COMMENTARY: Unlawful Police Detentions and Pat-downs in Downtown Long Beach?
- Details
- By Greggory Moore Follow @greggory_moore
- | Monday, 20 June 2011 10:32
2:54pm | How many police officers does it take to respond to a man dressed like this (see below) believed to be taking pictures of the Long Beach courthouse from across the street?
If you're the L.A. County Sheriff's Department contingent that guards the courthouse, the answer is: eight. Or at least it was on June 2, when that many officers crossed Ocean Boulevard at Magnolia Avenue to physically detain me for "suspicious circumstances."
It is important to note two things here: 1) Photographing the courthouse is a legal activity. 2) This was not, "Can we talk to you a second?"; this was, "What are you doing? Move over here, sir. Put your hands behind your back, palms together," then a non-consensual pat-down search thorough enough to include two gropings of my groin.1
Ironically, I was not actually photographing the courthouse. I live across the street, and I had popped downstairs to see if I could snap a few pics of people talking or texting while driving to go along with my little piece on the results of Distracted Driving Awareness Month.
So why all the hubbub, bub? "You were suspiciously doing something gave us probable cause to contact you," said Sgt. Maurice Hill, the lead officer on the scene — that "suspicious activity" being my seeming to photograph the courthouse.
It's understandable why they believed that's what I was doing. I was at Ocean and Chestnut Avenue for a good 15 minutes trying to get photos.2 What I had trouble understanding is why I was detained3 and searched, and why so many officers were involved.
"Our folks [inside the courthouse] are always looking," said Hill at the time. "And if they see something suspicious, they're going to check it, and they're going to go out over the air. And when they do that, we come to check it out. … When we put it out, we have officers that respond. … We respond with whomever's available, and that's what occurred."
Below at right, the author is seen 15 minutes after eight sheriff's deputies detained and frisked him for suspicion of taking pictures of the courthouse (background). 
To leave the scene, I was required to provide my name, address, phone number, driver's license number, the name of the publication for which I was writing and the publisher's name and contact information. To get my camera back, I was required to show one of the officers its contents.
Or that's what it felt like. The truth is, I was asked to show an officer the pics I'd taken, and I'm kicking myself that I didn't refuse. As for the rest of the information I provided, it didn't occur to me to decline it. They certainly didn't put it to me like I had a choice. And I tend to do what police officers tell me to do.
When reached later that day by phone, Hill explained, "We were detaining you because of a suspicious circumstance to ascertain your intention." Declining to discuss the matter further via telephone, he invited me to come to the courthouse the following day to talk in person.
In Part 2 of this story, I will review my subsequent discussion with Hill; related discussions with spokespeople for the L.A. County Sheriff's Department, the Long Beach Police Department, the Long Beach City Attorney's Office, and Councilwoman Suja Lowenthal's office; and state and federal laws concerning detention and searches.
Footnotes
The opinions, beliefs and viewpoints expressed by the various authors and forum participants on this website do not necessarily reflect the opinions, beliefs and viewpoints of the Long Beach Post or the official policies of the Long Beach Post.1This is not to imply there was any sexual misconduct involved. (Though when you look at me in my little outfit, you have to wonder how anyone could resist.)
2In no time I got two snaps of people texting while driving, but remarkably I never did see anyone with phone to ear — which is why I eventually moved to the more traffic intensive intersection of Ocean and Magnolia.
3As a diligent civil libertarian, I know the difference between consensual contact and detainment, and I'm very careful about the language the police are using and that I use in response. This was detainment. At no time was I given any choice in the matter, and if I had attempted to leave, you can best believe I was being taken in.
Your flashing ads are still annoying.
http://www.presstelegram.com/news/ci_18316312
However, they should have done so with more tact and respect for the citizen they are supposed to 'served and protect' and who pays their salary! If they were 'nicer' about it then I imagine it's less of an issue to provide some basic info about yourself to prove who you are to them. With that said, they have no right in asking for your phone number!! Showing your photo ID (name and address) should be sufficient. As for getting the publisher's name and contact information...well, that's just wrong. They do not need that legally and if they want to find out your back story then let them do their job and complete background check on you if they feel so compelled.
Our founding fathers would have been horrified to see this type of incident and would have screemed the redcoats are back!
Bottom line, there is balance but it appears the officer in charge lost the proper perspective to maintain that balance.
I think you should go up the food chain and address it with the Police Chief and other authorities including our city council reps to get their response. I bet Councilwoman Gerrie Schipske would be interested to hear about this incident!
Thank you for bringing this to our attention.
Maybe they are concerned about some people who also slipped passed the border.
It's OK to take pictures of your friends and family standing in front of the Queen Mary but the minute you take aim at non-touristy things, its question time. I understand it, but I want to exercise my freedom as well. I have been trying to take some pictures of some more of the grittier aspects of Long Beach lately without feeling like I am "insulting" anyone, but its tricky.
There is a gang problem in our city. They're roaming the streets and marching through YOUR neighborhood. THEY MAY EVEN TRY TO ENTER YOUR HOME.
You can protect yourself by watching for the following identifiers:
Vehicles - Sports cars, 4 door sedans, vans. Usually painted black and white. Accessorized with loud sirens and flashing blue and red lights.
Attire - Black or blue dress clothes, adorned with badges and patches used to identify their standing within the gang. Usually accessorized with any of the following: Gun belts, handcuffs, hand held radios, large flashlights.
Armaments: Hand guns, shot guns, assault rifles, tear gas, billy clubs, shields, bullet proof armor.
Demeanor: Varies from surly and hostile to aggressively friendly (usually as an act to gain your trust.)
This gang is HIGHLY ORGANIZED, WELL ARMED, and VIOLENT. They should be considered ARMED and DANGEROUS at ALL TIMES. DO NOT trust them, DO NOT provoke them, and DO NOT allow yourself to be cornered.
Warn your friends and neighbors.
http://maps.google.com/maps?hl=en&ll=33.767343,-118.196968&spn=0.00088,0.002064&t=h&z=20&layer=c&cbll=33.767358,-118.1972&panoid=ZbWzDnLUryh5huauweV3UA&cbp=12,38.15,,0,-1.4
or this:
http://maps.google.com/maps?q=county+court+house&hl=en&ll=33.767673,-118.197064&spn=0.00088,0.002064&sll=33.767705,-118.19704&sspn=0.000874,0.002064&t=h&lci=com.panoramio.all&radius=0.07&z=20
Sorry this happened to you. I have had several friends serve as courtroom sheriffs/bailiffs and they take their job very seriously. Now, why there were eight of them sounds suspicious. Where did they go after they left you? Were they all on a break? It would be very difficult for the courts to release eight sheriffs for a recon type assignment. Please follow-up with your part 2. Thanks.
It's not ironic. It's merely incidental.