*******UPDATE – See reply from Philadelphia Police Chief Charles H. Ramsey.
******* UPDATE – See attached Philadelphia Police Commissioner’s Memo dated 9-23-11 regarding Photography and Recording of Police Officers While Performing Official Functions in Public Places. Clearly the officers involved in this incident violated that policy.
The NPPA sent a letter to Philadelphia Police Commissioner, Charles H. Ramsey seeking the dismissal of all charges against Temple University photojournalism student Ian Van Kuyk. Mr. Van Kuyk was arrested on the night of March 14, 2012 outside his residence while taking pictures of uniformed Philadelphia police performing a routine traffic stop. In addition to the dismissal of all charges, the NPPA also requested that the incident “be fully investigated with commensurate disciplinary measures for the officers involved.”
Mr. Van Kuyk, who was with his girlfriend (also arrested) said he never came closer than ten feet (10’) to the scene when he was ordered back, voluntarily backed up and was at least thirty feet (30’) away when a uniformed police officer approached Mr. Van Kuyk in an aggressive manner demanding that he stop taking pictures. Mr. Van Kuyk politely told the officer that he was a Temple University photojournalism student and also that he was within his rights to be taking photos on a public street.
Without provocation the officer then began pushing and shoving Mr. Van Kuyk. In response to Mr. Van Kuyk’s statement that his rights were being violated in a public domain the officer is alleged to have responded “Public domain, yeah we’ve heard that before!” whereupon he threw Mr. Van Kuyk to the ground and began pushing his face into the sidewalk. In order to avoid having the camera (which he announced was school property) damaged during this assault by your officer Ms. Feighan attempted to retrieve it from Mr. Van Kuyk’s hand but was also taken to the ground by another officer. They were then both handcuffed and placed in patrol cars.
He is charged with five (5) offenses (four (4) misdemeanors and one (1) felony): Obstructing Justice, Resisting Arrest, Hindering Apprehension and two (2) counts of Disorderly Conduct. Ms. Feighan, who originally was at the same station was later taken to a different station where she was detained for more than eighteen (18) hours. Neither of them were told the names of the officers involved, nor did they receive a copy of an accusatory instrument. Ms. Feighan’s preliminary trial was held on March 20th (less than a week after the incident) and Mr. Van Kuyk’s is scheduled for April 16, 2012.
it is also alleged that at least two (2) officers came up to Mr. Van Kuyk’s window and made threatening comments to him. He was then taken to the 1st District police station where he was held for nearly twenty-four (24) hours. He was not allowed to make a telephone call for nearly eight (8) hours at which time he was told (for the first time) that he was being charged with disorderly conduct.
Upon Mr. Van Kuyk’s ROR he came to learn that he was being charged with five (5) offenses (four (4) misdemeanors and one (1) felony): Obstructing Justice, Resisting Arrest, Hindering Apprehension, Disorderly Conduct and Disorderly Conduct – Fight II. Ms. Feighan, who originally was at the same station was later taken to a different station where she was detained for more than eighteen (18) hours. Neither of them were told the names of the officers involved, nor did they receive a copy of an accusatory instrument. Ms. Feighan’s preliminary trial was held on March 20th (less than a week after the incident) and Mr. Van Kuyk’s is scheduled for April 16, 2012.
Posted in Access, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Student, students | 9 Comments »