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	<title>Comments on: AZ police refuse to return video camera to man they arrested for filming them</title>
	<atom:link href="http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Fri, 10 Sep 2010 04:34:05 +0000</lastBuildDate>
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		<title>By: debbie</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-34303</link>
		<dc:creator>debbie</dc:creator>
		<pubDate>Tue, 24 Aug 2010 02:57:58 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-34303</guid>
		<description>Are you kidding me?  An actual Arizona police department that would &quot;fabricate&quot; details of an arrest?  The Glendale Police Department is the BIGGEST FABRICATORS AND LIARS I HAVE EVER SEEN IN MY LIFE!  I actually (and stupidly) helped them SOB&#039;s apprehend a suspect who I agree is a complete ass..... and habitual criminal!  ATFER I HELPED THEM (TWO TIMES MIND YOU AND THIS SOB KEEPS GETTING OUT....BECAUSE I HAVE FINALLY FIGURED OUT THAT THE LITTLE SOB IS AN INFORMANT!).  AFTER PERSONALLY HELPING THEM, MIND YOU, GET THIS SOB ON 2 SEPARATE OCCASIONS (AND YOU CAN BET HE&#039;LL GET OUT AGAIN).... THE GLENDALE PD ASS.....ARRESTED MY 18 YEAR OLD DAUGHTER....WHO IS GUILTY OF NOTHING BUT BEING NIEVE AND STUPID!!!!!  I HOPE THE GLENDALE PD REALIZES WHO THEY HAVE COME UP AGAINST.......WATCH  AND SEE.....I WILL WRITE AGAIN SOON WITH AN UPDATE ON HOW THOSE M....F....ERS CANNOT TREAT PEOPLE LIKE THIS!  WATCH AND SEE.....IT WILL ALL BE LEGAL AND &quot;ABOVE BOARD&quot;....</description>
		<content:encoded><![CDATA[<p>Are you kidding me?  An actual Arizona police department that would &#8220;fabricate&#8221; details of an arrest?  The Glendale Police Department is the BIGGEST FABRICATORS AND LIARS I HAVE EVER SEEN IN MY LIFE!  I actually (and stupidly) helped them SOB&#8217;s apprehend a suspect who I agree is a complete ass&#8230;.. and habitual criminal!  ATFER I HELPED THEM (TWO TIMES MIND YOU AND THIS SOB KEEPS GETTING OUT&#8230;.BECAUSE I HAVE FINALLY FIGURED OUT THAT THE LITTLE SOB IS AN INFORMANT!).  AFTER PERSONALLY HELPING THEM, MIND YOU, GET THIS SOB ON 2 SEPARATE OCCASIONS (AND YOU CAN BET HE&#8217;LL GET OUT AGAIN)&#8230;. THE GLENDALE PD ASS&#8230;..ARRESTED MY 18 YEAR OLD DAUGHTER&#8230;.WHO IS GUILTY OF NOTHING BUT BEING NIEVE AND STUPID!!!!!  I HOPE THE GLENDALE PD REALIZES WHO THEY HAVE COME UP AGAINST&#8230;&#8230;.WATCH  AND SEE&#8230;..I WILL WRITE AGAIN SOON WITH AN UPDATE ON HOW THOSE M&#8230;.F&#8230;.ERS CANNOT TREAT PEOPLE LIKE THIS!  WATCH AND SEE&#8230;..IT WILL ALL BE LEGAL AND &#8220;ABOVE BOARD&#8221;&#8230;.</p>
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		<title>By: Michael Kielsky</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14799</link>
		<dc:creator>Michael Kielsky</dc:creator>
		<pubDate>Tue, 01 Sep 2009 15:46:36 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14799</guid>
		<description>I&#039;ll take Mr. Nappi&#039;s case ... free consultation, call us and make an appointment. 480.626.5415 / http://KRElegal.com</description>
		<content:encoded><![CDATA[<p>I&#8217;ll take Mr. Nappi&#8217;s case &#8230; free consultation, call us and make an appointment. 480.626.5415 / <a href="http://KRElegal.com" rel="nofollow">http://KRElegal.com</a></p>
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		<title>By: Fascist Nation</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14796</link>
		<dc:creator>Fascist Nation</dc:creator>
		<pubDate>Tue, 01 Sep 2009 07:57:04 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14796</guid>
		<description>I should note however a conviction will be a permanent record.  For some this is a badge of honor, but for some jobs it will bar you for life.

