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Excessive Police Force, Holiday Cheer Edition
Thursday, December 10th, 2009Award-winning photojournalist gets arrested in West Virginia for photographing a mall Santa, then attempting to photograph a police officer who harassed him about it. An overly protective parent complained that his kid was included in one of the photos. Given that all of this transpired in a public space, photographing the Santa, the kids, and the cop are all perfectly legal, by the way.
Which is probably why the photographer was charged with battering the arresting officer and resisting arrest, not for taking the photos that caused the confrontation in the first place.
(Hat tip to the Injustice Everywhere Twitter feed.)
Wow. I bet this ends up on FoxNews and CNN and people will be outraged and our legislators will demand some change and maybe even pass a law or two to fix this problem.
Hahahaha…just kidding.
force: brushing away a cop’s hand as he grabs your camera.
not force: a cop dislocating your shoulder AFTER you are handcuffed and asking him to be careful.
Man, the oinkers have the deck really stacked in their favor.
As a serious amateur photographer, I can’t find enough polite words to describe the outrage I’m feeling right now. Will this cr@p EVER stop?
Let’s face it, that guy fits the profile, just look at him.
1. It’s not illegal to photograph a cop, even if the cop doesn’t want you to. Sorry, get over it.
2. Again, I call for zero-tolerance. “Fine, officer, he assaulted you. Unfortunately, only a complete pussy would think that’s assault, and we have zero-tolerance for pussies on our force. Gun and badge, now, you’re fired.”
3. If it’s assault when he pushes pussy-boy’s hand away, it’s assault when pussy boy pulls him arm behind his back.
After all this time, all the stories, and all the lawsuits, how is it possible there are still cops who don’t understand the legality of photography in public places?
There are only two possible answers:
1. They’re either too stupid to understand the laws they’re paid to enforce, which means they shouldn’t be employed as cops, or,
2. They’re ignoring the law, which means they shouldn’t be employed as cops.
Time to start outing the people who are behind the complaints who instigate this absolute MESS that our relationship has become with the police. It doesn’t matter if they complaint about a guy taking photographs, or if the guy accidentally makes a subtle, quasi-sexual innuendo about the state of Florida: the only way to stop this nonsense is to out the ultra-sensitive, anti-social, common-sense deficient people who push the first domino over.
There’s no other way to get people to act like they have the slightest bit of common sense.
I’ll save my comments about the police officer’s conduct because I think it’s already been said above.
This is going to be interesting. Radley, I hope you or Carlos Miller follows this story closely, as Scott Rensberger appears to be a photojournalist who doesn’t take any crap from the authorities.
He was also interviewed by local TV and radio stations.
Rensberger says the first thing the officer said was “Why are you taking pictures of kids?” He says he didn’t appreciate the accusation. “Right off the top I felt like you are asking me right in the middle of the mall why am I a pedophile, that’s how I took it,” Rensberger said.
The consensus on local talk radio seemed to be that if the cop would have simply talked to him in a civilized manner instead of first jamming him with an accusation then none of this would have happened.
http://www.58wchs.com/includes/news_items/7/news_items_more.php?id=1915§ion_id=7
Even more of a question, if the cop was off duty, why was the photographer charged with assault on a LEO? Why should an off duty government employee be able to use his “official power” for his own enrichment by working security? In grabbing the camera, the cop committed battery, and the photographer was defending himself. Sounds like the mall, the security company, the police department and the officer all need to be getting letters from a good lawyer.
Plus the cop made a grave tactical error. Seems that this guy got arrested in HI for the same thing at Bill Gates’ wedding. Sued Dole, sued Gates, sued Microsoft. And won.
“They just fucked with the wrong Mexican.”
Too bad this will come out of the state shared-risk pool and not out of this pig’s bank account, pick-up truck, and single-wide. Calling this pig trailer-trash is an insult to both pigs and trailer-trash.
