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“The one and only Smart Liberal”

Since: Aug 12

Former MN Tax Payer

#1 Jan 8, 2013
Are we now living in a Police State? This guy is being charged under a healthcare law. WTF is going on with that?

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Little Canada man videotaped sheriff's deputies, and got charged for it

By Emily Gurnon
Updated: 01/08/2013 05:44:53 PM CST

Andrew Henderson watched as Ramsey County sheriff's deputies frisked a bloody-faced man outside his Little Canada apartment building. Paramedics then loaded the man, a stranger to Henderson, into an ambulance.

Henderson, 28, took out his small handheld video camera and began recording. It's something he does regularly with law enforcement.

But what happened next was different. The deputy, Jacqueline Muellner, approached him and snatched the camera from his hand, Henderson said.

"We'll just take this for evidence," Muellner said. Their voices were recorded on Henderson's cellphone as they spoke. Henderson provided a copy to the Pioneer Press. "If I end up on YouTube, I'm gonna be upset."

Henderson calmly insisted he was within his rights to do what he was doing. He refused to give his name.
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Kevin Beck, whose law firm prosecutes non-felony cases for Little Canada and other cities, declined to comment Tuesday, Jan. 8, on the specifics of Henderson's case.
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The day after Henderson's camera was taken Oct. 30, he went to the Arden Hills sheriff's substation to get it back.

He gave staff there his name. The camera, they said, would have to wait, according to Henderson.

A week later, Henderson was charged with obstruction of legal process and disorderly conduct, both misdemeanors. He had been filming from about 30 feet away, he said. Henderson said deputies gave him no warning before Muellner took his camera.

The deputy wrote on the citation, "While handling a medical/check the welfare (call),(Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with sit(uation) to deal w/Henderson."
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The allegation that his recording of the incident violated HIPAA, or the federal Health Insurance Portability and Accountability Act, is nonsense, said Jennifer Granick, a specialist on privacy issues at Stanford Law School.

The rule deals with how health care providers handle consumers' health information.

"There's nothing in HIPAA that prevents someone who's not subject to HIPAA from taking photographs on the public streets," Granick said. "HIPAA has absolutely nothing to say about that."
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She had never heard of a case in which a law enforcement agency cited HIPAA to bar someone from recording, she said.

Kirtley, of the U of M, said the seizure and alleged erasure of the recorded material "raises significant Fourth Amendment issues for him ...The seizure here was not to preserve the evidence -- it was to destroy the evidence."

The Fourth Amendment guards against unreasonable search and seizure.

Henderson got a copy of the report the day after his conversation with Eggers. His camera was released to him two days later.

Muellner has been with the sheriff's office since 1980. Her personnel file includes numerous awards, commendations and thank-you letters. There are two citizen complaints from the 1980s, found by the office to be "not sustained."

Henderson said he does not intend to make a plea deal with prosecutors if one is offered.

"I'm in the right," he said. "If they don't drop it, I'm definitely going to trial."

Henderson works as a welder and does not qualify for a public defender. He is representing himself in court.

http://www.twincities.com/localnews/ci_223335...
Amused Slew

Seattle, WA

#3 Jan 8, 2013
If he's innocent, why did he refuse to identify himself ??? Funny, you hate cops, right ??
Lowell

Minneapolis, MN

#4 Jan 8, 2013
Amused Slew wrote:
If he's innocent, why did he refuse to identify himself ??? Funny, you hate cops, right ??
What grounds did the police have to ask for his name? Coffee grounds maybe.

Only in a police state can COPs go around asking for private information with no probable cause. The woman COP was way out of line and will lose this one.
Amused Slew

Seattle, WA

#5 Jan 8, 2013
He was filming/witness to a crime and getting his name would be necessary to have a WITNESS.... witless....
Amused Slew

Seattle, WA

#6 Jan 8, 2013
That lead paint you licked off walls may be having an effect...
Lowell

Minneapolis, MN

#7 Jan 8, 2013
Amused Slew wrote:
He was filming/witness to a crime and getting his name would be necessary to have a WITNESS.... witless....
The crime was over. He was taping the COPs actions after the fact.

If the COPs wanted to do it legally, within the law, they could have quickly gotten a court order for the recording.

