Memphis Police Delete Photographer's Cell Phone Pictures

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Updated: 1/31/2012 7:12 pm
MEMPHIS, TN (abc24.com) - If you are on a public street and take pictures or video of Memphis Police with your cell phone, you could end up in the back of a squad car and your pictures could be deleted.

ABC 24 News photographer Casey Monroe said that's what happened to him Sunday morning. Police never charged Monroe with a crime, but this could happen to anyone with a cell phone camera.

Monroe said police went too far outside Thai Bistro Restaurant in downtown Memphis that morning, and that they violated his rights.

As police were giving the restaurant's owner, Loy Bouaphaypengerprachan, a ticket for parking illegally, Monroe went to see what was going on and started taking pictures of the parking ticket fiasco.

The owner told abc24.com, "I think he was doing what a regular citizen would do if they see a situation that's happening they're trying to evidence."

Monroe said he was "just trying to document the situation going on."

Although he was on public property, Monroe said he was told by police, "'you can't be taking pictures of us.'"

Monroe was put in the back of the squad car. When he was released, he said he realized one of the officers had deleted all the video and photos he took.

According to attorney Ross Samson, "There's no law out there that said officers can grab your phone and delete what they want at will," adding your phone is your personal property.

Cameras weren't allowed inside when Monroe went to Internal Affairs, but the photographer said, "I feel they had no right to delete my pictures and video on my personal property and company property."


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The views expressed here do not necessarily represent those of LocalMemphis - Local 24 News

MJPoltroonian - 2/8/2012 10:14 PM
1 Vote
My, my, my. How the videotaping of Rodney King changed everything. "Move along now. Nothing to see here" has become an excuse to "Protect" the very protectors we hire to protect us. "Who watches the watchers (or the protectors)" indeed. What's next? Balaclavas for our "Men in Blue" to protect their identity? From whom? The ACLU or the Southern Poverty Law Center? (Two organizations who are not amongst my favorites, by the way. (They seldom, if ever, seem to take up abuse of citizens rights if they're not in certain demographic groups. Sorry, but that's just my observation from years of observing what they do - not what they claim to do.)

Will Smith - 2/7/2012 3:46 PM
1 Vote
As for the guy who wrote "I think the guy should have minded his own business, it did not involve him so he needs to stay out of it, they might have been wrong but use a little common sense, do not but in police business.", you must be ok with living in a fascist police state. Go back and read the Bill of Rights for crying out loud. Cops are supposed to be in favor of openness, not suppressing it. If the guy is not interfering or making rude comments, it is his constitutional right to film the police or anyone else in a public place. I hope the sues the pants off the Memphis PD, the city of Memphis, and these D/A cops. Go back and look at the grievances expressed against King George in the Declaration of Independence. Our current government at every level has gone far, far beyond anything done by old George. Revolution now, Restore the Constitution, free Amerika and make in America again!

triptyx - 2/3/2012 5:19 PM
2 Votes
Those images and video, assuming the Photog hasn't taking new pictures/video over top of them, are completely recoverable using readily available software. I encourage the gentleman to look into that. pkt2313 - Those Officers are in public and have absolutely no right to privacy. Just like anyone else, they can be video taped and or recorded going about their business at any time, so long as the photographer remains a respectful distance away and doesn't interfere directly with them doing their job. Further, since the individual wasn't breaking any laws, those Officers should be prosecuted under Title 18, Part I, Chapter 13, ยง 242 of the United States Code - Deprivation of Rights Under Color of Law. By committing a 4th Amendment violation against unlawful search and seizure (and destruction of private property), without having probable cause that a crime was being committed and without a duly sworn warrant, they summarily committed and illegal search upon the photographer. Until we stand up for the rights we have, we can expect those we hire to "protect and serve" us to figure they can do whatever they want, regardless of their oath to uphold and defend the Constitution of the United States, from all enemies foreign and domestic.

Starrion - 2/3/2012 1:19 PM
1 Vote
"If you are on a public street and take pictures or video of Memphis Police with your cell phone, you could end up in the back of a squad car and your pictures could be deleted." Yes you could. You could also be mugged. Being arrested for exercising a 1st amendment right and having property destroyed is equally as criminal. These MPD officers committed a crime. Unlawful detainment and destruction of property. Let us know when these officers face appropriate sanction. Given the reaction of other departments, I expect them to claim that breaking the law in this fashion is OK with them.

pkt2313 - 2/1/2012 8:31 PM
0 Votes
I think the guy should have minded his own business, it did not involve him so he needs to stay out of it, they might have been wrong but use a little common sense, do not but in police business. could have gotten his head busted open, of course, it would be wrong but, come on, if you were them, would u want everyone recording your actions???? even if you are right, would you? i would not and yes, it would make me a little mad. i say leave em alone and mind your own business. police have their hands tied enough. a long long time ago, they would have kept walking and not even looked over there. just a look from the police would have cleared the problem up. now everyone thinks they have to record every move the police makes, come on, if you hate the police that much, do not call for help when you get robbed, burglarized, traffic accident, etc.. just take care of it yourself.

UnoHoo - 2/1/2012 7:55 PM
2 Votes
Isn't there an app to instantly email your photos/upload to facebook, etc, with just a touch? They could not delete THOSE.................

Frayserboi - 2/1/2012 5:19 PM
3 Votes
Weeeeeell....'ol Frayserboi sez.....Anyone who monkeys with my phone in such a manner will get a big fat goose-egg upside they head....badge or no badge!

mycroft - 2/1/2012 4:48 PM
2 Votes
Isn't tampering with evidence a class C felony in Tennessee (Tennessee Code 39-16-503)? (Yes, I doubt that the state attorneys will prosecute, either, which is why you're supposed to sue for damages, but I'm just saying....)

libertyfirst - 2/1/2012 2:56 PM
2 Votes
@GoldenTaint - the police claim to be professional. Disrespecting a 'peace officer' does not get punished by a beating - and if you and others allow that to be the norm you endanger us all. If standing up for what is right and moral is by your definition 'self-righteous' then I'll claim that. A badge does not grant extra rights - it represents an opportunity to defend an individual's rights from attack by others - including other badged officers. If there was more than one officer at your brother's beating - they ALL FAILED. All that being said - public servants, public place - NO EXPECTATION OF PRIVACY....

cbinflux - 2/1/2012 1:37 PM
4 Votes
p.s. Casey, Password protect your phone now, and next time this happens, lock it.
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