her, it would be evident to everyone in the universe that these leos are arresting people for recording cops in public. Plus, that would be two great lawsuits.

  • Frank Ney

    Which goes right down the shitter when your mandatory piss test in jail comes back clean.

  • Jeffrey Marcus Gray

    Actually the number is 337-232-9211 and it is the number to the Lafayette Parish Sheriff’s Department. They do have a Randall Broussard employed as a LEO.

  • steveo

    As long as you give them your name that’s enough. I’m still baffled after 6 years of reading pinac everyday, why is a bystander with a recording device different than a bystander that is just watching? These leos didn’t say that he was parked illegally or trespassing, so he must have been lawfully present. They didn’t tow the car, so it must have been parked legally. Why do leos think that they have control over lawfully present bystanders? This is just a complete mystery to me.

    It is helpful to know your obstruction laws in your state along with the relevant case law citations. Don’t spout law off to the leos, remain silent, tell them your lawyers name and ask them if they want to meet with you and her and you’ll be happy to cooperate. My lawyer just won a false arrest lawsuit last week against the PD that I’m suing, so all the leos here know who she is. After they mumble something about lawyers etc, ask if you are free to leave or am I under arrest?

    Not that it’s any of their business, I think it’s better to tell them that you are doing newsgathering for publication. When they ask you what media outlet you work for and want to see your press “credentials” , then you tell them it’s none of their business and piss off, leave me alone, either take me to jail, so I can tell my story to the judge or beat it. Mr. Leo, if you are in the business of putting journalists in handcuffs, then I’m sure that something the courts want to know.

    Also, when you are copwatching, have some Tshirts made that say, “Re-elect Judge so and so”, whoever is up for re-election next. Then you can tell the leos that you are campaigning for the judge. If he arrests you then, that’ll be the talk of town for days. Leos arrest man for campaigning for Judge. Campaigning laws are even more liberal than freedom of the press. You can go just about anywhere to campaign.

    It’s also helpful that you had the supervisor there, because now the jurisdiction can’t hide behind, “it was just a couple of rogue officers” excuse.

  • Nancy Robinson-Jackson

    you should take your own advice you talk to much, way to much info ! you should have told them when they asked what are you doing that you were minding your own business or that you were watching your tax dollars at work.tell them what a fine job there doing.tell them that your car was getting hot so you were letting it cool down and it should be ok in about 15 minutes thank you, tell them that you started to get stomach cramps and you were waiting till you felt better that way they cant get you for loitering or interfering with them .if you are filming them you will have to assume that they will find you and ask you the basic questions so always be prepared to answer stupid questions with some stupid but logical answers. you could also ask them if they ever saw the TV shows COPS or BAIT CAR or CAMPUS POLICE where there filing police. but you did a pretty good job regardless.good luck

  • Jeffrey Marcus Gray

    Deputy Randall Broussard, Lafayette Parish Sheriff’s Department 337-232-9211.
    http://m.youtube.com/watch?v=fYu1yFdEfmo

  • Tijuana Joe

    “then you tell them it’s none of their business and piss off, leave me
    alone, either take me to jail, so I can tell my story to the judge or
    beat it.”

    This sometimes/often works. Cops can smell fear and when they don’t smell fear they
    will often retreat. However, Adam Pringle tried this in San Diego and it backfired.
    Fortunately he might get a nice settlement.

  • Difdi

    That bystander with a recording device IS different. He is exercising a constitutionally-protected right and interfering with that exercise is a federal crime and often a state crime as well. The bystander who doesn’t have a camera also has constitutional protections, but the lack of camera triggers fewer “thou shalt nots” in the law.

    Telling them truthfully that you are newsgathering generates additional legal protections, though lying to them and claiming you are gathering news when you don’t actually intend to could cause issues, some places have laws against lying to police. Heaven help you if you lie to a federal agent “on loan” to a local police force.

  • RaymondbyEllis

    steveo, I’ll take what you’re saying as applicable only to the state in question. Some states can require name only, others name and address. It is really important that you know the requirements of your state to avoid hurt. Last I checked, mine requires both name and address. I have yet to see a state require ID other than when driving.

  • Shayla Blu

    I hope one day, he’s videoing and a gunfight breaks out and he gets shot right in the camera lens!

  • Jeffrey Marcus Gray

    Lafayette Parish Deputies are thug murderers. In this video they tase an innocent man to death.
    http://m.youtube.com/watch?v=nJ8XRV7DHm4&feature=relmfu

  • Phillip D Breske

    As usual, this guy doesn’t know when to shut up.

    1. When the officer approached his car, he should have rolled up the windows and locked the doors. He wasn’t in violation of any traffic laws, so the officer had no reason to detain him and ask questions.

    2. After getting out of the car, he talks his ass off, including admitting to crimes that the officer then advises him of: “You just admitted to loitering.”

