Home / Washington Deputy Arrests Man for Recording, Seizing Memory Card as “Evidence”

Washington Deputy Arrests Man for Recording, Seizing Memory Card as “Evidence”

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Scott Shimek covering a protest last year in Seattle.

A King County deputy arrested a man for video recording in public, confiscating his memory card as “evidence,” obviously not having learned a lesson from the termination of another King County deputy earlier this year for threatening a photographer.

Deputy Hall, whose first name is not known at this time, arrested Scott Shimek Sunday night on a charge of obstruction, even though Shimek was following orders to leave the area.

In fact, Hall only arrested Shimek when he lifted his camera over his shoulder to record the deputy along with several Burien police officers who were following him as he was walking away.

“As soon as I flipped my camera over my left shoulder, the deputy pulled out his taser and said, ‘you’re going to get tased,’” Shimek said in a phone interview with Photography is Not a Crime.

“He ran up to me and kicked me in the back of the knees and handcuffed me after I fell down.”

Shimek ended up spending 19 hours in jail, never even getting the chance of telling his girlfriend he was being arrested, who was waiting for him at home cooking dinner.

It all started when Shimek was at home with his girlfriend and noticed a bunch of cops in his neighborhood. He stepped out of his apartment with his camera to begin documenting, realizing they were looking for somebody. Several other people in the neighborhood also stepped outside to watch.

But the cops were unable to find their man, so they left the area, only to return three hours later, prompting Shimek to step outside again with his camera.

He spotted several officers converging around a bush, so he stepped closer, making sure not to get too close, remaining behind a sheriff’s patrol car in what he considered a makeshift perimeter, even though nothing was clearly marked.

But when they spotted him, they told him to “get the fuck out of here.”

So he started walking away and they started following him, some officers with their dogs, most likely frustrated that they couldn’t find their initial suspect.

“As I was walking, I realized I should be recording this, so I flipped my camera around and that was when I was arrested,” he said.

After he was in handcuffs, Shimek asked Hall, “is it your policy to arrest citizens who committed no crime and have broken no laws?”

To which Hall responded, “yes, yes it is and you should know that by now.”

And he’s right. And it’s not just that department. It’s all departments. And we should all know that by now.

After getting out of jail, Shimek visited the King County Sheriff’s Office to get his memory card, considering they had no legal right to seize it in the first place because the camera was not being used in the commission of a crime, such as child pornography or upskirting.

But he was told he would have to go through Hall, which he did not want to do, considering the deputy has no regards for the law or the Constitution.

So he was advised to call Major Wills, who is one of Hall’s supervisors. Shimek left  the major a message, explaining the situation, but has yet to hear back.

Wills can be reached at (206) 477-2259.

 

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.
  • Andre Maunsell

    He was upskirting the pride and inflated egos of the pigs in blue he found out they are empty suits.

  • Kaemaril

    It’ll be very interesting to see what, if anything, is on that memory card …

    • Rogue Reflections

      I am very curious as well.

    • http://www.joeszilagyi.com/ Joe Szilagyi

      If there’s still anything on it.

  • Jim Holmes

    Misuse of police power to commit armed robbery? After all, the officer was armed.

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

      It’s not armed robbery.

      • Difdi

        Actually it is. There is no law enforcement exemption to the robbery statute in Washington, except inasmuch as they can lawfully seize property in the line of duty. But in order for the seizure to be lawful it must follow certain procedures, which cops who use the ‘evidence’ excuse to seize memory cards rarely follow.

        If the seizure was not lawful, then it’s robbery. If the perpetrator was armed with a firearm (or other dangerous weapon) while committing the robbery, it’s armed robbery.

        The officer made an arrest because he didn’t like an exercise of constitutional rights — this is both official misconduct on the state level (gross misdemeanor IIRC), as well as a felony on the federal level since the color of law violation was accompanied by a threat to use a TASER, which is a dangerous weapon.

        When the arrest itself is a felony crime, it follows that the seizure of property incidental to the arrest is also unlawful. It doesn’t look much like an ‘honest mistake of law’ or ‘good faith belief’ when it appears that the arresting officer kept the seized property rather than registering it into the evidence storage area. You frequently insist that the unlawful taking of property while armed with a firearm is not armed robbery, but you’re simply wrong in (at least) this case.

