Police harassing and intimidating photographers, once again
This is one of the worst abuses I have ever seen of police abusing their authority to silence those who film them. An Orange County Sheriff's Deputy (near Los Angeles) uses the excuse of the privacy of a person being arrested, to harass and intimidate a man peacefully filming this arrest, from his car.
He is parked and not engaged in active operation of the car. The deputy even thinks that the man filming might be plotting some kind of strange murder as part of the filming. No, he is filming because police all too frequently resort to illegal violence, and without video evidence, they are out of luck in a court of law when their word goes against that of a cop.
Even with video evidence, there is no guarantee that justice will be done. The deputy demands the man produce I.D., though there is no reasonable suspicion of a crime. She demands he, even after producing I.D., tell her if he has any weapons.
She must not be aware of the 5th Amendment, which guarantees a right against self incrimination. In other words, even if she had reasonable suspicion/probable cause, he wouldn't be required to provide evidence against himself. His not giving, does not equal probable cause.
If she had probable cause for an arrest, then yes, she could search the vehicle (or obtain a search warrant) to search the car. Without it, her demands on whether he has a weapon or not are meaningless according to the Constitution.
Either this cop doesn't care about the Constitution, or she just ignores it. Either way, she shouldn't have a job in law enforcement. She has utter contempt for constitutional rights. Unfortunately, there are thousands of more like her.
This incident follows a beating by Kern County, California, deputies of a man sleeping at night in front of a hospital. Indeed, deputies confiscated for supposed evidence, video filmed by witnesses. I say supposed because confiscation often means "accidently" deleting video while in police storage. Of course, at least one phone returned had this "accidential" erasure.
Also in Califoria, a video crew of a local television station was ordered by California state police to delete video of a nuclear power plant in San Onofre, even though the video was taken from a public beach. All too often we see governmental and law enforcement officials taking orders and doing the will of powerful corporations and not protecting our constitutional rights.
By the way, if you want to support our Constitutional rights, please think about joining the American Civil Liberties Union, which works to protect our civil rights, along with many other great things.