View Single Post
      05-14-2011, 11:53 PM   #49
bmwmike335
Captain
bmwmike335's Avatar
United_States
86
Rep
712
Posts

Drives: m4
Join Date: Dec 2008
Location: los angeles

iTrader: (3)

First of all...

and this only pertains to California:

you CAN Legally record in a public area a public official in the course of their duties,

HOWEVER, if your presence, wheather or not your are recording, taking photos, etc is a disturbance in the police investigation or creating delay, he can legally detain you for that as a violation - penal code 148, its a misdemeanor.

In this idiots case, he was detained/arrested because he was either one disturbing/delaying the officer or too close to the officer and person in the blue car which required some reasonable privacy. He was later RELEASED because (again in CAlifornia) penal code 849(b) allows for an officer after an arrest under his discrestion to RELEASE the arrested person without a warrant and without having the arestee see a juduge/court.

so was the officer in legal rights? Yes
was the boy in legal rights? sort yes sort of no
was the boy a dumb dick? yes
__________________
2015 ///M4 2006 525i
2008 335i Coupe
2011 1er 6MT ///M-Sport
2013 535i (RIP), 2014 535i (RIP)
2013 e92 M3 interlagos blue
Appreciate 0