We have been following the continuing arrests and even prosecutions of citizens who film police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest has a different twist. Andrew Henderson not only had his camera taken from him by police in Little Canada, Minnesota but he was charged with violating the the federal Health Insurance Portability and Accountability Act (HIPAA) by filming officers responding to a call.
Henderson, 28, was filming Ramsey County deputies arresting a man when his camera was confiscated by a deputy, Jacqueline Muellner, who suddenly announced “We’ll just take this for evidence.” She also warned Henderson that “If I end up on YouTube, I’m gonna be upset.”
Henderson says that he later went to the police station to retrieve the camera and found that it had been erased. He was then charged a week later for obstruction of legal process and disorderly conduct, both misdemeanors. Notably, the deputy recorded on the citation, “While handling a medical/check the welfare (call), (Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with sit(uation) to deal w/Henderson.”
That is of course ridiculous since HIPAA provisions deal with health care providers handling consumers’ health information. A lawyer from Little Canada insists that there was no deletion of the film. However, it is a bit odd that Henderson would be pointing a camera at the scene (and prompting the intervention of the officer) without actually filming the scene.
Henderson is a welder and is representing himself in court. The question is not only the abuse of the arrest but compounding of the abuse by actually charging and prosecuting the citizen.
Source: Twin Cities
It is alarming how many moronic law “officers” are ignorant of the actual laws of the united states. I find it extremely alarming that when push comes to shove- such as during hurricane Katrina, a two-bit mayor and an ignorant local police force, along with ignorant thugs from federal agencies have gotten away with disarming US citizens with no cause. At exactly the time they would rely on arms to defend themselves. None of the politicians nor ignorant thugs in the field have received the public beatings they deserve for undermining the constitution. This is on a smaller scale- but along with many similar incidents around the country give you little confidence in people who represent the law here.
Darren,
My belated thanks for your full of facts and respectful answer.
There are fraud investigations but by civilians, and police checks for welfare.
The latter would be something for the Swedes to emulate. Dehydration and temp mental incapacity can be cured. Worthy cause.
Been trying to cope with my heart’s oondition and resting lots now.
Good health to ýou.
And Darren, thanks for the videos. There is ALWAYS another side of the story.
Darren, I agree totally. I was in no way absolving private business. Banks, hospitals, insurance companies, all are feet draggers. My only consistent dealings w/ MaBell were in KC. I had inconclusive sporadic contact in Chicago, Wi, etc. but working for the prosecutor in KC they were very helpful and dare I say compassionate. Victims getting harassing phone calls, needing phone records on a murder, rape, etc. case were handled immediately. Part of that could have been I built a relationship w/ the MaBell women and so this ANECDOTE IS NOT DISPOSITIVE. I just wanted to share it w/ you and see if you had any experience w/ the phone company and how it would compare.
Here’s a suggestion. Despite the “film” being erased…if it is “digital” there is still a decent chance that it can be recovered with Data Recovery software. I recover deleted files fairly often from hard drives and other digital media. Good Luck! Joe of AngelGeeks
Here’s a little more discussion about the above video I posted.