The following post and accompanying videos were shared with the CopBlock Network by Marcus Potter, who has submitted numerous other videos to the CopBlock Network, as well. It was shared via the CopBlock.org Submissions Page. (See “Related Posts” section below for previous videos submitted by Marcus Potter.)
If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.
Date of Incident: December 12, 2015
Officer Involved: Police Constable Tolladay 1768, Police Sergeant King 3060, PC Callum Watson 833, Sgt Amanda Lewis 243
Department Involved: Norfolk Constabulary
Department Facebook Page: Norfolk Police
Department Twitter Account: @NorfolkPolice
Department Telephone No.: +441953424242
On the 12th of December 2015, I was filming a security guard (whom I’ll call Mr. A) responsible for marshaling traffic in Norwich, at which point he and his colleague confronted me. Mr. A said that I would have to stop filming or he would “break” my camera. He then changed that to “I’ll kill it.”
I complied with this order and was then told rather aggressively to “go away” by Mr. A. I then swore at him and was spoken to by a police officer, namely Police Constable Tolladay 1768 from Norfolk Constabulary in Bethel Street Police Station. She explained that as both parties had committed offences, they would have to be dealt with equally and that “you may well be coming down” to a Police Investigation Centre to be interviewed.
I then took Tolladay’s surname, rank, and collar number before leaving the police station, namely Bethel Street. I was later unlawfully arrested that day by another police officer, namely PC 1169 Hogan in relation to an unrelated allegation. (I have gone into detail on that unlawful arrest in another article.)
Just before being released on bail, Tolladay had arranged for me to be circulated as wanted in relation to the section 4A allegation despite knowing my name and address. I was further arrested by Sgt King 3060 on suspicion of an offense under section 4A of the Public Order Act 1986, the reason being that I allegedly called “Mr. A” and his colleague “fucking cunts” and told them to “fuck off”. The necessity was to enable a prompt and effective investigation. (As it was thought unlikely that I would attend voluntarily.)
Whilst I do not dispute using those words they were directed solely at Mr. A and said after he threatened to smash my camera. Whilst I do accept that my arrest was lawful, I do feel it was unfair and that Mr. A should have also been arrested. Had the matter gone to trial, I would have argued that my actions were reasonable under the circumstances, which is a defense to a charge made under section 5 of the Public Order Act 1986.
In accordance with my bail, I subsequently attended Wymondham Police Investigation Centre the next day. I was taken through to the charge desk by another police officer, namely PC Callum Watson 833. I was booked in by Custody Sgt. Amanda Lewis 243 and she authorized my detention in order to obtain evidence by questioning. I refused to be interviewed and was placed in a cell.
After a few hours in my cell, I was taken back to the charge desk by Lewis and charged with two offenses by Watson, namely the alleged section 4A offense, which I wrote about above, and the alleged section 5 offense, which I have gone into more detail in another article. I was released on post-charge bail with conditions not to enter the city of Norwich as defined by the outer ring road and not to be in possession of a device capable of recording footage in a public place until the 19th of February 2016.
I subsequently attended court on that date and pleaded guilty to two unrelated offenses, namely sending a malicious communication to Police Inspector Adam Hayes and a racially aggravated public order offense which is the equivalent to an offense under section 5 of the Public Order Act 1986. As a result all other cases were withdrawn. I was issued with a two year Criminal Behaviour Order (CBO) with numerous conditions.
These conditions were that I must: not contact any member of Norfolk Constabulary staff, not attend any police station in the county of Norfolk except in an emergency or by pre-planned appointment, not video record, audio record, or photograph any person in any public place in the county of Norfolk without the person’s permission (with the exception of a police officer once I have been arrested or detained), not access any Norfolk Constabulary affiliated website or social media account, not deface any picture of Norfolk Constabulary staff and not distribute any video recordings, audio recordings or photographs of any person (with the exception of removing existing defamatory material under the direction and supervision of a police officer, namely Sgt. Heath). These conditions were subsequently altered on the 1st of April 2016 and the CBO was discharged on the 30th of November 2016.
– Marcus D Potter
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Here is the security guard threatening to smash my camera: