Jenni Joyce
whptv.com
VIDEO -
http://www.whptv.com/mediacenter/local.aspx?videoid=3316099
What are your rights when you’re approached by police? Do you have to hand over your identification? These are questions we looked into Wednesday after a man believes his rights were violated in Lancaster County
The incident happened one night last week as the man claims he was standing on a bridge overlooking Route 283, taking photographs and police pulled up and asked for ID. The man refused and multiple laws were tested.
“Do you have any ID on you?” the law enforcement officer asked. “I do, but I don’t have to show you,” responded 25-year-old Jason Macchioni of Hershey.
That response by Macchioni agitated an officer from Northwest Regional Police Department.
“Ok, this is the game we’re going to play?” questioned the officer.
Macchioni, who was standing on the Mt. Gretna Road bridge taking pictures when police pulled up around midnight. He recorded his interaction with police and it’s earned more than 18,000 hits on Youtube. But, the decision to record was not popular with officers.
“You cannot video someone’s voice without their permission,” the officer stated.
“But we’re in a public space, you’re performing a public duty,” Macchioni replied back. “I know my rights.”
“No, you don’t know your rights, your rights are you cannot video our voice if we don’t want you to,” commented the officer.
The incident happened one night last week as the man claims he was standing on a bridge overlooking Route 283, taking photographs and police pulled up and asked for ID. The man refused and multiple laws were tested.
“Do you have any ID on you?” the law enforcement officer asked. “I do, but I don’t have to show you,” responded 25-year-old Jason Macchioni of Hershey.
That response by Macchioni agitated an officer from Northwest Regional Police Department.
“Ok, this is the game we’re going to play?” questioned the officer.
Macchioni, who was standing on the Mt. Gretna Road bridge taking pictures when police pulled up around midnight. He recorded his interaction with police and it’s earned more than 18,000 hits on Youtube. But, the decision to record was not popular with officers.
“You cannot video someone’s voice without their permission,” the officer stated.
“But we’re in a public space, you’re performing a public duty,” Macchioni replied back. “I know my rights.”
“No, you don’t know your rights, your rights are you cannot video our voice if we don’t want you to,” commented the officer.
The officer claimed the videotape violated state wire-tapping laws, but Northwest Regional Police Chief Samuel Gatchell admits his officers were misinformed.
“When you’re in a public place and the gentleman has a right to be in that location, he has all the right in the world to video and audio record,” stated Northwest Regional Police chief Samuel Gatchell.
Chief Gatchell weighed in on the entire police incident. “I think mistakes were made on both sides,” Gatchell told CBS 21.
Gatchell says if Macchioni did not like the way the officers were handling him, he should have called a police supervisor immediately. Gatchell also admits the man was not at fault for failing to hand over his ID. He was not in violation of the law
But, the chief defends his officers for requesting proper identification. Gatchell says Macchioni violated a parking law for illegally pulling over on the bridge and was leaning over the bridge, which concerned at least one passerby enough to call police.
“When you’re in a public place and the gentleman has a right to be in that location, he has all the right in the world to video and audio record,” stated Northwest Regional Police chief Samuel Gatchell.
Chief Gatchell weighed in on the entire police incident. “I think mistakes were made on both sides,” Gatchell told CBS 21.
Gatchell says if Macchioni did not like the way the officers were handling him, he should have called a police supervisor immediately. Gatchell also admits the man was not at fault for failing to hand over his ID. He was not in violation of the law
But, the chief defends his officers for requesting proper identification. Gatchell says Macchioni violated a parking law for illegally pulling over on the bridge and was leaning over the bridge, which concerned at least one passerby enough to call police.
Gatchell says it’s pretty standard for officers to ask for ID when they’re in an unknown situation. In this case, if police wanted to pursue a citation against Macchioni for his illegal parking job and he continued to refuse to show police his ID, he could’ve been arrested.
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