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Man: Police forced him to delete photos

Published 11/06/09

The sudden jostling of Antonio Amador's heating system woke him up early on the morning of Oct. 24.

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He knew something was up when the world outside his window was glowing.

"I looked through the back window of my house and saw the ambulance, police and fire and thought, 'Something big happened,' " the Severn resident said.

What made his electricity flicker was a 2002 Acura crashing into a utility pole on New Cut Road, just across from the entrance to his neighborhood.

Amador, who has been quietly building a case for speed controls on the busy road, grabbed a small camera and walked over to the scene to take some photos. He joined several neighbors already there.

"Suddenly I hear this screaming, like somebody really mad," he said. "I see this guy charging at me saying, 'Delete those pictures now!' "

Amador and the American Civil Liberties Union believe what followed was a gross violation of his civil rights and an abuse of power by police.

Amador said the officers came up to him and ordered him to delete his photos. He said that he tried to calmly explain why he was taking pictures, but that it didn't make a difference.

"They couldn't care less," he said. "They threatened to handcuff me just because I questioned why I should delete my photos in the first place."

County police spokesman Justin Mulcahy declined to comment on Amador's allegations, calling it a personnel matter. He said all complaints against the department are fully investigated.

When asked to explain whether an officer could order someone to delete photos taken at an accident, he pointed to the department's policy manual. It grants news media access as long as long as they don't interfere with an investigation or put others at risk, but does not address access by others.

A staff attorney from the ACLU office in Baltimore said Amador was within his rights and called the police actions "flagrantly improper."

"We're allowed to take photos outside of whatever we want," David Rocah said. "We don't need the approval of the police or any other government agency. It's completely beyond their authority."

The accident on Oct. 24 claimed the life of 20-year-old Joseph Martin Zapushek of Glen Burnie.

Police said that as Zapushek approached the intersection at Upton Road about 4:30 a.m., he failed to negotiate a curve and lost control of his Acura. He ran up a grassy embankment, then struck the pole.

Firefighters tried to treat Zapushek, the son of a Baltimore City police officer, but he was declared dead at the scene. Police said they have preliminary evidence that alcohol played a role in the crash.

Amador didn't know anything about the crash victim or the possible cause. But he said the officers stood over him and made sure he deleted every photo, then ordered him to leave.

"At that point, I should have gotten these guys' names and badge numbers, but I was scared, man," he said. "It's their word against mine."

Amador, a photographer and graphic designer, took photos just days before the fatal accident, when a pickup truck skidded off New Cut Road and crashed into two parked cars in his neighborhood.

"We've got a really bad speeding problem here," he said. "That could have been fatal. My girls ride bikes around there."

While Amador was saddened by Zapushek's death, he called the confrontation with police disturbing.

"I felt like a sheep and they were the wolves," he said. "I think they just abused their power and disrespected me."

Amador filed a complaint Oct. 29 with the police department. He has received follow-up e-mails and voice mails, but has not had a chance to discuss the complaint with police.

Rocah said police have no authority to demand to see a bystander's photos, order them deleted, arrest the bystander or order him to leave unless he was interfering or committing a crime. Legally, they need a warrant to even look at the photos.

Amador said he snapped most of his photos from the sidewalk. He took about two steps into the road, well back from the scene.

"We hear about this periodically," Rocah said. "I think in a well-run police department they take proactive steps to make sure their officers know the rules because they are potentially setting themselves up for liability if they don't."

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Blue Moon - 2009-11-14 08:02:31

Actually, Fred, the blue moon will occur on Dec. 31st. It will be the second full moon of Dec. as well as the thirteenth full moon of the year. I don't have anything to say about the deleted photos except that you shouldn't be afraid to defend your rights, even if it means you go to jail for a night.

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eric sacratini - tracy's landing, MD - Karma: Excellent


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Photographers Right - 2009-11-13 15:30:55

I encourage you all to read this. As a Photographer I keep this in my photo bag at all times. I tend to shoot very late at night and some people can find this suspicious and call the police. I am always very courteous and will show the officer what I am shooting and explain it to them. Very few times has it been an issue but when it has I let the officer view this card.

http://krages.com/phoright.htm

It might help you understand a Photographer's right better or for those Photographer's on here give them a resource if they ever need it.