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

          Sorry, that’s not a correct reading of Washington law.

          “Robbery also includes the non-statutory element of specific intent to steal, which our Supreme Court has held is the equivalent to specific intent to deprive the victim of his or her property permanently.”

          State v. Ralph, 175 Wash. App. 814, 824-25, 308 P.3d 729, 734 (Wash. Ct. App. 2013) review denied, 179 Wash. 2d 1017, 318 P.3d 280 (2014).

          Please notice the dates. That is about as current as you can get.

          • me

            I would think that any lawyer or law student worth their salt, would grab on to the thread that the police are referring the guy to the individual officer. One would think that if it were “real” evidence, that it would hit the evidence locker by the end of the shift. Is it there or not? If not, the chain of possession is certainly dented if not broken. So the officers get to keep personal trophies? Evidence is evidence. If its not treated like evidence then what is it? If its in the officer’s shirt pocket or desk drawer, is that considered “official” evidence?

            So, let’s get real here. Either its real honest to goodness evidence by now or it’s not. Nothing in between. If its not, then what is it, and how was it acquired? Strong armed “acquisition”, is not freely given. Stolen, would most certainly appear to be a reasonable description. Armed robbery would be another. The guy does not have his own property. “Robbery also includes the non-statutory element of specific intent to
            steal, which our Supreme Court has held is the equivalent to specific
            intent to deprive the victim of his or her property permanently.” So, the officer is just keeping the card temporally for the actual owner’s safe keeping? How long is this temporary duration to last? Oh, yea the officer was just holding on to it for a year so so, until he could remember from whom it was “borrowed”.

            What police union are you looking to go to work for after you finish. It appears that you are getting an early start. If it walks like a duck, quacks like a duck – chances are, its a duck.

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

            Good points, except for the fact that every time an officer seizes property, a good number of regulars start claiming that it was armed robbery.

            It wasn’t and it is not.

            If you have facts to show that it was not entered into property, you may have a point. However all you have is supposition, not facts.

            On your last point, I am not interested in employment law.

          • me

            The lack of exigent circumstances certainly could be argued – so exactly why was the memory card seized as “evidence”? I have not heard that from your position? That is the main point to all of this! Obviously it was not for the card as its physical self, but rather for its “logical” contents. Has a search warrant been requested? If not, then why the original seizure? What crime did the memory card or better yet its contents hold? How does the card’s contents connect to the original arrest charges? They do not, as is the usual case. YOU need to think out of the box, how you can apply your legal training, to go beyond the obvious. That is what separates a “real” lawyer from a mere student.

            Oh, there was no intent – game over, citizen gets screwed. That is your current mindset. YOU need to wrap your mind around this, in order to tease out the various threads to allow YOU to destroy the mundane argument and be able to hang the cop out to dry. There were no exigent circumstances, thus no basis or need for any evidence. Does the logical contents survive the evidence seizure? This crap from the police needs to stop. If you intend to be a lawyer of any stature, other than the run-of-the mill ambulance chaser, YOU need to develop these other abilities, other than just the look up the case law. YOU will be getting paid to go beyond, way beyond that and apply the case law to the shards of the presented facts to show the wrong doing on the part of the establishment.

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

            You don’t need exigent circumstances. The holder of the property was arrested.

          • Difdi

            So if an officer were to arrest the clerk of a jewelry store, he could help himself to the merchandise? If he had a vague intent to someday return it, it wouldn’t be robbery right?

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

            No, but if there is no way to secure the store and the property, the officer and the department would be responsible for it. That could lead to the property being impounded for safekeeping.

          • Difdi

            In which case it would be locked in a secure locker. When the owner (not charged with a crime) requested its return, it would be taken from that locker — it would not be in the possession of the arresting officer such that it would require his cooperation to return.

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

            Is it in the possession of the arresting officer? I’ve seen nothing to indicate that, merely that the arresting officer would have to be contacted for the property’s release.

            If I booked something into evidence that I did not want released, I would put a hold on it. To release the evidence, the property room would have to get my hold released, which would mean the party seeking release would have to either contact me or my superior.