They need to change the law saying that it is unlawful to resist an unlawful arrest. That’ll change a lot of things, quickly.
It is most assuredly not unlawful to resist an unlawful arrest.
Unfortunately, it rarely works as a defense.
OGRE, thats because our legal establishment doesn’t care what the law says.
OGRE @13
Actually… In some states it is:
http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=87929
BTW – Radley, thanks for the hat tip!
Personally, considering what I’ve read so far, the problem started with a parent who was so pumped up on government-generated and media-propagated fear mongering that reporting a “suspicious” character was an end unto itself. Where most people wouldn’t have given the picture taking a second thought, this guy saw it as an opportunity to be heroic and powerful. I don’t think for a minute he actually thought his kid was in any danger.
Next comes the cop who, rather than questioning whether the parent had a legitimate concern, simply saw it as an opportunity to satisfy the craving that made him become a cop to begin with. He couldn’t pass on the chance to confront someone once given the carte blanche that comes with protecting children.
Finally, we have a naive photographer who was quickly angered that an accusation of such little substance could be taken seriously by a “law enforcement professional”. He was probably also surprised to find that, in terms of people skills, modern cops skip right over persuasion and go immediately to the use of violence. And he will soon discover how much the justice system is stacked against him. I don’t think there’s a chance in hell that he will come out on the winning side of this. Just as an army with god on its side must prevail, a cop protecting a child can’t loose.
I don’t believe a citizen complaint is necessarily a legitimate reason for a cop to stop and question someone. I think a cop has to exercise some judgment as to whether the complaint actually constitutes enough of a threat to warrant action.
So, what legitimate danger does someone subject a child to by taking his or her picture in a public setting? Repugnant as most people may find it, the fact that someone is sexually aroused by pictures of children does not, of itself, victimize a single living soul on the planet. So, what is it? A fear that the guy might kidnap the kid?
If he’d only smiled, congratulated his accuser on the attractiveness of his child, and walked away, he wouldn’t have had any trouble.
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The comments to the local article suggest the cop has a history that the P.D. might not want to become widely known.
I read through the comments on the original article, and kept hearing people talking about the mall’s video surveillance, wondering if the mall has video of the incident, and wondering if the recordings will disappear. It dawned on me: don’t the geniuses who sicced the cop/security guard on Rensberger realize that their kid is almost CONSTANTLY being video taped by the mall, not to mention the school they attend–probably even on the school bus–and by countless other entities? Where is their outrage?
I hate to call people names, but I am infuriated, and frankly, with the proliferation of security and cell phone cameras, you need to be a first class idiot to be trying to stop a guy with a camera because he might have incidentally caught you or your kid in the frame when we all live in a fishbowl. And for a law-enforcement officer to join in that stupidity goes beyond past idiocy to evil.
Here’s hoping that Trevor is attempting sarcasm, because we all know that the best response to someone who’s accusing you of being a pedophile is to tell them how cute you think their kids are.
#15 I suspect that this is going up to appeal because it is direct violation of USA v John Bad Elk.
But, Bill, those are government cameras. Government is our friend. When it watches us, it’s for our own good.
LMAO! Not even 8AM yet and I’ve already had a good laugh. Thanks.
I would bet that the average Joe thinks it’s perfectly legitimate for a cop to question anyone anytime and that people are wrong to resist it or even be impolite. Furthermore, I think the vast majority of people see cops as being “the authorities” (and also the guys in the white hats) and that we have an obligation as citizens to cooperate to the best of our abilities.
Whether a case ever goes to trial, lawyers (on both sides) know that these are the people that make up juries.
Dave,
Since when is a mall security camera a part of Government? I wish it was. I had items stolen out of my car and the car vandalized right in front of a mall security camera a few years ago. When I asked mall security to look back on the video tape, I was told that it was a violation of their policy. The Police said that they would look into it but aparently never caught the guy. Imagine my suprise when three of the mall’s security people were arrested for helping thieves steal items from cars. They would watch the cameras and when someone put things into their cars and went back in the mall, the security guards would call the thieves on a cell phone and tell them which car to break into.
the photographer was working as a subcontractor for the IRS, so fuck him.
fuck the cops for being asshats.
