Saturday, May 24, 2014

New York State Police Unlawfully Detain Citizen Journalist, Act Against Case law

New York State Police Unlawfully Detain Citizen Journalist, Act Against Case law
Photography Is Not A Crime

Know Your Rights
And Never Consent

Mathew Grunert, who was gathering content for a story, was unlawfully detained by New York State Police on Wednesday for a perfectly legal activity.  Gets A visit from 

         Joint Terrorism Task Force   


According to an on-line legal dictionary,
Police officers need no justification to stop someone on a public street and ask questions, and individuals are completely entitled to refuse to answer any such questions and go about their business. However, the Fourth Amendment prohibits police officers from detaining pedestrians and conducting any kind of search of their clothing without first possessing a reasonable and articulable suspicion that the pedestrians are engaged in criminal activity. Terry v. Ohio, 392U.S. 1, 88 S. Ct. 1868, 21 L. Ed. 889 (1968).

What is reasonable articulable suspicion?
Police may briefly detain and conduct a limited search of a person in a public place if they have a reasonable suspicion that the person has committed a crime. Reasonable suspicion is a level of belief that is less than probable cause. A police officer possesses reasonable suspicion if he has enough knowledge to lead a reasonably cautious person to believe that criminal activity is occurring and that the individual played some part in it.

Example-  A law enforcement officer sees someone walking at night in an area with a high rate of vehicle theft with what looks like a Slim Jim tool in his hand or on his person.

Am I being detained or an I free to go?
I noticed that one of our public servants stated he was being detained just so he could find out who he was, and at one point wanted to run him for warrants.  The belief of some officers that they can detain a person, who has committed no crime, and state something to the effect that "I want to know what your doing to find out if you have committed a crime" baffles me.  Since they have to already have that knowledge and reason BEFORE the detain you. 

Mathew Grunert
Gets a visit by

Joint Terrorism Task Force 

On Thursday Mr. Grunert was paid a visit by the Joint Terrorism Task Force as a follow up to his unjust detainment by State police.  As the video shows Mr Grunert held stead fast on his rights and the visit was pretty short and maybe not so sweet.  You have the right to not answer and or cooperate with any criminal or investigatory actions by law enforcement.  It is not enough to know your rights, but enforce them as well.