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nrthshgrl
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Woman Arrested for Videotaping Police From Front Yard
Questions are still lingering about a local woman who was arrested while videotaping a traffic stop.
Emily Good was charged with obstructing governmental administration. Officers say she refused the police officer's order to leave her front yard and go inside.
The fundamental question being debated here is this -- should she have been forced to follow a police officer's order or was she lawfully within her rights to remain on her front lawn?
It started with that back-and-forth between a Rochester Police officer and a city resident. Within three minutes, the woman videotaping this traffic stop from her front lawn found herself in handcuffs, refusing the officer's order to go inside.
The woman behind the camera is 28-year-old Emily Good who now faces a misdemeanor charge of obstructing governmental administration.
“The video's going to speak for itself. People can watch it and draw their own conclusions." Stephanie Stare is Good's attorney. She tells I-Team 10 she has already filed a motion to have the charge thrown out. “Basically the grounds for the motion to dismiss are that her actions did not rise to the level of a crime. It doesn't fit the statutory elements of obstructing governmental administration."
Since I-Team 10 first reported this story 24 hours ago, we have heard from many viewers -- some praising Good's rights, others backing the police.
Rochester Police Union President Mike Mazzeo has seen the video and points out that the officer in question repeatedly told Good he felt threatened by her presence. "I see an officer using great restraint, maintaining composure, acting professional, clearly giving very clear and concise orders to an individual who just simply didn't comply.
Mazzeo says what can't be ignored is the danger police find themselves in on a daily basis and says the fact that she's on her property is insignificant. "I think she was certainly trying to engage the officers, in my opinion, and that's what's so dangerous because it's a distraction to what these officers are doing."
The police chief has ordered an internal investigation of the incident and today Mayor Tom Richards weighed in, expressing confidence the probe will be done fairly and fully.
Stare says what it all boils down to is this. “Lawful orders should be obeyed. I think the question is whether or not it was a lawful order."
What is not seen is any verbal exchanges between the woman and the police officer before she begins recording.
Mazzeo says the officer told him Good claimed to know the man that was being frisked in the video. He says because she claimed to have an association with the man, the officer had further reason to be concerned about her demeanor.
The police chief and the mayor have pointed out that no formal complaint has been made by Good to the city. Her attorney says it’s because Good has been researching a possible civil claim – something she expects will be filed in the near future. You Tube Video
Thoughts?
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Posted 6/24/11 5:41 AM |
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twicethefun
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Re: Woman Arrested for Videotaping Police From Front Yard
Personally I would think its a violation of rights to video tape anyone without their permission....whether it be a good upstanding citizen, a criminal or a cop. I am also against nanny cams in secret though.
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Posted 6/24/11 5:54 AM |
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smdl
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Re: Woman Arrested for Videotaping Police From Front Yard
The cop felt "threaten" by a video camera??? Really??
I think she was "documenting" the whole scene and he did not want any evidence.
I do think it was a power struggle for the cop.
She had no weapon. Just taping him on HER property.
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Posted 6/24/11 6:06 AM |
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MrsA714
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by twicethefun
Personally I would think its a violation of rights to video tape anyone without their permission....whether it be a good upstanding citizen, a criminal or a cop.
I would think so too.
What if the situation was a little different? What if she was standing on her lawn videotaping her neighbors kids running around and playing? She's on her property but would that be ok? Wouldn't be with me. I don't know if she needed to be arrested or not but then again, I'm the type of person that if asked to do something (reasonable of course) by a law enforcement official, I'm most likely going to do it.
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Posted 6/24/11 8:58 AM |
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MDF
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Member since 5/05 2313 total posts
Name: Melissa
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Re: Woman Arrested for Videotaping Police From Front Yard
I agree with the PP. I would not want someone just sitting there filming my kids. The Cop did ask her multiple times before saying she would be arrested. It's a distraction to the job they were doing. She could of easily avoided the situation by going in her house and if she could of kept recording from in there. Also if it's a rough neighbor hood it could of been for her own protection. What if the person they were patting down all of a sudden freaked and pulled out a gun? Just my opinion on this.
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Posted 6/24/11 9:04 AM |
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neener1211
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Re: Woman Arrested for Videotaping Police From Front Yard
The video is a distraction to the cop and the investigation he was doing. It has nothing to do with him trying to hide anything.
People try to distract cops all the time so that is causes them to mess up their investigations.
The officer has the authority to tell someone to go back in their house-for the safety of everyone around.
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Posted 6/24/11 9:07 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name: LB
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by neener1211
The officer has the authority to tell someone to go back in their house-for the safety of everyone around.
Even on their own property? I'm not disputing this at all, I just don't know the laws surrounding this.
I agree with him being able to stop her videotaping, I wonder if he asked her to do that first before telling her to go inside.
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Posted 6/24/11 9:12 AM |
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neener1211
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by headoverheels
Posted by neener1211
The officer has the authority to tell someone to go back in their house-for the safety of everyone around.
Even on their own property? I'm not disputing this at all, I just don't know the laws surrounding this.