            In other words, pretty much like it sounds in this case.

          • Difdi

            Why would the arresting officer need to agree to the release of the property when there is no investigation or charges against the property’s owner? How exactly could a hold be placed on property that does not relate to any investigation or prosecution? How exactly could the officer’s superiors be unable to release such a hold when the law requires that the held property be returned?

            The only reason I can think of would be if the memory card is in the possession of the officer, rather than properly locked up as incidentally-seized property or evidence.

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

            How do you know there is not an investigation?

          • GreenTriumph1

            If there is an investigation, how long would it typically take? I only ask because if they took my cellphone memory card it would be an issue.

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

            Impossible to say. What’s the investigation for? Photography? Financials? Taxes? Other?

            There are ways to petition a court to get the property back, I’m just not familiar with the procedures there.

          • Difdi

            For an investigation to be made, there would need to be a crime committed, at least in theory. I suppose one could be started without such a crime, but as soon as it started it would end — it’s not illegal to photograph police in the course of their duties in public, therefore the camera and memory card were not used in a crime, therefore the investigation ends almost as soon as it starts.

            Property seized incidentally to an arrest is released when the arrestee is. Holding onto it for longer periods is not lawful.

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

            What’s the Washington wiretapping statute say?

          • Difdi

            By statute, you need the consent of all parties to a conversation that has an expectation of privacy — for example, a telephone conversation or a meeting in a private room. Simply stating when all parties can hear it that you’re recording counts as consent if they continue talking after that.

            As for case law, a visible device that is obviously a recorder satisfies the notification requirement, and police have no expectation of privacy on duty in a public place.

          • jcfromnj

            ECLS has an amazing capacity for making you check just for the hell of it that Black is indeed White in any given cop scenario…a wonder to behold.
            I guess you can never fully divest yourself from that “cop thingy” that follows you around like a lost dog

          • jcfromnj

            All this is very clear to me : false arrest, assault and battery. You could go down a laundry list of claims, but this is the basics for me anyway…

          • Guest

            So we’ll wait and see. If the card disappears, permanent. If files are erased, permanent. Either way, meets definition,

          • inquisitor

            So if I steal something and then return it in a week, it is not robbery?

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

            If you phrase it like that, you’ve confessed to robbery. Words have meaning.

            Had you phrased it correctly, hypothetically, and there was no intent to “steal” (meaning to unlawfully permanently deprive the owner of their property), then yes, it could be returned without it being robbery. That doesn’t mean other crimes or torts weren’t committed, just not robbery.

          • Difdi

            Yes, words have meaning. But he just described what police often do when seizing cameras because they dislike being photographed. “I’ll just arrest you so I can take your camera and then you can’t take pictures for a few weeks.”

            That’s the intent of the officer in many cases, even if he doesn’t actually say it. The intent is obvious to any unbiased observer, since it’s well known that such photography isn’t illegal, it’s well-settled law (for longer than many of these officers have been alive) and claiming ignorance of the law does not excuse violating it.

            Unlawfully taking property without the owner’s consent is theft, whether you have a badge or not. In Washington, theft of property from a person’s hands or on their person is robbery. That is the definition written into the RCW.

            If what inquisitor said is a robbery confession, despite the lack of intent to permanently deprive someone of their property, then it is also a robbery when a police officer unlawfully confiscates property or makes an arrest for an action that is not a crime so he can seize the property — the intent and actions are the same!

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

            Steal includes the intent to deprive permanently.

            You’ve still not shown that on the officer’s part. In Washington, as noted above, the intent to deprive permanently is an element of robbery. That’s case law.

          • Difdi

            Robbery is the act of removing property from its owner’s person or in the owner’s immediate presence unlawfully by force. Washington state law hinges on the violent act and unlawfulness of the seizure, not the intent to deprive behind it.

        • ENTWAFFNUNGDERGESTAPO!

          i’ll vote to hang the pissant if i’m on the jury or part of the mob, regardless

      • Jim Jones

        Assault and battery under color of authority and theft.

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

          Nope.

          • putaro

            You know that if it isn’t it should be.

          • Difdi

            So basically police can do whatever they like, and their victims can live with it or die with it?

