Wednesday, June 27, 2012

From Reason: Texas Man Faces 10 Years in Prison for Recording Cops

Scary but true:

An Iraq War veteran faces ten years in prison after snapping photos of police making an arrest.

Antonio Buehler was pumping gas last New Year’s Eve when he caught sight of two Austin, TX cops “manhandling a woman” during a DUI investigation. Buehler, a resident of Austin, pulled out his cell phone and began taking pictures of the arrest. This is where the trouble began.

According to a Pixiq.com article by Carlos Miller, a veteran cops and cameras journalist, police then stormed over to Buehler and accused him of interfering with the investigation. When Buehler stood his ground, the cops argued that the Texan was “getting in [their] faces”. In the police report, Officer Pat Oborski claims Buehler proceeded to “spit in [his] face”. This, of course, gave officers the right to put Buehler under arrest for harassment of a public servant—a third degree felony charge.

What Officer Oborski didn’t realize, however, is that other cameras were rolling during the altercation with Buehler. And video shot by a witness standing across the street show a different scene than what was painted in the police reports
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The right to record has been a subject of major debate recently. For 2301s might want to note this:

The Civil Rights Division of the Justice Department took an important stand last week, declaring that citizens have a First Amendment right to videotape the actions of police officers in public places and that seizure or destruction of such recordings violates constitutional rights.
We recently discussed this agency in our lecture on civil rights.