The lady COP was just being a hot COP and taking it with NO probable cause.

Maybe some day a COP will do the same to you, let us know what you think.
Amused Slew

Seattle, WA

#8 Jan 8, 2013
Sorry pal, the arrest is part of the crime... Nice you're splitting hairs, but cooperate with cops or you're as stupid as you write.

“The one and only Smart Liberal”

Since: Aug 12

Former MN Tax Payer

#9 Jan 8, 2013
Wow, "the arrest is part of the crime". What a brilliant statement! For a moron.

Henderson is charged under the HIPAA law. I'd love for any of the big fans of the police state to explain the justification behind that one.
Amused Slew

Seattle, WA

#10 Jan 8, 2013
Yeah, I figured you'd say nothing poorly... Hertz to see such stupidity. As for me, I let the law work it's way through, why you go all drama Queenie/weenie on a "story"... LMAOROTFU~!
Amused Slew

Seattle, WA

#11 Jan 8, 2013
A week later, Henderson was charged with obstruction of legal process and disorderly conduct, both misdemeanors. He had been filming from about 30 feet away, he said. Henderson said deputies gave him no warning before Muellner took his camera.

The deputy wrote on the citation, "While handling a medical/check the welfare (call),(Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with situation to deal w/Henderson."
consistent

Grantsburg, WI

#12 Jan 8, 2013
Amused Slew wrote:
A week later, Henderson was charged with obstruction of legal process and disorderly conduct, both misdemeanors. He had been filming from about 30 feet away, he said. Henderson said deputies gave him no warning before Muellner took his camera.
The deputy wrote on the citation, "While handling a medical/check the welfare (call),(Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with situation to deal w/Henderson."
Baaahayahahayahhahaaaaah!
Amused Slew

Seattle, WA

#13 Jan 8, 2013
Nice to see you "recycling"your PhillipKs VodKa, it Hertz to see such stupidity, tho..
insistent

Grantsburg, WI

#14 Jan 8, 2013
Amused Slew wrote:
Nice to see you "recycling"your PhillipKs VodKa, it Hertz to see such stupidity, tho..
Bayahahayahahyahahhhnotaaaahte reaaaahuncledaddyahahahaayhaha hahok!
Consistent

Minneapolis, MN

#16 Jan 9, 2013
blah blah blah defective

blah blah blah Phllips vokda

blah blah blah Thorazine

blah blah blah extremist rant

blah blah blah demokrats

blah blah blah more vodka please

blah blah blah Little BOI's

blah blah blah sheeple

blah blah blah gay escort

blah blah blah time to pass out now

blah blah blah crap I peed myself again
Lowell

Minneapolis, MN

#17 Jan 9, 2013
Amused Slew wrote:
Sorry pal, the arrest is part of the crime... Nice you're splitting hairs, but cooperate with cops or you're as stupid as you write.
You talk as thou we live in Russia.

The lady COP acts like she agrees with you.

There are "people" who shouldn't be COPs and this lady is one of those. She should find a job as perhaps a Walmark greeter for 10 years and then go back to maybe being a night security guard at a warehouse.
Amused Slew

Seattle, WA

#18 Jan 9, 2013
As thou ?? Yep, Schmahl minded moron, who needs to hide who he is to look less stupid, than you ALWAYS do...
Bridgework

Lincoln, NE

#19 Jan 9, 2013
Amused Slew wrote:
He was filming/witness to a crime and getting his name would be necessary to have a WITNESS.... witless....
What crime was committed? He filmed a man being loaded into an ambulance in a public area.
Bridgework

Lincoln, NE

#20 Jan 9, 2013
Amused Slew wrote:
As thou ?? Yep, Schmahl minded moron, who needs to hide who he is to look less stupid, than you ALWAYS do...
Odd, that's the same thing Le Jumbo says. More proof or you being Slew Jumbo.
Amused Slew

Seattle, WA

#21 Jan 9, 2013
The crime was what he was filming... His crime was obstruction of legal process and disorderly conduct, both misdemeanors. Learn to read.....
Amused Slew

Seattle, WA

#22 Jan 9, 2013
More proof or you :::

Yep, we're ALL the same to the moron mind... Pretty sad, you NEED to class folks to feel adequate...

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