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YourAdministrator, eh?
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Watch this video and let me know who is in the wrong - the arrested CBS news camera man or the police officer?


I believe that this happened only a couple days ago
 

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Due to everyone being in coats and hats and folage, it looks like late fall. And i think the LEO's response was over the top.
 

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This is a tough one to call, because the film is edited to only show us the officer's response; note that they only reference how the situation began and ended? There is no mention of what happened in the middle, what caused the offer to react in that manner.

There are lots of factors that could have led to an officer reacting in that way. From the positioning of the people in the group, it appeared that the officer was being surrounded; in this case, depending upon how many officers are on the scene and what is going on, it could be reasonable to detain people that are inciting the crowd. If the officer gave good and legal commands and the photographer failed to obey, that is against the law. If the officer feared for his safety, he is allowed to detain the people that are an immediate threat. The reporter acts shocked that he threatens to "arrest her", when all he said was, "If you don't do what I say, I'll put you in cuffs, too." Being handcuffed is not the same as being arrested; this is a mistake that the media often makes. Again, if she was not complying with his orders, he does have the right to do that.

It is impossible to "monday morning quarterback" something like this, as we do not have all the facts. The councilwoman only makes things worse, because, acting as a typical politician, she is only trying to look like the hero to her constituents, not bothering to find out what happened.

I feel like this would not have been as big a story if another station had covered it; it was clearly sensationalized because it happened to one of their own.

I'd have to stand with the officer until the entire film was released.
 

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It is impossible to "monday morning quarterback" something like this, as we do not have all the facts.
I agree, but it would be extraordinarily rare for a news camera crew on public property to be in violation of anything. As journalists, they tend to know the ropes. The fact that the LEO said, "I can do anything I want." is more than a little damning.

"Being handcuffed is not the same as being arrested; this is a mistake that the media often makes. Again, if she was not complying with his orders, he does have the right to do that."

Being "arrested" is the same as being handcuffed by definition: "To stop the motion or course of..." (Webster) The LEO stopped the film crew from filming a protest on public property which, except for extremely unusual circumstances he does NOT have the right to do. That pesky 1st Amendment again. He does not have the right to handcuff the press or anyone for disobeying an unlawful order.

But, bottom line is, you are right. A minute or two of edited video could hide or misrepresent a whole lot of extenuating circumstances, but for the life of me, I can't imagine a likely scenario that favors this officer.
 

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[/B]

Being "arrested" is the same as being handcuffed by definition: "To stop the motion or course of..." (Webster) The LEO stopped the film crew from filming a protest on public property which, except for extremely unusual circumstances he does NOT have the right to do. That pesky 1st Amendment again. He does not have the right to handcuff the press or anyone for disobeying an unlawful order.
If you look at the dictionary definition, I would assume that the definition you cited was used in the sense of, "To arrest movement", as opposed to the legal concept of arrest. I can assure you that placing handcuffs on a person does not equate with being placed under arrest. The person would be detained, but not arrested.

I agree that it does not look good for the officer; that was a stupid thing to say. Even if he was completely in the right, saying something like that undermines his authority.
 

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Arrested as in being prevented from performing a Constitutionally protected activity.
 

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Arrested as in being prevented from performing a Constitutionally protected activity.
Well, then, no, from a legal standing, that is not considered "under arrest". Regardless of whether the suspect's conduct was Constitutional, they can be detained for a number of reasons. As I said, one can be detained without being arrested, for a reasonable period of time.
 

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Considering the camera man and reporter were on a public sidewalk, and given that the liberals and ACLU fight for the right for people to say and do just about anything, there isn't much that cameraman could have done to violate any law or to justify being cuffed, choke-held, and put in a cruiser.

The few witnesses that spoke on the video did seem to think the cameraman was treated unfairly, and they were there to see it.

Even the councilwoman who finally got the officer to release the cameraman seemed inclinded to believe that the cameraman hadn't done anything outside of his rights.

Maybe the officer had a bad day, and maybe the officer (and others of his department) were irritated about this whole gathering because it basically said the cops weren't doing their job and were at least partly at fault for the high number of kids who have been killed in Newark. Maybe he took it personally and got out of control.

And the media can be a PITA sometimes, so I'm not saying "Cops are bad, media are good". The majority of cops are very dedicated to a career that puts their lives on the line and is among the most thankless of careers.

Bottom line is...I think the cameraman was treated wrongly.
 
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