NY Couple On "Wanted" Poster For Filming Police
Hugh Pickens writes "Ben Fractenberg and Jeff Mays write that the NYPD has created a 'wanted' poster for a Harlem couple who film cops conducting stop-and-frisks and post the videos on YouTube — branding them 'professional agitators' who portray cops in a bad light and listing their home address. The flyer featuring side-by-side mugshots of Matthew Swaye and Christina Gonzalez and the couple's home address was taped to a podium outside a public hearing room in the 30th Precinct house and warns officers to be on guard against them. The couple has filmed officers stopping and frisking and arresting young people of color in Harlem and around New York City, which they post on Gonzalez's YouTube account. They said their actions are legal. 'There have been times when it's gotten combative. There have been times when they [police officers] have videoed Christina,' says Swaye. 'But if we were breaking the law they would have arrested us.' Swaye was part of a group of advocates including Cornel West who were detained at the 28th Precinct in Harlem in October for protesting the stop-and-frisk policy which Mayor Bloomberg strongly defends. "
It's amazing what we let what amounts to State employees get away with.
The world's burning. Moped Jesus spotted on I50. Details at 11.
It (the flyer) was spotted by multiple people, including the couple, when it was taped to a podium outside a public hearing room in the 30th Precinct house last Thursday, where residents met for precinct council meeting.
It could have been anyone to post the flyer, including the couple themselves.
sysadmins and parents of newborns get the same amount of sleep.
The only reason they would consider legal options would be because it would bring awareness to their (admittedly excellent) campaign.
If they want to record the cops doing what they believe is wrong, I honestly don't see why the police cannot publicly post a warning to other officers in what seems to be a mostly harmless joking way.
Listen, public embarrassment and notice is a two way street. If you want to publicly post the actions of the police, I don't see why you should feel others couldn't do the same to you.
Pretty sure posting their home address on the flyer can have some legal implications.
morcego
Well obviously the Harlem residents must be guilty of something, otherwise the police won't stop and frisk them...
Excuse me, but please get off my Pennisetum Clandestinum, eh!
mugshots.com
Sounds like libel, especially since they are not making any money off it. They should get in contact with the ACLU.
Also, very classy of the NYPD to do a public smearing of people who show their abuses to the public. They'll happily invade your privacy at random, but don't you dare film them while they abuse people on your dollar!
Seriously, why would the police care if the police are doing nothing wrong? Are the videos revealing operational secrets that will make these "stop and frisk" actions less useful? Whatever their reason is, I would like to use that reason against them when they are requiring the same of me.
Which brings me to a question: How is "stop and frisk" not a violation of rights? It seems to be CLEARLY a violation of the 4th and perhaps even the 5th.
"Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
The cops definitely get upset if you post THEIR pics and home addresses.
Invalid Checksum. Retrying.
Listen, public embarrassment and notice is a two way street. If you want to publicly post the actions of the police, I don't see why you should feel others couldn't do the same to you.
Maybe because police are public servants and private citizens are not.
IMHO public servants should be publically scrutinized.
If they want to record the cops doing what they believe is wrong, I honestly don't see why the police cannot publicly post a warning to other officers
Unfortunately, for your simplistic, naive 'fair and balanced' BS, the relationship between police and non-police isn't symmetrical - the police have governmental backed power and effectively unlimited financial resources (taxpayer dollars).
The way I look at it, the police have video cameras in cars and you routinely see traffic stop and arrest footage from these cameras on tv shows such as Cops. Turnabout is fair play.
WTF, no! It is not a "two way street". Police officers are equipped with privileges that allow them to use force and detain people. That's why public scrutiny of their actions is not just acceptable but necessary. This does not apply to other people, who do not have these privileges. Putting them on a "wanted poster" implies wrongdoing, so this is particularly unacceptable.
Are you seriously arguing that posting a wanted poster that includes the home address of two dissidents is funny?
In the real world, the difference between Fascism and Communism is about as significant as the difference between Coke and Pepsi.
Listen, public embarrassment and notice is a two way street. If you want to publicly post the actions of the police, I don't see why you should feel others couldn't do the same to you.
False.
http://en.wikipedia.org/wiki/Public_figure
http://en.wikipedia.org/wiki/Defamation
http://en.wikipedia.org/wiki/Invasion_of_privacy
In other words, it's the kind of joke a sociopath might enjoy. And why is it that any jurisdiction would want such individuals in their police force, or even being allowed to carry a gun?
The world's burning. Moped Jesus spotted on I50. Details at 11.
It could have been anyone to post the flyer, including the couple themselves.
That's it! The couple posted their pictures and home address for all to see, just to get some cops in trouble!
Seriously, am I the only one on Slashdot who think that conspiracy theorists like this guy are completely fucked up?
There's a big difference between what people do in their capacity as private citizens and as government employees. Police are acting as government employees; that gives them both specific powers, and it imposes additional responsibilities on them.
For example, I have a constitutional right to discriminate against you based on your race or religion in my private life; police violate the law if they do the same in their work.
Because the police is not people. It is there to enforce law. If the police do not like something that is done against them, then they must take it up with a judge.
