Tag Archives: body cam

Video from DUI Arrest at the McDonald’s Drive Thru

christopher bidzinski

Christopher Bidzinski

ABC-7 tracked down the body cam video of the guy who passed out in the McDonald’s drive thru a few weeks ago. It is his third DUI arrest in the last three years. Employees called cops after Christopher Bidzinski fell asleep in the parking lot, waiting for the food he had ordered. When officers arrived, he told them to take him to jail, and at one point, attempted a cartwheel while officers were trying to conduct field sobriety tests. The entire interaction with the cops was caught on bodycam, and even they can’t help laughing.

Not only does Bidzinski have his own arrests, it appears he was struck by a vehicle a couple years ago while crossing the street when he was intoxicated. It’s clear he has a major alcohol problem: he tells the cops that he deserves to go to jail. He’s been in for three weeks right now, and some time in jail is a major part of getting him sober, but punishment alone is not enough: he will need major, long-term counseling help to stop being a danger to himself and to others.

 

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Video Exonerated Another Officer

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Ashley Bills

Ashley Bills was arrested this week after she tried to defraud her friend. She claimed a deputy tried to extort money from her, or that she’d be arrested. The victim gave her some money, but when she tried to mooch some more, he called a lawyer. The lawyer was worried about police misconduct, so the FPMD pulled the tape! The video showed that Bills was making the extortion claim up, and she ended up getting arrested.
The video is evidence that helps us find justice…

UPDATE: corrected to indicate it was FMPD that pulled the tape, and solved the crime! Good job.

FMPD Ought to Release the Video of the Questionable Search

News reports have surfaced this week that people are accusing FMPD officers of an improper, invasive search. Michael McDonald was pulled over by officers, who say they smelled a strong odor of marijuana. They sought to search Mr. McDonald, and gave him a pat down. Officers indicate they felt something that felt like a baggie, and that when they asked McDonald about it, he became “very uncooperative and hostile” toward officers. However, they also indicate that he admitted that it was a bag containing marijuana.

michael mcdonald

Michael McDonald

Mr. McDonald then agreed to retrieve the marijuana, and handed it to officers. They patted him down again, and felt something else concealed in his pants. And that’s where things started to go really wrong.

Officers say McDonald did not respond to their commands, They say he tried to kick an officer in the face (leading to a felony charge for resisting with violence). Officers literally held his legs down. They physically spread his legs and cut his underwear to recover baggies containing heroin and cocaine from inside his undergarments. He alleges that they further probed his rectum with a finger during the search.

When NBC-2 first aired the story, they included a response from Chief Eads, who indicates he has seen both the cell-phone video, and the officer body-cam videos and that no cavity search occurred. I said, hey, that’s a great reason for officers to wear body-cams… so that if they are accused of something they didn’t do, the video evidence can exonerate them. I think body cams will be more of a help to law enforcement than a hindrance.

Then, NBC-2 reported the following day that they have made a public records request for the videos, but the police department has refused to release them. That’s a bad look, FMPD. If the video shows what you say it shows, then RELEASE THE VIDEO!

FMPD told NBC they weren’t releasing the video because there is an ongoing criminal investigation (which is an exception to the Sunshine Laws on public records). That sounds at least a little questionable, as Mr. McDonald was arrested and charged that day: which was 2 weeks ago. It sure sounds like they are claiming that an investigation is ongoing, to avoid releasing the video. Again, bad look FMPD. If the video exonerates your officers, release the video! Don’t make excuses.

Seriously, the news story might be over by now if the video proves that the officers did nothing wrong.

There still may be an issue with the way the search was handled, even if there was no cavity search. While an odor of marijuana gives officers sufficient probable cause to conduct a search, and search that involves removing or arranging clothing to “permit a visual or manual inspection” of private areas is governed by Florida’s strip search statute,Fla. Stat. Sec. 901.201. That statute says that such a search must be conducted “…on premises where the search cannot be observed by persons not physically conducting or observing the search…” The fact that such searches are being performed in public, on the roadside, in full view of people with camera phones, does not sound like it is in compliance with the statutory strictures. Of course, we’ll have a better idea when FMPD releases the video.

NBC has also reported on a similar incident involving an allegedly invasive search, also on video, just a few weeks prior and only a short distance away from Mr. McDonald’s search. As a criminal law practitioner, I have seen cases where officers just grabbed people shorts and pulled them down on the side of the road, so there may be a policy training issue with local law enforcement (it is not limited to FMPD). Or maybe not. Maybe they have done nothing wrong, as the chief said. Many of these questions will be answered when they meet their statutory obligation under the Sunshine law to release the video. If it’s bad, don’t cover it up. If it exonerates the officers, the city should want the video released!

A look at some Pros and Cons of Police Body Cams

body camThe AP took a nice, in-depth look at both sides of the body cam issue. We here at Crimcourts are still firmly of the opinion that the pros far outweigh the cons. The story is worth a read.

Inside look at Cape Coral police body cameras

The Cape Coral Police Body Cams are active- NBC-2 takes a look:

Inside look at Cape Coral police body cameras.

Cape Coral Considers Purchasing Police Body Cams

According to Wink news, Cape Coral is considering purchasing body cams for the police department.

Crimcourts recommends the cameras, for the quality of law enforcement and for the protection of officers. The people of Cape Coral will benfit from this kind of expenditure.

Cape Coral PD to get Body Cams

Cape Coral has approved the purchase of body cams for Cape Coral police officers. It’s a $300,000 purchase, but it will improve law enforcement and help protect officers. That’s a good move for the city and the people of Cape Coral. They hope to have the cams up and running by next summer.