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Main Page MBTA stomping civil rights
(Click here to view the original thread on the MassCops Message Board)

Posted by: Unregistered

Upon arriving at Downtown Crossing via the orange line, I proceeded to the Red Line platform on my way Harvard Square. As I was walking down the platform a train arrived but I was unable to get past the people in front of me in time. Two officers -- one female and one male -- were directly in front of me and when they noticed another girl rushing to catch the train, they moved aside. I missed the door by about five steps.

I bring this up because either of these officers would be likely to remember me and verify that I was not loitering on the tracks, letting trains pass while I remained to take pictures.

After the subway car passed I noticed a large number of emergency personnel -- some police, some EMT, some firemen -- on the platform heading in the opposite direction. To put this in perspective, between myself and the emergency itself was a train track, a dividing line of pillars and another train track. My position was perhaps 50-60ft away.

I observed the scene for a moment thinking it was perhaps a heart attack. Just being like every other MBTA rider thinking "wow, it must suck to be that person." The two officers who I had just passed were looking down the platform in my general direction as if they were searching for something. After about 60 seconds, one of them seemed startled by the scene across the tracks and motioned to the other officer as if to say "that's what we're looking for." These two officers communicated something to the officers near the incident and the officer near the incident replied back with "no transmission. No transmission down here."

During this exchange, one of the offices on the other platform said "stabbing." One of the officers near me said "we'll keep looking."

I know two people who work at BostonNOW and while I had no interest in taking a picture of a person taking a heart attack, when I heard "stabbing" I thought "news." I did not take my camera from my shoulder until this point.

I know I'm legally allowed to take pictures of whatever I want (with some exceptions such as private areas, etc.) but I do recognize an ethical standard as well. I'd NEVER have even lifted my camera anywhere *near* the victim for example. From my perspective I couldn't even see an inch of the victim, just a throng of EMTs and emergency equipment. The next thought that occurred to me is "what am I trying to say as a photographer?" and the answer to that question was not to get closer to the victim since I was interested in the scene as a whole. I certainly could have moved closer by going to the othe platform if that's what I wanted.

I began to take pictures using a 24mm lens (which translates to 36mm on the APS sensor on my Nikon D50) which is actually FURTHER away than normal vision (which is about 50mm). To phrase it a bit differently, if I was 60ft away, my camera was capturing what an observer roughly 83ft away would see.

Within about thirty seconds an officer from the other platform motioned to me that I should stop taking pictures. I didn't quite know how to phrase "no" politely so I said something along the lines of "I'm sorry but no." Roughly thirty seconds after this exchange an officer appeared to my right and iinstructed me to stop taking pictures. I declined with similar language. Again, he instructed me to stop shooting and again I declined.

I was not at all rude, I simply declined to cease taking pictures. I was not asked to move to another location, I was simply told that I could not take pictures.

Around this time I volunteered my identification to the officer two or three times and removed my walled to make that ID available. The officer did not express any interest in seeing the ID.

The officer then said that if I didn't stop taking pictures I would be removed from the station. I replied that I would not cease my photography and that photography was, in fact, a civil right and an activity explicitly allowed on their own MBTA Transit Police website and requested for a supervisor to be called. The officer then took me by the arm, lifted it sharply and walked me back toward the entrance.

A few months back, a friend and I were talking about the legal angles on being arrested for photography on the subway. One thing he mentioned was that resisting an unlawful order from an officer was not legal except in instances involving Constitutional (civil) rights. The friend added that even though my concern was with a civil right, he strongly recommended against resisting arrest.

As soon as the officer took me by the arm, the very first thing that went through my mind was "do not turn away or resist in any way." I was immediately aware that I was on sound legal footing in taking pictures in a public place and I did not want to do anything that would undermine that position. On the other hand, I was very much expecting that a supervisor would be called and arrest was not imminent.

I want to be extremely clear on this point. I did not, at any time at all, physically resist the officer. When he took me by the arm, I complied. This did not keep the officer from putting my arm in a painful position and marching me back toward the entrance. During this walk I repeatedly said, loudly, that I was not resisting arrest, that such force was not necessary and that I wished for a supervisor to be called. Despite not presenting any threat to the officer or anyone else, despite my compliance with the officer's orders, the officer continued to increase his use of force by cranking my arm upward.

