Jewish Photojournalist Claims Cops Roughed Him Up
The general counsel for the National Press Photographers Association says he is ready to take on the NYPD if allegations by a Brooklyn Orthodox Jewish photographer who claims that an NYPD officer deleted his pictures and damaged his equipment prove to be true.
In an interview that aired on Zev Brenner’s Talkline show last night, Mickey Ostreicher spoke at length with Brenner about whether or not police officers have the right to restrict photographers from taking pictures of events that occur in public or to confiscate any footage they may have obtained.
The incident in question took place at approximately 3:30 PM on Wednesday, January 16th, when noted VIN News photographer Shimon Gifter heard of an incident that was taking place on Avenue M and E 15th Street.
“I had gotten word that an officer was in need of assistance, so I went to the scene,” Gifter told VIN News. “I was told that there had been a fight, involving about fifty people and that an officer had called for backup, but when I got there everything was pretty much over. I took a few pictures, although there wasn’t much to see, and then spent some time talking to a bystander, Dovid Willner.”
During that time Gifter and Willner observed several police officers stopping a group of youths in front of the old Mountain Fruit location. Gifter took out his handheld video camera and began filming the proceedings.
The full interview with National Press Photographers Association Mickey Ostreicher.
“An officer came over and told me that I couldn’t take video because they were juveniles, but I pointed out to him that it wasn’t illegal for me to take video in public,” recalled Gifter. “He was an officer I had seen at other police scenes and he smiled at me and we fist pumped and I thought that was the end of the story.”
With his camera in one hand and his phone in the other, Gifter continued his conversation with Willner, but approximately five minutes later, Willner noticed a group of five or six police officers approaching. According to Willner, one officer in particular looked over Gifter’s shoulder at his camera, starting smiling and then began to laugh, before he grabbed Gifter’s hand and pulled it behind his back, telling him he was under arrest.
“I asked them what I was under arrest for and he just keeps telling me I am under arrest,” said Gifter. “They took my camera and my phone and I told them that I am media and he asked to see my press pass but every time I put my hand in my pocket to get my press pass he kept telling me to take my hands out of my pocket.”
Gifter alleges that the officer in question, a sergeant with three stripes and a fifteen year veteran of the force, confiscated his camera, deleting everything that was on it before throwing it on the floor, in addition to damaging his BlackBerry.
Sammy Teitelbaum, who also witnessed the alleged attack, said that Gifter was handcuffed and put up against a wall during the altercation before he was finally released with a warning.
“I told them to give him a chance to talk and they told me if I say one more word, they will handcuff me as well,” reported Teitelbaum, who estimated that it was a group of five or six police officers who approached Gifter.
Teitelbaum, who said that he himself was at the location because he had seen the earlier fight and had stopped to offer assistance to the police officer who appeared to be having trouble controlling the crowd, said he couldn’t believe what he saw taking place before him.
“I thought I was in Russia, or someplace where there is no law, no nothing,” said Teitelbaum. “This is embarrassing for the badge. It doesn’t mean anything anymore. The police officer should be punished and his badge should be taken away.”
Sergeant Lee Jones of the Office of the Deputy Commissioner, Public Information confirmed to VIN News that the incident is currently under investigation by the NYPD’s Internal Affairs Division. No further comments from the NYPD are available about the alleged assault at this time.
In his conversation with Brenner, Ostreicher said that Gifter was within his rights in videotaping the police stop, even though it involved juveniles and that according to the NYPD patrol guide, police officers did not have the right to ask Gifter to stop filming, nor did they have the right to delete anything from his camera.
Milhouse
Policemen do this all the time. They have invented a law, out of whole cloth, that it’s illegal to record them in the course of their duties. The courts have repeatedly ruled that the first amendment protects the right to stand in a public place and record or photograph anything that is audible or visible from that place, so even if a legislature made such a law it would be invalid, kal vachomer when no such law exists. The problem is that most of the time the police get away with it. Even when the person gets his camera back, the files are gone, and he is never compensated for false arrest or for damage to his equipment. There needs to be serious action against the police for this, so they get the message that they can’t do this.
