July 17th, 2013 by and tagged Arrest, Detroit Free Press, free speech, phone, police officers, public street
NPPA General Counsel Mickey Osterreicher says Detroit Police may have violated a local news photographer’s rights when they arrested her after she attempted to film officers on a public street.
In a letter to Detroit Police Chief James Craig today, Osterreicher also expressed concern over the unlawful seizure of Mandi Wright’s iPhone. “Alleged behavior that chills free speech and violates protections against unreasonable search and seizure under color of law is of great concern to us,” Osterreicher said, adding that the apparent disappearance of Wright’s SIM card was equally troubling.
Video of the incident shows Wright filming a suspect being taken into custody. A man in plainclothes notices the journalist and rapidly approaches her while demanding she “back off.”
Wright immediately identifies herself as a member of the press, to which the man responds “Ok. I don’t care who you are.”
The man, purported to be a plainclothes DPD officer who never identifies himself in the video, confiscated Wrights phone after a brief struggle. Wright was then arrested. She says at the time, she had no idea the unidentified man was law enforcement.
In his letter to Chief Craig, Osterreicher noted that an increasing number of photographers are being unlawfully interfered with, detained, or arrested by police. “In any free country the balance between actual vigilance and over-zealous enforcement is delicate,” he said. “It may be understandable that law enforcement officers have a heightened sense of awareness after pursuing an armed suspect – but that is no excuse for blatantly violating a person’s First Amendment rights.”
DPD says an internal investigation into the circumstances surrounding the arrest is ongoing. Wright has not been charged with a crime.
The NPPA has offered to help the Detroit Police Department develop reasonable and workable policies, practices and training in order to avoid similar situations.
For more on the importance of the right to photograph in public, read this article written by Osterreicher and recently published in the National Sheriff Association Magazine. He also presented a training session at their national convention in Charlotte, NC about the importance of the right to photograph and record in public.
Posted in confiscated, First Amendment, First Amendment rights, Legal, National Press Photographers Association, News Photography, NPPA, photographers, Photographers' Rights, photojournalism, Uncategorized | No Comments »
August 23rd, 2012 by Alicia Calzada and tagged Arrest, first amendment, journalism, journalist, law, Legal, Mickey Osterreicher, national press photographers association, NPPA, NYPD, photographers, photography, photojournalism, photojournalist, police, police relations, Press Credentials
Today (8/23/12) the New York Police Department (NYPD) returned the press credentials of a New York Times photographer who had his equipment and credentials 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 two weeks ago. Getting my gear back was the first step and now I have my credentials. The next part of this process will be getting the charges dropped.”
The return of his credentials was a result of the efforts by National Press Photographers Association (NPPA) general counsel, Mickey H. Osterreicher and New York Times attorney George Freeman, who expressed his satisfaction with “such a great result.” Osterreicher who negotiated with NYPD legal staff said, “We are very appreciative that the NYPD reconsidered their position with regard to the return of Robert’s credentials but still believe it is unfortunate that they were taken in the first place and we will work very diligently to see that the charges are dismissed.” “We hope the department uses this incident as a teachable moment in improving police-press relations in NY,” Osterreicher added.
The return of the seized equipment on August 10, 2012 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.
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 .”
Posted in Assault on Photographers, confiscated, First Amendment, Fourth Amendment, Fourth Amendment rights, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NYPD, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Robert Stolarik | No Comments »
August 10th, 2012 by Advocacy Intern and tagged Access, Arrest, first amendment, free speech, journalism, Legal, Mickey Osterreicher, national press photographers association, NPPA, photography, photojournalism, photojournalist, police, police relations, recording
The American News and Information Services (ANIS) filed a Complaint Wednesday in federal district court seeking redress for the repeated violation of the First Amendment rights of an ANIS employee by San Diego City and County government officials.
The complaint alleges that San Diego law enforcement exhibited a pattern of First Amendment rights violations by giving law enforcement officers excessive discretion to prevent access to and recording of public safety activity. It also alleges that the pattern is further evidenced by the San Diego Police Department’s (SDPD) exclusive authority to issue media credentials and the retaliatory actions taken against those who attempt to exercise their right to record.
“The SD Defendants, despite a revolution in access to news brought on by rapid technological advances, still seek through the use of government-issued press credentials control of the message through control of the messenger,” the complaint states.
