The following is my opinion as a member participating in this discussion.
No, guys like this, who push their luck trying to create problems by pushing their rights will most certainly ensure that the states revoke those
rights due to their abuse. A police officer has the right to arrest you for
interfering with his duty
, or if you are giving him
to believe that you are there to do him harm.
interference with public duties:
If a police officer is performing his or her duties and the actor purposefully disrupts an operation, he or she can be charged with interference with
public duties. This can include acts such as striking an officer, giving false information in the middle of an officer’s operation, or simply
physically being in the way with the intent of impending an officer’s duties.
Reasonable suspicion is a legal standard in United States law, that a person has been, is, or is about to be, engaged in criminal activity based on
specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than
probable cause, the legal requirement for arrests and warrants. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable
officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in
criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect
for weapons, but not for contraband like drugs. A combination of particular facts, even if individually innocuous, can form the basis of reasonable
Showing up at a scene involving a police officer, armed with the intent to intimidate that officer, carrying a video camera to create a scene, and
cause that officer to feel in danger, especially when the police officer is ticketing this guys girlfriend, I would say caused that officer reasonable
suspicion, and granted him the ability to perform a Terry Stop
. In most states a Terry Stop allows
the officer to perform a Stop and Frisk
for weapons, and allows the officer to require you present
identification on demand . This guy should have gone to jail, but the officers showed greater restraint then any that I personally know.
Officer Safety is Always Key
As a general rule — consult your agency P&Ps for your own specific guidelines — a civilian may record a police officer’s activity as long as
1.) remain at a reasonable distance, and
2.) don’t interfere with the officers’ duties or create a safety concern for the officer, person detained, or another onlooker
Meanwhile — and again, this is merely a general rule! — based on the totality of the facts surrounding the event, the officer should consider the
arrest of the person for the appropriate section if the person:
1.)refuses to stay at a reasonable distance, or
2.) creates through their actions a reasonable safety concern
This guy did not remain at a reasonable distance, he approached right up to the car, and had to be told to back off. His actions most certainly did
cause a reasonable safety concern for the officer, and as you can see from the majority of the responses in this thread, most reasonable people tend
to agree with the officer in this instance. Most likely, the only reason he got away with it was because the supervisor who showed up realized that 1)
he was trying to provoke a situation to film it in an attempt to get the officers into trouble, and 2) because the supervisor was not aware how
closely this guy originally walked up to the officer on the scene.
He filmed himself on the way to the scene discussing that he was going to try and cause a problem, which shows that he in fact had intent to interfere
with the officer, and he had intent to appear as a threat to the officer. If the officer had arrested him and reviewed his tape, things might have
gone much differently in this instance. So, lets be honest here, this was really nothing more then, let me see if I can provoke a situation that will
allow me to get my girlfriends ticket dropped, and the supervisor felt it was not worth pursuing.
As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.