Chai Vekyom
now all you can do is say Chai Vekyom
The NYPD has long forgot what is LAW
what ever happend to the “officer” that beat up Ehud Halevi and his partner ????
did we see ANYTHING HAPPEND TO THEM ????????
Ugh, Hashem!!
this is so annoying! i cant even do anything!! may the stupid policemen have an awful life! AMEN!
Samson
Stop and Search is a GREAT benifit to the Jewish community and the law abiding community at large. This is how Police Officers (including Jewish Police Officers!) catch illegal guns and weapons on suspicious looking/acting CRIMINALS to protect our community. Keep that in mind.
DB
The photographer did not say he was against Stop and Frisk,he was merely trying to video tape it.
Police are notorious for trying to stop photographers,and situations like this are nothing new.However, in this case they may have gone too far by physically intervening,which if true, would warrant serious repercussions.
#4, "stop and frisk"?
What does this incident have to do with stop and frisk? This was not a “stop & frisk” incident. If the details in this story are accurate then the police behaved in an grossly inappropriate and illegal fashion. This is what’s known as abuse of power. Hopefully internal affairs will get to the bottom of this and take the appropriate action. It’s a simple fact that internal affairs finds some allegations of misconduct to be unfair and unfounded and some to be legitimate. There are many cops who are wonderful, and some who are just arrogant, overgrown bullies.
Gerald Einstat
Pass the Ketchup. What else is new. The enforced law protecting citizens’ rights, must come directly from a higher source in Congress. The cops get away with absolute murder hundreds of times a day in NY. The DVD Movies are in the know when they make “dirty cop” films. If they are caught as in Aliyah Centre by a hidden camera, they have nothing to say… and not a charge has been laid on those Aliyah Centre police. How dirty coppish is that.
my opinion
The cops are NOT wrong in my opinion. Legally, Shimon Gifter did NOT have any right to take pictures of juveniles. Juveniles are protected under law against things such as this so they are not exploited. By taking pictures of them, especially without asking, shimon gifter was wrong and the police had every right to ask him to stop. When he failed to listen, the policemen had EVERY right to arrest him for insubordination. Shimon gifter is the one at fault – NOT the policemen
Damage?!
I agree but damage a expensive camera AND phone?!
Thats passed the red line.
Moshe Rbenu
Officers are very wrong for that reason I recommend wearing a pen camera
In times when police acting worst than mafia citizens need protection from them
Just watch again and again the Ehud Halevy video and ask yourself what would happend if this hidden camera did not take the video ?
Yes Ehud would be facing serious Jail Time.
And what happend to the cops capos ?
N O T H I N G
SM
To number 7:
What basis do you have for your supposition?!
According to what you’re saying, it is illegal for someone to take a photo in public with a minor in even the background.
You must not have thought this through. Besides, are you suggesting that the conclusion of the article has no basis in its assertion that after research it has been discovered that it Isa no offense?!
Not in CH
#7. my opinion….. well it may be your “OPINION” but its not the Law, you can film anything in public space .Police acted like Thugs, nothing new here.
Milhouse
#7, Your opinion is worth nothing. You cannot invent laws out of your posterior opening. Anyone has the right to stand in a public place and photograph anything that is visible there, no matter what it is. Not only is there no law “protecting juveniles”, there CANNOT be such a law, because it would contradict the first amendment.
And “insubordination”?! What is that? Are you for real? We are NOT subordinate to policemen. That is precisely what makes this a free country. A country where policemen are a special class of people that are superior to everyone else, and everyone is subordinate to them, is a POLICE STATE. Do you imagine we are in one? If you think that you must be a policeman, and a bad one, i.e. a thug and a criminal who belongs in prison for insubordination to the constitution.