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Chris Canty - Annapolis, MD - Karma: Neutral


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recover images - 2009-11-12 16:23:44

It it were me, I would send the deleted film drive to a data recovery service. Files can often be recovered for a fee. It is only in the movies that delete means all is gone. This needs to be done before putting more stuff on the drive which could cause an over right to the images.

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Demetrios Fotos - annapolis, MD - Karma: Neutral


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Public place - 2009-11-11 15:35:57

I was a photojournalist for 25 years so I'm very familiar with this issue. Be sure to read Eric Hartley's column covering this topic: www.hometownannapolis.com/news/col/2009/11/08-42/Eric-Hartley-Censorship-shows-police-culture-of-overreach.html.

With rare exception anyone can photograph anything or anyone in a public place. No permission is required. There are exceptions relating to military bases and the rare "homeland security" site. Model releases are required only if the photographs are to be used commercially. News organizations - or people taking photos for personal use - are not required to obtain model releases.

Police may restrict access to a crime scene or accident to prevent interference with an investigation. They do not have the authority to stop a photographer solely on the grounds that they don't want something photographed. And they most definitely do not have the authority to force someone to delete or destroy photographs.

I notice that I'm simply reiterating the points Mr. Williams' made below. He sums it up very well.

I'll note that in all my years I always found the Maryland State Police to be absolutely courteous and professional.

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Nick Lundskow - Annapolis, MD Staff


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accident - 2009-11-11 15:12:38

dear Lilly,
as an Insurance investigator the pictures can tell a thousand words,all fatal accidents have pictures taken and all the paint marks on the road or whatever start to tell a story lf,rf,lr.and rr, tires also if some one is ejected it shows where the body was as to where the car was, it is part of accident reconstruction,and the police should of done the same thing.now what do you have to say!

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jim pearson - seaford, de - Karma: Terrible


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pictures - 2009-11-11 13:14:26

If the pictures were so important to his cause, he should have waited until a family memeber was contacted and ask could he take pictures of the deceased. Also in the state of Maryland I'm sure it's illegal to take pictures without permission, especially when it's a minor.

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Lilly Anna Poelis - Annaplois, md - Karma: Neutral


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police - 2009-11-11 11:10:23

he had every right to take pictures,what would the cop do if the radar gun got him going 60mph. on west street and god forbid anyone have an accident w/a police car you will have the whole dept there to defend the officer even if the officer rearended a car at a stop light. As an ex insurance investigator cops think they are above the LAW.....seen itm to many times!!!!!!!!!!!!1

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jim pearson - seaford, de - Karma: Terrible


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A Pic Is Worth A Thousand Words - 2009-11-10 20:54:49

Digital photography has exploded the possibilities of potential public education from citizens using pictures that are worth a thousand words. Another good article by the Capital to use as a "teaching moment". These photos can help improve future public safety for sure. I applaud the man to attempt this and to follow through with his complaint. Let's not shoot the messenger, and obviously with the death of a minor, it can be sensitive, but no one said if the person's face was photographer either or if he was going to post them. Couldn't the officer just ask if he was a professional? If the photographer is not paid for this volunteer service, he doesn't need a model release, to publicly serve his community. Let's hope there is not another fatality at the same spot in the future involving another loss of life. There could have been other photographers in their cars not seen as well. The information age is here to stay. Let's hope the benefits outweigh the risks.

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M D - Davidsonville, - Karma: Excellent


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Protected By Constitution - 2009-11-10 17:23:26

In the United States it is quite legal to take pictures out in public, of anything you see. The only exception I can think of are on certain government and military installations. However if you take a photo of people and their faces are recognizable, you typically must obtain a model release in order to sell those images.

These statements are not true in many other countries, including some European nations. Taking pictures of storefronts is illegal in many other countries, for example.

That said, I was rarely confronted or stopped while taking pictures of any subject, anywhere in the world for my first 30 years as a commercial photographer. I compose a lot of photographs, typically more than a thousand every week, sometimes many more. Since 2001 I have been regularly confronted in the U.S. and overseas while taking pictures in public.

