When am I breaking the law with my smartphone? Can law enforcement simply take my phone from me?
The Indianapolis Starasked these questions of Indianapolis defense attorney Chris Eskew, who was a public defender for five years before opening his private practice. Eskew handles major felony cases, such as murder, sex crimes and drug-dealing charges.
Question: What are citizens' rights when it comes to filming in public?
Answer: "As long as you're in public and you're not harassing anyone, you're able to film what is going on around you. If you see police brutality or an individual committing a crime, you should be able to film that.
"It's very important that when people are recording the police, they not interfere with officers' duties. Keep distance and don't interfere with what's going on."
Q: If I'm taking a video of a fight or of police activity, can law enforcement take my phone right then and there?
A: "Police cannot take or even open up anyone's smartphone without a warrant. The Constitution protects us against illegal search and seizure."
A settlement in a recent federal lawsuit filed against the city of Indianapolis and a few Indianapolis Metropolitan Police Department officers required the agency to adopt a policy prohibiting officers from taking away cellphones of civilians who are recording police actions as long as the civilians are not interfering, according to a report by The Indiana Lawyer.
Indianapolis resident Willie King sued the city and the officers who took away his cellphone while he was videotaping them arresting another man. King was awarded $200,000 in damages.
Q: Can police seize and search the phone of a person they have arrested or suspect of a crime?
A: "If you're arrested and your phone is on you, they can take it, but they can't search it without a warrant."
A 2013 U.S. Supreme Court ruling in California held that police cannot search an arrested individual's phone without a warrant. The case involves David Riley, who was arrested on allegations of possession of concealed and loaded firearms after a traffic stop. Police seized and searched Riley's cellphone, where they found videos and text messages associating him with a street gang. They also found a picture of him standing in front of a car that police suspected had been involved in a recent shooting.
The evidence found in his phone resulted in criminal charges, including attempted murder. Riley was later convicted and sentenced. In his appeal, Riley argued that the evidence against him was obtained without a warrant and the search of his phone violated the Fourth Amendment. The California Court of Appeals upheld his conviction, and the California Supreme Court denied Riley's petition for review.
The country's highest court, however, ruled that the evidence against Riley was wrongly obtained. "Our answer to the question of what police must do before searching a cellphone seized incident to an arrest is accordingly simple — get a warrant," U.S. Supreme Court Chief Justice John Roberts wrote.
Q: Are amateur videos permissible in court as evidence?
A: "It can (be admitted as evidence), as long as proper evidentiary foundations are laid and someone can testify when it was taken. Every piece of evidence has to have evidentiary foundation."
Q: Can a person who's pulled over by police ask the officer if he or she can film the traffic stop?
A: "If you're holding the phone, most officers will not be OK with that. You can ask, but they'll probably say, 'Keep your hands where I can see them.'"
Q: What is considered a public place?
A: "Any place you're allowed to be, or, generally, people are allowed to be in. As far as criminal law is concerned, a public place is any place the general populace is invited to go. A courtroom is a public place. Lucas Oil Stadium is considered a public place even if it's privately owned.
"It's just a matter of, 'Are you allowed to record where you are?' In hospitals, you can take pictures and videos, until the hospital tells you you can't."
From The Daily Beast - A critique of the movie "Aloha."
A scathing statement issued by the Media Action Network for Asian Americans fired the first shot. “60% of Hawaii’s population is [Asian American Pacific Islanders]. Caucasians only make up 30 percent of the population [of Hawaii], but from watching this film, you’d think they made up 99 percent,” said MANAA President Guy Aoki. “This comes in a long line of films—The Descendants, 50 First Dates, Blue Crush, Pearl Harbor—that uses Hawaii for its exotic backdrop but goes out of its way to exclude the very people who live there. It’s an insult to the diverse culture and fabric of Hawaii.”
http://www.thedailybeast.com/articles/2015/05/28/the-unbearable-whiteness-of-cameron-crowe-s-aloha-a-hawaii-set-film-starring-asian-emma-stone.html
I've plugged this store before, so forgive the repeat.
If you like unique, totally cool bow ties, this is the place for you - Wonder Lee's Upcycled Bow Ties
Also, they're having a sale, buy 2, get 1 free.
**SALE** BUY 2 BOW TIES GET 1 FREE
BUILD-A-BOW WONDERLAND
Check out our newest styles and visit the BUILD-A-BOW WONDERLAND where we give you the virtual experience of looking through our books to pick exactly what you want and allowing us to upcycle it for you! Each one is 1 of 1 so if you see something buy something or be left with regrets of being Necked!
