Bloomberg killed the 1st Amendment

[since9]

Camera man is assaulted by police at 3:52. The victim's lawyer just decided to release the tape to the public.

And such a smooth voice for that law enforcement officer!

I'm going to repeat a few things with respect to law enforcement encounters, in the hopes those of you out there who put this stuff out on YouTube might take the high road with respect to professionalism:

1. Remain calm. This includes both your voice and overall demeanor. Calm does not mean compliant. It does mean friendly, or at least, professional.

2. Don't lie to cops. "I'm recording the event" when you're not following the event while instead training your camera's on law enforcement means you're recording law enforcement, not the event.

3. Do not be argumentative. The best answer to "Why are you recording me?" would be, "Well, I was recording the event, but this is much more interesting." The message is clear, though not any sort of a veiled threat: "If you hadn't come up and started interacting with me, I wouldn't be recording you."

4. Stand firm on your rights. This doesn't mean engaging in an argument. In response to "I'm not giving you permission to record me," one response might be: "As one of the two parties of this conversation, and in accordance with VC 19.2-62(B)(2) and 18 USC 2511(2)(d), Ihave given consent. No laws are being broken."

This might give him pause for thought. I doubt it. It would probably tick him off, and it's a bundle to remember. I think a better response would be, "State and federal statute require only single-party consent, and I've given that consent." If things continue, don't argue the point, just stand your ground: "My being here and videotaping is lawful, and I will continue to do both. If you prefer not to be videotaped, I understand, and I will not chase after you if you were to leave this vicinity."

5. Whether or not it's a threat, don't tell him it's a threat.

6. If they tell you videotaping is against the law, see number 1. Remain calm. See number 4 and calmly state "I am violating no city, county, state, or federal law."

7. If they continue to harass you, don't accuse them of harassing you. Just say, "Officers, I was standing here minding my own business when you approached me. Please leave."

YES. You CAN ask an officer to leave. In fact, if he doesn't, and he has no PC or RAS to continue interacting with you, then you have grounds to file an harassment suit against him/her.

You will not have such grounds if you continue to engage them in argumentative dialogue! By responding to them in kind, you are "inviting" them to continue their behavior.

Behavior-deflection is a critical tool. Law enforcement not only knows how to do this, but they also know how to engage and remain engaged with a "person of interest." It's what they live for. If you come across as an instigator of these sorts of events, you're stepping into the ring, so to speak.

I've interacted with law-enforcement on several occasions, usually while armed, and I've never been sidelined like this. I think one of the reasons is that I never adopt an adversarial role or relationship with them (or anyone else). On two such occasions things started out that way by error, and since my goal is collaboration, the role was quickly flipped, and off we all went on our separate ways.

If I could boil it down to one thing, it would be: Be professional. Stop and think before speaking or reacting, and maintain your calm at all times. Most law enforcement officers can spot that a mile away. They work with and for professionals, and respect citizens who know how to behave professionally.

As a professionally, I'd have given a rat's butt with respect to capturing the parade. I would not have turned off my camera, and would have politely reminded the officer "one-party consent is all that's required under Virginia and federal law." If he'd insisted, I would have respected his request, but would have then released the video to pretty much the entire chain of his superiors along with a gentle reminder of the applicable laws, and request they contact me within one week of receipt (sent return receipt required, of course) with an official apology.

If they didn't apologize, THEN I'd throw the entire thing onto YouTube. Not only is it my right as a citizen, but it's my duty as a citizen to highlight and uncover corruption which refuses to un-corrupt itself when given the chance.

 

[HandyHamlet]

If I could boil it down to one thing, it would be: Be professional. Stop and think before speaking or reacting, and maintain your calm at all times. Most law enforcement officers can spot that a mile away. They work with and for professionals, and respect citizens who know how to behave professionally.

Your armchair assessment may be spot on. No disrespect meant. But that's not how it works in the real world.

Often cops will attack from a blind spot. Literally and figuratively. Not like so many of these citizen videos show. Where the altercation slowly builds. They attack as the camera is lowered from the eye. They assault verbally and mercilessly while physically backing the surprised photographer into a wall, corner, up against a tree, they surround you. I'm here to tell you no matter how mentally prepared you are, how many years you have been doing this, or how many times you have been attacked by the police... Your first instinct is to fight back. There is no time to think, that's the whole reason the cops engage in sneak attacks. To maintain the upper hand while keeping the victim off balance.

"Professional" is not an option. Survival mode is first. Professionalism only comes into play during damage control after the attack.

 

[since9]

Your armchair assessment may be spot on. No disrespect meant.

None taken.

Your first instinct is to fight back.

Professionalism is largely about training. Training is largely to designed to overcome some instinctual responses while highlighting others. For example, panic is one instinctual response when one finds themselves overwhelmed. While going through the aviation training pipeline, we were given progressively more complicated tasks, and at faster paces. The continual challenge, practice, and success results in a very low degree of panic when thrown into an overwhelming situation. Similarly, some instincts, such as being able to control one's adrenaline response, allows us to "ride the wave" and accomplish a great deal in mere seconds, but in a controlled fashion.

There is no time to think...

You're absolutely correct. This is why training is so important, as it relegates conditioned responses to the lower brain, freeing one's higher brain to do whatever thinking can be done.

...that's the whole reason the cops engage in sneak attacks. To maintain the upper hand while keeping the victim off balance.

If they're going for a take-down, yes. One's best bet is to avoid fitting their profile of "bad guy." Being a professional is our responsibility. Calm, cool, collected, while still being friendly, even in the face of superior fire and legal power.

"Professional" is not an option.

Sure it is. Moreover, it's vital.

Survival mode is first.

When cops take you down, acting instinctively will get you taken down harder, might result in a beating, and could result in bodily harm, maiming, or death, not to mention charges like resisting arrest, aggravated assault, etc. Professionalism will help you maintain an upper hand, or at least parity with the officer(s), and will minimize the damages.

Professionalism only comes into play during damage control after the attack.

Professionalism controls damage by reducing the likelihood of it in the first place. It's also beneficial after the attack.

 

[okboomer]

So, what were the UNIFORMED police doing in an UNMARKED vehicle PHOTOGRAPHING the marchers? I would say that is worth a second look for sure!