It's a mad, mad, mad, mad, mad world...

[TwoGuns]

A story in today's Philadelphia Daily News shows why it's so important that citizens be allowed to videotape cops - it can be citizens' only way to fight back against police abuse of power.

 

This incident happened several weeks ago in Philadelphia to Mark Fiorino, a 25-year-old IT worker who carries a gun on his hip at all times for self defense. He got the gun after several friends were mugged.

 

But he didn't count on attacks by police:

 

On a mild February afternoon, Fiorino, 25, decided to walk to an AutoZone on Frankford Avenue in Northeast Philly with the .40-caliber Glock he legally owns holstered in plain view on his left hip. His stroll ended when someone called out from behind: "Yo, Junior, what are you doing?"

 

Fiorino wheeled and saw Sgt. Michael Dougherty aiming a handgun at him.

 

What happened next would be hard to believe, except that Fiorino audio-recorded all of it: a tense, profanity-laced, 40-minute encounter with cops who told him that what he was doing - openly carrying a gun on the city's streets - was against the law.

 

"Do you know you can't openly carry here in Philadelphia?" Dougherty asked, according to the YouTube clip.

 

"Yes, you can, if you have a license to carry firearms," Fiorino said. "It's Directive 137. It's your own internal directive."

 

Fiorino was right. It was perfectly legal to carry the gun. But that didn't matter to the cop:

 

Fiorino offered to show Dougherty his driver's and firearms licenses. The cop told him to get on his knees.

 

"Excuse me?" Fiorino said.

 

"Get down on your knees. Just obey what I'm saying," Dougherty said.

 

"Sir," Fiorino replied, "I'm more than happy to stand here -"

 

"If you make a move, I'm going to f------ shoot you," Dougherty snapped. "I'm telling you right now, you make a move, and you're going down!"

 

"Is this necessary?" Fiorino said.

 

It went on like that for a little while, until other officers responded to Dougherty's calls for backup.

 

Fiorino was forced to the ground and shouted at as he tried to explain that he had a firearms license and was legally allowed to openly carry his weapon.

 

"You f------ come here looking for f------ problems? Where do you live?" yelled one officer.

 

"I'm sorry, gentlemen," Fiorino said. "If I'm under arrest, I have nothing left to say."

 

"F------ a------, shut the f--- up!" the cop hollered.

 

The cops discovered his recorder as they searched his pockets, and unleashed another string of expletives.

 

Fiorino said he sat handcuffed in a police wagon while the officers made numerous phone calls to supervisors, trying to find out if they could lock him up.

 

When they learned that they were in the wrong, they let him go.

 

But only temporarily. Fiorino posted the audio recordings on youtube, and now they are harassing him again:

 

A new investigation was launched, and last month the District Attorney's Office decided to charge Fiorino with reckless endangerment and disorderly conduct because, a spokeswoman said, he refused to cooperate with police... He's scheduled for trial in July.

 

If one listens to the audiotapes, it's hard to imagine how a reasonable person could charge Fiorino (and not the cops) for disorderly conduct.

[gotcoues]

You should add the you tube link if you have it. Interesting story to say the least.

[DesertBull]

In a related story, the Indiana Supreme Court ruled that a citizen cannot resist UNLAWFUL entry into their home by the police.

 

I guess it's good to know that if we ever run out of toilet paper, we can use the Constitution.

[firstcoueswas80]

That will be a nice law suit... That guy should be set for life if he hires a competent attorney.

[stanley]

I would like to hear the Youtube audio, I suppose. Seems like the cop was definitely being a jerk and was on edge....... On the other hand, it also seems like if he simply complied with the order to get on his knees and did what the cop said, that he would have had a chance to eventually show is licenses. All second hand hear-say until we hear the Youtube clip though.

 

Set-up for life with a competent attorney Casey? Huh? Suppose maybe if he wants to live in van by the river for life, else my guess is that he wouldn't win that much.

 

S.

 

[WHT_MTNMAN]

I would like to hear the Youtube audio, I suppose. Seems like the cop was definitely being a jerk and was on edge....... On the other hand, it also seems like if he simply complied with the order to get on his knees and did what the cop said, that he would have had a chance to eventually show is licenses. All second hand hear-say until we hear the Youtube clip though.

 

Set-up for life with a competent attorney Casey? Huh? Suppose maybe if he wants to live in van by the river for life, else my guess is that he wouldn't win that much.

 

S.

 

 

 

I think its a great idea, anybody that is a cop or "pretending" to be a cop disarming somebody that is completely lawful and in the right. (sarcasm) Makes me feel so much safer that anyone in a uniform can harass me. I have upmost respect for LE, it are the ones that abuse their authority that bother and scare me.

[joeeden]

Somebody's on a power trip! I have to agree though, I don't see the guy getting awarded much, if any money in court. I would guess they will drop the charges and that's about it.

[firstcoueswas80]

I'm not a law expert, but that sounds like a violation of constitutional rights to me...

[stanley]

I'm definitely no law expert either, but my opinion is that I don't really see where his constitutional rights were violated. He had a run-in with a cop who was an A-hole and/or was apparently having a very bad day. He didn't cooperate, so he was detained. After the cop talked to his supervisor, they decided that they couldn't charge him. They learned that they had to let him go, and they did just that. Now some DA has a bug up his butt, so he or she is investigating and maybe filing new charges. So what..... Constitutional rights being violated?

 

Just like the Cop, it seems like this guy had a bit of a chip on his shoulder. Seems like if the cop would have been 'nicer', and he would have 'complied', that this thing would never have made it to print. Still would like to hear the Youtube, as until then, the credibility of this story is pure urban legend, IMO.....

 

I would agree with you on one thing Casey, you are not a law expert (and as admitted, nor am I)

 

Respectfully,

S.

 

[SirRoyal]

Problem is its gonna cost the guy alot of money to defend himself. Hopefully an attorney can get the charges dropped before a court date, if not his best bet is a judge with a brain and some good common sense!!!!

[yotebuster]

http://www.youtube.com/watch?v=Z-vUYeJXSrA

 

 

I found it on youtube, for those of you who wanted to hear it. Sounds to me like the guy was purposely trying to piss off a cop in order to make the tape. Doesn't make the cop any less at fault, but instantly raises flags with me as to whether I should feel bad for this guy or not.

[DesertBull]

Ever heard of unlawful search and seizure? You must have a warrant or REASONABLE suspicion before apprehending a person, let alone pointing a loaded weapon at them. Would you allow them to walk into your house without a warrant because they knew you had a gun? You also have the right to be told what you're being held for, and no, telling you to the SHUT THE **** UP, is not a reason to be held.

[OpticNerd]

Who walk around with an audio recorder on? Kind of a weird thing to do unless your planning on intentionally rerecording something.

[TwoGuns]

I hate to break it to some of you, but the constitution is almost not in play anymore in practical terms. In theory it still protects us, but the judicial branch has done what it wants for years. In other words, judges have set the precedent that they can do what they want from the bench, constitution be damned. They get away with it because nothing happens to them if the supreme court overturns their decision.

 

I am saddened by the state of our union that incidents like this one in philadelphia are way too common.

 

IMO,

 

Darren

[bonecollector]

Sounds to me like the Sargeant needs to learn the laws he's supposed to enforce.