Quis custodiet ipsos custodes?
Officer Francisco Jotautas, just prior to him making physical contact with me. Some information for you, officer Jotautas: The 1st, 4th, and 14th Amendment protect my right to photograph police in public places. Read More
My Video Explaining What Happened. Who Watches the Watchmen? Chicago Cop Assaults Local Street Photographer
Miami journalist Carlos Miller has been arrested twice for photographing the police. He beat the rap both times: In 2010 he was acquitted of resisting arrest without violence, and his 2008 conviction for resisting arrest was overturned on appeal in 2009. Miller runs the website Photography Is Not a Crime, where he defends First Amendment protections for anyone with a camera. We asked Miller to share three tips for dealing with cops who don’t like having their activities recorded.
1 Get it on video. Police think twice when dealing with video, as opposed to a still camera. If your camera has video capabilities, start rolling. If you have a smart phone, use a live stream service like Qik that stores the video online immediately. Inform the officer that the video is live streaming and people are already watching it online.
2 Assert your rights. Police also think twice when dealing with people who know their rights. Inform the officers that they need a subpoena before confiscating your camera, even if they demand it “as evidence.” Police can confiscate your camera only if it was used in the commission of a crime, such as child pornography.
3 Just leave. Ask the officers if you are being detained or are free to leave. If they are detaining you, they must have reasonable suspicion you are committing a crime. Taking pictures or video in public is not reasonable suspicion. If they are not detaining you, then you are free to leave—with your camera.
UPDATE: May 26, 2013
I just got off the phone with a Detective Steve Lazzara of the Chicago police (Hello, officer!;-). Seems officer Francisco Jotautas thinks it was a crime for me to call his house in order to get conformation on his full name.
According to officer Jotautas, he is now the victim! Lol… right, assault me, and then cry when I stand up for myself – how grand! I called the number that I had found online through a Google search in order to acquire his first name. His name tag only had his last name.
There is no crime in calling a police officer. I called one time, asked if this was officer Jotautas’ number, and then said “thank you,” before hanging up:
Me – “Hello, is officer Jota… Jotaa, I’m sorry, I can’t pronounce the last name.”
Person that answered the phone: “Officer Jotautas?”
Me – “Yes, that’s it.”
Person that answered the phone: “I’m sorry, he’s at work.”
Me – “Thank you.” (hung up)
That was the extent of my conversation with whoever answered the phone. I now had confirmation of officer Jotautas’ full name. I believe it was his wife who had answered the phone. A few minutes later I received a call from officer Jotautas, apparently from his cell phone.
I identified myself as the photographer he had assaulted earlier that day. He said, “but I got your phone number.” I replied, “so what? I’m not doing anything wrong, nor do I have anything to hide. Now, don’t call me again.”
Apparently, officer Jotautas is making claims that I somehow was harassing him. How one 10-second phone call constitutes harassment, remains to be seen. Here’s officer Francisco Jotautas’ thumb about to hit my camera lens:
The Government’s War on Cameras!
The Tradition of Chicago Police Thuggery
Cop Arrests NBC Reporters, Says Your First Amendment Right Can Be Terminated
Stossel: The War on Cameras
This FOX video isn’t totally correct, as police officers can, and often DO lose their jobs: (also see Illinois Recording Law)
Black Sabbath – War Pigs