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LAPD Unlawfully Detains Photographer

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posted on Jun, 26 2010 @ 04:32 PM
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Actually this shows you how much you know. The cops from the LASD and the santamonica PD will be laughing their butts off. you see they hate (can't stand) the LAPD. go ahead and ask any Los Angeles deputy, highway patrol man, or PD from any other city in LA county. it's friggen true. they will be laughing because the whole thing is yet again all about and over some LAPD guy. you know what the general perception is about the LAPD by every other LA county LEO agency is? iut's that the LAPD are complete f ups. they are badly trained. badly recruited and selected, often rejected from other LEO agencies, unproffessional screw ups. Every other agency hates it when LAPD shows up to their scene cause they usually screw everything up.

Now don't get me wrong there are exceptions to every rule and some LAPD are actually competent. but by andlarge even other LEO agencies in LA county think they are hacks.




posted on Jun, 26 2010 @ 05:33 PM
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Originally posted by richierich
reply to post by GovtFlu
 


Obstructing and delaying an officer CANNOt be upheld unless the photographer is PHYSICALLY interfering. A cop CANNOT charge you legally for that just because he CHOOSES to ignore his duties and instead focus on you. Get it?

((snip))


148(a)(1)PC has no requirement of "physical" delay or obstruction: "willfully" is the key word here. As always you would be welcome to contest the charges and let a jury decide if the officers decision to arrest you was valid.

Some 148 pinches are resolved via 849(b)(1)PC, others don't even get filed.

I suggest you contact LASD STAR center, training division, because your insight to 148 is at odds with the LA Sheriffs academy training.

www.shouselaw.com...

Also read this:
Verbal and other non-violent acts: While we typically think of “resisting arrest” as being a physical act, it doesn’t have to be. Verbal or other non-violent acts may also subject you to a Penal Code 148 charge. California courts have held that the following examples were sufficient to sustain a resisting, delaying, or obstructing conviction:
* Falsely identifying yourself during an investigation
* Refusing to disclose your identity during the booking process
* Acknowledging and then ignoring an officer’s order to stop interfering with a separate on-going investigation


"Acknowledging and then ignoring" = "willfully".. its just the way it is.

www.leginfo.ca.gov

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.



posted on Jun, 26 2010 @ 05:35 PM
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First of all, you don't think these posts aren't thoroughly scanned by just about every agency out there, think again, Einstein. Everything your post, every cell call, every text message runs through a government sieve. Everything to know about you is on a government computer somewhere.

Rat him out? My name and the other posters name would have been redacted. My motives were not to divide but with such outlandish statements, they would have drawn a few laughs with the local PD's. They know this talk goes on. They see it every day. The younger the people they are, the more of it they see.

I'm being divisive? This nation is already divided to it core. You're quick to claim I'm the guilty one, but no mention is made by you about the comments I was responding to. He's the one throwing around the BS. I suppose I shouldn't be surprised.

If my statements are considered immature, so be it. I could really care less considering what gets posted here each and every day. If you consider my comments immature, what do you call this:


Cops HATE the Constitution and the 1st amendment, as well as all other protections we have against them, but no law can take away our right to observe and record events in public, and cops who falsely arrest people on these bogus charges should be SUED immediately...the ACLU will help..and soon we will see the cops slink back under whatever slimy rock they crawled out from under.

How DARE some donut munching flatfoot assume that he is so special and so exalted among men that only THEY are allowed to film US!! The nerve...cops have a lot of nerve...but no morals..and that will trip them up every time. The courts will never allow this to go on....and NO ONE can show any law that will stand up in a Federal court....cops are NOT in private when they are on duty, no matter how much they want to fool you.


To me, the mature thing to do when a LEO asks you to step back and stop taking pictures, is to follow his request. To ignore an officers request while acting in the line of duty, well you do so at your own peril.

If you really need to take pictures, I'd suggest an SLR with a 500mm telephoto lens and stand back a couple of hundred feet. At least if they arrest you, you can tell them you couldn't hear what they were saying......


And of course there are the badge kissing cheering squads. You know, when the SHTF no amount of "My son in law the cop" is going to save you from the abuses they will gleefully hand out. (see aftermath of Katrina for visual aids)


Wrong again. Actually, when SHTF, it is my responsibility to pick up his parents and get them out and away from Los Angeles as quickly as possible and meet at an undisclosed rendezvous point before moving on to the final destination. I won't need to be saved from the "donut munching flatfoots". I'll be standing shoulder to shoulder with them.





[edit on 26-6-2010 by Oldnslo]



posted on Jun, 26 2010 @ 05:46 PM
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reply to post by GovtFlu
 


The interference has to be actual...NOT some cops irritation at being filmed. I do not CARE about the LAPD, a notoriously corrupt bunch...what I care about is the FACT that simply filming a cop is NOt illegal, and cops cannot use that statute to stop being filmed.

If you are far enough away to be unable to interfere, then you are fine. The law you quote requires interference to the point of interrupting the cops work, and simply taking pictures cannot be said to do that.

If you scream at a cop so loudly that he cannot hear what he is doing, THAT is interfering. If you are so close to the cop that he cannot move around without bumping into you, THAT is interfering..BUT what you are REALLY saying is that corrupt cops will use any law they can to stop being scrutinized...and of course most cops are lawbreakers and vile hippocrites.

Cops often abuse the REAL INTENT of laws to FALSELY charge someone, but in court it all changes when the judge throws it out.

Willful means that you INTENDED to interfere with the cop..NOT that you could ever do that simply by taking a picture.