    3. After stating that he will remain silent, he then IMMEDIATELY starts talking again.

    I might excuse these issues of the guy hadn’t told the officers he was an “activist.” As such, he should have gone into this situation with his eyes open and he should have been aware of his rights and his obligations during contact with police. I understand it’s difficult to keep these things in mind when you’re being questioned by law enforcement, but when you purposefully set out to stand up for your rights and the rights of others unknown to you, you really need to try harder to do the right thing.

    Hopefully, he’ll see a big payday from this incident.

  • Carlos_Miller

    Story has been updated with new information.

  • rick

    Should find out if these cops belong to the Fraternal Order of Police. Read comments from FOP’s Jim Pasco and Mark Donahue regarding police recording. Notice this was just a few months ago. Frightening they don’t want police accountability in public!
    http://www.dailytech.com/California+Cops+Arrest+Harass+Man+for+Videotaping+Them+on+the+Job/article29272.htm

  • Free American

    Way to go Lafayette Parish Sheriff’s Department I wonder if the Sheriff is getting his orders from the DHS. If you follow this path of picking and choosing which which of the Constitutional Rights you think We the People have you are NO better than the People pushing the UN’s agenda 21 that would be Our oppressors with gun control. Do you really want to go down that path and have the People rise..Before you say anything about I don’t know what it is to wear a uniform and be in Law Enforcement wrong 18 years total Local PD and SO. It’s the way you act that makes people distrust you.

  • RRR

    “We don’t have badge numbers.”

  • Jeffrey Marcus Gray

    We need to call/email flood these bastards and the DA to demand charges be dropped.Mr.Ledger is a valuable ally in our fight to expose police corruption and protect photographers rights. Most important step for now is to get the charges dropped and keep Mr.Ledger out of jail!

    Deputy Randall Broussard, Lafayette Parish Sheriff’s Department 337-232-9211

  • Greger Samsa

    A small guy, but yet a pretty big hero in my eyes. The US is slowly but steadily turning into a police state where the citizens only have little or no faith in the police. This is certainly due to the huge rift of trust between the police and the public, probably in some way caused by the high number of people being armed. Thus the police never knows exactly what situation he or she is entering into and hence adopts a judge Dredd like position, which is even more counter productive. They should want to have the trust of the public, but they are incapable of gaining it with abuse of powers like this. I can’t believe the sergeant behaved as poorly as the Broussard did. I would have thought, and hoped, that he’d end this stupid mess from the first second by simply stating that the public can film whatever they want, just don’t get in the way of them performing their duties which he obviously was nowhere near doing.

  • Carlos_Miller

    Spoken like a true cop. Thanks for protecting us! lol.

  • steveo

    I’m not sure of the SCOTUS case but there is a precedent for letting law enforcement know that journalists can determine their own level of risk and that the leos can’t determine that for them. In other words, they can’t just move a reporter because the leos think it is “unsafe” for the journalist if the journalist is lawfully present and not violating a proper LE perimeter.

    I know that there is some really great video somewhere, where a photojournalist or two got close to the gunfight that the leos had with the Symbionese Liberation Army in LA (1974) during the Patty Hearst thing. The journalists weren’t shot, but they are allowed to determine their own level of risk. Hey, what photojournalist is going to miss something like that: Here it is: http://www.youtube.com/watch?v=Ofbvgjl6MhA

    From Wikipedia:
    New broadcasting technology (smaller portable cameras and more nimble and versatile mobile units that made it easier to cover unfolding news events) had recently been acquired by area TV stations, so Hearst and the Harrises were able to watch the televised siege live from their hotel room in Anaheim.

    Hey, nearly 40 years later, unfolding news events are just an Iphone away.

  • Difdi

    You hope a good citizen is killed exercising the rights that police swear sacred oaths to defend?

    Sounds like you’re not a very good person.

  • Rob

    Learn to stfu when police are asking you questions John Lege. You told your wife/girlfriend to exercise her 5th amendment right to shut up, and then you started blabbing like a little schoolgirl. DON’T TALK TO POLICE, EVER!

  • steveo

    For obstruction/interfering, you have to read the relevant case law in LA for clarification. But in all the cases that I’ve read, seems like a million, whenever the obstruction statute intersects with the 1st Amendment, the 1st Amendment always wins. In Fl, I can tell you the two or three controlling cases in this instance, but I don’t know about LA. Best thing for your lawyer to do is let the prosecutors know that he/she is going to ask for declaratory and injunctive relief. They’ll drop the case like a hot potato because they don’t want to put the statute in jeopardy like what happened in Illinois. Alvarez fought the ACLU to the end over their unconstitutional eavesdropping law and the final court order was a permanent injunction, meaning that no one in the state can be charged with that law, it’s history.