I was made painfully aware of the challenges that are encountered when using a wheelchair, especially when Ben was bound to one for several months during his recovery from his accident.
Curbs, uneven pavement, potholes, narrow doorways, inclines and any area that is not ADA complaint, proved to be tough to maneuver in, through, or around.
It is with excitement and enthusiasm that I share this breakthrough in mobility for the wheelchair bound folks, that hopefully will be available in the very near future.
The speech was by Arianna Huffington, the creator of The Huffington Post.
~~~~~~~~~~
If there is one thing I wish I knew when I was sitting where you are today -- and by the way, there are many -- it's that the Delphic admonition "Know Thyself" and Socrates' admonition that "the unexamined life is not worth living" are not ancient philosophical platitudes, but in fact the most relevant and important guiding truths for our lives. In the well-earned rush and excitement of your new life that's about to begin, it's remarkably easy to forget that most important relationship. That's because the ever-increasing creep of technology -- into our bedrooms, our brains, and our lives -- makes it much harder to connect with ourselves.
Indeed, for so many of us, connecting with ourselves has been so neglected that we will do anything to avoid it. Researchers from Harvard and the University of Virginia did an experiment in which they gave people a choice to be alone in a room, without anything -- no devices, no papers, no phones -- or get an electric shock. A whopping 67 percent of men chose the electric shock. I'm very happy to say that only 25 percent of women chose the shock. Seriously guys -- and a quarter of women -- what is wrong with you? It's not like you have to go shopping with your own thoughts or move in with them and pick out drapes, just be alone with them for fifteen minutes. Is it that bad?
In fact most of us actually know more about the state of our smartphones than we do about the state of ourselves. I bet pretty much everyone here knows approximately how much battery remains in your smartphone right now. And when it gets below 20%, giving us the dreaded red low power alert, we begin to get anxious and desperately look around for one of the little recharging shrines we meticulously maintain everywhere around us, lest anything should happen to our precious phone. But how much do you know, how aware are you, how mindful are you, of the state of your own being? Of your own energy and alertness and reserves? How quickly do you spring into action when you go into the low power zone?
It's worth reading in it's entirety. You can find it at the link below.
Does the happiest day of your life also have to be the most expensive? Whether the average cost of a wedding is $31,000, as the Knot reports, or more likely closer to $10,000, it’s a steep price to pay just to watch your cousin’s latest boyfriend abuse the open bar. If we eloped and invested that money instead, we could spend it on things we’ll truly need down the road, like college for the kids or Jet Skis. UseSlate’s calculator below to find out how much money you’d have today if you had invested that money instead of throwing a wedding.
When purchasing items from your corner bodega or, say, a carryout sushi place in an American city, where the native language of everyone working there is unmistakably clear, is it more polite to address the people working there and conduct business in their language of origin, or your own? I have been told that even if you are fairly fluent and have a pre-existing rapport with the staff, the former would be seen as patronizing or impolite.
Thank you for your question.
Are we talking about salutations?—like, Bonjour? That’s cool, mais oui.
Basic niceties? A modest dōmo arigatō never hurt anybody; go for it.
A jolly exclamation lifted from the heart to a fond acquaintance? ¡Órale!
But if there is the slightest bit of doubt, you should bite your non-native tongue.
The pitfalls here are matters of tone. I mean, first of all, that you run the of risk sounding condescending by implying that you are reaching across a barrier to bond with an immigrant who may turn out to speak English better than you. There’s also the danger of coming across as something of a showoff, or a brown-noser, or a cultural tourist on par with those sophomoric college students who end their junior-year-abroad programs with the delusion of having been assimilated into a senior position in local society. This is not to mention that hella many carryout sushi places are run by sons of Korea.
Also, there is the problem of tone in the strict phonological sense. To take one famous example: It’s pretty easy to mix up the words ask and kiss in Mandarin Chinese and thus to earn a scowl from your waitress when all you really wanted was more duck sauce.
This music is uniquely found only in the Creole / Cajun world of Southeast Texas and Louisiana. When I was growing up this was considered old folks' dancing. It good to see the tradition was not lost, but is being passed on to a new generation.
This beautiful brown beauty is Ariana Miyamoto, Miss Universe Japan 2015. Some of her countrymen are not happy about her representing them on the world stage.
Read her story in the New York Times. The link is below.
Why Do All the Superheroes Have to Be White, and All the Thugs Black?