The people that confront me are typically concerned, if somewhat zealous citizens, determined to protect their public buildings, airports and bridges. Those just happen to be common subjects my clients hire me to photograph. Occasionally, police or security guards do confront me. I sometimes even offer to call the police myself to have them uphold my rights to photograph in public against aggressive people. When other police do arrive, I usually receive sincere apologies for any trouble I might have experienced.

In regards to requests to delete pictures from your digital camera you do have an alternative. There are several free or inexpensive Undelete software tools that quickly recover images that were deleted using the camera's delete buttons. When someone burly insists that I delete a particular photo and I do not have the time or energy to object, I sometimes do so. Once the individual is satisfied that I deleted the image and leaves I then switch to different memory card and continue to shoot. I quickly recover the deleted images later back in my studio.

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TH Williams - Virginia Beach, VA - Karma: Excellent


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Abuse of Authority - 2009-11-09 17:20:45

Did AACOP know at the scene that the person was the son of a BCPD, I doubt it. Did the officer cross the line, YES. Did Mr. Amador know the young man had passed away, probaly not. Should the officer recieve more training, YES. Have I taken pictures at an accident scene YES. Do I respect most police, YES. Its the bad ones that make it hard on the rest.

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Ronnie clay - Churchton, - Karma: Excellent


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Ther must be a Blue Moon out ... - 2009-11-09 16:06:12

It is on a rare occasion that I find myself siding with the arguments made by the ACLU and even rarer an occasion I would argue against the Police - however, this is one occasion that I feel the officers at the scene were wrong to make Mr. Amador delete his pictures. While taking those shots at that particular time may have been in very poor taste, his actions were not a violation of any law and therefore outside of the pervue of the officers at the scene (unless he was in the way). One can not use the defense that the police were upset at losing "one of their own" because they are paid to be dispassionate in the execution of their responsibilities - a lapse of that mentality removes their ability to carry out their assignments fairly to all citizens.
It is clear to me they violated a man's rights that morning - I hope it does not cost us tax payers to much to make him whole again via a lawsuit.

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fred flintstone - , - Karma: Excellent


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pictures - 2009-11-09 14:11:56

Has there been other accidents in that same spot? Has he taken pictures everytime if there was an accident, if not. Why was this one so important to take pictures to prove his point?

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Lilly Anna Poelis - Annaplois, md - Karma: Neutral


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Comment removed by HometownAnnapolis staff. - 2009-11-09 14:00:35

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Irrelevant? - 2009-11-09 13:09:15

It seems that we are making a pretty large leap to assume that the officers at this scene, during the chaos of event, were even aware that the driver was connected to a police officer in another city. I didn't get the impression that this info came to light until later. I just don't personally believe this was a "protect their own" situation. I do believe the officer *may have* crossed the *legal* line. I only wish one of Amador's neighbors had stepped in to challenge his behavior - no badge required..or even Amador himself could have figured out just how incredibly insensitive, inappropriate, and vile it was to whip out his camera at that particular time. Maybe he could have just waited for the body to be taken away...unlikely anyone would have cared then.

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T Kramer - , - Karma: Excellent


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Abuse of authority - 2009-11-09 12:42:42

The question remains whether the police would have acted the same had the victim not been the son of another officer. Whether they were actually trying to cover up something, or whether it was purely an emotional response because of their familiarity with the victim, really doesn't matter. The incident was on public property, and unless Mr. Amador was in some way interfering with the police/paramedics, or was in some way compromising the accident scene, the police had no right to demand anything from him. Whether you find his reasoning for taking the photos to be valid or distasteful, this was an illegal search, plain and simple.

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Scott S. - Annapolis, MD - Karma: Excellent


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Disgusting - 2009-11-09 10:44:44

My God people have we lost all common sense and decency? The police officer was just trying to keep the accident photos of a DEAD kid out of the papers and off the internet. They are just people and they likely knew they were watching the guy die, how would you feel? You Mr Amador are making much ado about nothing. I'm sure your thoughts would change if God forbid, one of your kids was lying there dying. I know that's what you are trying to prevent, but just deal with your feelings being hurt and move on.

