Austin PD Officer Assaults and Interferes With Photographer

APD Officers involved:

Brewer #5607
Allegretti #7756
Hoke #7304
Cummings #7080
Aalbers #7591

With the amount of negative press that officers from the Austin Police Department are getting these days, one would think they would do everything they could to change their public image.  However, in yet another video by The Battousai they continued to demonstrate their hate for people exercising their constitutional rights.

Batt was filming a traffic stop that led to a DUI investigation.  He was filming from a public sidewalk, was over 30 feet away from the scene, and was not interfering with the officers at any time.  The stop began with just one officer and the driver being investigated.  Once the officer saw that he was being recorded, four more officers soon rolled up on the scene.

At 5:23 into the video, an officer identified as Officer Brewer, Badge #5607 approaches Batt and asks him to move back another 20 feet.  He tells the officer that he is on a public sidewalk and is far enough away from the scene and that he is not interfering. Brewer then assaults Battousai when he puts hands on him and pulls him onto private property.  Batt tells the officer several times to remove his hands from him.  He tells the officer that he is not going to stand on private property and moves back to the sidewalk.

Throughout the video, another officer; Officer Allegretti Badge #7756, keeps looking back to see where the camera is and then moves to block his shot.  Because of this, he has to keep moving to get a shot of the scene.  Brewer tells him to quit moving around and he tells the officer that if the officer would stop interfering with his photography, he wouldn’t have to keep moving.

According to APD Policy:

302.2 INTERACTION WITH COMMUNITY

(b1):  In areas open to the public, officers shall allow bystanders the same access for photography as is given to members of the news.  Officers shall be aware that:  3.  Public settings include parks, sidewalks, streets, and locations of public protests; but that protection extends also to an individual’s home or business, common areas of public or private facilities and buildings, and any other public or private facility at which the individual has a legal right to be present.

(c) As long as the photographing or recording takes place in a setting at which the individual has a legal right to be present and does not interfere with an officer’s safety or lawful duties, officer’s shall not inform or instruct people that photographing or recording of police officers, police activity or individuals who are the subject of police action (such as a Terry stop or an arrest) is not allowed; requires a permit; or requires the officer’s consent. Additionally, officers shall not:

1. Order that person to cease such activity;

2. Demand that person’s identification;

3. Demand that the person state a reason why he or she is taking photographs or recording;

4. Detain that person;

5. Intentionally block or obstruct cameras or recording devices; or

6. In any way threaten, intimidate or otherwise discourage an individual from recording officer’s enforcement activities.

Several of the officers present seemed to interact professionally with Battousai, but it’s quite apparent that Officer Brewer and Officer Allegretti are in need of retraining on the department’s policy when interacting with the public.  If these officer have nothing to hide, why do they seem to lose their minds every time a person films them?

The Battousai is a real professional when dealing with officer when he goes out and films them.  He is always polite and never puts himself into the situation.  His only interactions are when they approach him or when they are finished with their stop so that he can get names and badge numbers.  Don’t let his being polite confuse you into thinking it’s weakness.  This man knows the local laws and does not back down when one of these officers tries to challenge him on his actions.

Check out some of his other videos below:

Battousai also included the link to a story involving field sobriety tests that you may find informative:  Passing a Field Sobriety Test

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Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
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Connect with Kelly at these social networks; Facebook, YouTube and Twitter.

14 Comments

  1. Cops never drive drunk. Just sayin

  2. In Glik v. Cunniffe, the Court of Appeals for the First Circuit, obviously not applicable to Austin, but still a significant ruling, ruled that Glik standing 10 feet away from the officers he was recording was NOT interfering with them. The question for any videographer is whether or not you want to try for a controlling court case in your circuit by refusing to move, in this case, more than 30-40 feet away from the officers. Obviously, you would be arrested and spend years fighting the government, but you could end up memorialized as a hero like Glik.

  3. that’s horrible what these corrupt cops have done to our country. complete trouble making thugs

  4. that guy easily passed a FST…

  5. they just cant stand someone filming

  6. Hmmm
    Clearly you missed the driver agitation with you for you recording him. If you notice…that’s who points out the camera.

    After that:
    Officers are professional and courteous

    About the “blocking”.
    Your zoom is your choice. You pan back and you have the whole scene.

    (Short side note:
    The officers HGN looked a little fast on his check of equal tracking and smooth pursuit. And he should of had him stop chewing gum.)

    Oh yeah….and I loved the advice TO TAKE THE ROADSIDE PBT…..funny how most lawyers tell you not too …but I love the help

    Overall….the officers were very professional. Got a dangerous drunk driver off the street.

    Well done boys. gotta love CBs pro-cop stories.

  7. It is not sufficient to post these videos online. The cops know they are being filmed. It has to be accompanied with a formal complaint. In Austin there is a clear pattern of violating the rights of citizens filming. Activists in Austin really need to bring a case to the Justice Department.

    1. Trust me, Battoussai follows up with filing complaints.

    2. Trust me, Battoussai follows up with filing complaints.

  8. Obviously another copblocker being somewhere they shouldn’t be. You had a light on your camera and you were walking toward the officer. This just another bullshit paranoid story by a streetsheep copblocker.

    1. better a copblocker than a copsucker.

  9. Why didn’t they shoot him? He was black right?

  10. I don’t know why they bother with the dog and pony show of field sobriety tests. I would fail them sober, I guarantee it. This incident was just a bunch of cops doing their jobs…which is being dicks.

  11. The pigs just wanted to fudge a field sobriety check so they could arrest without a pesky video recorder watching them.
    Without video, one has NO chance of fighting a falsified DUI sobriety check in court….and the pigs KNOW it.

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