Thanks to reader Chapter&Verse we get a Pioneer Press article which talks about how the Little Canada Police Department claimed a citizen watchdog’s camera was “evidence” following his recording of an incident where the officer claimed she did not want to end up on the Internet. Unfortunately for the officer her desire was not only irrelevant, it was illegal, especially when the officer allegedly destroyed the video on the camera after it was seized.
From the article:
The day after Henderson’s camera was taken Oct. 30, he went to the Arden Hills sheriff’s substation to get it back.
[...]
A week later, Henderson was charged with obstruction of legal process and disorderly conduct, both misdemeanors. He had been filming from about 30 feet away, he said. Henderson said deputies gave him no warning before Muellner took his camera.
The deputy wrote on the citation, “While handling a medical/check the welfare (call), (Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with sit(uation) to deal w/Henderson.”
[...]
Henderson went back to the sheriff’s office in mid-November to get a copy of the report and try once again to retrieve his camera. Deputy Dan Eggers refused to give him either. He pulled Henderson aside.
“I think that what (the deputies) felt was you were interfering with someone’s privacy that was having a medical mental health breakdown,” Eggers said, as heard on another recording Henderson made. “They felt like you were being a ‘buttinski’ by getting that camera in there and partially recording what was going on in a situation that you were not directly involved in.”
[...]
Beck, representing Little Canada, said Tuesday that any allegation that Henderson’s video was deleted is false.
Kirtley said the seizure and alleged erasure of the recorded material “raises significant Fourth Amendment issues for him …The seizure here was not to preserve the evidence — it was to destroy the evidence.”
While it is quite possible Henderson was not recording at the time, it does seem far more likely that the officer, a 30+ year veteran of the force, deleted the file. Even if that were not the case, the seizure of the camera and the reasons provided are not only malarky but also out and out illegal. Officers need to be made better aware of the laws as they have always existed and how their role as public safety officials allow their actions in public to be recorded and distributed. This sort of nonsense, which happens frequently across the country and even spawns poor, misguided and illegal attempts at mitigation law, needs to stop.
What do you think about this one? Do you believe the officer deleted the video after the camera was confiscated? Do you think this has to do with her time on the force or do you think even new officers would do this? Do you think officers should be better trained in what is and is not illegal? Whatever you have to say about this one go ahead and comment on as I’d love to hear your thoughts.
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January 9th, 2013 at 8:51 am
Law enforcement conduct when it envolves bystanders of a police action and/or someone simply walking down the sidewalk is a huge topic of discussion within the criminal law community. In 2008 the FISA bill was signed into law by GWB. Ever since our 4th Amendment rights have severely eroded. As a result law enforcement conduct is evolving into what some believe is bordering on a police state.
The above article is but one example of how things are changing. If one is to dig just a little using the search term “4th Amendment cases” in a google search you end up with over 1.8MM hits. Read some of the articles and you’ll find that this incident is very mild in comparison to other police actions – “stop and frisk” in NYC for example.
Did you know that totally innocent, law abiding citizens’ coming and goings are tracked today in Minneapolis via “automatic license plate scanners?” Yes, YOU (your vehicle) are in a database in MPLS, where you parked, what street you drove on, etc., is kept in that database for who knows how long and for what reasons just because law enforcement can do it.
We need law enforcement to keep a civil society. We also need to defend our constitutional rights as citizens. Interesting times.
January 9th, 2013 at 9:00 am
I am surprised this is news. This type of police misconduct happens all the time. Many cops are bullies that feel they got mistreated as kids and now are going to get even with the world. They know they are never going to be held to the same laws that they claim to enforce.
Examples?
The cops that violated the data privacy laws got a verbal warning.
The cop that was left alone in a cell with a man that was arrested with his step daughter and after leaving the cell, the handcuffed man was laying in a pool of his own blood, got acquitted. Read it here: http://www.twincities.com/localnews/ci_22327028/st-paul-pay-30k-man-who-said-off?IADID=Search-www.twincities.com-www.twincities.com
The cop who violently kicked a suspect http://www.twincities.com/localnews/ci_22327272/cop-kicking-video-minneapolis-prosecutors-review-st-paul
The Hastings cop that was always in trouble gets to work his final year at a desk to get better retirement http://www.startribune.com/local/south/186085781.html?refer=y
These are just a few examples from recent memory. And these are the only ones that made it to the papers. Think of all the instances that go unreported.
On the other hand, if someone messes with a cop, the cops unleash a dose of hell on the offender. For example, the guy that created a phony facebook page about a cop is looking at felony charges http://www.twincities.com/localnews/ci_22332064/west-st-paul-man-faked-deputys-facebook-page
I am sure the cops will ease up on the abuse once they have all our guns.
January 9th, 2013 at 9:19 am
OK, I’m not going to make the leap to a national Police State. But….
I almost spit my coffee all over the place with laughter when I read “Data privacy HIPAA violation”. The Pioneer Press covered that angle. F**king ridiculous.
What can you really say here? It’s pretty clear these officers need a good refresher training IF we are getting an accurate portrayal of the situation.
I am often shooting (still photos) police officers doing their jobs and I’ve had incredibly positive interactions with most (neutral with the rest). This includes both local (Minneapolis and St. Paul police mostly) and a number of different situations in places like Washington DC. What these guys (Little Canada) are really doing is making their department look stupid in comparison to the profession.
I hope this guy presses the issue. I would especially be interested to see him take his camera to a data recovery company. I’m mostly familiar with digital still photos (DSLR), but I understand it’s pretty easy to retrieve “deleted” files.
January 10th, 2013 at 9:20 am
I think the most shocking thing about this whole situation is finding out that Little Canada has a police force.
Isn’t the extent of the whole city just a 3 mile stretch of Rice street between 694 and 36?
January 10th, 2013 at 9:26 am
Technically not a “police force”…the proper term is “Little Mounties”.
January 10th, 2013 at 9:37 am
The first time I read the article, all I could think about was the two cops in the original “The Hangover” movie who got their car stolen and were trying to save face by acting all bad ass.
January 10th, 2013 at 2:46 pm
Sort of sad to see this wasn’t more popular. We’re watching our rights erode away.
January 10th, 2013 at 2:59 pm
Pretty easy to tell if videos have been deleted. I’d hire a forensic expert and follow up. Unfortunately – I don’t trust police. Wish it wasn’t that way and try to see the other side – but can’t. Just hear too many stories and I’d rather be wary than a victim. The response to this from cops is “Yeah – hate us till you need us.” That’s right! I don’t trust you. I will call you if my house is robbed because THAT’S YOUR JOB – DUMMY! If you don’t like it – find a new profession. The alternative is that I hunt down the person that robbed my house and likely break laws myself. So – I’m left with no alternative but to call you. The fact that I don’t trust you is irrelevant.
January 10th, 2013 at 7:32 pm
Not too many posts because many agree with what’s already been stated. The police officers are in the wrong. The Police department is in the wrong. So what does someone do next other than go to court. How many times do police officers need to be slapped and told that the law is this, so enforce that law. Probably as many times as they’ll pretend you never told them that, so they can pick whatever law they want. I really don’t know why this crap is allowed, yet it is. All you good police officers out there, this police department is making you all look very bad. Why don’t you do something about that?