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Ted Ginnity - Edgewater, MD - Karma: Neutral


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Anti-american Police - 2009-11-09 10:37:01

The only party that was acting in a manner in clear violation of the intent of the rights granted to us by the Constitution were the police. If the police were so sensitive and easily offended they could have been reasonable or least pretended to be crying when they intimidated the photographer

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Fred Shubbie - , - Karma: Terrible


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Amador Disrespected? - 2009-11-09 10:27:18

I would guess that the young man who was in the process of dying would have felt somewhat disrepected by having his photo taken. While it may have been completely within Amador's rights to have been photographing the carnage, it certainly exceeded the bounds of respect for the dead/ dying. This policeman may not have had legal authority to do what he did-apparently we need to start legistlating good manners.

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T Kramer - , - Karma: Excellent


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Coercive Force - 2009-11-08 17:30:29

The potential problem of the police using excessive force is as old as human kind. Many cops are good people, some are complete jerks. Most have the potential of giving you a bad day if you are caught breaking the law or if you do not give them the respect they think they deserve. The police have a monopoly on coercive force in all societies. There is nothing new here. Showing a little respect to the police goes a long ways unless you are one of the bad guys.

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Stephen Martin - Crofton, MD - Karma: Bad


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safety - 2009-11-08 09:53:44

Amador was trying to document the need for more safety measures in that area of the road. Plain and simple. The officer was emotional and wanted to shield the aftermath of poor judgement from a fellow officer's son. While alcohol apparently played a part in the wreck, perhaps if Amador's safety crusade could have been submitted earlier - this cop's son would still be alive. However, now that an officer's son has died in that area of roadway, something will be done to fix it. Too bad that's what it takes, instead of pleas from a bystander who has tried to prevent the next wreck.

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T Jackson - Annapolis, MD - Karma: Excellent


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AA County welcomes you - 2009-11-07 20:25:59

All I can say is welcome too AA County.I've lived in this county all my life and seen some wild things from the AA County police.Dont get me wrong,their not all bad but I think they all should have to get a yearly checkup by some type of therapist.You know too make sure the badge hasnt gone too their head.I saw one officer knock on a neighbors door once and when the guy opened the door the cop just walked in like he lived there.No invitation,no warrant,nothing,just a bad attidude till my neighbor asked him why he just walked into his home.

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robert moy - , - Karma: Bad


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Authoritarian State - 2009-11-07 17:56:25

I am stunned that there are so many people on this board who are so willing to give up their basic rights. This is why the Patriot Act was so easily passed. Your constitutional rights are absolute. They are not up the whims of police on the street. And that even covers unpopular behavior. The police were way, way over the line. They had no right to do what they did. Do I think what Mr. Amador did was in good taste? No. But he was well within his rights. To those who defend the police in this case, where does it stop? What are the limits of police authority? Are they allowed to violate the constitution simply because they disagree with someone's actions, even though it is not illegal?

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T. - Annapolis, MD - Karma: Excellent


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Mr. Amador's Right's - 2009-11-07 12:38:32

I have heard it said, there are 3 things to be fearful of 1. snakes, 2. a jealous woman and the 3. police. By their nature, they all have the power to hurt me (violate my rights) and make it look like it's my fault. Mr. Amador, meet No. 3.

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James T. - Millersville,, MD - Karma: Neutral


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Wrong,Wrong,Wrong - 2009-11-07 11:18:22

Mr.Amador wasnt taking pictures to post them on the internet or even pass them around like some police do. Mr.Amador stated in that particular area speeding and traffic accidents happen to often and he was attemping to use the pictures to get some restrictions or safty measures installed in the area.I respect police and the job they do, but this officer overstepped his authority.People can take pictures whenever they choose as long as it isnt interfering with official business. This isnt China,Iran or Cuba.

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A Barham - crownsville, MD - Karma: Excellent


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Stay out of the way - 2009-11-07 09:47:47

These officers were taking control of, as Mr. Nurmi called it, a frantic scene. They knew this young man's father, and they were emotional. Where's the crime? More importantly, where's the lawsuit Mr. Amador plans on filing? Stop wasting the public's time with this nonsense. Were the police out of line? They possibly stepped on it, but in this situation, it's completely understandable.

