Home / Oregon Deputy Arrests Man for Recording after Claiming it is a Crime (Updated)

Oregon Deputy Arrests Man for Recording after Claiming it is a Crime (Updated)

An Oregon deputy claimed it was illegal to record him before arresting a man who had been recording a traffic stop from a considerable distance.

The Klamath County sheriff’s deputy had walked up to the man after having pulled over the man’s girlfriend.

Here is the exchange that took place:

Deputy:  What’s your name?

Citizen: That’s not relevant at all.

Deputy: Is that recording me right now?

Citizen: Yeah.

Deputy: Put your hands behind your back.

Citizen: Um, for what

Deputy: It’s a crime to record me

Citizen: No, it’s not, in Oregon …

Deputy: Turn around now

Citizen: If only one party knows that it is being recorded, then that is all that matters.

It is not clear from the Youtube description what the man was charged with, but I sent him a message and commented on the video in the hopes he will respond.

But it has already been established that citizens have the right to record cops in Oregon because they do not have an expectation of privacy in public, even though they tried to pretend otherwise a few years ago.

From a PINAC piece last year:

Like in most states, Oregon’s wiretapping laws are outdated, not written for today’s technology-driven era when almost every citizen is armed with a digital camera.

However, because the law states that it is legal to record without consent at “public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events,” it has since been interpreted to mean that citizens can record openly where there is no expectation of privacy.

In 2010, after the city of Beaverton dished out a $19,000 settlement to a man who was arrested on wiretapping charges after recording cops arresting his friend, that city’s attorney issued a memo to police explaining that citizens have the right to record cops in public, an excerpt which I posted below.

Screen-shot-2013-12-30-at-12.25.56-PM

A bill introduced last year to further clarify the law went nowhere, indicating that politicians fear taking an active stance against cops, even if it is to ensure accountability.

Call the Klamath County Sheriff’s Office at (541) 883-5130.

UPDATE: From the man’s Youtube channel:

 

No charges no citation no warnings nothing but an illegal search. I told them I do not consent to searches and in turn they turned out my pockets and stuck me in the back of a cop car for 30 minutes

 

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.
  • Police Lie

    the fact that this is still happening in America is unbelievable.

    • Guest

      I don’t think it’s surprising. They’re traitors. Traitors don’t care about the laws, their oath, or your rights.

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

        Ah, the seditionist is still here, still spewing his lies.

        • Boko Hos

          And the apologist, YOU, are right behind him.

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

            No need for you to bow down before me Boko.

          • Boko Hos

            Nope. I am fully aware of what you cops do in the locker rooms with one another. There won’t be any bending or stooping with you around.

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

            Still projecting your wishes and desires I see.

            Of course, that may explain why all the so-called ladies in your icon look like guys in drag…

          • Sman88

            And why I see you in the Gay venues….just a dick smoking cop.

          • Sman88

            I’d rather shoot you asshole!!!!!

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

            Ahh, how sweet. A little retarded Boko.

        • Difdi

          It’s not sedition to expect those in authority to obey the law and constitution.

          Sedition would be those in authority violating the law and constitution.

          Seems to me you’re closer to that today than he is.

        • stk33

          ECLS, from your experience, can you tell – if an average cop sees an opportunity to score an arrest, although he understands that there’s no actual crime, no actual danger to anyone, but the individual clearly displays contempt of cop, and it looks like intimidation, lying, stretching, etc, are likely to work (for example, convince property owner to complain on trespassing and then arrest if the “perpetrator” does not leave in 5 seconds, and 100 similar tricks) – what percentage of average cops would not go for it?

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

            I don’t know of any that would arrest based on your scenario.

    • http://cynicalinny.blogspot.com/ Cynic in New York

      At this point it doesn’t surprise me, there are still plenty of law and order badge licking types in this country and the coproaches know it. Even here at PINAC we at least have a troll or two who kisses the state jackboot despite the evidence to the contrary.

      • Rail Car Fan

        @ “Cynic in New York” who said in part…

        “Even here at PINAC we at least have a troll or two who kisses the state jackboot despite the evidence to the contrary.”

        Amen Brother… Amen!

        Rail Car Fan

  • Kaemaril

    I sense the cop will be claiming ‘Qualified Immunity’ in the inevitable lawsuit. ‘cos despite the fact the DOJ has sent out letters, and courts throughout the land have been handing out compensation like candy, somehow those poor old cops just aren’t getting the message. This might have something to do with the fact they clasp their dainty hands over their ears and exclaim ‘La la la, not listening!’ every time they’re told citizens have a right to record public servants going about their duty in public spaces.

    • Pragmatic Liberaltarian

      There’s no QI for this. It’s an established right in Oregon. There’s no ambiguity about this one that gives rise to a QI argument.