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

            What, you don’t like that concept?

            BTW, that is not close to anything I have said.

          • Difdi

            On the contrary, it’s a rephrasing of what you have said. You have repeatedly insisted that police are not committing robbery when they unlawfully seize property from people. You insist that not intending to permanently deprive the owner of the property makes it not be robbery.

            But the problem is, if anyone other than a police officer unlawfully seized property with the same intent and in the same manner, they WOULD be convicted of robbery.

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

            Incorrect.

          • Difdi

            Lie.

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

            There are hundreds of cases not involving police that say the same thing, no intent to permanently deprive, no robbery. For example, Ralph, infra, is a case involving a non-officer. Using the WL search of “intent to steal” and “robbery” provided a list of 162 cases in Washington, none involving officers, all involving everyday citizens, some of whom are criminals.

          • Difdi

            So you’re saying that the rule of law concept that all are equal before the law is dead and justice is impossible within the system if you don’t have a badge?

            Good to know.

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

            Nope, that is not what I said, that is what you are saying.

          • Difdi

            Actually that IS what you have said. It’s only what I am saying in that I am paraphrasing you.

          • Sman88

            Shut the FUCK UP!!!

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

            That ain’t going to happen.

          • Alice

            ExCop-LawStudent is nothing more than an S-hole pos

      • King Felix

        you aren’t a cop.

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

          Correct. That’s why the user name is “ExCop.”

      • dcbeall

        Yes it is.

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

          Apples and oranges.

          • Difdi

            Apples and apples. Perhaps comparing Fuji to Braeburn, but still apples to apples.

            The only real difference is that in that particular case the prosecutor was not corrupt.

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

            Nope.

  • Falutin Free

    I believe he goes by Rogue Reflections on YouTube. He usually open carries when he is filming. I wonder if he was.

    • John Smith

      If it is Rogue Reflections, he is good people. If he was open carrying then it only means he was engaging in multiple lawful activities when arrested.

      • Falutin Free

        Yeah I like his videos. I have a feeling his memory card is going to be missing a few files. If it is I hope he can recover them.

        • Rogue Reflections

          We will see. The video of my arrest is where the abuse took place…and it would show that I was, in fact, walking in the direction of travel I came in.

      • Rogue Reflections

        Thank You

        • Freedom1Man

          We still have not met up for coffee.

          ARRGGG

    • Alex

      I doubt he was since he was just outside his home.

    • Rogue Reflections

      Falutin-Free: I honestly, with ever fiber of my being, believe that If i was open carrying this day, I would have been shot dead. That is how out of control this guy was. As it was, I thought I was going to get my head caved in (Like the guy in Belltown.)

      • Falutin Free

        Best of luck to you sir!

      • inquisitor

        Glad you are still breathing to tell the tale.
        I have no doubts about your assessment of the situation.

      • ENTWAFFNUNGDERGESTAPO!

        probably a wise choice. He who lives by the gun dies by the gun.

        sadly, a bit of a catch-22. The most compelling reason to carry a weapon these days is for defense against badged criminals, but unless you have a large enough posse and get the drop, you’ll likely end up a bullet-ridden corpse. along with all the children, dogs, and pregnant women in range.

  • FedUp

    Does the evidence room need the arresting deputy’s permission to release the ‘evidence’, or did the deputy seize it as ‘evidence’ and then keep it in his personal possession?

    If I were Scott, I’d want to request the chain of custody papers on that memory card, either for legal defense purposes or under Freedom of Information laws.

    • Rogue Reflections

      I want to see how long they keep it. I have already replaced it. I just realized my camera is broke though. It must have been damaged when he tried to throw it, but it was tethered to my wrist. At any rate, it won’t close right.

    • Difdi

      Obviously the deputy seized the evidence of his own crime to prevent it from being used to threaten his employment as a deputy. A constitutional rights violation under color of law accompanied by a threat of a dangerous weapon (TASERs qualify) is a felony.

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  • me

    Writ of Mandamus with the Court. – The officer was an agent of the Sheriff’s office. He does not need to deal with the individual officer. The Sheriff’s office needs to control their officers. File a stolen property report with the State Patrol’s office, or better yet with the State Attorney General’s office. The AG’s office needs to control the out of control individual law enforcement organizations within their state.

