Photog assaulted by cops in Florida

Jay_J_Hector · #1 11-01-2004, 05:05 PM

Photog assaulted for shooting pics at polling place

Pete_Myers · #2 11-01-2004, 06:59 PM

So much for the Constitution.

This story makes me really sad...

Pete

Jay_J_Hector · #3 11-01-2004, 08:33 PM

It's becoming very common as this example from the other day in Bakersfield, CA:

News photog assaulted by mall security

David_Buzzard · #4 11-02-2004, 02:27 PM

I covered three elections in South Africa, and nobody ever hasseled me during those.

David Buzzard

DavidHarpe · #5 11-03-2004, 12:01 AM

The photographer shooting in the shopping mall was violating the law. News media or not, if the owner of private property (or their designate) asks you to leave, you have no choice but to leave. If you don't leave, the property owner has the legal right to use reasonable force to remove you, or they can call the police. Most are smart enough to call the police (the property owner can avoid liability in this way).

In this case, the security guards obviously went overboard, even though they did have the legal right to remove the photographer. Due to the excessive force used, the photographer probably has a good civil suit (pain & suffering/mental anguish).

The photographer in Florida was also violating the law (not obeying police commands/escape). Running from the police is just not a wise move in any situation.

HGregoryPorter · #6 11-03-2004, 02:42 AM

Dave,

Respectfully, you are wrong. Security guards are often wanna be cops. THIS IS A GROSS MISUSE OF FORCE. There was nothing in this situation that warranted the use of force at this point. But having 4 men tackle the camera man, and handcuff him is an abomination. Police were even on the scene. You could hear the security guard ordering the photographer to let go of his camera before he was wrestled to the ground. You think it was acceptible for his camera to be confiscated within the first 30 sec? Security could have stood at the door and prevented them from entering. That guy was way over the limit of authority and power. I hate the court system and depending on lawyers to protect your rights, but I hope that camera man gets his revenge in court against the men and against the mall.

DavidHarpe · #7 11-03-2004, 03:06 PM

[ QUOTE ]
Respectfully, you are wrong.

[/ QUOTE ]

You didn't read what I wrote. Unquestionably the guards used unreasonable force in this case. The use of force in this manner by anyone is illegal and probably falls under the assault category.

Removing someone from your property using REASONABLE force is not illegal if they refuse to leave on their own. Reasonable force is subject to interpretation...usually by the courts after the removed party sues. This is why most people just call the police and have them take care of it. The guards were stupid for not asking the police to remove the photographer, which they would have immediately done if asked.

My point is that the TV news report makes it sound like a first amendment issue and it's not. On private property, members of the media have no more right to be there than any other citizen.

Dave