There was no cover up. There was no police brutality. There is no cause for legal or civil penalty. This is no reason for an apology - unless it's from Mr. Amador to the police for acting as he did. Drop it Mr. Amador, stop wasting the valuable time of these fine men and women that protect us. Just think if you were that young man's family, that is the tragedy in this story, not your right to photograph a dead body.

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Lola Huddleston - Annapolis, MD - Karma: Excellent


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We need protection from career crim - 2009-11-06 23:26:48

Police regularly display a sense of entitlement to their hypocritical impunity. On one hand they see fit to prosecute the normal citizen at any possible opportunity, and are among the elite, above the law class of our country and regularly flout their privileged. Sure, there are always some bad apples in the box, but there's always a bad apple, rolling the stop sign, speeding down my street or passing me on the highway when I'm doing what's supposed to be the 'limit'. We need more citizen police power to bring these scofflaws to justice. I've confronted officers for their hypocracy and been threatened. They know they have the power, the gun, the law, the taser, and I'm just a little nobody and they can make up something to harass me about. I don't have a pack of taxdollar paid career criminals always at my beck and call for backup, but if I did, I would go after the #1 criminal gang- the police. Police video and audio recordings should be mandatory at all times and be available to the public. We're paying for it. Also their cars should be tracked by GPS for speed and the officers should be issued personal tickets for any overages. They should Lead by Example or get a fine just like the rest of us. They're getting paid, or driving our car off duty, if it's not worth putting the lights on why can't they obey the law?

Pardon the digression. If the police weren't doing something wrong why are they threatening somebody over pictures? It's not their job to make judgements, it's their job to gather evidence. If they destroy evidence, such as the images on the camera, they are committing a crime. Implies more police cover-up work.

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William Small - Annapolis, MD - Karma: Neutral


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. -12

Double Standard - 2009-11-06 19:02:04

Only the Police can have pictures of fatal wreck scenes. Civilians are prohibited from taking these pictures when it's a cop's kid.
Yes of course it's in very poor taste but it isn't illegal.
I've known quite a few cops that passed around fatality photos like teens with a dirty magazine.

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Paul O'Flanagan - West River, MD - Karma: Good


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. -12

police - 2009-11-06 16:41:39

They were fighting to say the kids life, that fact shouldn't be overlooked. It sounds like the situation was frantic. Then you have a person taking pictures of the scene. Does anyone really think the police officer was covering anything up? NO. Most likely he was showing respect for the dying kid by not having his picture taken. Get over it Mr. Amador. Your feel disrepected? Good grief. Think of the kids family and the brave emergency crews, not how you think you've been disrespected cause your photos were deleted.

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Brian Nurmi - Annapolis, MD - Karma: Good


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. +38

Get rid of the officer! - 2009-11-06 14:50:18

J.R. In Gambrills wrote.."I would have tasered him and then hit him over the head with the camera after he deleted the photos"
And that, sir, Is why you are not a police officer! And hopefully, the officer(s) who thinks Anne Arundel County follows the same rules as the former Soviet Union will loose his job, his pension and his power trip! It's hard to respect "Law enforcement" when they behave that way.

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Fred Bralman - Arnold, Md - Karma: Excellent


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. -28

bad cop - 2009-11-06 14:44:41

"Police said they have preliminary evidence that alcohol played a role in the crash."

The cops were just protecting one of their own. This is not good.

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Fred Shubbie - , - Karma: Terrible


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. +12

JR, I disagree with your POV - 2009-11-06 14:35:14

This guy wasn't getting in anyone's way and these cops got on a power trip and forced him to delete lawfully taken photos.

Unfortunately, this is not unusual behavior from our police officers. These abuses of power should NOT be tolerated. I know there are good cops out there, but they work quietly and efficiently and the power hungry jerks are the ones who get noticed.

Stand up for your liberties or have them taken from you.

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Bruce K - Annapolis, MD - Karma: Excellent


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight. -52

under the circumstances - 2009-11-06 14:19:14

It was a fatal accident, I don't think you need photos to prove your point, anyone you address the speeding concerns with would know of that night's events. I don't fault the cops at all certainly this poor "Sheep" had photos of somebody's dead son on his camera, merely taking the photos is a sign of no class.... I would have tasered him and then hit him over the head with the camera after he deleted the photos

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J R - Gambrills, md - Karma: Neutral

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