The facts laid down in the petition of the Supreme Court are as follows:
“On August 14, 2014, John Bauer, a detective at the Denver Police Department, noticed that he thought there was a drug deal in the silver car. He turned on the radio for backup and reached a parking lot behind the car. As he got out of his car, Detective Bauer again called out “Police.” Pet App 8A. Pinned. “ID
As responding Sgt. Russell Boothwell arrived to help, Flores “removed a sock from his waist and stuffed it into his mouth.” Pet App 8A. There was no indication that Flores was armed or dangerous. But officers assumed the sock contained drugs, so they ordered him to “spit it out.” The ID officers then “fell to the ground” with Flores as they tried to remove the sock. ID
Petitioner Levy Fraser was closely watching the altercation in the parking lot. Detective Bauer initially “asked her for help” to get the socks out of Flores’ mouth. Pet App 8A. The petitioner briefly approved. But as soon as the other officers arrived, they told the petitioner to retreat. The petitioner “walked about ten feet and started video recording of the event using his tablet computer.” The IDS did not interfere in the operations of the officers. SA_101, 111 A_268.
What the petitioner recorded was dramatic. Flores refused to take the sock out of his mouth, an officer tied his hand over Flores’ head. The other officer put Flores’ arms behind his back. . 8 O SA_75. As the petitioner later stated: “[T]They were punching, but even more painful was the cement hitting Mr. Flores in the face. . . . [I]It seems like after a strike, [OfficerJones] Could stop and,. . Manually pulled out the sock. SA_75. “There was no need for a second or third, definitely a fourth, fifth or sixth. Id
Flores’ girlfriend, Maira Lazos-Guerrero, who was seven-and-a-half months pregnant, screamed and turned to officers. “Officer Jones pushed him away, and then Officer Evans grabbed his ankle and pulled him off his feet.” Pet App 9A She fell on his stomach and face, and he hit the floor.
As the petitioner recorded the violent conversation, Sergeant Boothwell shouted, “Camera!” Pet App 9A All officers attended the Denver Police Department’s training, which explained that citizens have the First Amendment right to record police during a public amendment. ID 66A, 70A. And they all knew that this constitutional principle was “safe.” [Frasier’s] They have the right to record. “ID 13A, 66A, 70A. However, as the petitioner stopped filming and returned to his parked car, Officer Evans chased him” and told him to identify and arrest him. Brought the video to the officer’s patrol car. “
The petitioner brought his driver’s license, but not his computer tablet, to the patrolman. He feared that if he gave the officers access to the video, they would “disappear” it. ID 9A. As the petitioner explained, “I had just observed an officer that I did not have the power to strike anyone in the face, and I was the only one who had video evidence of his mistakes.” SA_33, 78. Officer Evans kept asking for video. Pointing to the back seat of his patrol car, he said to the petitioner, “Well, we can do it the easy way or we can do it the hard way.” Pet App 9A When the petitioner has not yet responded, Officer Evans asked him to fill out a witness statement form. Upon further request by Officer Evans to state that he had filmed the incident, the petitioner wrote (falsely) in his statement that “he only took a snap chat photo of the arrest.” ID 10A. He added that he did not have a “copy” of the photo on his “phone” because “SnapChat removes the chat.” [footage] As soon as you send [it]. Identity (Change in Court of Appeal)
Officer Evans asked the petitioner to pick up his phone. As the petitioner returned from his car, another officer said, “It’s not,” and indicated that his recording device was large. A_1014-15. On this occasion, the five officers surrounded the petitioner and demanded video. Believing that he would be taken to jail if he further refused, the petitioner withdrew his tablet. Pet app. 11 a. Officer Evans then grabbed the tablet. [petitioner’s] The petitioner objected that it was inappropriate without a warrant, but the officer continued to scan the files on the Evans tablet. The ID then announced to the other officers, “I am here. Not watching video I can’t find it. “As long as there is no video, that’s fine,” replied another officer. . . . [I]f is just a picture, that’s fine, as long as there is no video. SA_89 96
Mr Flores was taken to the ambulance, bleeding from the back of his head. The record does not indicate the extent of his injuries. Following the incident, the petitioner provided a copy of his video to the Denver Police Department and Fox 31 News Denver. The media aired an investigative report on the use of force by the officers and presented several follow-up reports. Following the publicity of the incident, the department changed its policy of using force to prevent officers from “using physical force only to prevent” a person from swallowing a substance or extracting evidence from that person’s mouth. ۔
Clark Nelly, Senior Vice President of Legal Studies at the Cato Institute, Tweeted About the case: “I’ve seen a lot of applications for brainwashing certificates in my days, but it’s a CA10 decision to provide QI to police officers who were specifically trained to be public in the police. There is a constitutional right to record that they are mandatory. T Intervention – takes the cake. “
He said in a Twitter thread that the newly qualified exemption has “no piece of legality”, but Republican lawmakers representing St. Tim Scott in congressional negotiations would request a clear differentiation. Scott, Sean Corey Booker and rapper Karen Boss have been leading months-long stalled talks on police reform as law enforcement unions repeatedly push lawmakers back. Law enforcement officials want a change in the ideology of exemption from any police reform package, and progressives have argued that the ideology should be scrapped to hold officers accountable for their brutality. ۔
“We compromise, we die,” said Rep. Corey Bush Tweeted In June. If we compromise on exemptions, police officers will continue to kill black people with forgiveness. The George Floyd Justice in Policing Act should provide for the removal of immunity. I would not vote for him without it.
Bush, The first black woman Missouri represented in Congress After the death of Michael Brown, he worked as a triage nurse during the unrest in Missouri. August 9, 2014 in the St. Louis suburb of Ferguson.. Brown, an 18-year-old black man, was shot at least six times and a white police officer was killed in Ferguson, Missouri. Despite the general rumor that Brown was suspected of robbing a convenience store, officers admitted they had no knowledge that Brown was a robber and had only stopped him from walking down the street.
When Bush was asked in April if she would vote for a version. George Floyd Justice in the Policing Act., A comprehensive police reform bill.It did not include changes to the exemption principle, he said, adding that he was not prepared to support it. “St. Louis didn’t send me here – St. Louis is the number one policeman in the country for murder and that’s been going on for years – people didn’t send me here to save their lives by falling on something that we Most needed, no.
House Majority Whip James Cleibourne. Face criticism All are ready to compromise in May. “I will never make a good sacrifice on the altar of perfection,” he told CNN in an interview when asked about the exemption. “I just won’t do it.”
Scott’s spokeswoman Caroline Andreig said in a statement received by Politico that “senators will remain at the negotiating table as long as progress is made” and that negotiators would continue to work until August to reach an agreement. Will keep