I agree with him being able to stop her videotaping, I wonder if he asked her to do that first before telling her to go inside.
If the guy wasn't even pat down yet...who knows if he had a gun on him or a knife etc. He could shoot an innocent bystander. The cop is protecting not only himself, but the people around him.
We have no idea what this traffic stop was about...maybe he just purchased drugs from someone and the woman was trying to distract him.
What a weird thing though...even if I knew someone, I wouldn't start videotaping their 'arrest'....unless I knew that they had something to hide.
Message edited 6/24/2011 9:26:52 AM.
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Posted 6/24/11 9:23 AM |
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Blu-ize
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Re: Woman Arrested for Videotaping Police From Front Yard
Police are trained to filter out distractions. They are allowed to drive while a cell phone is at their ear. Just a small example.
He felt threatened because he was not following protocol. It's a free country, she was on her property and it was her video camera.
I get into pictures and video all the time commuting everyday. No one stops these people from doing that. Yankee stadium people are videotaping whatever and there is no permission needed.
If it's a public place that allows video taping then I see no issue with it.
This case has nothing to it and I predict it will get dropped.
Really, this is what is tying up this officers time?
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Posted 6/24/11 9:34 AM |
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neener1211
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Member since 4/07 22952 total posts
Name: J
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Re: Woman Arrested for Videotaping Police From Front Yard
Did the officer tell her to stop taping, or just go in the house?
Why didn't she just go in the house and tape? People tape officers all the time.
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Posted 6/24/11 9:36 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name: LB
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by neener1211
Did the officer tell her to stop taping, or just go in the house?
Why didn't she just go in the house and tape? People tape officers all the time.
Maybe she wanted the audio too?
This is such a weird case. I can't imagine not listening to the officer unless I strongly felt that he was doing something wrong or abusing his power in some way, whether I am on my property or not.
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Posted 6/24/11 9:42 AM |
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MrsMaz
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by MrsA714
Posted by twicethefun
Personally I would think its a violation of rights to video tape anyone without their permission....whether it be a good upstanding citizen, a criminal or a cop.
I would think so too.
What if the situation was a little different? What if she was standing on her lawn videotaping her neighbors kids running around and playing? She's on her property but would that be ok? Wouldn't be with me. I don't know if she needed to be arrested or not but then again, I'm the type of person that if asked to do something (reasonable of course) by a law enforcement official, I'm most likely going to do it.
I agree too
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Posted 6/24/11 9:42 AM |
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acm1899
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by twicethefun
Personally I would think its a violation of rights to video tape anyone without their permission....whether it be a good upstanding citizen, a criminal or a cop. I am also against nanny cams in secret though.
This is such a gray area, but generally speaking, if you're standing in a public space, you have given up your expectation of privacy, therefore it is not illegal for someone to film you, but I'm sure the specific laws vary from state to state.
The cop issue is a touchy subject, because whatever reason the cop claims for you to turn off the camera, a court will most likely give them the benefit of the doubt.
The cop can claim that they are trying to protect the public and you're in some way interfering with that, blah blah blah.
IF you're not doing anything illegal in the filming itself, then I don't see why they have a right to tell you to stop. However, they will usually make claims such as you were blocking them from doing their job, or that you didn't have permits to film, etc.
Being defiant to a cop almost never comes out in your favor, whether you are in your lawful right or not. If I was her I would've gone inside and filmed from there.
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Posted 6/24/11 9:45 AM |
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nrthshgrl
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Re: Woman Arrested for Videotaping Police From Front Yard
I seriously doubt the police officer felt threatened. He didn't want to be videotaped.
She was on her private property (I believe you can record you can videotape on public property too as long as there is no expectation of privacy).
I have serious concerns over a government that wants to arrest citizens for recording an event in public.
I bet the charges will be dropped but will be followed up with a civil law suit. I also expect the ACLU to be on this.
Message edited 6/24/2011 9:57:32 AM.
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Posted 6/24/11 9:56 AM |
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imyself
Member since 10/06 2938 total posts
Name: me
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Re: Woman Arrested for Videotaping Police From Front Yard
Personally if I was a cop I would not want to be videotaped or photographed. Maybe he also does work undercover or has hopes too. He doesn't need his face plastered across YouTube. I don't think people should be able to tape cops. It can put their lives and the people they work with in danger.
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Posted 6/24/11 10:19 AM |
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LightUpOurLife
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Name: Bonnie-Jean
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by nrthshgrl What is not seen is any verbal exchanges between the woman and the police officer before she begins recording.
Then I can't make an informed decision of what is right or wrong.
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Posted 6/24/11 10:26 AM |
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Lina
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Member since 5/10 2559 total posts
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by neener1211
The video is a distraction to the cop and the investigation he was doing. It has nothing to do with him trying to hide anything.
People try to distract cops all the time so that is causes them to mess up their investigations.
The officer has the authority to tell someone to go back in their house-for the safety of everyone around.