At several points, in response to my requests for him to use less force and call a supervisor, the officer increased pressure on my arm and said "shh" several times. In other words, the officer was using painful force to silence me.

When we arrived at the main entrance the officer instructed me to leave the station and pointed toward the exits past the turnstiles. I declined and again asked for a supervisor to be called. The officer repeated his command for me to leave the station and again I declined and once again requested for a supervisor to be called. The officer placed me against the wall, moved my left arm behind me and cuffed my wrist.

Oddly enough, this is actually the point at which I realized I was in any real danger of being arrested. I have been approached by either MBTA personnell or police on roughly a dozen occasions demanding that I cease taking pictures. In each instance I held my ground and, at worst, the police came, grumbled and told me I had to take the next train or face charges of trespass. But I've never actually been arrested for doing so.

Specifically, I've been stopped at Park St perhaps a half-dozen times and Harvard around the same. It's fairly routine and kind of baffling that the MBTA police do not know their own policy.

Immediately after placing the handcuffs on, the officer instructed me to spread my legs. I did so without any hesitation but that didn't prevent the officer from kicking my legs apart. By now several officers had arrived and were standing around. Again, I requested a supervisor to be called to the scene. One officer (I believe it was not the officer making the arrest) said from behind me "you're under arrest, you don't get to make any requests."

I turned to my left and observed two officers approx. ten to fifteen feet away with my camera and while I could not see the screen, they appeared to be flipping through the images and commenting on them.

I was not read the Miranda Warning at this time. I was also not asked any questions at this time.

All told, I requested that a supervisor be called to the scene between two and three dozen times. This is a very conservative estimate. If I had to hazard a guess, I would say it was closer to 4-5 dozen times since I was saying it almost nonstop. At one point the arresting officer noted that his supervisor was at the emergency scene but did not contact him or request his presence at any time.

I asked the arresting officer the charge for which I was being arrested. He replied "treaspassing." I replied, "I wasn't trespassing, I paid the fare and was heading to Harvard Station." He did not reply.

When I complained that the left cuff was cutting into my wrist the officer replied "they're not meant to be comfortable." A few minutes later I repeated myself and the officer also repeated himself. Four hours after the arrest I still have ligature marks on my left wrist. I have had three instances of Deep Vein Thrombosis (DVT) since December of 2001. I did have a concern about the cutting off of circulation but since all my requests were met with being interrupted and increased pressure on my arm, I had no reason to believe that explaining this to the officer might actually result in the handcuffs being loosened.

This conversation took place as I was being led out of the station in handcuffs:

"Photography is a civil right and it's clearly stated on your own website."
"What about the rights of the (injured) woman?"
"Well, there is freedom of the press..."
"Are you press?"
"Massachusetts does not have a legal standard for who qualifies as press so yes, we all are."

The officer then stopped answering my questions. As we emerged from the station, the arresting officer made the comment, "How do you like it when someone won't answer your questions?" I guess in his mind there is pride, somewhere, in being stumped.

I was placed into a PD truck and driven to the police station. There I was read the Miranda Warning and asked if I understood what the officer had stated. I replied "yes." I also explained my DVT history to the booking officer.

* Why did the officer not accept my offer to show him the MBTA policy on photography?

* Why did the officer use physical force not to effect compliance with the arrest but to elicit silence.

* The officer did not contact his supervisor despite being asked repeatedly. I'm assuming that this failure is in violation of MBTAPD policy but as of this writing, I cannot be sure since I do not have access to MBTA policy on this issue.

* The officer was specifically informed of my rights under Article 16 of the Massachusetts Constitution and chose to ignore them.

* If the scene is of a newsworthy event, are my Constitutional protections strengthened?

Posted by: PaulKersey

You do not have a right to request a supervisor. A supervisor is there for his officers, NOT FOR YOU! You will get to meet him when you're booked.

1} When will you learn to do what you're told?

2} GET OUT OF HERE!

Posted by: justanotherparatrooper

" You cant tell me what to do" and " I know my rights"....Famous last words, just before the cuff's go on

Posted by: soxrock75

I think he is pissed because he ended up missing his Obama rally in Harvard Square....................

Posted by: WaterPistola

you asked for a supervisor, like he worked for a place that messed up your liberal sandwich. He is MBTA PD, I'm sure the story is much different than you have posted and I agree with Kersey on this one, get out of here.

