Posted on 09/06/2010 5:21:28 PM PDT by The Magical Mischief Tour
The man arrested by Jonesboro police after he'd taken a video of them during a traffic stop and called them Nazis won't be prosecuted for disorderly conduct. Matt Harden announced on his Facebook page that charges were dropped for his "agreeing not to sue." His YouTube video of the event — with officers barging onto his property and demanding ID after he'd called out to them — got wide play and was mentioned on cable news programs.
This case got worse before it got better and Harden's lawyer, Donn Mixon, filled me in on the details.
After cops entered Harden's garage without a warrant; after they demanded ID for a non-crime (criticizing a police officer); after they arguably committed a battery of Harden by grabbing his camera; after they arrested him — then they searched his garage and found a handgun. Harden was charged with being a felon in possession of a weapon. Two problems: 1) He has no felony record (despite Jonesboro police efforts to smear him by saying he'd once been mentioned as a potential suspect in a burglary) 2) he has a permit to carry a weapon.
Harden was held 24 hours before police discovered they'd filed an erroneous charge. But the disorderly conduct charge still pended. Finally, the city attorney's office said they'd drop the charge, in return for a waiver that Harden not sue over his handling. Harden's no choirboy. But the law couldn't be clearer. Shouting at a police officer isn't a trumped-up crime like disorderly conduct or obstructing government operations, not even if you call a cop a Nazi.
Here's Harden's waiver. (Link corrected.)
The Jonesboro police said:
Agreement Reached in Cameraman Arrest Case
After negotiations between a Jonesboro man who was arrested after videotaping police officers conducting a traffic stop near his residence while shouting “Nazi, Nazi, SS” and accusing the officers of violating the rights of the subject of the traffic stop, the Jonesboro City Attorney’s office and the man have both agreed to discontinue any course of action which may have led to either prosecution or civil litigation.
Early yesterday, Assistant City Attorney Carol Duncan met with Donn Mixon, a local attorney representing Matthew T. Harden in the case. Citing the need to put the matter to rest in an effort to resolve the issue in the best possible way for all parties involved, the agreement was reached.
Police officers are routinely forced to make split second decisions which encompass sometimes very complex areas of law. Since the incident and subsequent arrest of Mr. Harden, the Jonesboro Police Department and Prosecutor’s Office have fielded many calls on where the line may be drawn between a person’s right to free speech and the duty a police officer has to keep the peace.
Pennsylvania courts have consistently ruled that Police must simply expect to be subjected to verbal abuse and profanity. They may not file DC charges for profanity directed at them; however, if a citizen complains about that profanity, then and only then may they issue a citation.
Public employees performing their duties in a public place have no expectation of privacy, nor are they entitled to demand such.
That is what this is about, the attempt of a group of LEOs to circumvent the increased scrutiny and accountability to the public that they come under in the YouTube age.
The days when it was always simply a cops word against a member of the public's word are not only over, but they are over for all the public to see whether the incident goes to trial or not.
Which, considering the number of cases of cops falsifying reports, lying on the stand and, losing evidence, especially video evidence its much needed.
Could be an ethical issue here. It's generally against the rules to threaten a criminal prosecution to get an advantage in a civil matter.
Based on the information here, I'm not saying that there was any wrongdoing by the prosecuting attorney, but it might be something that the state bar should look into.
Agreed, but if that's the worst thing the prosecutor does this week then it'll be a great week for the people of Jonesboro.
There is no way in hell that I would let this slide.Personally,I would’nt have called the cops nazis either.The cops might need a lesson in procedure as they surely overstepped their authority.
I hope he didn’t sign a waiver giving up the right to sue them.
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