I suspect they will offer you a diversion program.</description>
		<content:encoded><![CDATA[<p>I should note however a conviction will be a permanent record.  For some this is a badge of honor, but for some jobs it will bar you for life.</p>
<p>I suspect they will offer you a diversion program.</p>
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		<title>By: Fascist Nation</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14794</link>
		<dc:creator>Fascist Nation</dc:creator>
		<pubDate>Tue, 01 Sep 2009 07:45:33 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14794</guid>
		<description>Marc is a great lawyer, and he has experience in the Scottsdale City court successfully defending arrested cameramen.

But as you probably found out he charges $175 for the initial consult.  Because he is highly sought after.

If you balked yesterday at the price -- and I am guessing you are probably looking at $3,000 - $4,000 if it goes to trial, you can save a bit with a newer lawyer.  I would consider Michael Kielsky.  He is not as experienced as Marc but he has a similar dislike of government. 
http://krelegal.com/michael_kielsky

Terry is right---assuming they don&#039;t add charges (like assaulting a police officer) --- that law does not apply to you.  You can file a motion to dismiss with prejudice.

And Jon is right that you can put in a Rule 15.2 (?) demand for copies of all evidence to be used against you including the video you took.

Was the girl cited?

Lastly, if the video indeed shows you were assaulted by the police for refusing to stop filming, turn over the tape I would file a civil rights lawsuit in federal court under 42USC1983.  And file criminal charges against the police officer(s) for assault with a weapon and kidnapping.

Class 2 Misdemeanor = Up to $750 fine and up to 4 months in jail.  If you have no convictions there will be no jail.  The fine would normally be substantially less but then they heap numerous fees on top of it.  My guess is with a little effort you could have some fun for less than $500, and might even get the charges dismissed.</description>
		<content:encoded><![CDATA[<p>Marc is a great lawyer, and he has experience in the Scottsdale City court successfully defending arrested cameramen.</p>
<p>But as you probably found out he charges $175 for the initial consult.  Because he is highly sought after.</p>
<p>If you balked yesterday at the price &#8212; and I am guessing you are probably looking at $3,000 &#8211; $4,000 if it goes to trial, you can save a bit with a newer lawyer.  I would consider Michael Kielsky.  He is not as experienced as Marc but he has a similar dislike of government.<br />
<a href="http://krelegal.com/michael_kielsky" rel="nofollow">http://krelegal.com/michael_kielsky</a></p>
<p>Terry is right&#8212;assuming they don&#8217;t add charges (like assaulting a police officer) &#8212; that law does not apply to you.  You can file a motion to dismiss with prejudice.</p>
<p>And Jon is right that you can put in a Rule 15.2 (?) demand for copies of all evidence to be used against you including the video you took.</p>
<p>Was the girl cited?</p>
<p>Lastly, if the video indeed shows you were assaulted by the police for refusing to stop filming, turn over the tape I would file a civil rights lawsuit in federal court under 42USC1983.  And file criminal charges against the police officer(s) for assault with a weapon and kidnapping.</p>
<p>Class 2 Misdemeanor = Up to $750 fine and up to 4 months in jail.  If you have no convictions there will be no jail.  The fine would normally be substantially less but then they heap numerous fees on top of it.  My guess is with a little effort you could have some fun for less than $500, and might even get the charges dismissed.</p>
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		<title>By: Jon Quimbly</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14771</link>
		<dc:creator>Jon Quimbly</dc:creator>
		<pubDate>Mon, 31 Aug 2009 05:14:18 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14771</guid>
		<description>Jeff, if you believe that there&#039;s evidence on your seized camera which would clear you of the charge, then you should not &quot;have to wait until the case is adjudicated to recover my property&quot; (that&#039;s just the cops giving you the run-around.)

It was seized as evidence, so if it&#039;s helpful to your case, you can call it into evidence in the courtroom.  And if it shows the cops behaving badly, it could be helpful in a civil rights lawsuit.

Discuss it with a lawyer - as others here have said, best to not discuss the details online with anyone but your lawyer, until the case is over.</description>
		<content:encoded><![CDATA[<p>Jeff, if you believe that there&#8217;s evidence on your seized camera which would clear you of the charge, then you should not &#8220;have to wait until the case is adjudicated to recover my property&#8221; (that&#8217;s just the cops giving you the run-around.)</p>
<p>It was seized as evidence, so if it&#8217;s helpful to your case, you can call it into evidence in the courtroom.  And if it shows the cops behaving badly, it could be helpful in a civil rights lawsuit.</p>
<p>Discuss it with a lawyer &#8211; as others here have said, best to not discuss the details online with anyone but your lawyer, until the case is over.</p>
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		<title>By: Terry</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14770</link>
		<dc:creator>Terry</dc:creator>
		<pubDate>Mon, 31 Aug 2009 04:06:14 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14770</guid>
		<description>Arizona Title 28 ARS 622(A) has to do with regulating traffic and vehicles, not disagreements in private parking lots. As such, the charge has no bearing on the situation at hand. 