  • steveo

    It’s worked for me a couple of times here when I was copwatching. I just look at them with a pretty obnoxious frown and tell them “Listen, mate, I don’t want to talk to you.” That’s all it took. But, I already have one suit going against them, so they probably don’t want to get mixed up in another one.

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

    Actually, you have to read a lot of case law. Louisiana is not a common-law jurisdiction, where a single court decision is binding (stare decisis). It is a civil-law jurisdiction (the only one in the U.S.), based on the Napoleonic Code. Judges make their own decisions based on their interpretation of the law, guided (but not bound) by a concept called jurisprudence constante. This concept requires a series of cases, all reaching the same conclusion, but is not binding. More than anything, you have to convince the judge.

  • steveo

    Damn, sounds a bit tyrannical. You could be in court for the rest of your life over something like this. Let’s see: Mr. Lege I need a retainer, in your case about 1000 hrs should do it. 300 grand retainer. Of course, you could pay the 500 dollar fine.

    But the second part of this statute defines obstruction:
    B.(1) The phrase “obstruction of” as used herein shall, in addition to its common meaning, signification, and connotation mean the following:

    (a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

    (b) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.

    (c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

    (d) Congregation with others on a public street and refusal to move on when ordered by the officer.

    He didn’t do any of those things. So he wasn’t obstructing. (d) is a little hinky. what if I’m protesting in front of a women’s health clinic over abortion with the rest of the church members?

  • Difdi

    The problem is, even if you don’t talk at all, a cop claiming you did will usually be given greater weight in court than your denial without a recording proving the cop is testilying.

  • steveo

    an attorney explained to me that in FL, anyway, loitering is a very misunderstood term and really our loitering/prowling statute should actually be called aggravated prowling. Because there really is no such thing as pure loitering. The detained person has to be an imminent threat to persons and/or property. Leos will use this statute to get ID’s from most anyone they want without a RAS because they tell the subject that the state allows them to get ID because of the loitering statute. Not true, the leo has to have a belief and an articulable suspicion that the detainee is an imminent threat. Now if he sees you by the old girlfriend’s house with a gasoline can with a rag stuck in it, then maybe you could be considered to be an imminent threat, but just sitting at the public bus stop for 10 hours isn’t loitering because you aren’t an imminent threat.

  • Alexander Lege

    I can name one … 12/24/12

  • Boomer

    Pasco is a clown. I read the article you’re referencing when it came out, regarding Anthony Graber in Maryland. Pasco makes the idiotic statement that we should not allow police to be recorded because it would never show an officer lied on a police report, and suggests that allowing that would be akin to scrapping DNA testing. I’m not sure what kind of a twisted logic that is, but I know I’d rather not find out.

    Frequenting this blog, for as long as I have, just a couple of years, really, I’ve seen endless examples of police breaking their own agencies’ rules, violating the laws they’re sworn to uphold, and violating the rights of innocent bystanders. Now, I know, that I didn’t read the police report on those encounters, so maybe Pasco was right. I don’t believe that to be true.

    One remarkable encounter, recorded by HonorYourOath, dealt with an officer who claimed HYO was free to leave whenever he wanted to, and yet refused to return his drivers license. I cannot imagine that was in the police report, and yet, it was still harassment no matter how you look at it.

    I’ve seen too many videos with that exact same mentality to ever trust an officer again. That is a tragedy.

  • hazy

    Trying to make a generalization on what police will do will not work. Each cop is different, the ones that approach people and demand that they shut off a camera are already law breakers, logic or reverse psychology may or may not work.

  • Jeffrey Marcus Gray

    I have been trying to call the Lafayette Parish DA’s Office since 8:00 AM and the phone has been steadily busy! Sounds like the call flood is in effect!

  • Grammy

    I used to work as support staff for Sheriffs office in Florida…..it s scary that there are some that get gun and a badge

  • Dave

    Carlos, a quick question. The judicial system is quick to prosecute “civilians” who may not know all laws with the “ignorance of the law is no excuse” line, so, why aren’t cops prosecuted using the same tactics for violating the first amendment, or any other laws for that matter? And if so, why aren’t they held personally and FINANCIALLY responsible?

    “Above the law” is probably their excuse.

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

    What obcordate linked to is the reason, called qualified immunity.

  • Ian Battles

    Tarpon Springs paid Mr. Kilgore $20,000 for this kind of shit.

  • rick

    “…whether a hypothetical reasonable person the defendant’s position would have known that his/her actions violated clearly established law.”
    “…insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

    In other words, after acquittal or dismissal of charges Lege is free to bring suit. Good Luck!

  • the sage

    What the hell are you talking about?
    Possession…is the crime.
    If you have drugs on your person, even though your urine is clean…you still get arrested and go to jail.

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

    Mr. Lege has been busy. He also has had several run-ins with the police in Eunice, which were also video recorded. See excoplawstudent.wordpress.com for more info.

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