      • Kaemaril

        Oh, they’ll still try it. Of course they will, why wouldn’t they? “Sorry, your Honor, there may have been fifty lawsuits, emails coming down from the bosses every week, and a letter hand-delivered to my client personally by the head of the Department of Justice, but you can’t expect my client to read about all that stuff, he’s a busy guy! He had NO idea the law was so settled on the issue. You can’t expect a law officer to know every obscure law out there … What? Ignorance of the law is no excuse? Oh, come on! It’s worked plenty of times in the past for police officers, why shouldn’t it work here?”

    • get it

      OH, They listen alright, they know about Rodney King, Oscar Grant,Eric Gardner, and now Michael Brown, and all those countless postings on PINAC and YOU TUBE showing cops lying and abusing the law.They also know the camera doesn’t lie but they do, and that saps they’re power over you.

    • Amalasan

      How does the quote go that cops use so much?

      “Ignorance of the law does not protect you from the law”

      • MRAP

        No, It’s “If they don’t comply, then they die” just like they do in FALLUJAH, MISSOURI.

  • ENTWAFFNUNGDERGESTAPO!

    my head just exploded

  • Falutin Free

    That escalated quickly.

    • Beauford T. Justice

      Yeah, what happened was when the guy told him that giving his name was irrelevant, the asshole cop got pissed and decided to ditch his usual snide, intimidating, sarcastic questions routine and go straight for the cuffs this time. I guess he knew he would get nowhere with this one. Maybe he’s one of the brighter idiots.

      • inquisitor

        This is where I feign compliance and turn to let him cuff me, but then continue rotating, grabbing his gun from his holster and then…justice.

        • Shawn

          Yeah, that’s really intelligent.

        • Pragmatic Liberaltarian

          How often has that worked for you?

          • inquisitor

            Twice.

          • Kaemaril

            That’s … quite a claim. Care to back it up with evidence?

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

            All he would need to provide is a photo of him in his wheelchair with his colostomy bag.

          • Pragmatic Liberaltarian

            I’m not counting video games.

        • Jim Holmes

          Right, big talker.
          You won’t do anything that stupid and you know it. Blowing hot air or farts – no one can tell the difference.

        • ben dover

          That is a great move,We all need to use that one

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

            LOL, yeah, try that move.

            I’ll nominate you (posthumously) for that year’s Darwin Award.

          • Boko Hos

            Is your asshole hurting again?

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

            Projecting again, I see.

            I’m sure CVS has something that your boyfriend can use to soothe your pain.

          • Boko Hos

            I was trying to relate to you in a manner in which you were accustomed. I know those locker room sessions you enjoyed for 20 years are “Butt ” a memory.

        • Kaemaril

          If by justice you mean ‘I’ll fire’ … well, hope you enjoy the lifetime in jail (if you’re not shot when arrested) that’ll get you.

        • CT_Yankee

          So you can change instantly from planning how to spend that settlement money with your family to your family planning where to spread your ashes. That is a pretty useful trick for the delusional.

        • Boko Hos

          Why do it that way? Just do it while they’re off duty. It isn’t like any of them are that hard to find.

  • NJHC

    So what does he do now? Whom does he file a civil suit on, and after what process?

    Years ago I had a friend attacked by the NYPD and while they were attacking him an AP photographer just happened to be standing near by- it took ten years, but he walked with 100k from them.

    What does this guy need to do to sue KFalls?

    • jonquimbly

      A patient lawyer willing to work on percentage.

    • steveo

      Actually, it’s not that difficult to do yourself. Find out which Federal District Court handles your region, like in Tampa its the United States District Court Middle District, Tampa Division. Then you write up your complaint. You can google similar complaints like the Glik case, and many others and copy most of the stuff from that. Then, you can get forms from the Court website to file your case as an indigent pro se litigant or even as a low income citizen and they’ll postpone or waive the fees until the settlement. Once you file your case, the Court will instruct the US Marshall to serve the complaint on the local township or Sheriff and then you sit back and wait. Make sure you do a press release to all the local news outlets with copies of the complaint. This is worse for the jurisdiction than the money from the lawsuit. Bad publicity. Especially now that this Ferguson thing has erupted, with no dash cam evidence.

      More than likely, after the leos have answered in writing your complaint, and if the magistrate or judge feels that the complaint has some merit (this one has merit), he’ll recommend attorneys that will work on contingency or court expense and recommend mediation.Once, you’ve done most of the preliminary work and good 1st Amendment lawyer will take your case because he smells 33%.

      This one was in Eugene, Oregon: the videographer could get the paperwork from this complaint and nearly copy and paste a complaint. This guy got $210,000.
      https://www.youtube.com/watch?v=rVyt4e5SNeM

      • NJHC

        Hey!

