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Saturday, July 02, 2011
Ind. Courts - "Man Who Refused To Hand Over Arrest Video Acquitted: 66-Year-Old Man Took Video On Cellphone"
From Indy 6News, Joanna Massee has this story, complete with video. Some quotes:
An Indianapolis man who was charged after he refused to give police video of an arrest he captured on his cellphone has been acquitted.Willie King, 66, was standing on his neighbor's property in the 3900 block of North Whittier Place as he recorded officers arresting a man on Feb. 18.
"I heard the neighbors screaming and hollering about the police. (They said) 'You all get off of him. He's already in handcuffs. Why are you doing this?' " King said. "I just got my camera out, put it on record, walked over to my neighbor's house and stood on his stoop."
The video shows an officer asking King if he was recording, saying he needed the video for evidence.
"You ain't taking (expletive). There ain't no evidence," King is heard saying on the video.
King was arrested and later charged with resisting arrest, public intoxication and disorderly conduct.
"I'm down there with his knee in my back and another with his elbow in my neck in handcuffs," King said of the arrest. "I'm 66 years old. I've never been arrested."
On Thursday, Marion County Judge William Nelson acquitted King on all charges.
Legal expert Joel Schumm told 6News' Joanna Massee he does not believe police have the right to arbitrarily demand citizens' cellphones.
He said recording arrests can help protect citizens and the police by proving what really happened, but suggested those doing the recording defend their rights without using profanity.
"I think if a citizen says, 'Yes, I've taped this. If you want to get this, here's my name and phone number. You can pursue a legal process to get it in the future,' I think that's fine," Schumm said.
Posted by Marcia Oddi on July 2, 2011 10:29 AM
Posted to Ind. Trial Ct. Decisions