Post by WaTcHeR on Jun 9, 2006 13:09:46 GMT -5
Man is cleared to record police - First Amendment protects Reedley resident, judge rules.
06.06.2006 - A Fresno County judge ordered the city of Reedley to pay more than $8,000 in attorney's fees for wrongfully taking a man to court for running a local Copwatch program in which he followed and filmed officers.
Superior Court Judge John B. Conklin on Friday ordered Reedley to pay $8,160 to Reedley resident Bernabe Santillan because the former police officer's behavior was in step with his First Amendment rights, according to the judge's 10-page response.
"The court appreciates that the officers involved in the instant matter have a difficult job to perform," Conklin wrote. "Unfortunately, at times they have contact with individuals who may engage in behavior that is considered by some to be juvenile and obnoxious. The First Amendment, however, also protects such behavior."
When reached by phone Monday, Santillan said he is happy with the ruling and plans to continue filming police. Copwatch is a grass-roots program in which community members videotape law enforcement officers while they're on duty to ward against police brutality or misconduct.
"I prevailed," Santillan, 38, said. "It's so good. It's going to be looked at by Copwatchers all over the state of California, that they're not allowed to get restraining orders against us. We have a right to observe and keep city officials accountable."
Santillan's attorney, Charles Magill, also put an interesting offer on the table. He said he will allow Reedley to pay only half of the fee if every Reedley police officer participates in a three-hour educational seminar on First Amendment rights and constitutional law, taught by Magill and his wife, also an attorney.
Magill said Monday that he doesn't know whether the Police Department will be receptive to the offer, but he believes it would be in their best interests.
"The reality of it is that there's a real need for officers to know First Amendment rights," he said. "This is a real clear-cut example of where they need to know what they can and can't do.
"Realistically, we don't want to see the city of Reedley suffer because of their ignorance to the First Amendment."
Santillan started Reedley Copwatch after he says he was roughed up by Reedley officers during an arrest in August, the same month that civil rights activists organized a Copwatch chapter in Fresno.
Santillan has ties to the Fresno group, which has thus far taken a less aggressive and more educational approach by holding "Know Your Rights" seminars.
Santillan, however, immediately took his police scanner and video camera to the streets. He already knew the nuances of their job: In the 1980s, he worked as a reserve police officer in Reedley, then became a sworn police officer in Sanger.
His presence miffed the Police Department, which tried to get a restraining order against Santillan in January. Reedley dropped its case on March 2, instead saying officers would arrest or cite Santillan if they saw him break the law or interfere with their job.
Magill filed a motion to recoup attorney's fees a month later.
In Conklin's ruling, the judge wrote that "much of the [Santillan's] activities were constitutionally protected."
But, he said, "If the defendant were to take or post photos of any law enforcement officer while engaged in nonpolice business, the Constitution may not come to his assistance."
Conklin wrote that police matters are the public's business and said the Police Department did not offer "clear and convincing" evidence that Santillan harassed officers, which they claimed in their petition for the restraining order.
"At best, the defendant persistently monitored the activities of the officers," Conklin wrote.
Santillan said he recently filed another formal complaint against a member of the Police Department in connection with a May 17 incident at a Reedley gas station.
Santillan said he was filling his vehicle with gas when two police officers drove past him, looked in his direction and mocked him with laughter.
Reedley Police Chief Doug Johnson and attorney Craig Mortensen, who represented the city in the case, could not be reached to comment Monday.
06.06.2006 - A Fresno County judge ordered the city of Reedley to pay more than $8,000 in attorney's fees for wrongfully taking a man to court for running a local Copwatch program in which he followed and filmed officers.
Superior Court Judge John B. Conklin on Friday ordered Reedley to pay $8,160 to Reedley resident Bernabe Santillan because the former police officer's behavior was in step with his First Amendment rights, according to the judge's 10-page response.
"The court appreciates that the officers involved in the instant matter have a difficult job to perform," Conklin wrote. "Unfortunately, at times they have contact with individuals who may engage in behavior that is considered by some to be juvenile and obnoxious. The First Amendment, however, also protects such behavior."
When reached by phone Monday, Santillan said he is happy with the ruling and plans to continue filming police. Copwatch is a grass-roots program in which community members videotape law enforcement officers while they're on duty to ward against police brutality or misconduct.
"I prevailed," Santillan, 38, said. "It's so good. It's going to be looked at by Copwatchers all over the state of California, that they're not allowed to get restraining orders against us. We have a right to observe and keep city officials accountable."
Santillan's attorney, Charles Magill, also put an interesting offer on the table. He said he will allow Reedley to pay only half of the fee if every Reedley police officer participates in a three-hour educational seminar on First Amendment rights and constitutional law, taught by Magill and his wife, also an attorney.
Magill said Monday that he doesn't know whether the Police Department will be receptive to the offer, but he believes it would be in their best interests.
"The reality of it is that there's a real need for officers to know First Amendment rights," he said. "This is a real clear-cut example of where they need to know what they can and can't do.
"Realistically, we don't want to see the city of Reedley suffer because of their ignorance to the First Amendment."
Santillan started Reedley Copwatch after he says he was roughed up by Reedley officers during an arrest in August, the same month that civil rights activists organized a Copwatch chapter in Fresno.
Santillan has ties to the Fresno group, which has thus far taken a less aggressive and more educational approach by holding "Know Your Rights" seminars.
Santillan, however, immediately took his police scanner and video camera to the streets. He already knew the nuances of their job: In the 1980s, he worked as a reserve police officer in Reedley, then became a sworn police officer in Sanger.
His presence miffed the Police Department, which tried to get a restraining order against Santillan in January. Reedley dropped its case on March 2, instead saying officers would arrest or cite Santillan if they saw him break the law or interfere with their job.
Magill filed a motion to recoup attorney's fees a month later.
In Conklin's ruling, the judge wrote that "much of the [Santillan's] activities were constitutionally protected."
But, he said, "If the defendant were to take or post photos of any law enforcement officer while engaged in nonpolice business, the Constitution may not come to his assistance."
Conklin wrote that police matters are the public's business and said the Police Department did not offer "clear and convincing" evidence that Santillan harassed officers, which they claimed in their petition for the restraining order.
"At best, the defendant persistently monitored the activities of the officers," Conklin wrote.
Santillan said he recently filed another formal complaint against a member of the Police Department in connection with a May 17 incident at a Reedley gas station.
Santillan said he was filling his vehicle with gas when two police officers drove past him, looked in his direction and mocked him with laughter.
Reedley Police Chief Doug Johnson and attorney Craig Mortensen, who represented the city in the case, could not be reached to comment Monday.
