Man arrested for taking picture of cop in his own home
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http://rawstory.com/rs/2010/0623/man-arrested-picture-cop-home/[^] A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission. According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio. The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him. How dare a civilian photograph a god-level official who illegally entered into the civilian's home.
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Cop was just like you Racist against mexicans Did something stupid Judges shut him up Olvera was aquitted Now is bringing suit Here you go again Taking acts of one person Applying to all Just because one cop Likes to abuse his power Not all are the same
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Author of the Guardians Saga (Sci-Fi/Fantasy novels) -
http://rawstory.com/rs/2010/0623/man-arrested-picture-cop-home/[^] A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission. According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio. The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him. How dare a civilian photograph a god-level official who illegally entered into the civilian's home.
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Bogus charge I believe on the photography, but from what I remember the cops do very much have the right to follow you when you retrieve identification. Otherwise any jackass could say "Oh, let me get my ID" and then vamoose out the back door. If I'm wrong and that's a real charge he could legitimately use, I'll be surprised, it sounds completely made up and rather useless.
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Bogus charge I believe on the photography, but from what I remember the cops do very much have the right to follow you when you retrieve identification. Otherwise any jackass could say "Oh, let me get my ID" and then vamoose out the back door. If I'm wrong and that's a real charge he could legitimately use, I'll be surprised, it sounds completely made up and rather useless.
No, they do not have a right to enter your home without your permission, unless they have a search warrant issued by a judge, and that search warrant must be specific in what the police are looking for.
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No, they do not have a right to enter your home without your permission, unless they have a search warrant issued by a judge, and that search warrant must be specific in what the police are looking for.
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Actually, they just have to have probable cause. If he was in the process of an arrest or writing a ticket, then he probably had the right to remain with you until his actions were completed.
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Actually, they just have to have probable cause. If he was in the process of an arrest or writing a ticket, then he probably had the right to remain with you until his actions were completed.
No he does not. Perhaps an arrest, but not a ticket.
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http://rawstory.com/rs/2010/0623/man-arrested-picture-cop-home/[^] A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission. According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio. The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him. How dare a civilian photograph a god-level official who illegally entered into the civilian's home.
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Unfortunately, I agree that arresting someone for taking a picture is most likely not legal. Unless the city had passed a specific ordinance saying that police officers could not be photographed while on duty (and it wasn't struck down as a violation of first amendement rights), anyone can take a picture in public or on their own property. However, have you read the lawsuit? Since when do lawsuits use language such as: "Alderate then apparently observed a can of beer, which was virtually full" "We did not know what he was talking about, and I don't think he does either"
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Unfortunately, I agree that arresting someone for taking a picture is most likely not legal. Unless the city had passed a specific ordinance saying that police officers could not be photographed while on duty (and it wasn't struck down as a violation of first amendement rights), anyone can take a picture in public or on their own property. However, have you read the lawsuit? Since when do lawsuits use language such as: "Alderate then apparently observed a can of beer, which was virtually full" "We did not know what he was talking about, and I don't think he does either"
They tried to convict him with public intoxication also, using a can of beer as proof.
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No, they do not have a right to enter your home without your permission, unless they have a search warrant issued by a judge, and that search warrant must be specific in what the police are looking for.
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Search warrant allows them to come in regardless of if you're there or not, it's pretty much a free pass at the designated location. Probable cause, or pursuit of duty(forgetting the proper term) allows them to pursue a suspect through your house, someone else's and even drag them out kicking and screaming. The key here is not give them cause and not be running from them in the first place. But still, the charges against the man are likely bogus and at best a misuse of a law intended for something that actually could cause problems. Either way I'd say the cop needs to get booted around a bit, but he wasn't wrong in following him into the house, and the man was wrong to accuse him of violating his rights. You are not helping matters by perpetuating this claim, if you're going to know your rights, know what they actually are rather than what you assume they are. Unlawful search and seizure is not a defense when you're already in trouble with the law and they watched you walk in there.
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Search warrant allows them to come in regardless of if you're there or not, it's pretty much a free pass at the designated location. Probable cause, or pursuit of duty(forgetting the proper term) allows them to pursue a suspect through your house, someone else's and even drag them out kicking and screaming. The key here is not give them cause and not be running from them in the first place. But still, the charges against the man are likely bogus and at best a misuse of a law intended for something that actually could cause problems. Either way I'd say the cop needs to get booted around a bit, but he wasn't wrong in following him into the house, and the man was wrong to accuse him of violating his rights. You are not helping matters by perpetuating this claim, if you're going to know your rights, know what they actually are rather than what you assume they are. Unlawful search and seizure is not a defense when you're already in trouble with the law and they watched you walk in there.