They are not the public, so they do not answer to the same laws and reasoning.
They are there to uphold the law. If they see something that is illegal, they must go to court and let a judge decide for them, unless it is something like a ticket.
In now way or form should they be allowed to take the law in their own hands. In no way should they be able to do this. If they are allowed to do so, then your laws are in worse shape then you thought.
Don't fight for your country, if your country does not fight for you.
Except now they're called "NYPD." This is how my grandfather ended up in a Siberian gulag.
Please do not read this sig. Thank you.
Pics are on thing, home addresses are another, and you are at least bordering on asshole territory by implying that the two can be treated as equivalent. But maybe you're merely confused about the situtation or haven't thought it through properly, so I'll hold off on assigning you any motives. :)
Posting pics is perfectly reasonable for both sides, as long as they're taken in public, and aren't being exploited commercially. A little more reasonable for the couple, since the cops are public servants, but no big deal on either side, really.
Posting home addresses by either side is way beyond the boundaries of acceptable behavior. Even in retaliation for a similar offense, it would have been morally questionable. As a retaliation for the perfectly reasonable behavior of posting pics? Utterly contemptible! The cops were way out of line here!
For one, the right to perform an actual arrest.
Just an FYI, a "citizen's arrest" is limited to essentially yelling "hey, stop!". No use of force, not even grabbing by the arm. No handcuffs, no restraints, nothing. So no, it is not at all the same thing.
Isn't the saying that law enforcement likes to use, when spying on citizens... something like "If you've got nothing to hide, then you have nothing to worry about?"
Looks like the police are hiding something to me. Perhaps the police should start leading by example instead of being corrupt fuckers?
That police are simply thugs. If they are doing no wrong, then they should welcome public oversight like this.
Any cop that is against being recorded is a dirty cop that needs to be removed and put in jail.
Do not look at laser with remaining good eye.
If you look closely at the bottom of the pic it seems that it is signed by Sgt. Nicholson(?) in PCT 30 and lists a cell phone #.
This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
Actually, each party is happy to raise taxes on the other party, they just don't call it raising taxes.
Democrats are happy to raise taxes on rich people who are unlikely to vote democrat. The individual mandate is an example, as well as the fight over raising taxes during the budget struggles last year.
Republicans are happy to raise taxes on poor people. This is what ending welfare and reducing EITC do. They call it ending subsidies or socialism or welfare instead of raising taxes, but they're happy to do it.
-- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
If it were up to me, police would *always* be recorded while on-duty. Cameras, or at least microphones, in the car and on the person, both recording to a tamper-resistant medium and broadcasting online (with a time delay).
Why? Because the police are supposed to work for the government, and the government is supposed to work for the people. The people have a *right* to know what they are doing, to ensure that they are actually working properly.
And if the police are doing their jobs properly, it will actually help them. They'll have video evidence of any crime they witness. That would be more than a little helpful.
Of course, if it were up to me, we'd have nuked North Korea flat decades ago, so maybe it's good that I'm not actually running the country. But I still think my "record the police" idea is a good one.
Easy. Just try to do a "stop and frisk" on another private citizen and see how well the police respond to that. Oh or try to issue traffic tickets. Or pull people over and perform searches of their body or their car. Or go into people's houses searching and seizing their property. I could go on with the powers and privileges afforded to police officers by their position that an ordinary private citizen doesn't have. One can only hope you're retarded and not actually that dumb by choice.
Pics are on thing, home addresses are another, and you are at least bordering on asshole territory by implying that the two can be treated as equivalent.
Nobody implied that they were equivalent, you inferred that all on your own. The statement as it is written is a bit vague, though; it would better say "or". The statement as written is completely true, and further, it's what the cops have done; post pics and home address, which amounts to where to go and who to harass. Further, the flyer implies that they are criminals and makes unsupported statements about them and thus definitely amounts to deliberate libel, not that this is surprising.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Exactly. Citizen's arrest provides pretty much none of legal protections afforded to police officers when they arrest people. You can be liable for both criminal and civil charges if you abuse the limited power granted by the state in performing a citizen's arrest.
The cynic in me wonders if this couple is just trolling for an arrest for a big payout in a civil rights lawsuit.
As long as that is a valid tactic, that's a valid action. If you are so likely to get arrested for doing something that is not illegal that you stand a good chance of being able to do it, and it is so illegal that you stand a good chance of getting paid, then actually doing it is an act highly useful to society.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
They are guilty of VVS in the worst way.
http://www.youtube.com/watch?v=Bt9zSfinwFA
I love Jesus, except for his foreign policy.
...is good for the gander. Law enforcement is always telling the citizenry that they have nothing to fear if they have nothing to hide.
Did you read the post?
"The flyer featuring side-by-side mugshots of Matthew Swaye and Christina Gonzalez and the couple's home address was taped to a podium outside a public hearing room..."
So the cops publicly posted the photos and HOME ADDRESS of these people.
Invalid Checksum. Retrying.
Excuse me, but it was the police who published the home address of the photographers. So, yeah, ummm.. yeah.
Beware of the Leopard.
