A new citizen videotape has triggered an internal police investigation of Connecticut State troopers who are heard discussing charges for Michael Picard, 27, who was warning citizens of a DUI checkpoint. One of the officers is heard to say “we gotta cover our asses.” The officers are also heard threatening the citizen recording them. The police union has said that the officers acted appropriately.
Picard was standing near a state police DUI enforcement checkpoint near the on-ramp to I-84 on Park Road at about 7 p.m. holding a sign that read “Cops ahead. Keep calm and remain silent.” The troopers are shown discussing any possible charges to levy against Picard.
Picard is first told that it is illegal to record the troopers. The videotape is another example of the value of videotape in the proving of police abuse. We have been following the continuing abuse of citizens who are detained or arrested for filming 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.
When Picard objects that he is allowed to tape officers, he is told that he is on “state property.” That would seem a highly questionable claim that treats public property as state property for the purpose of banning citizen videotaping. One officer identified as Trooper First Class John Barone is captured in this exchange:
“It is illegal to take my picture,” Barone told him. “Personally, it’s illegal.”
“No, it isn’t,” Picard told him.
“Did you get any documentation I’m allowing you to take my picture?”
“No, but you’re on public property,” Picard told him. “You have no expectation of pri ….”
“No, I’m not,” Barone responded. “I’m on state property. I’m on state property.”
The officer is then heard asking the other officers “Want me to punch a number on this? We gotta cover our asses.” One responds “Let’s give him something.” The police then confront Picard about his possession of gun, but Picard explains that he has an open carry permit. He was detained for 40 minutes to check that claim but then given citations for other crimes.
The officers appear to be working out the possible crime theory with one saying “I think we do simple trespass, we do reckless use of the highway and creating a public disturbance.” Another says “and then we claim, um, in backup we had multiple people, um, they didn’t want to stay and give us a statement, so we took our own course of action.”
When Picard got to court on his $178 ticket, a prosecutor offered to nullify the charges if he paid a $25 fine. He refused. However, critics say that the purpose of the citation had already served its purpose: to stop a citizen from exercising his right to both protest and videotape police. It further imposed a penalty in making him appear in court and fight the citations.
Here is the videotape posted on YouTube:
What do you think? If you believe that the officers were manufacturing charges, what is the appropriate punishment for the officers?
It seems to be an appropriate stand off. Picard is a trouble maker, looking for a cause, creating the situation. He was not stopped going about his day. He was confronted for confronting the police. The police should simply ignore him and he will go home. The police should be trained to not get baited like this. This is not worthy of illustrating the problem with police abusing their powers. Lame post.
A couple of things jump out.
First, this guy was prepared, and got exactly what he was prepared for – his day in court.
Second, the police should be taught about this and it should be a lesson for all police – You have to let these people be. Confronting them is not a viable choice to make. Just do your job and go on down the road.
Third – it is a necessary evil that these things must play out. At least he was not booked and he will get the matter dismissed.
1. Clearly there is a need for nationwide explanation to all police departments and their officers that it is legal for citizens to tape them in public (which obviously includes state owned property). Just as citizens who act like jackasses in public should assume they are always on someone’s cell phone camera, cops should assume they are talking over a loudspeaker and their parents, friends, and church/synagogue/mosque are all watching. So be on your best behavior.
2. Cops who are proven to manufacture charges are unfit for duty. They should face dismissal or at least a very serious reprimand.
3. Unions tend to make it very difficult to fire anyone for cause, which illustrates one of the foundational problems for unions, whether it’s teacher or police unions.
4. Any abuse of power should also remind people why it is unwise to keep allowing government bureaucracies more power over individuals. Power corrupts, and those with weak character especially will take advantage. So don’t give government too much say over your life, such as health care. Especially if you allow its employees to be very difficult to fire for wrongdoing (such as when their deliberate fraud caused the death of vets languishing at the VA.)
5. It is important to foster public trust, and such acts erodes that trust. The police department must have a track record of fairness and justice.
6. I feel concealed carry is far more effective than open carry, unless it’s hunting season. You’re just going to cause a lot of unwarranted 911 calls that clog up the system, and the element of surprise gives an advantage if you truly need it. Plus, if criminals never know who might be carrying, then they will be less likely to assault anyone. It reminds me of that Janet Ivanovich book where Stephanie Plum bragged about having a gun in her purse at a hair salon in Trenton, NJ. Every woman there pulled a firearm out of her handbag to compare.
