In article <2009033120054622503-savageduck@savagenet>,
(E-Mail Removed) says...
-:On 2009-03-31 18:54:23 -0700, tony cooper <(E-Mail Removed)> said:
-:
-:> On Tue, 31 Mar 2009 20:10:20 -0400, "J. Clarke"
-:> <(E-Mail Removed)> wrote:
-:>
-:>> Neil Jones wrote:
-:>>> Colin.D wrote:
-:>>>> Ron Hunter wrote:
-:>>>>> nospam wrote:
-:>>>>>> In article <uY5Al.46468$(E-Mail Removed)>, Martin Brown
-:>>>>>> <|||newspam|||@nezumi.demon.co.uk> wrote:
-:>>>>>>
-:>>>>>>>>> No. Snapping the card in two would be destruction of property.
-:>>>>>>>> As is deleting the picture so I am told be legal people. At least
-:>>>>>>>> in the UK
-:>>>>>>> Only if he actually succeeded in deleting the images... which
-:>>>>>>> delete all seldom does.
-:>>>>>>
-:>>>>>> it rarely fails.
-:>>>>>>
-:>>>>>>> Unlike with film deliberately exposed to light you could recover
-:>>>>>>> deleted digital images. Film is a lot more fragile in this
-:>>>>>>> respect.
-:>>>>>>
-:>>>>>> perhaps they could be recovered but that is not relevant. one
-:>>>>>> moment he had a card full of photos and the next moment he did
-:>>>>>> not. that's destruction.
-:>>>>> ONLY if the data were actually lost, which is NOT usually the case.
-:>>>>
-:>>>> But the cop *intended* the images to be lost. The fact that they
-:>>>> might
-:>>>> be recoverable was beyond the cop's knowledge; if not he might well
-:>>>> have physically damaged the card. In the cop's mind he *did*
-:>>>> destroy property.
-:>>>>
-:>>>
-:>>> I got to think a little bit but how much can they (law enforcement)
-:>>> delete. The newer devices that are coming out with bluetooth will
-:>>> transfer files to the neighboring devices. If your friends are with
-:>>> you and you transfer the files to them with bluetooth then the
-:>>> question becomes, how MANY can they delete? Are they going frisk
-:>>> everyone and delete all images on all cameras?
-:>>
-:>> The kid in me would want to deal with Officr Hostile by just letting him do
-:>> his deletion, going home, recovering the images, putting them up on
-:>> fotoomsk.ru or somewhere else that's going to laugh in Officer Hostile's
-:>> face when he complains, then emailing the police chief, the mayor, and the
-:>> local newspapers and TV stations with the story and the link, preferably
-:>> including HD video of Officer Hostile's little tirade.
-:>
-:> You're assuming that there's something in the photographs that would
-:> reflect badly on Robby (the officer in question). There's no
-:> indication of that.
-:>
-:> A person who was being arrested on a drug charge was manhandled and
-:> that was being photographed. There's no reason to assume that Robby
-:> was involved with that. According to our retired policeman in this
-:> newsgroup, Robby - as a member of a drug task force - would not have
-:> been the arresting officer.
-:>
-:> I used the word "manhandled", but this was an arrest of a druggie in
-:> the projects. There's no indication that the arrestee's demeanor did
-:> not require that. It wasn't mentioned if the guy was high, putting up
-:> a fight, or just not getting to the ground quickly enough.
-:>
-:> I related this incident as I heard it in a casual conversation. Had I
-:> known that it would have received this much attention, I would have
-:> asked Robby some questions and been able to present a more accurate
-:> picture.
-:>
-:> Questions like: Was the person with the camera a bystander who was
-:> just standing by quietly, or was the person pushing into the scene
-:> aggressively? Was the person warned sufficiently that he was not to
-:> take photographs? (Whether or not you think it a warning was
-:> deserved, this would make a difference in Bobby's reaction)
-:>
-:> What was the general nature of the situation, and were things getting
-:> out-of-hand or was it a fairly routine bust? Did Bobby, in
-:> retrospect, think he acted impetuously or improperly or did he feel
-:> that he had some sort of mandate to demonstrate his authority.
-:>
-:> I didn't ask any of those questions. The conversation was more on the
-:> subject of the difficulty of photographing basking alligators on the
-:> Econolatchee River banks. (They sense you coming and slide into the
-:> water). The arrest incident was a very minor part of the
-:> conversation.
-:>
-:> Robby's a big, kind of soft-spoken, guy who doesn't seem to me to be
-:> the cowboy type. However, I have no idea what he's like on the job on
-:> in stress situations.
-:>
-:>
-:>
-:
-:There are so many elements missing from this story.
-:I can accept that you are relaying it to us in good faith, in the
-:context of the OP. Now you are making hearsay assumptions
he made no assumptions, only poised questions.
you made the assumptions.
-: regarding the
-

ossible scenario for the involvement of the photographer during this
-:arrest, to justify "Bobby's" actions and your trust in his character as
-:you know it.
-:
-:The issue is, the story as you originally told it does not indicate any
-

bstruction of the officers performing their duty (the arrest) by the
-

hotographer. What actually took place with the actual arrest, and the
-:behaviour of the arrestee is irrelevant.
-:This is about the photographer who was just taking photographs. He was
-:not arrested for obstruction, just accosted by an overzealous officer.
-:Therefore all of us in this NG have been led to understand "Bobby"
-:acted irrationally to destroy the photographs (files). This act,
-:whether, fact or fabrication is at the very least in a US Legal sense,
-:a violation of Due Process. At worst, if things happened as you
-:described, is illegal destruction of personal property and possibly
-:assault/battery by a Peace Officer under the color of authority (or
-:Law). The latter in California can be a misdemeanor or a felony
-:depending of the severity, and would provoke an Internal Affairs
-:investigation. I can't speak for Florida, but I believe he would have
-:similar problems there if a complaint was made.
-:
-:The bottom line is "bobby" was wrong in believing he had the "right"
-:because of his badge, to act to confiscate and destroy the
-

hotographer's property.
-: