Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
Here's an absurd story from the New York Times. Guy gets arrested for taking pictures of a subway train despite the fact that this is not a crime:
Finished with his camera, Mr. Taylor, 30, was about to board the train when a police officer called to him. He stepped back from the train."The cop wanted my ID, and I showed it to him," Mr. Taylor said. "He told me I couldn't take the pictures. I told him that's not true, that the rules permitted it. He said I was wrong. I said, 'I'm willing to bet your paycheck.' "
Mr. Taylor was right. The officer was enforcing a nonexistent rule. And if recent experience is any guide, one paycheck won't come close to covering what a wrongful arrest in this kind of case could cost the taxpayers.
Turns out such a rule had been considered and rejected:
Twice in the last five years, the Metropolitan Transportation Authority proposed a ban on photography in the subways as an antiterrorism measure. And in 2007, the city proposed severe restrictions on filming in the city streets, but retreated when visual artists and activists gathered 26,000 signatures on petitions of opposition within a few weeks.Both times that the transportation authority tried to ban photography, it, too, dropped the idea because of opposition. Even so, people taking pictures in the subways are regularly stopped by the police and asked to let the officers see their images or to delete them.
"They don't have to do that, and it's completely unlawful to ask them to delete them," said Chris Dunn, a lawyer with the New York Civil Liberties Union. "But it comes with the explicit or implicit threat of arrest. It's a constant problem."
But rather than admitting they were wrong and apologizing for the wrongful arrest, the police had to find something to charge him with:
Before he was uncuffed, he got a batch of summonses.The first was for "taking photos from the s/b plat of incoming outgoing trains without authority to do so," abbreviating "southbound platform." It cited Rule 1050.9 (c).
The second was for disorderly conduct, which consisted of addressing the officers in an "unreasonable voice."
And the third was for "impeding traffic" -- on a platform that is about 10,000 square feet. "I don't know if you can impede traffic with 15 people per hour coming on the station," Mr. Taylor said.
The police are dismissing the first complaint, but not the other two. Can we make it a crime for cops to act like idiots, please? Call it disintelligent conduct if you want.
Politics
Comments
You are a cop. A New York cop. We have you carry a firearm because there are violent people out there, some of them armed, whom we expect you to apprehend.
Now you're going to file an actual legal complaint that someone "addressed you in an 'unreasonable' tone?"
Posted by: DaveL | March 12, 2009 9:47 AM
Sometimes cops are idiots and sometimes they are malevolent idiots. A Chicago cop who has received special recognition as a top DUI cop has been falsifying arrest reports. This story doesn't mention it, but the courts became suspicious after he kept showing up in court without breathalyzer or blood draw evidence in his cases, so there was nothing but his lying-ass testimony. Notice, also that top DUI cop got busted for DUI in 1996.
Why bust innocent people for DUI? Public recognition and lots of easy overtime going to court.
Posted by: Dr X | March 12, 2009 9:49 AM
I'm sorry, perhaps I'm naive, but can you really convict someone of speaking to a cop in an unreasonable voice?
Posted by: Shygetz | March 12, 2009 9:52 AM
(OT -- sorry.) Shygetz: in Sweden there was a case last week where a teenager was sentenced to a fine for calling a cop a pig and making pig sounds. Doesn't happen every week, though.
Posted by: Rien | March 12, 2009 10:02 AM
If its on the books they can charge you with it. The balance comes in the court where the Jury ignores the law and finds you innocent or not guilty.
Posted by: Jason R | March 12, 2009 10:22 AM
I was a civilian employee of the NYPD for 18 years. I have known many very good police officers but, alas, I have also known too many that are arrogant, puerile and just plain stupid. This was obviously one of the latter. Dis-con is a useful charge when they want to lock someone up but have no real evidence of any illegal activity. It is usually, as in this case, used as a face saving device. Morons don't like to be exposed as such so their egos rule the moment. They have the shield and the gun, by golly, and can't abide looking foolish. They will be backed by their superiors as a matter of PD solidarity (you've heard of the Big Blue Wall?) so charges will not get dropped until the DA sees the case, has a shitfit, refuses to indict, and then everybody acts as if it were just an unfortunate mistake, no hard feelings , harumph, etc. Then, the arrestee sues the NYPD, they offer to settle, payment is made and the taxpayer is left holding the bag. The officer involved gets a reprimand from his boss, gets some shitty duty for a while until he/she gets back in the good graces and continues being arrogant, puerile and stupid. This continues until the cop in question gets enough complaints to warrant further action, usually assignment to some harmless post where they do meaningless drudge work for the rest of their career or, rarely, in the case of truly bad behavior, they go through a long investigation and are charged, tried and dismissed. This is the way things work.
