03-24-2014, 04:56 PM
Alberto Troche sued Officer Peter Delio and the city of Orlando in federal court, accusing the officer of violating his civil rights by seizing his iPhone while he was video-recording police as they arrested a loud, screaming man outside a downtown bar.
It alleges that Troche's first, fourth and 14th amendment rights were violated, in addition to being a victim of false arrest and false imprisonment.
According to the suit, Troche was walking to his car Dec. 7 about 2:30 a.m. when he saw a crowd, including several police officers, and heard a man calling for help.
The man was on the ground, and officers were arresting him, a video shows. Several bystanders were recording the confrontation on cell phones, including Troche, and officers ordered them to stop and to surrender the devices.
The video he shot shows an officer walking up and pulling it from his hand.
Troche was handcuffed and jailed for 15 hours, accused of resisting arrest without violence.
The State Attorney's Office elected not to file charges, and the police department returned his phone.
In the arrest report, Delio wrote that before he seized Troche's phone, he told him that it contained evidence of a crime and that he needed it.
Delio also wrote that he did not take the phone until he had placed Troche in the back of a squad car.
J. Marc Jones, the Oviedo lawyer who filed suit, called the seizure a blatant violation of Troche's rights. "People should not spent 15 hours in jail for recording police activity."
Full article:
http://articles.orlandosentinel.com/201 ... lse-arrest (http://articles.orlandosentinel.com/2014-03-17/news/os-orlando-police-officer-seize-video-phone-20140317_1_officer-peter-delio-orlando-police-officer-false-arrest)
Baltimore PD rewrites general order to make it clear that citizen's may record police:
http://cbsbaltimore.files.wordpress.com ... 42_001.pdf (http://cbsbaltimore.files.wordpress.com/2014/03/0142_001.pdf)
It alleges that Troche's first, fourth and 14th amendment rights were violated, in addition to being a victim of false arrest and false imprisonment.
According to the suit, Troche was walking to his car Dec. 7 about 2:30 a.m. when he saw a crowd, including several police officers, and heard a man calling for help.
The man was on the ground, and officers were arresting him, a video shows. Several bystanders were recording the confrontation on cell phones, including Troche, and officers ordered them to stop and to surrender the devices.
The video he shot shows an officer walking up and pulling it from his hand.
Troche was handcuffed and jailed for 15 hours, accused of resisting arrest without violence.
The State Attorney's Office elected not to file charges, and the police department returned his phone.
In the arrest report, Delio wrote that before he seized Troche's phone, he told him that it contained evidence of a crime and that he needed it.
Delio also wrote that he did not take the phone until he had placed Troche in the back of a squad car.
J. Marc Jones, the Oviedo lawyer who filed suit, called the seizure a blatant violation of Troche's rights. "People should not spent 15 hours in jail for recording police activity."
Full article:
http://articles.orlandosentinel.com/201 ... lse-arrest (http://articles.orlandosentinel.com/2014-03-17/news/os-orlando-police-officer-seize-video-phone-20140317_1_officer-peter-delio-orlando-police-officer-false-arrest)
Baltimore PD rewrites general order to make it clear that citizen's may record police:
http://cbsbaltimore.files.wordpress.com ... 42_001.pdf (http://cbsbaltimore.files.wordpress.com/2014/03/0142_001.pdf)