TURN OUT FOR OUR COPWATCHER AFTER OFFICERS INVOLVED PICKARD, SCOTT M #5899, FADNESS, ALETHEIA #7473, MACIEL, RYAN #6793, PAYNE, JOSHUA #7595, NAMHIE, KASEY #7005 VIOLATED HIS CONSTITUTIONAL RIGHT TO FILM AND FREEDOM OF SPEECH!!!!
When February 2nd, 2018
Where Superior Court Kearny Mesa Courthouse 8950 Clairemont Mesa Blvd, San Diego, CA 92123
Edward Anthony Michael Glover a copwatcher with uaptsd.org and the founder of The Movement Productions San Diego was detained and cited on June 1, 2017. At the time of the detention Mr. Forman was filming the police in a public place outside of his home located on the corner of Wightman and 43rd Street. The allegation listed on the citation is one of use of foul language/inappropriate conduct.
Filming the police is not a violation of California law. In fact, filming the police is a statutorily protected right in California. The officers who detained and cited Mr. Forman violated the following California statutes:
CA PC 69b -Filming Executive Officers,
CA PC 148g – Filming police,
CA PC 602.1c – Constitutionally protected activity exemption from trespassing ,
CA PC 653.20b – “Public Place” defined,
CA PC 409.5d- “duly authorized” news media protected.
PC 148 (g)
The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.
PC 236
False imprisonment is the unlawful violation of the personal liberty of another.Filming the police is also a constitutionally protected right in California. The officers who detained and cited Mr. Foreman violated the following
Constitutional provisions:
http://law.justia.com/
Due to the fact that the detention and citation was in violation of Mr. Forman’s protected rights under California and federal law, the officers involved also violated the following federal statutes:
8 U.S. Code § 241 – Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
42 U.S. Code § 1983 – Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
CASE LAWS Protected Free Speech- Lewis v. city of New Orleans. Cohen v. California, Houston vs Hill, Duran vs City of Douglas, Trezevant v Tampa, Brown v Texas, Turner v Driver
