taking photographs = obstruction ?

Typos notwithstanding, this is a pretty interesting video from Glass Bead Collective, documenting a Critical Mass Ride in March 2007 where the police arresting bicyclists and then the people who were photographing them arresting the bicyclists.

I recently helped write a motion for someone who got arrested and arraigned on the charges of Obstruction of Government Administration in the Second Degree (P.L. § 195.05) and then resisting arrest (P.L. § 205.30). What did the facts allege? That when the police were doing an "investigative sweep" in a building, he stood up and then didn't sit back down. He also asked what was going on, objected to being told to sit down and asked why they wanted him to sit down, specifically "WHAT’S GOING ON? WHY DON’T TELL US TO SIT DOWN." When the police went to arrest him for that conduct, they allege he resisted arrest by flailing his arms and body and tucking his arms underneath him.  Mind you, that's not -his- story (I can't and won't say anything about that because of confidentiality),  that's just what the complaint alleges. And unlike the people in this video, his charges weren't dismissed or ACD'ed (Adjourned in Contemplation of Dismissal). At least not yet - that's why we wrote a motion.

When it often takes over 24 hours go to through arraignment, it really makes you think twice about doing anything except keeping quiet and complying when it comes to -any- interaction with the police. Even if you're lucky enough to eventually be vindicated (Let me note that an ACD for this kind of offense usually isn't sealed until after 6 months, by the way) you still have to go through a pretty horrible process. In this case, the people affected are trying to use the video to make the NYPD accountable by going through the Citizen Complaint Review Board, but apparently are having no luck. By the way, there are some pretty interesting stories on the Case Profiles Page of CCRB.




(Found on Boing Boing.)