This video of Donald Edwards being arrested by Binghampton, NY police was submitted via CopBlock.org’s submission tab by Patrick. The video was posted on January 29th of this year so the arrest is not recent. I attempted to find a court case, police beat or news story about this arrest but was unsuccessful.
The video shows Donald filming police across street from him when he is suddenly approached by two officers. One of those officers says, “I’m pretty sure I told you enough”, as he approaches Donald, claiming he’s “creating a disturbance” and being “disorderly.” The unidentified officer then asks Donald to ‘move along’ or he’ll be arrested for the infamous – catch all – charge of disorderly conduct. Donald attempts to ask a few questions but is attacked for refusing to leave and then charged with “resisting arrest” as well.
I don’t know what happened before this video started or why the first officer said, “I’m pretty sure I’ve told you enough” but it seems at the time Donald was filming from an acceptable distance. He didn’t seem to be making any sort of a disturbance and was on a public street. There doesn’t appear to be any clear reason for the officer to ask him to leave, other than his displeasure of Donald’s camera/presence. Nevertheless, the officers present used force, claimed Donald resisted and arrested him.
A disorderly conduct charge is nearly impossible to beat in court, even with video evidence, because it’s primary base for a conviction is the officer’s subjective reasoning. That’s why when I find myself being asked to move here, or there, by officers I move just a little bit and ask, “Is this ok?” Of course they’ll keep telling you to move further and further back but at least you get to a) show how silly they are and b) if the officers decide to charge you with disorderly you have a better chance of beating it because you did move; just not far enough and that’s not a crime.
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