A cop doesn't have the right to enter your home without a search warrant, espeically because of a noise ordnance. I know I know, the sub-human civilian should have immediately fell to the ground and flopped around like a fish with his tong out begging to lick the god-level official's boot, and then he should have offered his wife and daughters to be raped in his own bed.
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A cop doesn't have the right to enter your home without a search warrant, espeically because of a noise ordnance. I know I know, the sub-human civilian should have immediately fell to the ground and flopped around like a fish with his tong out begging to lick the god-level official's boot, and then he should have offered his wife and daughters to be raped in his own bed.
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CaptainSeeSharp wrote:
I know I know, the sub-human civilian should have immediately fell to the ground and flopped around like a fish with his tong out begging to lick the god-level official's boot, and then he should have offered his wife and daughters to be raped in his own bed.
What a sad fantasy life you have. I guess it's hard to judge. If I knew no woman would ever willingly sleep with me, then I'd be able to take a walk in your sad and lonely shoes.
Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.
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A cop doesn't have the right to enter your home without a search warrant, espeically because of a noise ordnance. I know I know, the sub-human civilian should have immediately fell to the ground and flopped around like a fish with his tong out begging to lick the god-level official's boot, and then he should have offered his wife and daughters to be raped in his own bed.
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CaptainSeeSharp wrote:
A cop doesn't have the right to enter your home without a search warrant, espeically because of a noise ordnance.
So long as it involves an active pursuit of a subject they do have the right to follow you. Doesn't matter if it's your house or someone else's, if you duck into it and they see you they can follow you. If they did any less it would be a dereliction of their duty. If however they didn't see where someone went, they would then have to either get a search warrant for where they think he went, or simply ask permission of the house owner.
CaptainSeeSharp wrote:
I know I know, the sub-human civilian should have immediately fell to the ground and flopped around like a fish with his tong out begging to lick the god-level official's boot, and then he should have offered his wife and daughters to be raped in his own bed.
Don't forget give them your dog so they can shoot it. For fuck's sake, you can't expect a cop who has you under suspicion of a crime to just let you meander off just because you say it's your house. Until he has identification that you are who you say you are he doesn't know if he's just let a criminal into your house. That is why this idiot was wrong in his assumptions, that is the point of the cop following him.
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Search warrant allows them to come in regardless of if you're there or not, it's pretty much a free pass at the designated location. Probable cause, or pursuit of duty(forgetting the proper term) allows them to pursue a suspect through your house, someone else's and even drag them out kicking and screaming. The key here is not give them cause and not be running from them in the first place. But still, the charges against the man are likely bogus and at best a misuse of a law intended for something that actually could cause problems. Either way I'd say the cop needs to get booted around a bit, but he wasn't wrong in following him into the house, and the man was wrong to accuse him of violating his rights. You are not helping matters by perpetuating this claim, if you're going to know your rights, know what they actually are rather than what you assume they are. Unlawful search and seizure is not a defense when you're already in trouble with the law and they watched you walk in there.
you forgot the pictures :laugh: the man needs pictures
As barmey as a sack of badgers
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No, they do not have a right to enter your home without your permission, unless they have a search warrant issued by a judge, and that search warrant must be specific in what the police are looking for.
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This would be wrong, actually. UNREASONABLE Search and Seizure. If the officer has probable cause to believe there is a crime being committed, he has the right to enter. If there is a person being attacked and calling for help in a home, cops can bust in. If cops see someone doing a drug deal through the open door or window, can bust in. If cops see a kid with bruises screaming as he is being dragged into a home, they can bust in. If cops see the door broken into, flashlights in the home and the rest of the place dark, ... IN THIS CASE: The police officer MIGHT have had reason to believe the individual was attempting to evade. BUT: I don't buy it. I don't buy the cop walking in, I don't buy the photo charge and I think the lawsuit is a good thing to make a bad cop stop being an abusive prick.
If I have accidentally said something witty, smart, or correct, it is purely by mistake and I apologize for it.
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No he does not. Perhaps an arrest, but not a ticket.
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again, you don't know the laws on this. Just because you say something is one way doesn't mean you are right.
If I have accidentally said something witty, smart, or correct, it is purely by mistake and I apologize for it.