Posted by: Wolfman

Oh my. What a shame. How terrible. When will these mean cops learn that people should be allowed to call the shots when they are being arrested? We pay their salaries, we should be the ones in charge. Friggin' neanderthals, I tell you. Hairy-knuckled jack-booted thugs with insignificant penises and IQ's of a melon. It should be required reading in whatever ridiculous academy they attend that people like you and I are the center of the universe and it's all about US. I feel your pain, comrade.

It's a good thing that you also have a right to a speedy trial before an impartial jury of your peers. You will be vindicated and the whole world will see how under the Patrick regime things are finally changing for us. Together We Can!!! Together We Can!!!

Posted by: Wiggum_1

W. T. F. , seriously.

Posted by: BPD3352

My it must be hard to breathe with your head so far up your ass. Your the person who stops on the highway to watch the accident, brings a 3 page order list to the Drive Thru window, doesn't clean the snow off your car and lets it blow all over the place, talks on your cell phone like your at Fenway Park in a restaurant, parks in the Fire Lane and goes shopping, doesn't use blinkers, and has no idea that an ambulance, fire truck, cruiser ect. is behind you! The world does not revolve around you F**K HEAD! Get a life! And think about this next time its picture time... If that was your loved on the platform dying... Would you want me taking pictures???

Posted by: galehopeful

Sadly I can't post links, but if you go to the Transit police website, there is a link to their photo police; I've summarized the parts that apply to you below:

Just becasue you provided ID doesn't mean you have a free pass to take pictures. It says you may take pictures--that also means you may not be allowed to take pictures. You may be allowed to take pictures by an MBTA Transit Police Officer or another MBTA official under the following conditions:

"The person provides proper identification;" (you followed that rule)
"The circumstances indicate the subject(s) of the picture(s) does/do not pose a security or safety threat or in any way cause disruption to service or operations of the MBTA: and" (The Transit officer was within their perogative to determine that you were causing a 'disruption')
"The picture(s) is/are for personal or educational use only (eg., tourist, railroad buff, student, artist, etc.)" (It would seem your photos were not taken for this reason)

So you were outside the boundaries of the stated rules for photography within the MBTA, which is why you were arrested.

Posted by: Sniper

Don't Tase Me Bro !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted by: JDoety

In no way did I interfere with the EMT's. You couldn't even identify the victim. I simply was trying to report on the increasing crime problem in Boston.

None of you are able to give a single reason of how I did anything wrong on a legal level.

Posted by: midwatch

Quote:

Originally Posted by Wolfman

...with insignificant penises and IQ's of a melon.

I DO NOT HAVE THE IQ OF A MELON!

Posted by: Wolfman

Quote:

Originally Posted by JDoety

In no way did I interfere with the EMT's. You couldn't even identify the victim. I simply was trying to report on the increasing crime problem in Boston.

None of you are able to give a single reason of how I did anything wrong on a legal level.

Wow. I guess you showed them.

Let's have a parade and name a new cartoon in your honor!

Posted by: Portable81

Is this you?

Posted by: lofu

In all seriousness, doesn't the MBTA require a permit for picture taking in their property. In fact I believe they issue a weekly bulletin with the names of people who have properly pulled said permits. Maybe one of the T guys or girls can comment on this. As far as Trespassing goes as soon as the officer lawfully told you to leave and you did not you were trespassing. As far as the supervisor goes, WHAAAAAAAAAAA!

Posted by: Deuce

Move to Berkley ya rubba...

Posted by: dh18

The MBTA filiming and image policy

http://www.mbta.com/business_center/filming/

The link to apply for a news photographer id card and the requirements for obtaining one.

http://www.mass.gov/Eeops/docs/msp/n...pplication.pdf

Posted by: Delta784

Why, oh why are unregistered people allowed to post? At least make it a little inconvenient for them.

Posted by: AbleOne

Taking pictures on MBTA property a civil right? I'll have to reread my constitution I must have missed that. Was this at Park Street? Was this person going to the Hemp Fest maybe? Hmmm.

Get a life and stop hanging around train stations taking pictures and looking for confrontations with the police.

Posted by: Killjoy

Your lucky the MBTA police were as professional as they are...I would have planted my boot up your ass, shortly before knocking your chiclets all over the floor.

When the police tell you to do something...its not a debate.

Posted by: mtc

Now, when I read "another female" I presume this author is also a female... birkenstocks on foot, crunchy granola Republic of Cambridge home-girl.

