Tag Archives: video

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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Here’s the Story from NBC regarding Surveillance Cameras I was Quoted

me nbc2b

Atty Spencer Cordell on NBC-2 [Who Dey]

The link is up from last night’s NBC-2 follow-up story regarding use of surveillance cameras. The law is a little unclear, but there’s no doubt the best practice is for law enforcement to get a warrant when they are going to use the cameras: even the guy from the camera company recommends it. And everybody, prosecutors and defense attorneys, agree that when video surveillance is used, it needs to be disclosed when a case goes forward. My friend Rene Suarez, who is quoted at the beginning of the story, makes a great point: if the use of video cameras is not disclosed, it shuts the judicial system out of the analysis regarding the legality of the tactics. That’s eliminating judicial oversight. If nothing is being done inappropriately, the investigators should have nothing to hide.

Here’s a link to the story, I will try to embed it, below.

NBC-2.com WBBH News for Fort Myers, Cape Coral & Naples, Florida

And here’s a link to our story yesterday.

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!

Watch a Crazy Person Dance on a Sheriff’s Vehicle

Exactly what the headline says, this guy must be high. He climbs on top of a marked Sheriff’s SUV, presumably in front of the deputy’s home, and just starts jamming away. It looks like he has a few moments of conversation with an imaginary friend, as well. Either he is impaired, or has a major mental health issue: there is no rational explanation for this behavior! Enjoy, courtesy Lee County Sheriff’s YouTube channel:

Fort Myers Police Are Getting Body Cameras

Some good news for Friday, the City of Fort Myers is going to outfit all FMPD officers with body cams. The first 40 cameras are arriving, and will be deployed soon on patrol officers. Chief Baker has been vocal and instrumental in pushing for this equipment upgrade, and I support his efforts.

I’m a big fan of more cameras. It is for the benefit of everybody… I think there is often pushback from law enforcement, but the cameras really benefit them. If there is a real need to use force, the cameras will demonstrate when they are justified. Conversely, it will catch officers if they break the law, but I think we can all agree that we don’t want officers breaking the law. Much of finding real justice in criminal court is trying to determine what really happened. They call is the the criminal justice system, after all. Cameras are a wonderful tool in discovering the true facts in disputed cases. Cameras collect indisputable evidence.

I encourage all of our local law enforcement departments to look into expanded use of cameras for officers in the field.

http://www.news-press.com/story/news/local/fort-myers/2014/09/10/police-body-cameras-arrive-fmpd/15421785/

Dane Eagle’s Arrest Video was Released

Dane Eagle's Arrest

Dane Eagle’s Arrest

I missed these reports when they came out last week, but a couple of news outlets have obtained the arrest video from Dane Eagle’s recent charge; Tallahassee.com has put the whole video online. Neither of them show much, as Eagle refused to participate in field sobriety exercises. The driving pattern is pretty bad, nearly striking the curb several times, and absolutely blowing a red light. Of course, Eagle could have been distracted, possible by the tasty Taco Bell *Gordita he had just purchased [*I don’t know what, if anything, he really got at Taco Bell.]

You can’t see Eagle while the cop is talking to him. He actually denies drinking twice, and blames the odor of alcohol on people that had been in his car. The cop does stand him in front of the camera to go through his pockets, and he does not noticeably sway or stagger. There’s nothing on camera after the stop to support impairment, though he doesn’t sound great. It is a typical double refusal case, which is difficult for prosecutors to prove, as the evidence is fairly limited.

I did not know that legislators got special plates for their cars. The officer notes it right at the beginning of his stop. These prestige plates ensure that any legislator who is stopped has made the officer aware of his political position. Must be nice, but it clearly didn’t have any impact on this officer.

full video here: http://www.tallahassee.com/article/20140502/NEWS01/140502006/Video-released-Rep-Dane-Eagle-s-DUI-arrest

NBC-2 has a ‘highlights’ video: http://www.nbc-2.com/story/25417103/cape-state-rep-dane-eagles-arrest-caught-on-dashcam