    • Rogue Reflections

      I told them I would not be dealing with that guy, to get my property. I wanted his supervisor or someone else. I mean…the last time I talked with him he attacked and jailed me.

    • Difdi

      In Washington state, any property taken unlawfully from its owner’s person or while armed with a firearm is robbery, which is a felony.

  • http://www.lifenews.com/category/national/ Agent76

    This is just an ‘FYI’ for everybody!

    July 28, 2013 6 Corporations Control 90% Of The Media In America

    Why are so many incredibly important news stories completely ignored by the mainstream media in the United States? Why do they seem to want to avoid many “controversial questions” as if they were the plague? Why does the media tend to label those that are willing to ask the hard questions and seek the truth as “conspiracy theorists”? Sadly, the truth is that the mainstream media in America does not do much real journalism anymore. At this point, approximately 90 percent of what you see on television is controlled by just 6 giant media corporations. That is why “the news” seems to be so similar no matter what channel you watch.

    http://csglobe.com/6-corporations-control-90-of-the-media-in-america/

    • Rogue Reflections

      This is why what Carlos does is so vital for free people.

      • http://www.lifenews.com/category/national/ Agent76

        I also use this site with other patriots nation wide as well. Thanks’ for your time and comment R.R..

        Jul 30, 2014 FreedomWorks University “Civil Liberties & You”

        With a rash of political scandals involving IRS targeting, NSA spying, and the continued abuse of regulatory authority, it is more important than ever that Americans understand what their rights are and what they can do to protect themselves and their freedoms.

        https://www.youtube.com/watch?v=vLNKYbNQBc0

    • Guest

      This is why what Carlos does is so vital for freedom.

    • inquisitor

      Read this article the other day.
      This is why they want to now change and dominate the internet.

      As much as I dislike Alex Jones and believe him to be a tool, he did have a good report on independent media and a speech by Drudge…

      https://www.youtube.com/watch?v=vCPNUKQ05mo

      • thegeek

        On this you and I agree.

  • Christopher Shepard

    Incident number 14-196647

    • Rogue Reflections

      That’s the one.

  • inquisitor

    They are a mafia.

    • ray

      Strange, how taxpayers appear to have no concern with the lawsuits against out of control camera-shy cops and their municipalities. Maybe citizen photojournalists are threatening the very existence of the cops “above the law” culture? I’m putting new batteries in my camera as I write this. I’m a retired firefighter over 60 but my kids will not inherit this immoral mess.

  • Rogue cops cost us money

    Hello, lawsuit, relax, hire a lawyer you just hit the lottery. These idiots walk around and don’t think about what they are doing the stupid fucks. Witnesses?? If they destroy the evidence?

  • http://oculardock.blogspot.com Randolph Pembroke Stoughton II

    if he didn’t issue a receipt for any property seized, the deputy, in effect, stole your property

    • Rogue Reflections

      Agreed. We will see what the lawyer says.

  • Rail Car Fan

    It was stated in the article…

    After he was in handcuffs, Shimek asked Hall, “is it your policy to arrest citizens who committed no crime and have broken no laws?”

    To which Hall responded, “yes, yes it is and you should know that by now.”

    The “Badge Bully” sure slit his own throat with the above statement.

    Rail Car Fan

    • Difdi

      Time for the RICO Act, perhaps? If the Sheriff backs up his deputy’s behavior, that right there would be enough to start an investigation.

    • Falutin Free

      Hopefully that is recorded on the deputy’s dash cam microphone.

      • Rogue Reflections

        Time will tell. I will be having my lawyer subpoena everything from that night.

    • ENTWAFFNUNGDERGESTAPO!

      if only we did see some actual throat-slitting of these nazi worms, self-inflicted or otherwise.

      afnmfh

  • Guest

    “After he was in handcuffs, Shimek asked Hall, “is it your policy to arrest citizens who committed no crime and have broken no laws?”To which Hall responded, “yes, yes it is and you should know that by now.””

    Traitor.

  • ENTWAFFNUNGDERGESTAPO!

    phone or camera with exploding battery ignited remotely by the kill switch? Is this device’s creation a matter of when? or if?

