Man arrested for taking picture of cop in his own home

[RamboLiberal]

A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission.

According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside in his patio.

The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn't have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of "illegal photography" and arrested him.

Olvera was charged with "loud music" and "public intoxication" -- the officer had seen a beer can on the kitchen table, the lawsuit asserts.

In January, Olvera was acquitted of all charges.

http://rawstory.com/rs/2010/0623/man-arrested-picture-cop-home/

[pipoman]

1. Six digit apology on the way...

[newtothegame]

23. Probably 7. These days this kind of stuff will $et you, your family and the next generation up

for life.

[mrbarber]

2. At least the cop didn't shoot the guy.

I wish I was being facetious.

[EFerrari]

8. The other night, my cousin was following his daughter home

and her boyfriend was following him, in a three car caravan. She was stopped by a cop for a tail light. When my cousin also stopped and went to see what the problem was, the cop told him to leave. When my cousin said he couldn't leave his daughter on the side of the road in the middle of the night, the cop cuffed him and put him in the back of the squad car. When the boy friend drove up, the same thing all over again.

None of them were drinking or doping or even angry.

And I thought, at least they didn't shoot anybody.

[Name removed]

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[EFerrari]

11. Unreal. That same week, a horse and rider were hit by a car right here

on our road on a Saturday night. Horse died, rider was taken to hospital. When Mom stopped to ask what was going on, the cop was really nasty to her and told her to go home or else. Wtf? We board horses here and she wanted to make sure it wasn't one of them or I'd have had to walk the fence to look for a hole. And it turned out, it was one of ours but it had been taken out by the owner.

I later found out from the rider that his family was also told to f off when they tried to ask where he was taken. And the topper, the cops started carding anyone who approached them.

This is not a super busy road. It leads out of the suburbs and into the hills. It is the Mexican side of San Jose. There was no reason in the world to ask everyone for ID except to be dicks. They scared the hell out of people for no reason at all.

You'd think after hundreds of years, these jackasses would have figured out a way to talk to this community like people.

[Name removed]

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[Name removed]

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[chrisa]

21. The sad but true fact.

[BR_Parkway]

25. Must have been a white guy

[tblue37]

3. Public intoxication for having a can of beer on his own kitchen table!

These macho, ego-driven cops have no limits, no shame!

[donco6]

4. Public intoxication? In your HOUSE?

Unfuckingbelievable.

[Liberal In Texas]

16. "Public Intoxication" is used in Texas as a catchall if the cops don't

have a real good excuse to arrest someone. How your own home can be considered public is ludicrous.

There was a case a year or two ago where they arrested an airplane mechanic overnighting at a hotel in Arlington. He was sitting at the bar having a few drinks minding his own business before going up to his room. He got arrested for PI for doing nothing more than having a some drinks in what should be considered your temporary home. It caused big stink and a promise that they wouldn't do that anymore.

Texas has some weird laws about alcohol and some cops who think they're storm troopers.

[JuniperLea]

5. Ok, "public"... get the hell out of my house!

WTF? Just when you think you have seen the most ridiculous thing ever, some DUer finds a topper!

[KG]

6. just another 'exceptional' incident. nothing to see here folks.

:eyes:

[niceypoo]

7. Illegal photography?

I cant stand cops that make up laws as they go along.

[intheflow]

9. DUer RagingInMiami has an excellent blog documenting this growing trend.

Check it out! Photography is Not a Crime

[democrat2thecore]

18. Great blog and a great topic....thanks! -nt

[niceypoo]

22. I just spent two hours there....awesome blog!

Thanks for the link!

[Tesha]

13. The good part is, more and more, it's the cops getting caught.

Now that *EVERYONE* has a video camera with them *ALL THE TIME*,
there will be far less that the cops can get away with.

Tesha

[Jkid]

15. Problem is that there is no such law against illegal photograhy.

They're just using their CYAATT tactics.

[indepat]

17. The number of police officers who have no business being police officers is

absolutely mind-boggling and mind numbing. :P

[Nye Bevan]

19. In general I tend to defend cops on this board

but this cop sounds like an absolute, unmitigated asshole. He deserves to lose his job.

[Stinky The Clown]

20. In Maryland, a knucklehead is facing 15 years for recoding a cop arresting him

The guy was doing wheelies on his bike on I-95. The cop busted him with gun drawn. The knucklehead had a camera on his helmet to record his ride antics. Recording a voice without permission is illegal in Maryland. He was okay until he posted the shit on You-Tube.

[Liberal_in_LA]

24. hope he wins the lawsuit

[Swamp Rat]

26. kick