If you had indeed physically struck the officer as he claimed in his police report, there&#039;s no way they wouldn&#039;t be pursuing assault charges against you.   

This is looking more and more like a save face charge all the time. 

You should be able to have the 622(A) cite dropped fairly quickly. I hope you consider following through with a civil rights lawsuit and seek perjury charges against the cop if his report is indeed a fabrication and he doesn&#039;t amend it prior to your scheduled court date.</description>
		<content:encoded><![CDATA[<p>Arizona Title 28 ARS 622(A) has to do with regulating traffic and vehicles, not disagreements in private parking lots. As such, the charge has no bearing on the situation at hand. </p>
<p>If you had indeed physically struck the officer as he claimed in his police report, there&#8217;s no way they wouldn&#8217;t be pursuing assault charges against you.   </p>
<p>This is looking more and more like a save face charge all the time. </p>
<p>You should be able to have the 622(A) cite dropped fairly quickly. I hope you consider following through with a civil rights lawsuit and seek perjury charges against the cop if his report is indeed a fabrication and he doesn&#8217;t amend it prior to your scheduled court date.</p>
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		<title>By: Jeff</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14768</link>
		<dc:creator>Jeff</dc:creator>
		<pubDate>Mon, 31 Aug 2009 03:34:41 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14768</guid>
		<description>The police report lists several charges which have not actually been made. I am just being charged with &quot;AZ28-622A - Obedience to a police officer&quot; http://www.azleg.state.az.us/ars/28/00622.htm

The night of the incident I was not actually charged with anything, I was told they would mail the charges to me if any were made. About 6 weeks later I received the failure to obey charge in the mail. When I called the property department at SPD, they said that I would have to wait until the case is adjudicated to recover my property.

I will be contacting Marc Victor first thing tomorrow morning.

Thanks for the support!</description>
		<content:encoded><![CDATA[<p>The police report lists several charges which have not actually been made. I am just being charged with &#8220;AZ28-622A &#8211; Obedience to a police officer&#8221; <a href="http://www.azleg.state.az.us/ars/28/00622.htm" rel="nofollow">http://www.azleg.state.az.us/ars/28/00622.htm</a></p>
<p>The night of the incident I was not actually charged with anything, I was told they would mail the charges to me if any were made. About 6 weeks later I received the failure to obey charge in the mail. When I called the property department at SPD, they said that I would have to wait until the case is adjudicated to recover my property.</p>
<p>I will be contacting Marc Victor first thing tomorrow morning.</p>
<p>Thanks for the support!</p>
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		<title>By: Jon Quimbly</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14745</link>
		<dc:creator>Jon Quimbly</dc:creator>
		<pubDate>Sat, 29 Aug 2009 22:22:40 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14745</guid>
		<description>Thomas Paine,

Ah missed the last page, thanks for correcting my mistake.  Nappi says he hadn&#039;t captured her on media.  Can&#039;t wait to learn how this one turns out.</description>
		<content:encoded><![CDATA[<p>Thomas Paine,</p>
<p>Ah missed the last page, thanks for correcting my mistake.  Nappi says he hadn&#8217;t captured her on media.  Can&#8217;t wait to learn how this one turns out.</p>
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		<title>By: Thomas Paine</title>
		<link>http://carlosmiller.com/2009/08/27/az-police-refuse-to-return-video-camera-of-man-they-arrested-for-filming-them/#comment-14742</link>
		<dc:creator>Thomas Paine</dc:creator>
		<pubDate>Sat, 29 Aug 2009 17:21:35 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=7776#comment-14742</guid>
		<description>Jon,

The last page of the PDF does include an Arrest Report, which indicates Nappi is being charged with 13-3019A2 Unlawfully View/Tape/Record Person.  The full text of the statute is here:

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03019.htm&amp;Title=13&amp;DocType=ARS

If the woman is on the recording, I&#039;m guessing it will come down to the interpretation of &quot;not otherwise visible to the public.&quot;</description>
		<content:encoded><![CDATA[<p>Jon,</p>
<p>The last page of the PDF does include an Arrest Report, which indicates Nappi is being charged with 13-3019A2 Unlawfully View/Tape/Record Person.  The full text of the statute is here:</p>
<p><a href="http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03019.htm&amp;Title=13&amp;DocType=ARS" rel="nofollow">http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03019.htm&amp;Title=13&amp;DocType=ARS</a></p>
<p>If the woman is on the recording, I&#8217;m guessing it will come down to the interpretation of &#8220;not otherwise visible to the public.&#8221;</p>
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