Posted by: Budbear | March 12, 2009 10:27 AM
Aaaaand... you want to know why cops are not trusted by the general public anymore?
I bet it's illegal to record a cop in the act of arresting someone in New York, too. Still, I think it's the best protection for both the cop and the arrestee. Heck, the police should probably wear a couple of cameras. If the suspect is being truly disorderly, it'll show up on tape.
Of course, this will never pass. The bad cops don't like the idea that they themselves will be held accountable for their behavior, and the good cops will worry about a tape which potentially makes them look bad.
Posted by: Tenax | March 12, 2009 10:39 AM
Contemplate the sort and psychology of people who become police. There are the usual scolds, bullies, pedantic hall monitors, weaklings craving power, show-offs, crusaders against the dark side of their own human nature, repressed and resentful free spirits, closeted approach/avoidance homosexuals and kick-down-suck-up fascists. And a few well-adjusted normal people who are just trying to keep the lid on the pot and take the roughest edges off the worse of human behavior.
Posted by: Art | March 12, 2009 10:40 AM
Am i the only one that thinks that disorderly conduct should be removed from the books as a criminal offense? The only time I ever see it used are when someone stands up for their rights and the police know they got nothing on them so its DC for them.
I don't think anyone has orderly conduct when being arrested if their doing something illegal or not. There are plenty of laws on the books for things like public endangerment, trespassing, and other things that people could be arrested for if they are actually violating the law. But it seems like the only people who get a disorderly conduct citations get it for aggravating the police, or making them look stupid.
Posted by: random guy | March 12, 2009 10:50 AM
I find this particularly odd
Here's what that rule of the Transit Authority actually says (bold added):
So he cited the guy using a rule that explicitly says photography is allowed. Now I'm not surprised that a cop doesn't actually know the rules well enough to know something is ok (though I wish we lived in a world where that would be surprising). But if you're going to refer to a rule in your citation you'd think it would be a rule that he actually knew the text.
Posted by: mcmillan | March 12, 2009 11:13 AM
When I worked at the state AG's office the BCI unit used to regularly get fingerprint cards from the Providence Police with the charge "Failure to Move".
There are so many laws on the books that we are all literally breaking the law at any given moment.
I recall an old saying. People don't become police officers because they are humanitarians.
Posted by: Tony P | March 12, 2009 11:25 AM
Something similar about Amtrak:
http://theonlinephotographer.typepad.com/the_online_photographer/2009/02/nailed.html
The ironic thing about this one was that Amtrak was sponsoring a photography contest!
Posted by: KeithB | March 12, 2009 11:33 AM
Random guy - disorderly conduct has its place; I imagine it was intended to let the cops arrest people who are behaving in such a way that it is likely that they will commit a violent offense before anyone gets hurt. Example: Crazy/ high guy who is standing at a bus stop or subway station, rant, screaming and generally threatening people. I would rather he be arrested for DC and given care and no felony than wait until he punches somebody.
But maybe I have the reason for the law all wrong.
Absolutely it should be used less.
Posted by: JustaTech | March 12, 2009 11:40 AM
I believe that most cops are good cops, but this happens all the time. Consider the cop who made an unprovoked attack on a cyclist, and then arrested the victim for assault, disorderly conduct, and resisting arrest:
http://www.nydailynews.com/news/ny_crime/2008/07/28/2008-07-28_rookie_cop_in_hot_water_after_video_show.html
Just imagine the arrogance and impunity of this officer. Despite hundreds of witnesses, he didn't hesitate to deliberately attack a citizen, wrongfully arrest him, and issue several false charge.
The problem is that people are too willing to uncritically accept the word of a police officer. This belief in the innate goodness of cops only empowers those who would abuse the badge.
Posted by: Neal | March 12, 2009 11:56 AM
The problem with Disorderly Conduct is it is a catch-all and this instance is a good example. An unreasonable voice? Is there really a legal definition for an unreasonable voice? Who gets to say what's reasonable when a police officer is acting like an idiot?
Posted by: JED | March 12, 2009 11:58 AM
Neal, I saw that video on Youtube. Glad to hear that officer was taken off the street. Hopefully, he'll be fired.