James C. Playford, a National Press Photographers Association (NPPA) member who began work for ANIS after the SDPD refused to renew his press credentials, has been arrested four times since 2010 while attempting to cover public safety activities. Three of those arrests resulted in the seizure of Playford’s equipment and raw video. A photo and physical description of Playford was also allegedly disseminated to San Diego law enforcement identifying him as an individual prohibited from access to public safety activity.
San Diego law enforcement agencies have come under fire recently due to repeated arrests of photojournalists. The NPPA sent a letter to the SDPD and along with one from the American Civil Liberties Union of San Diego and Imperial County (ACLU) which they referenced on their website, requesting an end to police interference with photojournalists’ rights to record events occurring in public. Wednesday’s letter was NPPA’s third letter to San Diego law enforcement this year concerning the rights of photojournalists.
“While the press may not have any greater access rights than the public to these incidents, they have no less rights either,” said Mickey H. Osterreicher, general counsel for NPPA, in his letter to the SDPD. “Unfortunately a number of your officers have abused their discretion in limiting those press rights and then have detained and arrested our members when questioned about such discriminatory acts.”
In the most recent media controversy, NPPA member and freelance photojournalist Edward Baier was arrested on July 20th by the SDPD and charged with interfering with a police officer, though Baier claimed he was attempting to film from private property with the owner’s permission. Baier said he was tackled by two officers during the altercation, causing him injuries requiring medical attention.
Baier’s arrest was his second this year by the SDPD. In January, police told Baier to move away from the scene of a drowning, though the public was allowed to remain inside of the police tape. When Baier protested, he was arrested and charged with resisting arrest. The arresting officers later added two counts of assaulting an officer.
The NPPA sent a letter to the SDPD in January objecting to Baier’s arrest, and later sent a letter to the Office of the City Attorney requesting that Baier’s charges be dropped.
“The reliance by your officer to question, detain, interfere with, arrest and seize the property of someone engaged in a lawful activity under color of law is reprehensible,” Osterreicher said in his January letter to the SDPD. “At best, behavior that chills free speech and unreasonably seizes property is extremely unprofessional, at worst it is criminal.”
Posted in Access, ACLU, ACLU of Dan Diego & Imperial County, Assault on Photographers, Attack Photographers, confiscated, First Amendment, First Amendment rights, Lawsuit, National Press Photographers Association, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Recording Police, San Diego Police Department, SDPD | No Comments »
April 9th, 2012 by Mickey Osterreicher
UPDATE – April 10, 2012 ************
Due to the emergency situation in Suffolk County caused by wild fires we have decided to reschedule the filing of the lawsuit and press conference against the County. Our thoughts and prayers go out to all the brave men and women who are working tirelessly fighting this fire.
Unless the emergency situation continues, the press conference is now scheduled for Wednesday, April 11, 2012. We will confirm and update as to time and location as soon as we have more information on the fire.
Thank you for your patience and understanding.
April 9, 2012 — Tomorrow at 9:45 a.m. in Central Islip, the New York Civil Liberties Union, the law firm of Davis Wright Tremaine, LLP, and the National Press Photographers Association will hold a media availability to announce a legal action regarding Suffolk County’s policy and practice of obstructing the First Amendment right of the press and the public to record and gather the news about police activity in public places.
The legal action concerns a July 2011 incident in which professional video journalist Philip Datz was unlawfully arrested and detained by Suffolk County police while filming police activity on a public street in Bohemia, NY.
Mr. Datz, Attorney Robert Balin, a partner with Davis Wright Tremaine, and NYCLU Suffolk County Chapter Director Amol Sinha will be available for interviews tomorrow starting at 9:45 a.m. at the NYCLU Suffolk County Chapter’s office, which is located at Touro Law Public Advocacy center, 225 Eastview Drive in Central Islip. Mickey Osterreicher, NPPA General Counsel will be available by telephone 716.983.7800.
Posted in Access, confiscated, Davis Wright Tremaine, False Arrest, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, Lawsuit, Legal, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYCLU, photographers, Photographers' Rights, photojournalism, Police, Recording Police, Robert Balin, Sgt. Michael Milton | No Comments »
March 30th, 2012 by Mickey Osterreicher
In January of this year Stephen Horrigan, an NPPA member was charged with felony eavesdropping and misdemeanor obstruction for using his cellphone to record a traffic stop by police officers in North Port, Florida. Horrigan came out of his nearby home to see what was going on and determine the newsworthiness of the situation. For doing nothing more than that, as he stood with other members of the public, he ended up spending a night in jail while facing a five year prison term if convicted on the eavesdropping charge. Adding insult to injury the police seized his phone as “evidence” and held it until recently.