7. Criticism of the abuses of unions is obviously not profiting off the misery of people. The vast majority of people in the private sector heel-toe it through life without unions making them un-fireable. There are already unlawful termination laws in CA that protect against abuses. It’s ridiculous to claim that you’re a bad person if you oppose unions. Unions have become like organized crime, even becoming physically violent against “Scabs.” I oppose abuse, which is the moral high ground.
A bit of CT. history. Abe Ribicoff, Governor of Ct. back in the 50-60’s. He was a good Democrat that cut govt. He did away w/ almost all County govt. Reasoning CT is a small state geographically, the County layer of govt. was often wasteful. One of the agencies that got chopped was County Sheriff Departments. That was good. What was bad was the CT State Police filled that void and evolved into a monster. They are the local police in most rural areas, the chief investigative agency in the state, and now a powerful monolith.
Clearly, they’re fabricating crimes on what they’ve admitted is hearsay (“We got reports from motorists coming by that the weapon was in your hand”). How could anyone in his or her right mind think these officers should be allowed to remain in law enforcement entrusted with public safety, let alone their duty to testify truthfully as witnesses to crime?
The only thing about their job they’re taking seriously is covering their arses.
A truly bizarre story
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Ignorance of the law is no excuse except if your job is enforcing the law. In that case it’s outrageously unfair to expect them to know the law.
Politicians are to blame for most of this, by the Militarization of our Police and pandering to fear for votes. Neighborhoods are not Battlefields. This US and them attitude is making the Police an occupying force.
Police have become revenue enforces out pilfering the working class not protecting them. If politicians would stop passing laws that benefit those who Profit on the privatisation of government services we would all be safer. Police are forced by Politicians to arrest, fine, suspend, revoke and enforce the People for their budgets. Private company then profit on the enforcement. Innocent working people cannot afford an attorney and wind up having to plea in order to say out of Jail and pay huge fines, suspensions to support this system. If you do not plea there is the for Profit Prison system that is there to take what little you have left for the profit of Stockholders billing the taxpayers.
Police Unions may very well be what some Politicians hoped for. By defending bad Policing Unions do a terrible disservice to the Labor Movement. This is a win win for Conservatives who profit on the misery of people and like when Police Unions give all org labor a bad name in this us against them policy of Policing by law for profit and taxes.
I cannot believe Orwell was wrong and as long as we are Constitutionally protected surveillance of Police may be what balances all this out.
Good for Mr. Picard – a brave man fighting for all of us.
Many cops fear be recorded because they routinely violate both local laws and the Bill of Rights.
Plus being recorded offends their sense of the “proper order” – them giving orders and us quaking in subservient fear.
By the way Doglover, you appear to be the kind of citizen that the cops would like all of us to be.
The basic question is a statistical one. How many cops really know what rights a citizen possesses? Did these cops even know that the guy had a right to videotape them? It is possible First Amendment ignorance et al is widespread in Copdom.
Several of the police need refresher courses (in which they stay awake) on the US Constitution.
Why would someone object to police stopping those who are driving under the influence? Unfortunately police are volatile when they are policing in a culture of guns, inebriation, and ignorance.
Is it illegal to have in your hand a duly registered weapon with a permit to carry? Barone has no expectation of privacy and I don’t need his permission to photograph while he is going about his duties as a servant of the State and the people whose tax money pay his salary.
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If you don’t like it, go back to Quebec!
Firing them will hardly be a deterrent. Someother jurisdiction will hired them. 30 days of solitary confinement then fire them.
In CT Filing a false police report can result in severe penalties such as fines and jail time? (Falsely reporting an incident in the first degree (CONN. GEN. STAT. § 53a-180)) it would seem appropriate that the officers should be fired and charged with filing a false police report and receive the maximum sentence just for a start.
Fire them. It won’t happen, but I can dream.
I read (maybe here, forgot) that police petition hard for their own separate Police Bill of Rights, above and beyond that afforded to all citizens.
They defecate all over the Constitution (which they swore to uphold) for little peons that pay their handsome wages and benefits (estimated cost per FTE about $100k minimum average), then have the gonads to demand their own separate rights when they get busted for their criminal activity.
QUOTE “The police union has said that the officers acted appropriately.”
Ok, anyone that knows Unions knows that they are required by law to stand up for the union member, even if wrong. (Which is why a lot of people think Unions are bad….but the law REQUIRES them to act that way or be sued, so it’s actually the law that is bad.)
As for the cops, they need to get reprimanded & punished…I actually don’t know WHY they would even bother to dink with the guy…
I say they should be fired. Set an example of public accountability. Not likely to happen, but it should. If the department won’t hold them accountable, sue them, and get legislation into play that gives greater accountability to public officials and officers and punishments for abusing authority.