I can’t get too upset- this looks like the Jerry Springer show to me- lots of idiots misbehaving.
Good point. You’re correct, of course. But, I think people are generally very tolerant of surveillance that has an official security purpose. To them, it’s that lone guy who represents the main threat.
Yea Marty. I saw that same thing about Rensberger working for the IRS, so I have a hard time thinking of him as one of the good guys. It seems like a bundle of small minded crybabies are all getting what they deserve. Fuck them all. I hope they all come out of this worse off.
Cops are scumbags. Nuff said.
Guess I am lucky I did not get arrested last night. I took a dozen pictures of the 7th grade band testing out different settings on my camera before the 8th grade band (and my kid) came on to perform.
The real sad thing about this is that it happened because the guy was alone. If his girlfriend had been standing next to him while he took pictures of Santa, no one would have looked at him twice. But in this country, all men without a woman nearby are evil.
Well, to play the devil’s advocate, it’s not as if the IRS would shut down for lack of a competent freelance videographer/photographer. And was he working for them in a public relations capacity? If so, you have to pity the guy, because he really is trying to put lipstick on a pig…while the pig runs around squealing at impoverished single moms demanding cash.
I think Dave hit the nail on the head when it comes to ordinary people feeling like they need to exert power over others and disguising it as good samaritan behavior. Probably not to be real malicious, but just to feel like they can do something to protect their loved ones from the make believe boogy men out there. It’s a horrible way to feel security and comfort.
That is until that same person has to watch his teenage kid get placed on the sex offenders list for something bogus, but I doubt the connection will be made by said concerned parent.
#11 | Frank — “Plus the cop made a grave tactical error. Seems that this guy got arrested in HI for the same thing at Bill Gates’ wedding. Sued Dole, sued Gates, sued Microsoft. And won.”
Critical difference, Frank. Dole and Gates are not public officials. The cop is gold because:
1. He was acting in official capacity.
2. He was not acting for personal gain.
Nothing to see here, move along…. The public have spoken.
“But in this country, all men without a woman nearby are evil.”
Thanks, glad somebody said this.
Although I don’t look mean or nasty or violent I get bad vibes
in public for being over 30 and alone.
Restaurants, airports, walking down the street.
Feminism gone awry?
#33, I have been saying for years that people act this way because it’s the one way in life they can feel like they have power and control, which are attractive to wield to most people. Powerless at work, in their relationships, with their kids, etc. but boy oh boy government muscle can be used as a proxy to get that “high”.
#25, I had a debate with a co-worker last week about this very fact. He is an intelligent person. However, he displayed a vast amount of cognitive dissonance. I tried to break it down into bite size pieces and build from one to the next. He agreed that cops have the moral responsibility to question every action they take, and that they should suffer the consequences of said actions, both here on Earth and with their Creator (he’s a Christian/God is all things good person, so I figured I could get to him this way; I agree with my statement but you don’t have to believe in a Creator to agree). He agreed that cops have the system on their side, etc. He agreed that lack of consequences and/or having the system on your side emboldens one to be more brazen about the abuses they inflict on others. He then had massive cognitive dissonance and said we have to be protected (from what?), that they are our protectors (despite said train of abuses and brazen behavior), that we must respect their authority
(why are you so willing to be a slave?), and that you should comply with all orders and rely on said rigged “justice” system to handle things.
Wow. I had to tell him straight up that he is a slave and hopefully one day will free his mind so his actions will follow. Of course he took this to mean I am pro-anarchy, we don’t need any rules, everyone will just get along, etc. I tried to correct him and ask why he made such a leap, but he wouldn’t hear it because he wants to be ruled. I believe he’s a slave in his mind because of his religious beliefs, something that I feel is quite common among religious types. I was raised in a strong religious environment, and directly saw and felt the impact of disconnects.
