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Got ticket for taking photos.


oleg k

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<b>Looks like really a basic 240.20 sub 5 or sub 6! </b> <BR><BR><i>Disorderly conduct<BR><BR> A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:<BR><BR> 5. He obstructs vehicular or pedestrian traffic; or<BR><BR>

 

6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or </i><BR><BR>@END

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Looks like the ticket was for sub 5; "obstructs vehicular or pedestrian traffic".; thus nothing to do with taking photos. Cops give these to folks when you dont have a camera, so I dont as a non lawyer see what the issue is; ie "ticket for taking photos". If you stood there with Barney outfit to close to them you probably would get the same ticket, but a thread might appear on barney.net? :)
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<p>It doesn't matter what it says on the ticket, what it's for is <a href="http://www.google.com/search?q=%22contempt+of+cop%22">contempt of cop</a>. You actually got off lightly--they could well have arrested you, or worse.</p>

 

<p>I gather from your name that you're Russian. If you're old enough to remember those days, just treat cops the way you would have treated the KGB in the Soviet Union and you'll probably be okay. If not--just understand that cops are your lords and masters and have the power of life and death over you, and treat them accordingly.</p>

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I might be an idiot, but you people give up your rights so easily, that's sad. So if a cop tells you to go and kill somebody, you probably will. Otherwise you will get a ticket for misconduct.

 

So I pleaded not guilty. Getting a "GOOD lawyer" is not a very good idea, i'm not that rich. We'll see what happens.

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<I>just treat cops the way you would have treated the KGB in the Soviet Union and you'll

probably be okay. </I><P>

 

Too funny. I wonder if the KGB would have given you two warnings to back-off. More likely,

if they saw you taking pictures of them dealing with someone, they'd have taken you into

lubyanka for some reeducation.

www.citysnaps.net
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For all of you that love to dump on the police - spend 1 day with the constant possibility that the every person you deal with could kill you, then come back here and post some thoughts.

 

Most people have absolutely no idea what it's like to deal with the part of society that has nothing to lose and is always looking for a reason to prove it. Think about how exciting your petty office meetings would be if guns were a concern.

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Oleg, here are some contacts to help you: <ul>

<li><a href="http://nlgnyc.org/">National Lawyer's Guild NYC branch</a>

<li><a href="http://www.nyclu.org">NYCLU</a> (NYC ACLU office)</ul>

Also, contact Norman Siegel

<br>Phone: 212-532-7586

<br>Email: <a href="mailto:siegelnorman@aol.com">siegelnorman@aol.com</a><br>

Norman Siegel takes on high profile cases, but he is a very helpful guy with a great staff & will help point you in the right direction. <p>You should also file a complaint with the <a href="http://www.nyc.gov/html/ccrb/home.html"> NYC Civilian Complaint Review Board (CCRB) </a>. They aren't always receptive, but can sometimes be of help. <p>

Speaking as an activist who deals with the cops in good & not so good circumstances on a regular basis & also as the daughter of a retired NYPD Captain, I think you kind of asked for trouble. That doesn't make the cop's reaction right (and fighting it, if you're so inclined, is a good thing), but you shouldn't be surprised by the reaction either. If a cop says "Go Away", you should do so unless you are trying to get arrested or summonsed on purpose. You lucked out this time & believe me... your ticket has nothing to do with an attempted photograph, but rather your attitude. You're also lucky you didn't get a 24 hour trip to the Tombs (Manhattan Central Booking) because lots of NYPD have been opting for that course of action rather than ticketing. The Tombs are no fun, trust me. I know first hand. You chose to pick a verbal fight with a cop... not smart at all.

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Oleg, In the US, if a police officer orders you to do something while he or she is in the act

of performing any official duty--in this case, in the act of detaining or arresting someone,

you must obey. Obviously, use common sense here, he didn't tell you to hop on one leg,

he told you to leave, and that's what you should have done. I would think that even the

most off the wall bleeding heart aclu commie lawyer would grudgingly tell you the same.

The bottom line is that the officer felt uncomfortable--this translates into your

interference of police work because you became an unnecessary distraction, potentially

putting the officers' lives at risk. It doesn't matter that the other guy wasn't arrested--the

outcome of his business with the police is none of yours.

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>Oleg, In the US, if a police officer orders you to do something while

>he or she is in the act of performing any official duty--in this case,

>in the act of detaining or arresting someone, you must obey.

 

So if he orders you to go and kill somebody, you must obey? That's BS. There's no law like that.

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<i>"There is no law like that."</i>

<p>

From the texas Penal Code:<p>

"ᄃ 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law; . . . ."<p>You may not agree with the officer's perception or interpretation of this law, hell a judge might even agree with you and the case could even get dismissed! But now you must defend yourself in the arena designated by the law. There is an ole saying, you can beat the rap, but you can't beat the ride. You were lucky, you just got a ticket. I wouldn't behave that way in Texas, here it is a ride.

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I hate NYC cops, man. I have never got a ticket but I was intimidated out of taking pictures.

 

As a fellow Soviet Union survivor I must say KGB is a different story - you'd rot in jail for years if you tried to be critical of the regime. USSR wasn't supposed to be free - was it? Many artists sacrificed their lives to assert their artistic freedom over there.

 

It is surprising how easily free citizens of a free state give up their freedoms. I'd say fight the ticket and publish the pictures of those a...holes.

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<I>It is surprising how easily free citizens of a free state give up their freedoms.</I><P>

 

Ah, OK. You must be referring to the freedom to not back-off when lawfully instructed by a

cop as he's doing his job. Right? I'm pretty steamed on losing that freedom myself...

www.citysnaps.net
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  • 3 weeks later...

I have an update. Pleaded not guilty. Went to NYC criminal court yesterday. Won the case.

 

How it went - criminal DA listened to my story, was very surprised, couldn't believe it, then asked the judge to dismiss it. Judge agreed.

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