But For Video: Sued All The Time

How many times have lawyers tried to tell the passionate believers in videotaping the cops that there are still laws that apply, even to them? This video, taken at the Babylon, New York Long Island Rail Road station, is a fascinating example of a fellow who believed a little too much in his invulnerability and the righteousness of his cause.

Smoking is prohibited on LIRR platforms. The guy taking the video was smoking a cigarette. Had he not been, he would have been fine taking video, but he was. And that means he’s subject to a summons, which means the cop is authorized to demand identification so he can write the ticket.

Upon failure to provide ID, the otherwise summonsable offense becomes an arrestable offense. And anyone subject to arrest gets a search incident to arrest to make sure he doesn’t possess a weapon or contraband.

If you want to screw with the cops, then it behooves you to know the law. Not the internet version of the law. Not the twitter version of the law. The law.

The fellow taking the video, Joe Tucker, has set up a gofundme account to solicit donations to retain a civil rights attorney to sue the cop. As of this writing, he has yet to receive a donation.

You may not like the cop. You may not like the way the cop handled this situation, enjoying far too much the fact that he could make this fellow’s life miserable for what appears to be no better reason than he could, but the point remains that if you’re going to take on the law, don’t be a dope about it.

12 thoughts on “But For Video: Sued All The Time

  1. wilbur

    Hey get out the way for Ol’ Joe Tucker
    He’s one dumb mother fucker
    Had no ID so gets a book-in
    Ol’ Joe Tucker just stands there lookin

    Reply
    1. SHG Post author

      I hate to admit this, but I love it when they ask what crime they’ve committed, as if the cop wants to argue the point with them.

      Reply
  2. Ross

    There’s only about 3 million videos on YouTube demonstrating how to do all of this correctly, and without committing other actionable crimes at the same time. This guy is now a poster child for how not to video in public.

    Does the average person really think government officials are afraid of being sued? It’s just not that big a threat.

    Reply
  3. kushiro

    This is a ridiculous arrest. He wasn’t smoking; he was using rolled up paper as a private conveyance for tobacco smoke, which is his personal property.

    It’s all explained in the UCC filing he sent to the State Attorney General.

    Reply
  4. John Barleycorn

    WTF ever happened to irons?

    AND…not to bitch esteemed one, not even saying actually.

    But didn’t cops used to insist on at least eight uniform measurements out of 24 or so (twice a year) in their contract negotiations as long as the brass insisted on the latitude to fuck with their individual shoe polishing habits (which as you know can be a very subtle way of melding “fashion” and character).

    Next thing you know ADAs are gonna be wearing flip flops in court? Do you condone this simply because you missed your opportunity to sport a mow hawk or what?

    I am sure there are ‘examples” out there that could adequately make your point without such deliberate
    disregard of “law”.

    P.S. How come no fashion divas ever put on an annual cops in fashionable shades telethon? Fuck you would think the national optometrist chains would be all over covering the “weight’ there. *Poof* no more lack of academy recruits.

    Reply
  5. Dan Grossman

    Why would he need cash to hire a lawyer? Someone with a meaningful Fourth Amendment claim should have no trouble finding a lawyer without having to pay a retainer, thanks both to 42 U.S.C. § 1988 and to the concept of a contingency fee.

    Anyone who need to pay a retainer to get a lawyer for a § 1983 case does not — almost by definition — actually HAVE a § 1983 case.

    Reply
    1. SHG Post author

      In fairness, 1983 suits are a shot in the dark because of QI, and recovery would be negligible for lack of damages. A third of bupkis isn’t much. That said, he needs a lot of cash here because no legit lawyer would take this mutt of a case.

      Reply

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