Man arrested and records event

[wittmeba]

A man records himself being arrested for no reason and remains silent through the event. I think from the info available this cop is in trouble.

This may contain valuable information for all of us.

http://photographyisnotacrime.com/2015/ ... in-silent/

[scott9050]

He was filming the FBI building (legal) and police were called:

http://www.nbc12.com/story/29558526/cau ... own-arrest

[SHMIV]

I am rather interested in how this turns out.

In my opinion, I think that the citizen with the camera, and the police department, could have handled that better.

There was a time when one didn't have to fear talking to the police. And, police didn't feel the need to fear approaching citizens. At least, that's what folks who can remember things that happened before the 60's tell me.

[ Post made via Mobile Device ]

[wittmeba]

^^^ me too.

[MarcSpaz]

I'm with you H... that could have gone much better on both parties behalf.

[MarcSpaz]

I read the Obstruction of Justice code 18.2-460. Its a joke. Section A makes it a catch-all law.

§ 18.2-460
Obstructing justice; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.

It's up to the officer to form an opinion as to if you are obstructing. It is also up to the officer to form an opinion as to if that perceived obstruction is for a "just cause". Since when is it okay to write laws based on people's feelings?

To make things worse, the police could say that they need you to do or say anything and if you don't, you can be arrested. it is basically failure to comply with an judge, LEO, etc. during an investigation.

So, the Constitution says you don't have to say anything, but the code of VA says you will be charged with a jailable offense and could go to jail if you invoke your Constitutional rights.

No conflict there.

[Jeff82]

http://www.ag.virginia.gov/Opinions%20a ... 02-082.pdf

[MarcSpaz]

Great find!