One day I will laugh and shout with glee when cops in this nation will be so concerned with staying alive that they will have NO time for people taking pictures...when the SHTF the People will remind the cops who they serve..and any cops that illegally arrest someone will be dealt with, and dealt with severely.

Since cops want to hide their faces with masks...the cowards..and since they want to be able to abuse suspects and demand that no one film them, they can be considered a rouge force and the enemy, and be dealt with in a fashion that insures that we the People will survive.

Cops need to be taken down a notch..not given more rights than the rest of us.

Funny, not one poster has yet posted the supposed laws that give cops more rights than us...can't find what doesn't exist, can you?



posted on Jun, 26 2010 @ 05:48 PM
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Originally posted by BASSPLYR
Actually this shows you how much you know. The cops from the LASD and the santamonica PD will be laughing their butts off. you see they hate (can't stand) the LAPD. go ahead and ask any Los Angeles deputy, highway patrol man, or PD from any other city in LA county. it's friggen true. they will be laughing because the whole thing is yet again all about and over some LAPD guy. you know what the general perception is about the LAPD by every other LA county LEO agency is? iut's that the LAPD are complete f ups. they are badly trained. badly recruited and selected, often rejected from other LEO agencies, unproffessional screw ups. Every other agency hates it when LAPD shows up to their scene cause they usually screw everything up.

Now don't get me wrong there are exceptions to every rule and some LAPD are actually competent. but by andlarge even other LEO agencies in LA county think they are hacks.


This is 100% true, for awhile LAPDs moniker has been "Lame Ass Police Dept", or "LA PeeWee"..

Moral has become so bad the city of LA has had to FORCE officers to sign contracts agreeing to stay at LAPD for 5 years.. cops who leave early get sued for training costs. After completing probation, usually 12-18 months, California issues a POST certificate.. once you have a POST in hand, you can apply to any PD in the state as a "lateral".. LAPD officers were leaving in record numbers after a year or 2 rather than work there.



posted on Jun, 26 2010 @ 06:01 PM
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reply to post by BASSPLYR
 


Considering the family consists of members of LAPD, LASD, and Santa Monica PD, I don't see how that applies. They're all older officers and have always gotten along with each other just fine. It's the younger officers they complain about.



posted on Jun, 26 2010 @ 06:02 PM
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reply to post by richierich
 


I've posted the law a few times and linked to a lawyers website that discusses same.. what you're not getting is how 849(b)(1)PC fits in to the mix as a trick of the trade... If I had 6 months to field train you it would be clear as day.

Cali courts have upheld that "Acknowledging and then ignoring an officer’s order to stop interfering with a separate on-going investigation" is enough for a 148 arrest.. end of story.

At the extreme, had that traffic stop gone 998.. photo guy was in the line of fire and officer Fruitcake-ass had every legal authority to ask, then order, picture guy to move along to a safer location... Acknowledging and then ignoring that officer’s order is willfully delaying... a jury might see it differently, but it's good enough for an arrest stat at your expense.



posted on Jun, 26 2010 @ 06:04 PM
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Yeah. LAPD are a bunch of hacks. have a friend of a friend going to the police acadamy in a few weeks. I asked him if he was joining the LAPD. he said hell no! he`s done his research and said it would be counter productive to him having a career as a LEO to have LAPD on his resume.



posted on Jun, 26 2010 @ 06:15 PM
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Really you have LAPD, LASD and SMPD together in the same room and nobody gives the LAPD guy crap behind his back when he leaves. thats odd.

Not how it usually goes. I agree that the older crowd generaly don`t agree with the sentiment of the younger crowd but these LAPD who claim it`s only the young guys who are incompetant forget that they too were young and that the same allegations being dropped on the `young`LAPD are also the same ones that were being dropped on them too back in the day. the problem with the LAPD is not the young guys in the force it`s the force it`s self. for generations no other LEO from LA county has looked at the LAPD as a peer or even as competant. It`s been an on going problem.

I`ve seen pro LEO`s before. even trained with a few. never seen a LAPD acting like pros. now SMPD is a different story. even magazines not having anything to do with LEO`s agree that SMPD is top notch in many aspects.

Now the LAPD SWAT team is a different story. they are very good at what they do. but what they do would has nothing to do with normal policing and are imho outside the realm of this topic.



posted on Jun, 26 2010 @ 07:16 PM
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Originally posted by zaiger
Originally posted by Oldnslo
I'm working on my son-in- law's pc. He's 20 year veteran with LAPD CRASH & SWAT.

I do not mean to speak ill of anyone's character but you do know that LAPD's CRASH unit was shut down for being (arguably) the most corrupt bunch of cops in the history of California. To this day they are still investigating unsolved rape, murder and robbery crimes linked to them.


Yes. and he was proven innocent of all charges.


Just wanted to make sure you didn't miss the first line.

All three are looking forward to retirement.



posted on Jun, 26 2010 @ 07:21 PM
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reply to post by Oldnslo
 




Just to make sure your opinions are known, my son-in-law said he'd make sure my statement and your response gets posted on the boards at his station with LAPD, the Santa Monica PD, and LA County Sheriff's. I'm sure they will be entertained by your opinions and comments.


Oooo! Ooooo!

Can you please make sure ALL my responses to Cops are posted as well.

Please I'd love to see the ravenous anger in these meter maids faces when they read my normal ATS Cop responses.


I just hope their billboard is big enough.


[edit on 26-6-2010 by Izarith]



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