Well said
ETA: after now watching the video I feel the police did nothing wrong and she was looking to start trouble from the beginning... "Im just in my yard taping what you are doing, it's my right"... come on! Some people just have it out for the police, trying to make them out to be the bad guys. The police were concerned for their safety as well as hers. DH in LE and if he were in the same situation I would expect him to do the same thing. I really hope that the charges stick! I'm sure she will try to file a lawsuit, lets hope she doesn't win that either!
Message edited 6/24/2011 10:49:45 AM.
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Posted 6/24/11 10:39 AM |
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Aries14
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Re: Woman Arrested for Videotaping Police From Front Yard
A lot of time "routine traffic stops" can be the most dangerous to cops. I cant tell you how many cops have said that some of their scariest moments on the job has been during these routine stops. You never know who or what you are going to encounter when you get out of your car.
With that said, I think this officer did everything right! He asked her to go back inside, told her he felt threaten by her being there and warned her that she would be arrested if she did not comply with his order! And the fact that she said she knew the guy and she was trying to engage with the officer makes it even more of a distraction.
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Posted 6/24/11 10:45 AM |
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Pomegranate5
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by nrthshgrl
I seriously doubt the police officer felt threatened. He didn't want to be videotaped.
She was on her private property (I believe you can record you can videotape on public property too as long as there is no expectation of privacy).
I have serious concerns over a government that wants to arrest citizens for recording an event in public.
I bet the charges will be dropped but will be followed up with a civil law suit. I also expect the ACLU to be on this.
ITA.
I am surprised that a cop can tell someone where they are allowed to stand on their own property.
Message edited 6/24/2011 10:51:09 AM.
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Posted 6/24/11 10:49 AM |
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MeganMylo
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by nrthshgrl I have serious concerns over a government that wants to arrest citizens for recording an event in public.
Yep!
I get that the cop could be made nervous by a bystander who's not cooperating, but it wasn't like he was the only office there! I would feel differently if he was alone. really? it takes 3 officers for a traffic stop? seems like arresting her was excessive .
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Posted 6/24/11 11:05 AM |
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neener1211
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by MeganMylo
Posted by nrthshgrl I have serious concerns over a government that wants to arrest citizens for recording an event in public.
Yep!
I get that the cop could be made nervous by a bystander who's not cooperating, but it wasn't like he was the only office there! I would feel differently if he was alone. really? it takes 3 officers for a traffic stop? seems like arresting her was excessive .
If there were 3 officers, perhaps there was a bigger reason why they were stopping this person in the first place. You don't normally have 3 officers show up for going through a red light. But you'd have 3 officers show up if they thought they needed help with a bigger situation. And in that case, why would you want to be on your front lawn in the middle of something potentially dangerous?
To me, seems like she was just trying cover her friend's butt/or distract them from something she knew her friend could have done.
I'd be interested to see how this turns out.
Message edited 6/24/2011 11:14:44 AM.
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Posted 6/24/11 11:13 AM |
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acm1899
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by smdl
The cop felt "threaten" by a video camera??? Really??
Thank goodness this cop doesn't work in a rough urban neighborhood or in any major city where there can be literally hundreds of people standing around watching and recording what goes on. If this had been in Times Square, was the cop gonna be paying attention to every single person gawking? This was totally a power struggle.
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Posted 6/24/11 11:17 AM |
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twicethefun
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Re: Woman Arrested for Videotaping Police From Front Yard
This cop is being videotaped arresting a member of the community for committing a crime. He has to continue to work in the community where he may now be recognized and harassed because he was recognized a some you tube video...or maybe even being recognized in his own community, where his kids go to school. With the job there is a certain amount of anonymity that people prefer to have. Some cops do not want neighbors to even know their profession for a variety of legit reasons. So you would not mind if some stranger video taped you doing your job, without your permission?
Message edited 6/25/2011 11:06:20 PM.
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Posted 6/25/11 11:04 PM |
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Re: Woman Arrested for Videotaping Police From Front Yard
Posted by smdl
The cop felt "threaten" by a video camera??? Really??
I think she was "documenting" the whole scene and he did not want any evidence.
I do think it was a power struggle for the cop.
She had no weapon. Just taping him on HER property.
I agree, there were 2 other cops on the scene..there's no reason for them to feel "unsafe", I saw the clip and think the cop is just angry that he was videotaped and felt like putting the woman in her place. I will be watching to see how far this case goes because police misconduct is something I think needs to be checked constantly.
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Posted 6/25/11 11:20 PM |
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mosa77
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Re: Woman Arrested for Videotaping Police From Front Yard
when i first read it I was thinking that the police were wrong but after seeing the video I believe she was in the wrong and they had the right to arrest her.. they never told her she needed to stop videotaping they told her to do it from inside her house I dont blame them it was dark out and she was behind them and she stated she knew the person so I can see how a cop would be threatened by that he doesnt know if she is going to try and get involved and "defend" her friend in some way she was asked and warned numerous times her rights were not viloated she was really in my opinion just trying to cause trouble with her attitude
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Posted 6/25/11 11:35 PM |
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