Posted by: JED | March 12, 2009 12:05 PM
As far as I can tell, most cops are passively bad cops, in that they do not necessarily engage in corrupt or abusive behavior themselves but tolerate and protect, or at very least are willfully blind to, their comrades who do. This must be the case or police corruption and brutality could not possibly be so pervasive and egregious.
Posted by: Azkyroth | March 12, 2009 12:08 PM
I spent a weekend in jail here in Belize for calling a cop a MotherFucker.
Profanity in the presence of an officer IS a crime here.
The beating came at no extra charge.
Posted by: Abstruse | March 12, 2009 12:45 PM
The beating came at no extra charge.
Well that's good, those things can be expensive, plus you have to schedule the good beaters...
A while ago I was mistaken for someone involved in a serious crime, never did find out what, etc. When they figured out their mistake they charged me with half a dozen violations, including Disorderly Conduct. A year and a couple grand later in legal fees, and I had a speeding ticket (which I was doing).
Posted by: dogmeatib | March 12, 2009 12:58 PM
Budbear, I seem to remember some people talking about carrying around a "Photographer's Bill of Rights" to show the officer in case they are confronted. Screw that, I'm carrying around a copy of your comment. Best comment I've read in a while.
Posted by: Citizen Z | March 12, 2009 8:35 PM
Wait, wait here. The name of this article instructs us not to tell the police that they are wrong. Am I the only one reading this that thought there might be some discussion or indication then of what we should do in a case where the police accuse us of breaking a law that does not exist?? "Me and me droogs are hangin in NYC snappin pictures of each other, and the nice officer comes over and says we can't take pictures." What then, just bend over a take it?? Like Tony P says, most cops aren't at their job for the thrill and compulsion to civil service.
Posted by: Lorax | March 12, 2009 9:12 PM
Yep, I learned this as a teenager in NYC: NEVER argue with cops. Cooperate with them, note their badge numbers, and make your case in court.
Posted by: SoMG | March 12, 2009 10:53 PM
No, Lorax, you say, "Please arrest me, because I need the money I will collect from the false arrest settlement."
These days, if you use a camera in a nontourist way, you can pretty much expect to be hassled about it somewhere by somebody. I have yet to be hassled by a policeman, but I have been hassled by a ConEd guy, a couple of MTA guys, homeowners (dude, your house is fair game, as are your lawn ornaments), and the like, who are even less informed about the legal limits of photography than the average cop. I make it a point to never trespass.
The best (not a hassle), though, was the time I was photographing a hedge with small steamroller parked in front. A woman from the house behind me comes out onto the street carrying a large red plant in a pot. Apparently she was hoping I was from the garden club and could identify it. No luck.
Posted by: Moopheus | March 12, 2009 11:02 PM
Azkyroth is correct. Most cops are bad cops. They will may not do anything bad themselves but they won't stop a bad cop. NYC cops are never alone. Where was this cop's partner? Did neither of them know the law?
And JED, the cop in the YouTube video was fired and criminal charges are being considered.
Posted by: Tom | March 12, 2009 11:02 PM
It's discussions like this that make it hard for me to enjoy Reno 911 any more, although it's the perfect satire of this situation.
Posted by: Ranson | March 13, 2009 8:22 AM
Ranson:
I LOOOOOOOOOOVE "Reno 911", it's my favorite documentary.
Posted by: democommie | March 13, 2009 10:46 AM
Ranson: What makes you think it's a satire?
Posted by: Budbear | March 13, 2009 11:10 AM
Do any of you people know a REAL cop?? Have friends that are cops?? or loved ones?? Of course you always hear about the "bad" cops but what about the ones that do there job to actually help people?? Most people that don't care for Law Enforcement are upset because they themselves have personally been on the wrong side for something or another. Have you ever thought about thanking a police officer every once in a while? How many times in a day are you mugged or have your property stolen or your house broken into?? WOW....that number is SO LOW because an officer was doing his job!!! Ever think of that?? What other profession does someone go to work and not know whether or not they are coming home to their loved ones? And EVERY SINGLE CALL that an officer responds to there is a firearm involved because he/she carries one on their side. How scary is that for the person that is there to protect you? Walk in their shoes for a moment before you judge. Now since everyone wants to look up "bad" cop behavior why don't you look up the 911 calls that they receive. How hard is it for an officer to hear the sound of a 5 year old little girl beg her father not to shoot her mother over the telephone and then hear the shoots ring out??