The debate centered around the Chris Humphreys thug/murderer Portland OR police who recently shot a girl with a bean bag round at point blank range. My co-worker said she deserved it, that cops have a right to fire on you and question you for anything, and you have no right to question them or not comply because hey, they could be investigating a murder or something and you should answer all of their questions fully and immediately. All sorts of wild leaps were made. I watched the same video of Humphreys, and I saw something entirely different: 3 cops, one of them Humphreys, 2 of them have the girl on the ground on her back, and the entire time Humphreys unslings his shotgun and is looking for the best shot. 2 grown men had the girl on her back. Yes she was resisting, but that doesn’t justify shooting someone. They had her under control, 2 grown men against a 15 year old girl, yet Humphreys almost immediately was looking for the shot. That tells you his mindset — “I want to shoot someone”. People who have training in dealing with threats understand that you don’t immediately jump to the most dangerous methods to deal with a threat … it’s called a threat/force chart that you use to judge the circumstances and then react accordingly. If you have bad judgment then you shouldn’t be a cop.
It’s amazing how many people feel you should comply with everything, you deserve what you get, and that shooting someone with anything is justified because Cop X has to react in split seconds and you don’t know what Cop X saw and felt. The typical “I felt threatened, he was 21 feet away” bullshit.
Hey whats that government policy called wherein an officer can arrest you for things that aren’t illegal and he is never penalized for the all-encompassing definition of his own authority?
Oh yeah its a police state. But only countries with funny sounding names have those, right?
I forgot to mention that said co-worker wanted to skip over the whole “so what actions are valid to enforce under color of law”. I tried to explain that at one point segregation was legal and interracial marriage was illegal, and there are a bazillion other items that are on the books but not regularly enforced, if the cops are absolved of enforcing these laws under the guise of “just following policy, I uphold the law, go gets laws changed if you don’t like them, I’m not responsible for what I enforce” which contradicts the things said co-worker agreed with about responsible for all actions. He had no response to my point, which is telling. I asked him how he would feel if something happened to his wife, innocent but caught up in a police “mistake” which we read about all the time on this blog and others, and let’s just go all the way she was physically beat on and maybe even killed, how would he feel about “just following procedure, we just enforce laws, go change the system if you don’t like it” etc. and again no answer. Very telling. And very hypocritical. Some people are so disconnected that it doesn’t exist to them and is A-OK until it impacts their life.
Places not to visit:
1) Any mall
2) Charleston, WV
3) Maricopa County, AZ
Radley, I really love your blog, but seriously, it makes me so angry!!!
“I think people are generally very tolerant of surveillance that has an official security purpose. To them, it’s that lone guy who represents the main threat.”
I have to agree with you there Dave. I’m still waiting to be arrested. I’m an officer of a local fraternal organization that is very family oriented. Until 9:30 PM children have the run of the club. We usually have treats for them. It’s not unusual for a kid to get cookies or ice cream as well as some small toy. I’m one of the people who hand this stuff out and most of the kids get to know me by name. The problem is that alot of these kids are brought to the club by their Grandparents, as a result it is not uncommon for me to be in a store and have a kid run up to me calling me by name and their parents have no idea who I am or how their kid knows me. Most of the time I just introduce myself and there is no problem. I’m still waiting for the day some parent goes off the deep end and I end up in hot water.
BamBam #36 that was a good post, I totally recognize your frustration at that guy’s inability to understand in spite of you trying to explain your position. We’ve got a lot of work to do.
No clue how to e-mail you, but on a related “abusive law enforcement making shit up to jail you” note: Dr Peter Watts beaten and arrested at US border. Feel free to delete this comment and blog about it (in fact PLEASE blog about it).
I live in Charleston WV, and yes, we have a serious problem with our cops. (Although this sort of thing happens everywhere, I suppose.)