Please describe for me one 'privilege' that a police officer has that a citizen who is not a police officer does not have.
- Various degrees of immunity for their actions under the law
- Practically unlimited legal representation at no cost to themselves
- Other police officers who will close ranks to protect one of "their brothers" when they do something questionable
- Powerful unions that can exert substantial political pressure
- Legislation that makes it a crime to post *their* addresses
I can keep going - is this enough to start?
Please stand clear of the doors, por favor mantenganse alejado de las puertas
In the US, there is a separate division of the police department called "Internal Affairs," whose job is to monitor police actions. The IA is small, subject to bias, and monitors few events. The public is large, independent (subject to innumerable biases), and monitors many events. Police are already recording events and making selected recordings available. How those recordings are selected is an issue with substantial insider bias. Unless the right is taken away by law, the public already has a legal and even moral right to record those same events.
Nobody wants to be watched, the chilling effect is well known. When the police make the recordings, their superior or IA is in charge of releasing the video. When the public is making the recording, the availability is more independent. Usually, the "nothing to hide" privacy argument falls apart easily; when monitoring police action, as demonstrated in the Stanford Prison Experiment, independently watching the watchers is a necessary hardship. Thus citizen review boards and citizen videos. There are, of course, endless special cases; so like most everything in society, laws and policies can at best be general guidelines requiring community oversight.
With cheap recorders comes the ability to watch the watchers with fewer "he said, she said" problems. Fewer but not none, as with the selective editing of the Rodney King video. The above applies to police actions, not to the general public going about their daily activities (the recording of which is a different topic).
Agreed.
You can not have authority without accountability.
Wait, no call for putting the cops in jail for posting this couple's home address? No complaints about the harassment they could get or potential innocent family members that might reside there? Just a "I stand corrected"?
Are you a retired/active LEO?
"There is no real right or wrong, just what the majority accepts at the time."
Let it continue to slide and Bloombergian New York will be the future American Police State.
Stop n Frisk
Police intimidation
Soda Bans
Smoking Bans
TransFat Bans
What is the old cliche... if you are not free to make a bad decision, you are not free at all. We need to stop looking to our elected leaders for solutions and start pushing them to set only minimum standards and allow us to find solutions for ourselves. Otherwise we will be laying down and inviting the boot to step on us
I am coming to understand that feeling of the ownership of tragedy by watching our current local issues assume national significance. In this comment section, the majority of the discussion is about nebulous concepts like the role of a police force in a democracy, a public figure's right to privacy, what the law says and is intended to say, and so on. It is good that we can discuss abstracts like what does "unreasonable" in "unreasonable search and seizure" mean. But for us in Brooklyn, the issue is Michael Bloomberg and Ray Kelly and their pet policy. The policy is unpopular and ineffective and could be done away with by the current administration in a single day.
"What will happen if we allow this policy to continue?" is rhetorical - the policy will not lead to the erosion of rights because it already is the erosion of rights. We need to ask, "What can we do to end this policy?" I suppose the first little thing we each could do, if we're actually opposed to Stop & Frisk, is contact the offices of Ray Kelly and Michael Bloomberg on a daily basis to remind them of the racist crime they are committing against the people of this city. That is definitely not something you need to live in New York City to do :)
As a police officer in Los Angeles, I'm bothered by all the anti-police sentiment and posts portraying cops as fascist brutes just waiting to violate people's rights.
Are there bad/corrupt cops? Yes. However, I can say the vast vast majority are out there trying to do a good job and follow the law. There is no ulterior motive where we go around looking to piss off people or violate their rights. As far as people videotaping us, it happens ALL the time (at least in LA) and I've never worked with anyone who did anything about it or even cared that much. Sometimes it's annoying as the people videotaping assume we're assholes looking to beat people but we don't worry about it because we know our law and policy and do what we're supposed to do.
Most police vehicles have cameras with microphones attached to each officer. We don't mind as it overwhelmingly helps us against bogus complaints or allegations. It gives us documented evidence that we didn't have before.
And yes, I believe in privacy and our 4th amendment rights. I don't want police powers expanded at the expense of an individual's privacy and I do not believe that people have nothing to hide if they're innocent. Many cops feel this way, we're normal, thinking, people too. I went to college and majored in computer science, grew up reading slashdot etc etc. I'm a lot like everyone else here except when I go to work I wear a uniform with a badge and gun. Do I use force when necessary? Yes, but I'm not interested in hurting someone and I'll do everything i can to avoid a use of force, as a lot of us would.
I can't comment on the NYPD's practice of conducting their stops, I'm not familiar with it. In LA of course we do Terry stops routinely and again, we don't do it to unnecessarily harass people. We have to have reasonable suspicion...this usually takes the form of seeing someone in dark clothing, with a backpack (commonly carried by burglars), walking around a residential neighborhood (which has a burglary or car burglary problem) at 3am, who crouches behind a car as I pass by. Will I stop him , identify him, and see what's going on? Yes. I don't think that's so ridiculous and if I lived in that neighborhood I would expect the cops to do their job and talk to that individual.
Anyway, I just wanted to give a different perspective.
As is coke and pepsi even today.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.