A citizen with a cellular phone was arrested for obstructing justice when he recorded the activities of Tampa, FL police officers investigating a disturbance call on May 1, 2011. Two officers were in a public parking lot in Ybor City checking on a reported fight at 2:30 am.
Jeffrey Dylan Patch began video recording the officers with a cell phone camera. In the blurry video shot by Patch, he was told by an officer, “Sir, please step back.” Patch is asked three times to move back. Though Patch appears to comply, he is warned by an officer that, “You’re interfering with our investigation right now.”
Patch is heard replying, “I am not interfering with your investigation. Sir, I am recording, that is all.” Patch is again told to move back, but in a loud voice directed at the officers he states, “I am just letting you know, I’m just letting you know, I am recording this conversation!”
In response, an officer says, “Oh, can I take this from you?” Patch’s cell phone is taken away and he is arrested for Obstructing an Officer Without Violence, F.S.S. 843.02, which is a first degree misdemeanor.
What is evident during the clips of the video shown in news reports is that the officers can be seen dealing with numerous other persons and there are chaotic sounding voices in the background. Just before the arrest, an officer is forced to turn his back on the disturbance to address the increasingly assertive Patch.
This case went to trial in a Hillsborough County court on January 12, 2012 and the video was shown. Ofc. Clinton Harris testified, “I asked the defendant to step back and move away from me…his proximity to me being a distraction and an officer safety issue.”
Patch was found guilty. Judge Eric Myers said that though Patch had a right to record the officers, Patch’s intrusive behavior put the officers at risk.
Ironically, Patch had testified, “You can’t really lie with video. Um, it’s proof.” Apparently Judge Myers agreed. Patch was sentenced to 12 months probation, a $250.00 fine, and 50 hours of community service work.
Compared with some other videos I have seen of people being arrested for video recording the police, I think the Tampa police officers made this arrest for the right reasons: Officer Safety and Criminal Obstruction.
(photo courtesy Hillsborough, FL County Sheriff’s Office)