On January 30. 2012 NPPA sent a letter to North Port Police Chief Kevin Vespia, strongly objecting to “the treatment and arrest of NPPA member and freelance photojournalist Stephen P. Horrigan.” The letter went on to state “in addition to the arrest, the fact that Mr. Horrigan’s camera was unlawfully seized is also extremely troubling. We believe that his video of the incident will show that officers acted in an arbitrary, capricious and unprofessional manner and appeared to have no concept of the First and Fourth Amendment rights granted under the United States Constitutions as well as similar protections provided by Florida law.” The letter concluded with the request “that the charges against Mr. Horrigan be immediately dropped; that his equipment and any recordings made by him be immediately returned; and that this incident be fully investigated. We further request that your department immediately issue orders directing officers to cease such activity and also that your department implement revised training for all officers regarding these matters.”
This case was covered extensively in the press by Billy Cox of the Sarasota Herald-Tribune and Carlos Miller of Photography is Not a Crime. As a justification for trampling on the rights of a citizen they produced a Probable Cause Affidavit and also referred to “a legal guideline that our officers have read and discussed during roll call. The issue here is not the video portion but the audio portion. This is the current guideline we use for cases like these. The guideline was issued by the legal counsel of the Palm Beach County Sheriff’s Office and permission was granted for distribution,” according to North Port Police Captain Robert Estrada, in an email.
After reviewing that “January 2010 North Port Police Bulletin #10-12” along with a Law Enforcement News Letter the NPPA sent a scathing email back to Captain Estrada and Chief Vespia citing cases and correcting the misinformation provided in the bulletin concerning the circumstances under which there may and may not be a “reasonable expectation of privacy.” Although there had been some positive dialogue between NPPA and the North Port Police there was no response to the email or even acknowledgement that it had been received.
In February an attorney from the Florida ACLU, Andrea Mogensen agreed to represent Mr. Horrigan, who as of March 11, 2012 had still not heard from the State Attorney’s Office (SAO) as to whether they planned to move forward on the original charges. On March 13, 2012 the Herald-Tribune printed a column by Eric Ernst supporting Horrigan’s’ position. Shortly thereafter Horrigan filed (on his own) a Motion for Hearing: A Plea for Relief from Prior Restraint seeking the return of his smartphone, battery and memory card, and alleging, among other things that the seizure of those items violated the First Amendment to the U.S. Constitution and Article I, Section 4 of the State of Florida Constitution as being a form of prior restraint on his ability to publish that material. He also asserted that as the operator of “a web-site news-gathering ‘blog’ and dues paying member of the National Press Photographers Association” he may not have any greater rights under the First Amendment than the public but that he enjoyed no less right because of it.
A week later a detective came to his house at 7am to tell him that he could pick-up his phone at the evidence room. In utter surprise he found that the video had not been deleted, although he believes that it had been viewed or copied. He posted it on YouTube for everyone to see. So far it has over 4,200 hits. The Herald- Tribune posted an editorial urging police, prosecutors and legislators to improve their guidelines, training and practices and also revise the eavesdropping statute.
Yesterday the SAO declined to prosecute and dropped the charges, noting in a memo that the people could not meet their burden of proof beyond a reasonable doubt and also questioned whether the officer had an expectation of privacy in this instance. As for the “resisting, obstructing, or opposing an officer without violence charge,” State’s Attorney Eric Werbeck concluded that Horrigan did not meet any of the elements constituting that crime either.
While the NPPA is gratified to see that prosecutors had the common sense to drop these charges (as has happened in almost all such cases around the country) it is too bad that the North Port police did not use the same good judgment. As is often said in police parlance “we can do this the easy way or the hard way.” The latter choice resulted in six-figure settlements in two recent cases. Once again, it appears that police ignorance and arrogance concerning constitutional rights may result in another costly combination, ultimately born by taxpayers who can ill afford it.
