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Re: I was taken in handcuffs for photography at the Freeman St Station on the 2

Posted by AMoreira81 on Fri Feb 13 23:21:14 2009, in response to I was taken in handcuffs for photography at the Freeman St Station on the 2, posted by rtype3995 on Thu Feb 12 20:54:45 2009.

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I was at freeman st on the 2 on the s/b plat taking pics...a officer(p.o mede/#6673)yelled to me just as I was getting on the train to leave....he asked for I.d; I showed him and he proceeds to tell me I'm not supposed to be taking pics...

Nothing wrong with this point; normally an officer will let you off here if you get on the next train and move to another spot; chances are someone summoned them there.

I told him that's not true, and I'm willing to bet your paycheck...so as we're in disagreement, his partner who is on the n/b side(removed for this post)asked what was I doing...his partner said taking pics...he told me I had to delete them...I told him I'm not doing that....so he comes over to where me and the cop are at, and we proceed to go back and forth on what I can/cant do in regards to the photos....eventually, he called his sargent, and the sargent says I'm not allowed to take pics...I told him on t/a's rules of conduct it says we are....the sargent tells me their rules and t/a's rules are different....I told him, if you feel I'm in the wrong, give me a a summons and I'll see everyone in court...the sargent says to arrest me....so after being brought down to district 12 to get a warrant check and all that good stuff(mind u I told him I needed the bathroom and to make a call, and those things were denied until I was about to leave), I get my 3 summones(1 for the photography, one for discon/unreasonable voice, and the other for impeding traffic)....I go to court for the photography in march and the other 2 in april....I'll be weighing the other options and will look for a lawyer in addition to filing a few ccrb complaints.....so the controversy continues with whether or not we can or can't take pictures down here.....(I asked the cops what are u giving me a summons for before being handcuffed, they said you'll see it when u get it)

The photography one will be thrown out, for the impeding traffic one, this may come down to a technicality and would require an interpretation of the rule.

As for unreasonable voice, that likely also comes down to a technicality.

If you had just headed onto the next train, there would be no issue. In fact, I have used the same spot. Your major mistake was not moving on; I don't see how you win on unreasonable voice unless the officer doesn't show or unless the questioning makes the officer unable to keep his story straight.

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