MAPLEWOOD POLICE OFFICER BLOCKS VIDEO RECORDING OF ARREST, RECEIVES NO PUNISHMENT

What began as a Maplewoodian.com effort to report on a police arrest last fall turned into an apparent abuse of police power and denial of journalistic rights. 

And the officer at the center of the issue has apparently gotten off with no punishment. Police apparently determined his actions to deny me, as a member of the public, my rights were not considered misconduct.

The incident occurred Oct. 3, 2013, while I was walking along Springfield Avenue near Tuscan Road and came across police arresting a man outside of the nearby liquor store.

It was later reported by police that the man was arrested and charged with shoplifting at the store.

During the arrest, I began recording the situation on my cell phone, staying well away from the scene and not interfering in the arrest effort.

As you can see in the video below, Officer R. Smith, who was not engaged in the arrest, approached me and demanded that I stop recording. He did not say it was interfering with the other officers, only that it was an investigation and that I had to stop because he "said so." He then grabbed the phone out of my hand, later returning it with the order, "do what I tell you to do when I tell you to do it."

When asked why I could not record it, he said only, "because I said so." 




maplewood police from Joe Strupp on Vimeo.


After the incident occurred, I contacted several media attorneys and other civil rights experts and found that most state law and legal rulings give both the press and the public the right to video police engaged in their activities on a public street if the recording does not interfere.

On Oct. 16, 2013, I filed a complaint with Maplewood Police stating that my civil rights were violated when the officer grabbed the cell phone camera from me and denied me the right to video police activities.

In mid-November, I met with Captain Michael Marucci, who explained that the case was undergoing an internal review as well as a review by the Essex County Prosecutor's Office to determine if any criminal or other action was taken that would require their prosecution.

During all of this, I was asked not to discuss the case or post the video. I agreed.

Last month, I received the following letter that indicated no criminal prosecution would be done and that the police department's internal review found "insufficient evidence" to determine that "alleged misconduct occurred."

But it also stated that the review found "a collateral issue was uncovered with respect to Police Officer Smith's conduct towards the public," adding that Smith would then receive "mentoring and coaching."

I called Capt. Marucci and asked what kind of "collateral issue" was uncovered and he said Officer Smith's "demeanor" toward me in this case was considered improper. He said the officer was never suspended or given any other punishment for his actions, but would be given "mentoring and coaching."

Suffice it to say this does not give me comfort knowing that our efforts to keep tabs on police and public officials are in danger of being stopped. Apparently, police can block our right to record them doing their work, a practice that helps maintain civil rights are protected. That means your right to know, too.