Grantd I know that Law Enforcement had its bad seeds and they ruin it for everyone. But blame those SPECIFIC ones, not the whole group. That falls into the same category as profiling, being sexist, being racist, etc.
Now why don't you judge the general public?? Do they do no wrong?? Why are cops having to be marriage counselors?? Babysitters?? I wish the public KNEW HALF of the outrageous calls Law Enforcement HAS to respond to. Did you ever hear the 911 call because a citizen was mad and wanted an officer because BURGER KING drive thru put tomatoe on her burger when she asked them not to do that?? Is that worth the taxpayer's money?? And by the way you always have the public telling the officer that "they" (the taxpayer)pays the cops salary. Well guess what....that just means the officer has to pay HIS/HER own salary!! Does your job require you to pay part of your own wages??
The public needs to understand that whe on officer is directing a person to comply with something it is done out of safety of that person and all others. If that person doesn't want to listen to the officer and abide the "law" then sure, charge them with disorderly conduct. Do you parents expect your children to listen to you? And why is that?? For their safety??
The basic fact is that Law Enforcemant is a NECESSARY EVIL. Its sad but true. I wish I lived in a world where there was no need for L.E. But we don't!! Its a grown up world we're living in people. How about growing up?
Posted by: Brandon Fleming | March 13, 2009 4:43 PM
in response to B.Fleming.
Your argument is impassioned and asks the public to understand how difficult a cops job can be. You are right its difficult and we give them training that should allow them to do the job right, to do the job effectively all while respecting the dignity and rights of those who employ them.
The real question is wether or not the bad cops, those who overeach their authority in all its myriad ways, are the exception or the rule. If they are the exception, we need to see other cops disown them, punish them and remove them from departments. As long as those bad cops get a pass, get covered because they wear the uniform. Then citizens are right to be suspicious and fearful of the police response to claims by citizens of "rights" regardless of the crime rate.
Posted by: james | March 14, 2009 4:53 AM
@ Brandon Fleming
I realize that police are neccessary for the functioning of society but every cop that looks the other way when another officer abuses his power IS a bad cop.
Posted by: Cthulhu's minion | March 14, 2009 2:42 PM
Most officers do not turn a blnd eye to the bad seeds. Maybe in larger depatments do you run nto the THIN BLUE WALL butwhat about the smaller ones? I do agree that the bad cops need to be disciplined. I've seen many terminated or even charged with a crime because they are NOT above the law. Is the publc aware that when a cop commits a crime they are mandated to stricter penalties?? Thats so great becasue it allows the bad ones to possibly straighen up. Does this happen?? No becasue if they're a crook then they're just a crook.
Posted by: Brandon | March 14, 2009 6:17 PM
Brandon, you want to try living in the uk, i can get arrested on a terrorism charge for taking a photo of a cop, friends have been arrested and charged for just being in the vicinity of a crime. They ALL act illegally which makes them ALL bad. Check out www.tpuc.org and the videos by John Harris. And you will see the difference between a policeman and a police officer, its the same in USA and Canada, your coppers ACT on STATUTES not law and con you into thinking a statute is law. Its not, its a contract and by not stating this they are in fact misleading you into believing them, coz they know statutes and you dont. BAD every one of em, no exceptions and yes i do have friends who are coppers or ex coppers and they will admit it..
Posted by: Sir Head | March 14, 2009 8:55 PM
@ Brandon Fleming, yes I have known a couple of *real* cops. Both were some of the biggest assholes I've ever met. One was just a loud, annoying drunk who'd fuck anything that moves, regardless of age of consent. The other was so rotten he'd make a corkscrew look straight. I don't have any cop friends, I wouldn't want to be friends w/ any of the cops I've known off duty.
I realise that isn't every cop, but you did ask.
Your excuses for bad cops are, honestly, pathetic. Waah waah, cops have a hard time. You try half the stuff bad cops get away w/ ( http://www.youtube.com/watch?v=cl67FmVRjYs ) and then say, "It's not my fault, I have a stressful job!"
See how well that works for you.
Posted by: tincture | March 15, 2009 12:00 AM
Think for a moment of 2 idiots you work with.