    In fact, I’d be surprised if some gestapo-hive hasn’t already started distributing this. How convenient if a phone or camera (really anything) could be presumed to be a bomb.

    Further down the rabbit-hole, I’ll make another prediction worthy of Alex Jones. When/if an IED phone bomb is detonated in the US, we’ll know its the government’s fault. Why? Because the victims will be citizens, not state-goons. Are we really headed towards 3rd world nation status where anyone with a badge/uniform/gun deserves to be targeted? Are some parts already there?

  • King Felix

    Bambuser. If you copwatch and don’t use it then you are an idiot.

    • Rogue Reflections

      I agree. I have Bambuser, but my cell phone has crummy video and it is useless at night. I grabbed the only camera available to me at the time. I DEFINITELY agree though…live stream is the only way, when you have the misfortune of meeting law enforcement who serve and protect their own ego before anything else.

      • MongoLikesCandy

        You would at least have had the audio. The bit about arresting innocent people wouldve been golden. Ah well, hindsight.

        • Rogue Reflections

          I will certainly adapt to this now. I will make better and multiple safeguards. If this deputy says, under oath, that he never stated such a thing, people are not safe in King County. This deputy knows exactly what he said..and knows I heard it.

  • inquisitor
    • ENTWAFFNUNGDERGESTAPO!

      this rat ran straight to the nurnberg defense, and now has his job back. can there be any more explicit proof that one is a nazi? and How completely has the judicial system been subverted by the criminal police state?

      afnmfh

  • Dan R.

    I believe that under Riley v California, which was ruled on
    June 25, 2014 by the Supreme Court, it is now illegal to seize a cell phone or any digital media contained on a cell phone without a warrant. I know in the specific case it was in regards to seizing a cell phone but it may apply here. Also look at the case in Omaha, four cops were fired, one was charged with a misdemeanor, and one with a felony for stealing a media card from a cell phone, again it was a cell and not a camera but it is definitely a legal precedence. Look up James Kinsella and Aron Von Behern.

    Sorry if this is old news everyone, I’m new to the PINAC.

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

      That is not correct, on either Riley or the Omaha case.

      • John H. Long

        Care to elaborate, ex-cop? Hard to see how Riley wouldn’t apply here.

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

          Sure.

          Riley v. California, 134 S.Ct. 2473 (2014), did not state that the cellphone could not be seized, on the contrary, it stated explicitly that it could be seized and the outer physical portion of the phone searched incident to the arrest of the subject. Riley, 134 S.Ct. at 2485. The digital data contained within cannot harm anyone, and a warrant is required to search for it. Id. It was very clear that this case revolved around the incident to arrest warrant exception and that other exceptions may allow for a search without a warrant. The court stated “Moreover, even though the search incident to arrest exception does not apply to cell phones, other case-specific exceptions may still justify a warrantless search of a particular phone.” Id., at 2494.

          As to the Omaha matter, there has not been an appellate court opinion on the issues, therefore it is not a “legal precedence.” Even if it were an appellate court opinion, it would not be binding on Washington since it would be from a court outside of Washington.

  • KimJHeiss

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    • inquisitor

      $97 an hour for sucking dicks???!!!!
      You go girl!!!

      • Mike TheVet

        I would love to find these spammers IP address’.

  • squintaroony

    Was this exchange recorded either by Shimek’s camera or police lapel or dash cam?:

    “Shimek asked Hall, ‘is it your policy to arrest citizens who committed no crime and have broken no laws?’

    To which Hall responded, ‘yes, yes it is and you should know that by now.’

    Was it iverheard by any other witness? Or is it just Shimek’s testimony? I think it sounds plausible, but I’d really like to hear it.

    • Rogue Reflections

      I would love to know if it was recorded on my device as well. Unfortunately, The King County Sheriff’s department is not returning my call. In the neighborhood I was in, I am not sure ANY witnesses against the police/sheriff would ever come forward. After my dealing with King County Sheriff and Deputy Hall, I can’t say I blame them.

      • squintaroony

        If you are charged with a crime related to the incident, both your video and any dash or lapel cam video should be part of your discovery. Can your defense attorney get it via a motion for discovery?

