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Title: Police must apologize to man who taped traffic stops
Source: POTTSTOWN, PA THE MERCURY NEWSPAPER
URL Source: http://www.pottstownmercury.com/art ... 1/20/news/srv0000004010841.txt
Published: Nov 20, 2008
Author: .
Post Date: 2009-03-02 05:48:47 by Artisan
Keywords: None
Views: 167
Comments: 8

Police must apologize to man who taped traffic stops

Thursday, November 20, 2008 7:57 AM EST By Michael Hays, mhays@pottsmerc.com

SPRING CITY — Two local police departments have agreed to apologize for citing a man who took video footage of officers' traffic stops in early 2007.

Officials representing East Vincent and Spring City recently agreed to a settlement with Richard Hookway of East Vincent. The municipalities agreed to update officer training, write letters of apology and each pay $3,200 for the plaintiff's legal expenses.

On Feb. 19, 2007, Spring City police officers asked Hookway to step out of his vehicle after he was seen filming a traffic stop from a distance, according to the Pennsylvania chapter of the American Civil Liberties Union. Police then handcuffed Hookway, placed him in a police car and searched his vehicle, said ACLU staff attorney Mary-Catherine Roper.

Two similar incidents involving both departments occurred Jan. 19 and Feb. 1, 2007, but the East Vincent man was not handcuffed or searched in those cases, Roper said.

Hookway received citations for disorderly conduct and harassment, according to the ACLU.

East Vincent and Spring City found themselves in a potential civil rights lawsuit because the resident did nothing wrong.

"That is his right to monitor and petition his government," Roper said. "(Police) are public servants performing a public duty in public."

East Vincent solicitor Stuart Cohen brought up the settlement at the supervisors' Nov. 5 meeting. He said a district judge threw out all charges against Hookway.

In a written statement released to The Mercury, East Vincent says the officer involved in the February incident was concerned for his safety when he saw someone pointing an object at him from a parked car.

"The same person had been engaged in previous similar conduct concerning other police officers. The East Vincent officer contacted the Chester County district attorney's office for guidance as to whether a citation for harassment would be appropriate under the circumstances," the township stated.

A citation would be justified, the Chester County office told them. Deputy District Attorney Cynthia Wilson responded to a request for comment from The Mercury but did not provide a statement.

Spring City Police Chief Deirdre Sherman did not respond to a request for comment.

Roper, the ACLU attorney, said police officers often believe residents do not have the right to film them. She said they erroneously apply the Pennsylvania Wiretap Act, which deals with the discreet recording of private conversations.

Courts have been "very clear" on this matter, she said. So long as residents do not interfere with police duties or harass any other person, they have a right to document officers' activities while they are in uniform.

East Vincent's statement also says the township is "dedicated to supporting, protecting and defending the laws of the Commonwealth of Pennsylvania and is dedicated to protecting the rights of all citizens."

This settlement with Hookway also includes stipulations that both municipalities adopt written policies on citizens' right to observe and record, and train officers on this topic. Letters of apology are also part of the agreement.

Hookway is not the only township resident to recently challenge East Vincent over constitutional liberties. In July, Steve Mast sent a letter to East Vincent concerning its firearms regulations in township parks. Guns are not permitted in public parks, such as Park on the Ridge.

Mast's letter, which references Pennsylvania's Uniform Firearms Act, states in part: "The township may regulate the discharge of firearms but it has no authority to prohibit or limit the lawful carrying of firearms for self-defense ... (if enforced) the officer and township could be facing a lawsuit for wrongful arrest, official oppression, and even civil rights violations."

The township solicitor's office is responding to this letter.


Poster Comment:

A few months old, but interesting nonetheless.

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#1. To: Artisan (#0)

Should have been fired.

Cynicom  posted on  2009-03-02   6:42:04 ET  Reply   Trace   Private Reply  


#2. To: Artisan (#0)

Good ruling. Spring City Police Chief Deirdre Sherman needs to go away.

Jethro Tull  posted on  2009-03-02   6:50:36 ET  Reply   Trace   Private Reply  


#3. To: Jethro Tull (#2)

Local friend is state police, has told them he wants out first day he is eligible, tired of chasing non-criminals day after day.

Cynicom  posted on  2009-03-02   6:56:58 ET  Reply   Trace   Private Reply  


#4. To: Cynicom (#3)

As I recall, we walked around NYC with badge numbers, name tags, and offered full identification to anyone who asked. I have no idea when the paranoia creeped into these goofs, but suing them personally should get their attention.

(How's the weather there?)

Jethro Tull  posted on  2009-03-02   7:01:26 ET  Reply   Trace   Private Reply  


#5. To: Jethro Tull (#4)

We were on the the NW edge, got nothing.

Cynicom  posted on  2009-03-02   7:03:13 ET  Reply   Trace   Private Reply  


#6. To: Jethro Tull (#4)

The mentality of government, justice system and police departments these days is that EVERY CITIZEN IS A SUSPECT AND THE ENEMY at all times, therefore the cops are only a reflection of the entire system.

Cynicom  posted on  2009-03-02   7:08:00 ET  Reply   Trace   Private Reply  


#7. To: Cynicom (#6)

The bottom line is it's all about money. As the police departments gained an intrinsic value to local and state governments, their egos were inflated by the PTB, Hollywood, and the generally dumb public who fell for the image makeover.

Jethro Tull  posted on  2009-03-02   7:15:27 ET  Reply   Trace   Private Reply  


#8. To: Jethro Tull (#7)

i see many stores of people charged with felonies and misdemeanors for filming police and i found this one where they apologized and paid him. it seems to be a crap shoot.

Glory to God in the highest, and Peace to His people on Earth.
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://georgewbush-whitehouse.archives.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2009-03-02   7:28:37 ET  Reply   Trace   Private Reply  


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