Now, why would she photo someone being treated after a stabbing? Why would she want to?
Either she had a scanner tucked somewhere or her friend stabbed the woman, so she could innocently be in the right place at just the right time.

And hangs out with fellow disrespectful "photojournalists" that must compare stories at the end of the day, sipping thier double lite chocomocolattes' at Starbucks.

I so want to be on that jury!

Posted by: soxrock75

Quote:

Originally Posted by mtc

Now, when I read "another female" I presume this author is also a female... birkenstocks on foot, crunchy granola Republic of Cambridge home-girl.

Now, why would she photo someone being treated after a stabbing? Why would she want to?
Either she had a scanner tucked somewhere or her friend stabbed the woman, so she could innocently be in the right place at just the right time.

And hangs out with fellow disrespectful "photojournalists" that must compare stories at the end of the day, sipping thier double lite chocomocolattes' at Starbucks.

I so want to be on that jury!

She is probably a life-long, "entiteled student" that has never had to work a single day in the real world and considers herself an artist. Or, judging from the posts, she is a Constitutional Law Professor but I am banking on her being 35 year old, "Trust Fund Baby" in Grad school...............

Posted by: HELPMe

i dont remember seeing in the bill of rights, the right to photograph a dieing person. Nice job douche bag...maybe when your dieing on the side of the road i will take pictures of you and put them on youtube.

Posted by: Harley387

Quote:

Originally Posted by HELPMe

i dont remember seeing in the bill of rights, the right to photograph a dieing person. Nice job douche bag...maybe when your dieing on the side of the road i will take pictures of you and put them on youtube.

Perhaps he/she would feel differently if there were pictures posted of their loved ones on Ogrish.com or Rotten.com, or any of the other "gore" sites. WTF is wrong with these people? How could you possibly think that photographing a person who is mortally wounded is one of your goddamn civil rights??!! Sheesh.

Posted by: justanotherparatrooper

http://30thhour.blogspot.com/
Hey ya'll..check this out

Posted by: NewEngland2007

Quote:

Originally Posted by justanotherparatrooper

http://30thhour.blogspot.com/
Hey ya'll..check this out

LOL! Shoulda known.

Posted by: rocksy1826

freakin' pathetic

Posted by: Hb13

wow this person seems like a real piece of work. I agree with killjoy, if it were me in the mbta officers position I A.) would have arrested you alot faster B) and problably would have attempted helping you when you fell on the ice.....failed but attempted.
your an ass and you need to grow the f*ck up and get a job do you just hang out around the mbta stations and hope to find something to take pictures of?
you are in a tie with douche bag of the month on my records with the 40 y/o guy who tazed his mother.

Posted by: emtgregd

Have you been reading that thread on his blog? He says he's been in touch with the aclu and he's talking about a lawsuit. Is this jackoff serious????????????? I would post a link here but the UBB software won't allow it. The url is the one justanotherparatrooper posted on page 3.

Posted by: mtc

Why do you think he did this in the first place? 'Prolly has them on speed dial.

Posted by: Wolfman

Everyone's looking for a payday. Civil rights my ass.

Posted by: HELPMe

Wasn't there a case in 07 where an MBTA officer arrested a male for trying to audio tape a police officer? When he was discovered, he threw the tapes and recorder into a crowd and beaned off the head a bystander in the crowd. This is probably that bastards wife.

Posted by: NewEngland2007

Quote:

Originally Posted by justanotherparatrooper

http://30thhour.blogspot.com/
Hey ya'll..check this out

Verrrrrrry interesting comments in the blog.

Posted by: resqjyw0

Quote:

Originally Posted by HELPMe

Wasn't there a case in 07 where an MBTA officer arrested a male for trying to audio tape a police officer? When he was discovered, he threw the tapes and recorder into a crowd and beaned off the head a bystander in the crowd. This is probably that bastards wife.

Yes. Comm. v. Manzelli.

Posted by: Zorba222

...Let me tell you something hole-lick...if you were photographing my family member during a time of an emergency and tradgety and were not respecting our privacy, I would hunt you down and stuff that camera so far up your butt your eyes would be flashing. How dare you think you have a "right" to take the attention away from someone in need just to satisfy your own hedonistic addiction. Your parents must be so proud of you....you Liberal freak!!!

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