        • Rogue Reflections

          Well..I don’t have an attorney because I don’t have a court date, nor was I ever given any paperwork of any charges. I had to find out about the charges myself, by visiting the department.

      • squintaroony

        If you are being charged with a crime, like “obstruction,” you have a right to examine the evidence against you. Could your defense attorney file a motuon for discovery demanding access to your memory stick and any other recordongs from that. Night?

  • Boko Hos

    Sounds like deputy Hall’s personal address and information needs to be posted online.

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

      If you do, Carlos will delete the post.

      • Boko Hos

        I wouldn’t post it here. I’m not aligned with his philosophy on how to deal with these matters.

  • jcfromnj

    folks, the technology and hardware is out there to bullet proof video recording, all of this is just unnecessary wear and tear…

    • Boko Hos

      Absolutely. The time is getting closer to where this sort of activity will no longer be possible.

    • Rogue Reflections

      I grabbed the only camera that was available to me, at the time. I had to get out there quick, or miss the video op. Looks like it does not matter now, anyway. LOL

      • Boko Hos

        It matters. It isn’t your fault these scumbags are given free reign to pull this shit.

        • Rogue Reflections

          They love the “my word against a citizen’s word” aspect of their job. It is perfect for their cause. If a citizen gets clear footage of abuse, they will just seize it. I still have not heard back yet about formal charges or getting my card back.

  • G

    Funny how the cops seem to forget about trying to apprehend the criminals and then go after the people who are filming them while letting the criminals get a chance to either kill the cops or escape from the cops. There was a simliar thread a month ago, where the California cops were questioning a suspect(s) and then the suspects escape because the cops decide to go after the citizens who were filming them. Cops these days got their priorities all screw up.
    As for Ex-Cop turn law student, he is following an unwritten procedure (which is also an article of faith) that all lawyers do: If you don’t have the facts on your side, argue the law, if you don’t have the law on your side, argue the facts, if you don’t have the facts and the law on your side, just argue.

    • Boko Hos

      LOL. ECLS does like to tell everyone how stupid they are..as if anyone on here thinks the law is a solution to these problems. The lawyers, courts and cops created this mess in the first place and that’s two strikes against him already.

    • Rogue Reflections

      I thought that too. I was quietly filming and never would have said anything to them, had they not done what they did.

  • G

    Of course, guys and gals like ex-cop don’t like it when ordinary citizens argue with them whether the law and facts are on the citizens’ side or not and they hate it when those citizens just argue with them.

  • squintaroony

    I showed this article to a friend who responded with this criticism:

    “How do we know Hall said this? Was it recorded? Hall’s testimony? Shimek’s?

    Miller needs to make that clear since he was not there himself. He states it as fact when it sounds more like a claim made by an aggrieved party.”

    I agree with my friend that Carlos should have clarified that he was quoting Shimek wrt the deputy’s statement, and should take care to clarify such information in future posts. But I think the statement Hall allegedly made sounds exactly like the sort of thing an outraged cop would blurt out, and it is hysterical. I really hope we get to bear audio of Hall soon.

    • Rogue Reflections

      If I had not had my video seized, you would have your proof. Unfortunately, it is still in custody of the Sheriff. I have established credibility, through my videos, of telling the story as it happened. The only thing I can say is, at the moment, it truly is a “he said/he said” issue, since my memory card has been taken from me.

      • Mike TheVet

        Shimek! Saw that video of you and that patron who didn’t like the fact that you were open carrying in front of the Port of Tacoma.

        Had I known you were going to do that, I would have loved to have joined just as an observer (with a camera)

        Let me know if you do another open carry event, Sir. I’ll be there as long as it’s on a weekend.

        • Rogue Reflections

          I pretty much open carry wherever legal. I make a few personal exceptions, but it is just what I do. I barely get any negativity from it. The negativity I get stems from having a camera.

          • Mike TheVet

            Good man. I hope you get your video back if you haven’t already.

      • squintaroony

        Any luck regaining the memory card? Have they filed any actual charges yet? I wasn’t questioning your credibility.

  • Konrad Von Hochstaden

    Forget dealing with them. Time to file a lawsuit and get information through the discovery process.

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