In a late-breaking development Ms. Mogensen announced in a press release that she has filed a notice with the City of North Port claiming monetary damages in excess of $200,000.00 based upon false arrest, retaliation for the exercise of First Amendment rights, and malicious prosecution.
Posted in Access, confiscated, detained, False Arrest, First Amendment, First Amendment rights, Florida, FLorida ACLU, Fourth Amendment, Fourth Amendment rights, Lawsuit, Legal, Malicious Prosecution, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Forum, Public Photography, Reasonable Expectation of Privacy, Recording, Recording Police, retaliation for the exercise of First Amendment rights, Search and Seizure, video cameras | 2 Comments »
February 6th, 2012 by Mickey Osterreicher
The National Press Photographers Association (NPPA) has submitted comments to the Illinois General Assembly in support of House Bill 3944. Spoinsored by Rep. Elaine Nekritz, the proposed legislation (among other things) “amends the Illinois Criminal Code andÂ exempts from an eavesdropping violation the recording of a peace officer who is performing a public duty in a public place and speaking at a volume audible to the unassisted human ear.”Â
The current Illinois Wiretap Law makes it a felony (with a penalty of up to 15 years in jail) to audioÂ record a police officer in public without consent regardless of whether a reasonable expectation of privacy exisited.
The NPPA is extremely concerned that the criminal penalties under the Illinois Eavesdropping Act, 720 ILCS 5/14 (â€œthe Actâ€), as applied to the audio recording of police officers, has created a chilling effect upon free speech and a free press, particularly for photojournalists, who by the very nature of their profession must operate on the front lines of news, in the middle of sometimes highly charged situations.
NPPA joined in the amicus curiae brief in ACLU v. Alvarez, submitted by news organizations in support of the ACLU position seeking a declaratory judgment and a preliminary injunction against the application of the Act because it violates the First Amendment. Regardless of the Seventh Circuit decision in that case, which in any event may likely be appealed, NPPA is deeply concerned that daily coverage of news events, Occupy Chicago protests and the upcoming G-8 Summit may put those seeking to record these important matters of public concern at risk because of the continued enforcement of the Act. It especially disconcerting for us to think that foreign journalists covering the Summit meeting may be subject to arrest and prosecution for doing something they understandably believe to be a Constitutionally protected right throughout the United States.
In a time of technology and terrorism, citizens and photojournalists throughout the world have risked, and in some cases given their lives, to provide visual proof of governmental activities. Sadly, what is viewed as heroic abroad is often considered as suspect or criminal at home. It is therefore incumbent upon the 97th General Assembly of the State of Illinois to immediately enact H.B. 3944.
Posted in Access, broadcasting, Cameras, cell phone cameras, Chicago, Chicago Police, confiscated, DOJ, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, G-8 Summit, H.B. 3944, Illinois, Illinois General Assemby, National Press Photographers Association, News Photography, Newsgathering, NPPA, Photographers' Rights, photojournalism, Police, Public Photography, Reasonable Expectation of Privacy, Recording Police, Regulations limiting photography, Search and Seizure, Suspicious Activity, Terrorism, video cameras, Wiretap Law | No Comments »
January 18th, 2012 by Alicia Calzada and tagged Access, edward r. baier, journalism, journalism school, journalist, Mickey Osterreicher, national press photographers association, photojournalism, police relations, san diego
Earlier this week NPPA member and San Diego freelance photojournalists Edward R. Baier was arrested while covering an incident near the San Diego River.
Reports state that Baier was on public property and complied with officers in respecting a perimeter they set up. Yet he was arrested and his camera gear was seized.
The department responded to NPPA almost immediately, with Assistant Chief Boyd Long telling Osterreicher that the equipment would be returned and that an internal investigation had been initiated. Baierâ€™s camera, tapes and other seized equipment were returned to him the next day.
After the incident Baier said, â€œif it wasnâ€™t for Mickey Osterreicherâ€™s letterÂ from theÂ NPPA I would not have had my equipment returned to me.â€ â€œI am very proud to be a member of an organization the has the legal resources available to its membership at anytime,â€ he added.
To read the letter sent by NPPA, click here: San Diego Police Letter 01-16-12-1
See also, article here.
Posted in Access, Cameras, confiscated, First Amendment, First Amendment rights, Legal, National Press Photographers Association, News Photography, Photographers' Rights, photojournalism, Public Photography | 1 Comment »