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NYPD Return Seized Camera Equipment of N.Y. Times Photographer

August 13th, 2012 by Justice Warren and tagged , , , , , ,

The New York Police Department (NYPD) on Friday returned the camera equipment of a New York Times photographer who had his equipment seized following his arrest on August 4th.

Robert Stolarik, who was arrested on charges of obstructing governmental administration and resisting arrest while photographing police activity on assignment, said, “My cameras were returned to me on Friday at 3:30. Getting my gear back is the first step in returning to some normalcy. The next things for me will be getting the charges dropped and having my credentials returned to me.”

The return of the seized equipment came days after the National Press Photographers Association (NPPA) sent a letter to Deputy Commissioner Paul J. Browne of the NYPD that objected to the rough treatment and arrest of Stolarik and requested that his equipment be returned to him.

“Mr. Stolarik’s equipment and credentials must be returned immediately,” said Mickey H. Osterreicher, general counsel for NPPA, in his letter to the NYPD.  “We believe that the seizure and alleged destruction of his equipment not only violates his First, Fourth and Fourteenth Amendment rights but may be considered a form of prior restraint and a violation of the Privacy Protection Act of 1980, specifically enacted to protect against the search and seizure of a journalist’s work product.”

Osterreicher also sent a letter to the editor  which was published by the NY Times on that same Friday morning, in which among other things, the NPPA attorney urged “the New York Police Department to work with us to improve training and supervision for its members starting from the top down .”

Upon learning of the equipment’s return Osterreicher said, “While I am pleased that Robert has his cameras back, this incident, like so many others around the country should never have happened in the first place.” “Had officers just let him do his job this would be a non-story,” he added.

Today Stolarik met with officers from the NYPD Internal Affairs Bureau, who were following up on his complaint. That is also the reason that word of the equipment return was not announced until now. George Freeman, a lawyer for The Times, said “we hope the IAB will objectively investigate this case, because we are fully confident that if they look at the facts, they will find that the officers who blocked, intimidated and assaulted Mr. Stolarik acted inappropriately and violated NYPD guidelines.” He also added, “we hope that those officers ultimately will be disciplined not only to punish them for their wrongdoing, but also to send a well-needed message to the rest of the force that interfering and beating on the press while they are doing their jobs simply won’t be tolerated.”

Posted in Access, Assault on Photographers, Attack Photographers, Cameras, DCPI Paul Browne, First Amendment, Legal, National Press Photographers Association, New York TImes, News Photography, Newsgathering, photographers, Photographers' Rights, photojournalism, Robert Stolarik | 51 Comments »