Michael B. Jordan pushes back against critics of his colorblind casting as Johnny Storm in the Fantastic Four and encourages the Internet trolls to look beyond stereotypes.
Actor Michael B. Jordan LOIC VENANCE/AFP/GETTY IMAGES
It seems as if some white people have had a deep investment in the “white superhero” since the creation of blond-haired, blue-eyed Jesus, and now that noxious narcissism has spilled over into pushback against Marvel’s Fantastic Four.
Michael B. Jordan, who rose to fame portraying 22-year-old Oscar Grant in 2013’s Fruitvale Station,has been tapped to play Johnny Storm (“the Human Torch”) in the popular film franchise. Since the news broke, racist trolls, mostly white men, have come out of the woodwork in comment sectionsand on social media, decrying the lack of “authenticity” of a black Storm. He must remain blond-haired and blue-eyed, or else. Because, clearly, no little white boy feverishly reading his comic books under the covers with a flashlight dreams of one day being a powerful black man, right?
There is little doubt that forced diversity can potentially weaken a story when it’s a clear departure from that story’s truth. This is not the case, however, with director Josh Trank’s “contemporary reimagining of Marvel’s original and longest-running superhero team.” Drawing inspiration from his own multiracial family, Trank's goal is to normalize that representation in film, a medium that traditionally relies on a racially homogeneous family structure that no longer reflects America. This makes sense. Still, so-called comic book purists are actually upset because Storm, a fictional teen who transports to another galaxy and gains superpowers through cosmic radiation, thus arming him for an epic battle against Dr. Doom, is no longer white.
Yeah ... no. That’s not how any of this works.
Jordan responded to criticism with a forthright essay in Entertainment Weekly, writing in part the following:
Sometimes you have to be the person who stands up and says, “I’ll be the one to shoulder all this hate. I’ll take the brunt for the next couple of generations.” I put that responsibility on myself. People are always going to see each other in terms of race, but maybe in the future we won’t talk about it as much. Maybe, if I set an example, Hollywood will start considering more people of color in other prominent roles, and maybe we can reach the people who are stuck in the mindset that “it has to be true to the comic book.” Or maybe we have to reach past them.
To the trolls on the Internet, I want to say: Get your head out of the computer. Go outside and walk around. Look at the people walking next to you. Look at your friends’ friends and who they’re interacting with. And just understand this is the world we live in.
Unfortunately, the world we live in breeds the criticism Jordan is receiving. Some mainstream media outlets seem hell-bent on amplifying the parallel myths of white superiority and black inferiority. African-American men in particular are primarily packaged as “thugs,” wrapped in pathology so stifling that even when the opportunity presents itself, mainstream media won’t let them breathe. They don’t get to be heroes.
This dogged determination to negatively stereotype black people—first in Ferguson, Mo., then in Baltimore—has become craftier in recent weeks. In the Waco, Texas, “Wild West” shootout between rival biker gangs, esteemed outlets such as CNNwent out of their way to profile one African-American biker out of 170 men arrested, the vast majority of them white. When the federal government raided medical facilities (“pill mills”) that illegally sell and distribute prescription pain pills in a concerted effort to “crack down on prescription pain-drug abuse,” NBC featured the arrests of African-American medical professionals—despite 280 arrests being made over 15 months, and despite recent research by Recovery.org that found that white men are overwhelmingly the face of prescription-drug addiction.
That dedication to privileging and protecting whiteness is also evident in film, making Jordan one of only a few black actors to ever be placed in the barrier-breaking position he now finds himself. Typically, Hollywood executives will find a way to make a character white—accuracy be damned. We’ve seen it with Angelina Jolie as Mariane Pearl in A Mighty Heart, Elizabeth Taylor in Cleopatraandthe whitewashing of the Exodus cast, because who cares about geography when there is a prime opportunity to paint black characters as the thugs of Mesopotamia.
In both fantasy and reality, what is seen as power when wrapped in whiteness is often viewed as threat when wrapped in blackness. This sets the stage for a daily fight in which black people in this country often struggle to be acknowledged as human beings. That being the case, Michael B. Jordan’s playing Johnny Storm, a black man with superhuman powers, in a predominantly white and historically racist genre is bound to be framed as “controversy” instead of what it really is: good ol’ boys rebelling against the slow dethroning of the “white savior.”
What has become more and more clear is that the myth of white superiority partly relies on the perpetuation of white supremacy in dark movie theaters, where prejudices and biases can hide behind overpriced popcorn and Twizzlers.
Michael B. Jordan is simply turning the lights on.
