War on Cameras

Florida Man Arrested for Resisting Arrest, Suing Cop for Seizing His iPhone

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the tape
via WESH

An Orlando police officer seized a man's iPhone for recording an arrest and then arrested him for resisting arrest, according to a lawsuit filed by the man, Alberto Troche, who prosecutors declined to try on the charge of resisting arrest without violence. Troche was recording a late night arrest he thought seemed excessive when police asked bystanders to stop recording and give up their phones. The Orlando Sun-Sentinel reports:

One woman complied, the suit alleges, but Troche kept recording, he said.

The video he shot appears to show an officer walking up and pulling it from his hand.

"They saw me recording," Troche said. "He came and said, 'Good. I'll be taking that,' and took my cell phone. To me that didn't seem right."

Troche was handcuffed and jailed for 15 hours, accused of resisting arrest without violence.

Troche got his phone back three weeks later, with the footage still on it. In his report, the arresting officer, Peter Delio, accused Troche of shoving him. The officer said he needed the phone because it had evidence of a crime, and insisted he didn't seize it until arresting Troche and putting him in a police car.

Troche's attorney says the aim of the lawsuit is to "fix OPD and train police," and the lawsuit seeks unspecified damages for the violation of Troche's constitutional rights.

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  1. Obviously guilty of resisting OFFICER AUTHORITAH!

    Can’t have pesky things like recordings; they prevent cops from doing their jobs and endanger officer lives!

    /dunphy

  2. The officer said he needed the phone because it had evidence of a crime

    If only there were some sort of process to acquire evidence legally.

    1. Silly Playa. Didn’t you know? If a cop does it, it’s legal!

    2. The officer said he needed the phone because it had evidence of a crime

      Technically, the officer was telling the truth.

      “They saw me recording,” Troche said. “He came and said, ‘Good. I’ll be taking that,’ and took my cell phone. To me that didn’t seem right.”
      […]
      Troche got his phone back three weeks later, with the footage still on it.

      It appears that when Troche got his phone back, it still contained evidence of a crime.

  3. Let’s see, we have theft, assault, perjury. And that’s just at first glance.

    What a bunch of amateurs – not deleting the offending video before giving the phone back to their enemies.

    1. After reading about the guy with the spinal implant that was broken by the shitbag cop in the previous nut punch story, it’s weird how little this actually gets me upset.

      It’s still unfathomably wrong and yet another indication of the fascist police state in which we live, but in comparison to having a spinal implant broken it doesn’t get me anywhere near as upset.

      Plus I don’t understand why they would take the camera and NOT delete the video.

      1. Plus I don’t understand why they would take the camera and NOT delete the video

        Didn’t know how.

  4. Its punk cops like this that make me rejoice everytime I hear on the news about some stupid punk cop getting clipped in the line of duty!

    http://www.anonblitz.tk

  5. Why bother deleting the video?

    Nothing will happen anyway.

    Maybe they felt like taking a few days off for training. Maybe the facility they go to for training is near a good donut shop, or near prostitutes they can rape.

    1. Exactly. This is actually worse than usual, because they don’t even fear the video. They fear nothing. Because they don’t have to. Aren’t police states grand?

    2. Along with that, even if the victim wins in a civil suit against the cop, there is no way the cop is going to earn enough in his lifetime to satisfy the judgment. If he does not feel like paying it is unlikely he will suffer any penalty for that at all.

  6. Wait ’til they subpoena his phone and “find” child porn on it.

  7. These are such open and shut cases that I can not believe every cop in the country hasn’t gotten the word: they are public servants and whatever they do is public and open for the public to see (and record) by definition.

    But then, I have this crazy idea about the Fourth Amendment covering modern devices like phones under the category of “papers and personal effects”.

    Silly me!

    1. Open and shut in the sense that they get away with it all the time. How does that deter any of them?

  8. Things that are not crimes, in no particular order:

    resising arrest
    disorderly conduct
    obstruction of justice

    Fuck pigs.

    1. STOP RESISTING (our awsomeness).

  9. Funny how that memo, on how civilians recording them in the line of duty is completely legal, keeps getting lost.

  10. Every single police car should come with a metal plaque screwed to the dash with the Bill of Rights enshrined on it.

    Every single police department and station should have a massive plaque in their foyers with the Constitution and the Bill of Rights emblazoned boldly on it.

    Every single wannabe cop that seeks to serve his or her community should NOT have the right to graduate from ANY police academy without being able to recite the Bill of Rights and take an extensive test on the Constitution.

    Every single cop in the land should be automatically required to attend annual classes on constitutional rights or take a significant dock in pay.

    Every single person associated with law enforcement in American should at the very LEAST be able to recite the Bill of Rights anytime, anywhere.

    The fact that the Constitution and the Bill of Rights is now viewed with contempt and inconvenience by most in law enforcement indicates the reality that representative governance has failed miserably.

    1. AC – you know those warning labels “This product contains a substance known to the state of california to cause cancer”? Yeah, no one pays attention to those because of over-exposure. Too much of a reminder gets filtered out. A simpler fix is unlimited civil and criminal liability for cops.

  11. If you want to check my phone to check the recordings for evidence of a crime, bring a warrant.

  12. Arrested for resisting arrest.

    1. “That’s some catch, that Catch-22,” he observed.

      “It’s the best there is,” Doc Daneeka agreed.”

  13. There is website dedicated to just this sort of outrageous nonsense from cops:

    http://photographyisnotacrime.com/

    PINAC is doing great work on this subject.

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