Police Illegally Trespass and Arrest Woman in Her Front Lawn for Recording Traffic Stop: An Eyewitness Report

At 9:50pm Thursday May 12, 2011 officer Mario Masic illegally trespassed and arrested a woman in her front lawn while she unobtrusively recorded a suspicious traffic stop in front of her house.

The Illegal Detention and Search of a Young Black Male

On Thursday night I was at my friend's house when at about 9:45pm my friend and I saw flashing lights in front of the house. We both went outside to see what the commotion was about and we found two police cars blocking the street as they were performing a traffic stop. Later on a third police car pulled up making a total of four officers on the scene. The person pulled over was a young black male. It was unclear why the man was originally pulled over but one of the officers interrogated the man and accused him of possessing drugs. Not satisfied with the man's answers, the police took the man out of his car, handcuffed and put him in the back of a police car. After the man was detained, the police officers searched his car and found no drugs. The officers then released the man and said he was free to go. As the man drove away about 9:55pm he didn't appear to receive a ticket.

The Illegal Trespass and Arrest Of a Woman Recording Incident

As soon my friend and I came out to observe the police activity in front of the house located in the 19th Ward my friend began to record the events with her IPhone. While the police were searching and detaining the driver of the car one of the officers noticed that my friend was recording the whole incident. He began to question her with an aggressive tone claiming he felt unsafe with her “standing behind him”. Interestingly, at no point was his back turned to us, so presumably he was upset that she was observing and taping. My friend responded that she had the right to observe. The officer responded that she did not have the right to observe from the sidewalk. My friend immediately moved back into her grass before the sidewalk. Then the officer ordered us both inside the house. The woman calmly noted that she had the right to be on her own property and the right to observe the police activity unobstructed. The officer commented that he thought she was “anti-police” and approached the woman stating “are you seriously not going to obey my order?” As the officer trespassed on to the property in a threatening manner, we began to walk toward the house. As we approached the porch, the officer said, “I'm just going to arrest you” and came onto the property to arrest the woman. She was put into a police car and taken away at about 9:55pm. According to the arrested woman, after the arrest the four police met in the parking lot of Wilson High School around the corner and had a conference for about an hour about how to deal with the case. A Sargent came over and gave them advice about how to write up the report that would minimize their wrong doing.

VIDEO OF INCIDENT: http://www.youtube.com/watch?v=a7ZkFZkejv8

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UPDATE: The woman arrested was charged with Obstructing Governmental Administration and has been bailed out of jail. She is awaiting her next hearing on June 27, 2011 in Rochester City Court.

Contact info:
Ryan Acuff 585-455-0961 - racuff@gmail.com