Everyone just thought of those pretty easily. There is no profession with an exception. Idiots are in every walk of life at every level of business public or private. This is inane to suggest and write about especially in regards to officers. Singling out civic servicemen is low and disrespectful. We are getting one small side of a story. Who knows how this guy talked to the cop. How he mouthed off or treated him. Officers deserve respect and I think they have the right to demand it when it is not given. One way they have of doing it is to charge someone with being an ass, covertly.
If we hold them in higher regard and to a higher standard while treating them with respect they won't feel a necessity to lash back. The lesson is, don't get mouthy with a cop. Pretend it is your Dad and treat him with that amount of respect.
As I wrote Dad I instantly thought of the thousands of deadbeats and de-balled fathers out their that have not taught children what respect is for years. What basis is their for respect when it has never even been taught in the home?
Posted by: Moosebyte | March 15, 2009 1:27 AM
Cops are acting more and more like tyrants. I hate living in NYC. Add to that, I can probably shoot better than 99.9% of them. And to the first commenter, if you ever read this, the police are there to take statements and cordon off the area where your dead body is. If the police could be where the crime is at the exact moment it is taking place, we wouldn't need firearms. But since the two parties who will forever be at the scene of a crime will be the perpetrator/s and victim/s, the people at large have the absolute right to bear arms for their own defense and that of their loved ones.
Posted by: Anthony | March 15, 2009 1:43 AM
Moosebyte, I don't think I understand your post. I think you're talking about special pleading but I can't be sure.
Are you saying that if a cop doesn't get the respect they think they deserve it's ok for them to harass innocent people and break the law by filing false reports?
You talk about singling people out being low and disrespectful, do you mean bad cops in general or a specific rotten officer? Either way you would be wrong.
Posted by: tincture | March 15, 2009 1:54 AM
Moosebyte, you're nuts. I agree that (most) police officers probably deserve respect -- but then probably I'd say the same thing about all persons. But then you go a blow it with the claim that they should have the right to demand it from any and all. No potential for abuse there, no sir'ee. That someone in authority should be able to demand (and "covertly" enforce such) 'respect' ... I can't imagine what a toady you must be. I expect all interactions between civilians and the police should involve mutual respect. And if the police officer doesn't get it from the other party, well, fuck, that's part of their job to handle upset, distressed individuals in stressful situations. Suck it up and be a professional. Or quit the job.
Yes, they're human and can slip up when situations exceed their training. But to go in with the expectation that they deserve some higher level of 'respect' and that they can bust anyone's ass who doesn't give it to them is simply setting them up to be arrogant and bullying.
Oh, you mere peon didn't kowtow and give me the appropriate "Yes, officers; no sir's", well, I'll just charge you with disorderly conduct...isn't the way to gain respect. It just spirals down into them losing respect from the general public -- most people don't respect bullies and pompous arrogant assholes; they respect professionals who treat other people with respect even when that other is upset, scared, traumatised -- and essentially all instances of civilian-police interaction mean the civilian is upset because a BadThing™® has happened or simply because of the power differential.
Posted by: Don't Panic | March 15, 2009 9:29 AM
don't Panic - Hear, hear. If cops want respect, then they should show it.
The 'unholy trinity'* has been an excuse to lock up those that cops dislike for too long. Time for change. -DJ
*Disorderly conduct, resisting arrest, assaulting a police officer. Not to mention all the other bullshit charges - Vagrancy, Loitering with Intent and the rest.
Posted by: DingoJack | March 15, 2009 9:44 AM
Respect for duly constituted authority is one of the pillars that supports civilisation.
Heavy-handed authoritarian cops undermine this respect, and bring the law into contempt, every time they arrest somone for taking photos, or use their tasers or pepper spray to enforce obedience, etc.
They are a real and present menace to all of us, and belong behind bars on that basis alone.
Posted by: Jib Halyard | March 17, 2009 7:15 AM
Its sad that USA gpoes all over the world invading countries under the premise of making them a Democracy,improving them.
While USA has become a dictatorship where law abiding citizens can be victims of the gestapo police at any time with no real recourse .
I wonder if USA will ever take a good look at itself and actually fix itself up and stop presenting the lie of a goverment which it enjoys projecting to the world.
Posted by: Jose | March 23, 2009 7:45 PM
Sounds like you ALL are on the wrong side of the law or want to hace things YOUR way. NO MATTER who it hurts in the long run. Be careful what you wish for. Because honestly I hope you get it!!!!
Posted by: Brandon | March 25, 2009 3:36 PM