Suffolk Police Arrest Cameraman for No Legitimate Reason

A cameraman was arrested in Suffolk County last night for videotaping the end of a police chase from public property, a completely legal activity.

http://www.youtube.com/watch?v=oI38MnpAlW4

Phil Datz, a cameraman for Stringer News Service, recorded the end of a Suffolk County Police chase while standing on a public sidewalk. While recording, a SCPD Sargent approached him, threatening him with arrest if he didn’t “go away”.

Legal Tip: Videotaping anyone, even the police, from public property, is perfectly legal, and a constitutionally protected activity. The SCPD Sargent had no legal authority to remove or arrest anyone.

The cameraman attempted to cooperate, by asking the Sargent “Where do you want me to go?”, and moving a block away where other pedestrians were standing. But apparently since the cameraman continued to do his job and videotape the officers, he was singled out for harassment one again by the SCPD Sargent. ”I’ve been doing this for 30 years, and there’s nothing you can hold over my head!” screams the Sargent. Phil Datz was then placed under arrest and charged with obstruction of governmental administration, a class A misdemeanor, punishable by up to one year in jail.

Although the charges against the cameraman are not registered in the court’s system yet, it sounds like he was charged with the following:

§ 195.05 Obstructing governmental administration in the second degree.

A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration. Obstructing governmental administration is a class A misdemeanor.

Naturally, the charges cannot be sustained, and I’m predicting they will eventually be dismissed. Unfortunately, the cameraman will most likely have to pay for a criminal defense attorney to represent him in court (which he can easily recoup by filing a civil lawsuit against the SCPD – similar cases filed in New York County resulted in five-figure settlements).

Although it’s quite troubling that this Sargent openly admits to violating the law for 30 years, and using his shield as a bullying tool, hopefully shedding some light on his behavior through press coverage and a lawsuit will deter this type of bullying behavior by authority figures in the future.

What can I do if the police arrest me for taking pictures in public?

Call a photographers’ rights attorney right away. You only have 90 days to file a Notice of Claim before you waive your right to sue.

Read more at Long Island Lawyer Blog