        Thanks for the great reply to my post. One might think if more people know the process, they might begin to start the lawsuit.

  • Bigguy22

    Low IQ cops

  • fergusonCivilrights

    This article mentions
    no credible or reputable legal organization or lawyer that Scales (or
    other subscribers who might face a similar violation of their rights by
    LEOs) can at least talk to, to find out whether they would be willing to
    represent him in a civil lawsuit against the LEOs and the city.
    The ACLU might be wiling to take a case like this if an experienced private lawyer is wiling to be lead counsel– that’s what happened in the glick case in boston.
    Let the oregon dude know that there is a legal organization named “National
    Police accountability project” whose members might perhaps agree to
    represent him (and other subscribers to this blog in future possible
    altercations with LEOs, if the subscriber is an innocent party). One
    good civil rights lawyer to contact is mr. Layton
    (paul.layton@gmail.com), and another is Mr. brucato
    (ben@benbrucato.com).
    http://www.truth-out.org/news/item/25584-to-terrify-and-occupy-how-the-excessive-militarization-of-the-police-is-turning-cops-into-counterinsurgents

  • ben dover

    this is the way we hang the pigs hang the pigs hang the pigs, this is the way we hang the pigs so early in the morning

  • Guest

    at least he didn’t shoot you

  • rust

    Enforcer pig. And that’s insulting to pigs everywhere. This traitor needs to be taken for a cup of coffee in Las Vegas.

  • jagigen

    The only way to get cops to understand is by dragging them into court. Over and over until the news sticks.

    • n4zhg

      That will take centuries.

    • stk33

      I guess they don’t mind going to court at all. Practically free day, quite likely even some special bonus for the trouble, and zero risk of anything. Then, it actually means new business for their attorney and probably couple more parasites, not to mention the court itself. No, I’m sure they are all for it.

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

        Being sued and going to federal court wasn’t bad. You get put up in a nice hotel, on an expense account, steak for dinner, etc. All paid for by y’all, just like my lawyer was.

  • John H Johnson III

    Oregon’s laws still doesn’t trump the constitution

  • Boko Hos

    Another cop that should have been shot dead.

  • TheGoodPigs

    “Sorry I’m late, I got stopped by the pigs…”
    http://i.imgur.com/jEc2vMq.jpg

  • Difdi

    How can police be effective at enforcing the law if they don’t have the first clue what the law actually says?

    • stk33

      Don’t be naive, they know what the law actually says perfectly well.

  • steveo

    I think Radley Balko said something like the other day, “The sheriff’s and police chiefs constantly bemoan the fact that they don’t have the funds for dash-cams or body cams, but have plenty of money for machine guns, tanks, MRAP’s, body armor, millions of rounds of ammunition, and most important $80,000 dollar Stingrays oh, and also enough overtime to double the income of most of the leos.” This is right out of Shakespeare “Methinks, thou protest too much.”

  • James Michael

    Called aggravated assault and battery and kidnapping under the color of law and both are felonies….and ignorance of the law is no excuse….

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

      Oh good, one of my favorite sovereign whackjobs is back, and wrong as usual.

      • James Michael

        Sovereign…. lmao you are the only whackjob …You are too stupid to see “your job” is a felony extortion racket…..That’s ok cause more and more Americans are seeing it…You time is coming ignoramus…. ;) If you arrest someone without any authority whatsoever ….you lose all cloak an immunity of the state and become just another felon …You might actually try American Jurisprudence 2nd for that one moron… instead of the other mountains of crap the fraud and extortionists called liaryers have created…. You can’t sell your crap to me… and over the government I created you are DAMNED right I’m sovereign and over MY LIFE thug…Come try to prove me different if you are willing to die for your treasonous masters….

        Yessa massa, EXCop is a good lill trained monkey, massa hes do whateva yas says mass….ExCop is a good boy, he does exactly what massa says….lmao the most pathetic people on the planet, are the brainwashed cutlist slaves like you…. Have a nioce day there slave…. lmao

      • James Michael

        You were an armed robbing, psychopath with a badge and gun and are now becoming a fraudulent, extortionist….. I harm no one and I’m a whackjob?… You need serious mental help, you good little brainwashed Toby…… Yessa massa Is bes a good boys massa …You trains me to be a good monkey ….You are Soooo stupid, you cannot see your own delusions…. Better hope you never meet me whackjob lol Where the hell do you ignorant moronic turds come from, are they allowing North Koreans seditionists in the country now?…..

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

          Here’s your sign.

  • rpsiii

    quick update…about 10 days after this incident, deputy weber, who I believe is the deputy in the video, was shot in the face and side during a traffic stop….