NYPD Cops Arrest Woman Recording Them, Apparently Stealing Wrong Memory Card

[Incitatus]

New York City police officers arrested a woman who was video recording them from a public sidewalk as they conducted some type of “vehicle safety checkpoint.”

The officers apparently stole a memory card from a camera, which turned out to be the wrong one, allowing us to view the video.

In the Youtube description, under the headline, “You stole the wrong SD card,” Christina Gonzalez said her boyfriend was also arrested.

We were arrested while filming an NYPD checkpoint on a bridge between a soon to be gentrified Bronx and a quickly gentrifying Harlem. We were charged with OGA, DisCon, and resisting arrest. I was holding a bag of yarn in one hand and a canvas in the other. My partner had food in his hands when he was tackled. Even though their violent actions were unjust, we did not resist. Simultaneous with our “arrests”, the checkpoint was closed down.

We were held for 25 hours.

OGA is obstructing government administration, which generally requires the person to physically obstruct police from doing their job.

According to a New York attorney:

Generally, If you impair or obstruct the administration of law or prevent a public servant (often a police officer) from performing his or her official duty and function, then you have committed this crime. However, the other crucial element is that this intentional obstruction be done through intimidation, interference, physical force or an independently unlawful act.

http://photographyisnotacrime.com/2013/05/18/nypd-cops-arrest-woman-recording-them-apparently-steal-wrong-memory-card/

[Rex]

1. I smell a lawsuit!

nt.

[cartach]

18. Sure you do.

At the same time you're smelling a setup.

[KG]

2. yay cops!

[Cirque du So-What]

4. Quick! Somebody post that video

of the cop who stopped pursuit to save baby ducks! Or that cop delivering milk! We must all maintain goodfeel about LEO at all times!

[backscatter712]

6. What? No picture of the cop with the milk jugs? The authoritarians are really backsliding! n/t

[AnotherMcIntosh]

12. Third one from the left.

?6

[KG]

3. also. pretty sure you can upload to Youtube from a smartphone in realtime.

[Quantess]

5. How can you steal the wrong SD card?

How hard can it be to figure out?

[Bay Boy]

7. How many cell phones even have an SD card? n/t

[RC]

8. Some cameras have two SD cards.

[Quantess]

10. Aha, thanks. (no text)

[Smarmie Doofus]

9. Very common here these days.

An acquaintance of mine was wrongfully arrested last week.

When Bloomberg bought a third term in 2009, he bought himself a fascist state.

[AnotherMcIntosh]

11. Maybe we should all carry extra phones that they can confiscate.

[X_Digger]

13. Where's our resident "NYPD and Bloomie can do no wrong!" defender?

That's some fucked up shit right there, folks.

[Logical]

15. I want the Milk Jug photo posted! n-t

[mythology]

14. I suspect she won't be able to successfully sue due to her actions

Even the ACLU in New York say that you aren't allowed to interfere with the police when recording. She elected to continue to follow rather than record from a safe distance. If she had done so, I don't believe she would have been arrested.

If you're going to record the police, do so from a position of absolute legal protection. It doesn't guarantee your safety, but it does better secure your legal position after the fact in the scenario where things do go wrong.

Additionally use one of the apps that automatically uploads the video file. In New York, the ACLU has one that loads the file to the ACLU's servers. It's a lot more reliable than hoping the police don't understand how micro sd cards work.

[Ash_F]

20. The police would have to make a convincing arguement that she was obstructing

Per the article:

"As a rule, when a police officer stops, detains or arrests a person in a public area, persons who happen to be in or are attached to the area are naturally in position to and are allowed to observe the police officer’s actions. This right to observe is, of course, limited by reasons of safety to all concerned and as long as there is no substantive violation of law. The following guidelines should be utilized by police officers whenever the above situation exists:
a. A person remaining in the vicinity of a stop or arrest shall not be subject to arrest for Obstructing Governmental Administration (Penal Law, Section 195.05) unless the officer has probable cause to believe the person or persons are obstructing governmental administration.
b. None of the following constitutes probable cause for arrest or detention of an onlooker unless the safety of officers or other persons is directly endangered or the officer reasonably believes they are endangered or the law is otherwise violated:
(1) Speech alone, even though crude and vulgar
(2) Requesting and making notes of shield numbers or names of officers
(3) Taking photographs, videotapes or tape recordings
(4) Remaining in the vicinity of the stop or arrest."

Taking the SD card could be chalked up to evidence for the OGA charge, but I don't see a convincing argument for arrest, giving those detailed guidelines.

[Cronus Protagonist]

23. I think she crossed the line when she interrupted them verbally

Unfortunately, because I've seen and been the recipient of so much police abuse, I know it exists and would love to see all abuse documented and addressed legally.

However, when she called them verbally and broke their conversation to insert herself into the situation, particularly so aggressively, she became more than just an interested party filming police action and became part of the action. They were then able to use this, albeit flimsy, excuse to use police action on her. They can't do their jobs with someone standing right beside them asking combative questions over and over. She should pay the fine and thank God that she didn't attract even more violent intervention.

And the police could have handled it a lot better. They could have had an officer step aside and deal with her by simply answering a few questions and explaining what they were doing and why. On YouTube, I saw one officer once do that and he also stated his badge number on camera and addressed the person's concerns. It was just what anyone would want from their police force. Calm, reasonable interactions, even on camera, even under stress. It's their job, after all.

In that case, I gave the officer and A+ for his work. In this case, they get a C grade IMHO.

[Ash_F]

24. (1) Speech alone, even though crude and vulgar

The law seems pretty clear.

[Cronus Protagonist]

27. Speech is one thing

Interrupting officers while they are conducting some police action is not just speech, it's interference. She could have narrated whatever she liked.. or said anything she wants, but when she aggressively demanded attention, she got it. She asked for it, in fact. Like I said, I think it could have been handled better, but she interjected herself into their conversation while they were conducting police business and her speech was not pertinent to the operation. Betcha $50 she loses her case. Watching is one thing, recording is another, yelling epithets is another; all legal. Demanding police attention for a YouTube video chat during an official operation, though is certainly interference.

[LuvLoogie]

16. What an annoying narcissist.

I hope she enjoyed her stay.

[A Simple Game]

19. She may have gotten more than she asked for, but she did ask for it. n/t

[backscatter712]

21. I didn't think the authoritarians could resist and sit this one out.

Didn't you know, for anyone who dares stand up against police abuse of power, it's all about them. It's all "ME! ME! ME!"

Why, posting police abuse of power is just being an attention whore.

Informing the public of incidents where cops are stepping out of bounds is just promoting yourself.

At least that's the talking points paraded out by DU's gang of authoritarian trolls when someone films police abuses.

[LuvLoogie]

17. Hee hee.

[MrScorpio]

22. Yay, Cops. They're the best! nt.

[derby378]

25. And some folks apparently want the NYPD to be a model for the rest of America

I know that decent, hard-working cops who respect our rights have their work cut out for them, but still...

[gopiscrap]

26. All God Damn pigs are out of control

even the ones who act normal, have that anger and arrogance just seething under the surface and when it blows, the others who act normal or not like total dick's cover up for the cops that do blow!