Man Arrested for Photographing Cop Who Followed Him Into His Home

No Cell Phones!Rosa Golijan writes on Gizmodo:

We’ve discussed the legality of recording on-duty police officers in the past, but that was in the context of public streets. What if the officer you’re photographing followed you into your home — without just cause?

A man named Francisco Olvera found out what happens when he was arrested for “illegal photography” by an officer in Sealy, Texas:

Olvera says the trouble started when Alderete responded to a complaint of loud music coming from his home. In front of the home, Alderete asked Olvera to show identification and as Olvera walked into his house to get it, Alderete followed him in.

“Olvera did not believe that Alderete had the authority to enter Olvera’s residence and, therefore, took a picture of Alderete using his cell phone,” the complaint states.

Olvera claims that Alderete saw a can of beer on a kitchen counter, next to Olvera’s wallet, and immediately handcuffed him.

The grounds for arrest were supposedly illegal photography, public intoxication, and loud music. In the end though, Olvera was acquitted of all charges and is now even seeking punitive damages from the city over his ordeal.

Read More: Gizmodo

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  • 5by5

    “Illegal photography.” There's a charge straight out of, well, any dictatorship you can name.

    Any American judge who fails to not only throw this case out on its ass, but also fine the police officer for being such a colossal douche, isn't worth his robes.

    • E.B. Wolf

      Unfortunately that equates to a solid majority of judges.

      • 5by5

        My question also is, what in hell is going on in police academy training? It seems like there's a new story like this (or tazering some grandmother) like every other day.

        Now there have always been some bad cops, and they've always been reported on. But it seems to be getting so much more prevalent these days — going beyond even overreactions to terrorism. As if something far more fundamental — like the simple concept that you are there to PROTECT and SERVE the citizenry who gave you your badge, not harass them — is being missed in rudimentary training. That the idea of honor itself is being lost, and so even outside of tense situation where perhaps an overreaction “might” be understandable, now you've got them happening like every 12 seconds for no reason at all.

        And on top of that, there are no consequences even when the officer is pinched for this. Instead they get suspended instead of fired, or have to attend BS like “sensitivity training” when it should be obvious that the behavior they engaged in was inappropriate.

        It pisses me off, because I actually respect the badge. Police have personally saved MY bacon several times, and I COUNT on them to be honest and upright. When they aren't, to me it's a fundamental betrayal.

        • http://www.thecarnivalnoir.com Haystack

          “Now there have always been some bad cops, and they've always been reported on. But it seems to be getting so much more prevalent these days — going beyond even overreactions to terrorism. “

          I have to disagree with you there. I think we're seeing more because more people are walking around with camera phones, but there's an awful lot more that hasn't been reported on, and that has always gone on. The cop in this story was probably acting so nonchalant because he's done that sort of thing plenty of times before and gotten away with it. In particular the poor and minorities lack the knowledge and resources to fight back, and society doesn't mobilize when they are victimized to the same degree as when it happens to white, middle class types. I think the police have always been bullying–we're just seeing it more now.

        • E.B. Wolf

          While I can only relate the tidbits I pick up from the few people I know with firsthand knowledge; the academy is a frat boy environment where they are systematically conditioned to see officers and their families as distinctly separate from all other civilians. My uncles best friend was a NJST detective. He told me at a barbecue that his instructor told his class to “forget all the civilians you thought were your friends. From now on, your only friends are your fellow officers.”

          The fact that we constantly see cops getting away with this type of behavior even when they are caught red-handed on video can't help but to embolden them with the knowledge that they can get away with this shit.

          There was yet another article in today's Daily News about a jury acquitting a cop who beat an Iraq war vet who was already handcuffed.

          What incentive is there to reform your behavior if even a citizen jury with video evidence will defend your right to beat the fuck out of whoever you want?

        • dumbsaint

          This seems like a fair account of the academy
          http://www.youtube.com/watch?v=FJdmnMtpAwI&feat

  • JackFrost

    “Public intoxication”? Seriously? It's no wonder the charges were overturned, but what I'm genuinely curious about is why they were filed in the first place. Why waste time filling out the paperwork and going through the motions for obviously bullshit charges?

  • brentskinner5

    Stuff like this makes my blood boil. We are supposed to live in a different society, a better one in which the state lacks the right to trespass on citizens in these ways.

  • 5by5

    Here's another example from Britland this time, where a 16 year old understands the law better than the bobbie who's harassing him.

    http://www.boingboing.net/2010/06/29/london-cop

    If you are in England, and an officer asks you your name, simply don't give it. You're under no requirement to, and indeed under maritime law, it's only AFTER you've given that information, that they can begin further messing with you. If you know you've violated no law, and an officer approaches you for flimsy reasons like this, deal with the officer calmly and simply refuse to comply with his illegal requests.

  • Catsrule52

    OH NO!

  • Manoah777

    “ALL PIGS MUST DIE”

  • Dewayne

    That filthy uneducated, political dirty working bitch boy would have been DEAD if he entered my home without just cause. 12 gauge to his pig boy uneducated brains.

  • E_A_Blair

    This story doesn't say whether Mr. Olvera was inside or outside when the pig came to the house. If he was inside, his big mistake was opening the door. Without a warrant, the pigs are only allowed to legally enter a home if they are invited in. Once they set foot inside, they are free to do whatever they want – search, interrogate, intimidate – as if they DID have a warrant. If a pig comes to your door, talk through the screen. Don't let them in without a sheet of paper saying they can enter. If you open the door, the pig is going to construe that as “permission to enter”, which may have been what happened to Mr. Olvera..

    • http://www.thecarnivalnoir.com Haystack

      My understanding is that, if you invite them in, they look around, but they aren't allowed up open cupboards, your fridge, etc.

      • E_A_Blair

        Unfortunately, haystack, your understanding is wrong. They can do anything they like, open any cabinet, break in to locked file drawers and threaten you if you try to stop them. My sister's first husband was a cop, and he reveled in the power the job gave him.

  • E_A_Blair

    Unfortunately, haystack, your understanding is wrong. They can do anything they like, open any cabinet, break in to locked file drawers and threaten you if you try to stop them. My sister’s first husband was a cop, and he reveled in the power the job gave him.

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