A federal jury decided this week that a Martin County deputy violated a local man’s civil rights nearly six years ago when he took the man’s cellphone while he was recording a crash scene.
James Crocker and his attorney, Guy Rubin, said this decision is a landmark case that sends a strong message to both the public and to law enforcement: It is your right to record a crime scene or crash scene in a public place.
In 2012, Crocker said he was driving north on Interstate 95 in Martin County and pulled up on a deadly rollover crash.
“I saw a terrible accident, dust in the air, and cars pulling over. So, I did what I think anybody would do. I stopped to help,” Crocker said.
Crocker said he and several other people backed off when rescue crews arrived. “I saw some other people taking pictures ... I took out my phone and I took four or five pictures,” Crocker said.
“I no sooner put my phone back by my side and an officer approached me and just literally took my phone from my hand,” Crocker described.
The deputy, Steven Beatty, did not have a warrant or consent to take the phone.
“I said to him ‘Sir I didn’t realize it was illegal to take pictures'. He said 'it’s not, but your phone is now evidence of the state. Get in your car and leave.'… I said 'sir I'm happy to leave but not without my phone’. He said 'turn around, you’re under arrest’.”
Crocker said he was put in the back of a patrol car for more than half an hour.
“He turned the AC off on a 90-degree day in the middle of May,” Crocker described.
Then, he spent several hours in jail. “Overtaking few pictures,” Crocker said.
He deleted his pictures upon release at the request of law enforcement. But, he decided to take legal action to set a precedent.
His attorney, Guy Rubin, says this is a landmark case.
“Every law enforcement officer is on notice that this behavior is constitutionally impermissible,” Rubin said.
He said it is legal to record crime scenes and crash scenes because it is a public place. He said there are restrictions, such as recording areas that jeopardize security or recording in private property.
He wants this case to encourage people to continue to record what they see.
“It is a check and balance on law enforcement to have citizen monitors...Police are intimidating. The average person will listen to the police officer, first out of respect for the law, but also because they know that the consequence of not listening to the police officer, even if they’re right, is to be arrested,” Rubin said.
The sheriff’s office said in a statement:
At the time of this horrific fatal crash, Deputy Beatty felt that it was reasonable to take possession of the phone which he believed contained graphic images of the crash scene and the deceased, taken by Mr. James Crocker, who was a roadside bystander. Images Deputy Beatty felt may have been valuable to traffic homicide investigators. The jury disagreed with Deputy Beatty’s assessment of the situation but determined that no malice existed in his actions.
The jury’s verdict does not punish Deputy Beatty.
The sheriff’s office said deputies, as part of regular training, will go through training related to the laws surrounding taking cell phones or citizen pictures and videos as evidence.
Crocker and his attorney are still pursuing legal action against the deputy for being arrested in the first place, and being left in a hot car.
