This past Sunday I, Michael Blunk, was arrested for videotaping a police officer with my video camera (the video on YouTube). As you may know, this is 100% legal in the United States, thanks to our Constitution, our laws and the Supreme Court. The whole experience taught me a lot about our criminal justice system, and showed me firsthand many of it’s failures.

The consistent theme throughout this entire experience is that it seems that no one is aware of citizen’s rights, especially concerning the right to make audio and video records of the police performing their duty as officers of the law. One of the jailers with whom I spoke even argued that videotaping a police encounter is interfering with police business. There is no reason why recording the truth is interference because it is a matter of evidence. It offers protection to both the police officer and the citizen in question. A video record ensures that a citizen can’t falsely accuse a police officer of brutality while simultaneously ensuring that the police officer can not violate a citizen’s civil rights and get away with it. It is only logical, especially in criminal matters, that the truth should be firmly on record.

I was formally charged with Public Intoxication, but I had a total of 3 beers that night from 10:30 PM to 1:30 AM, the time of my arrest. That amounts to 1 beer per hour, not anywhere near intoxication. I will be fighting these charges in court, and I invite all of you to join me. Our press release for this is below the fold.

Houston, TX, February 23, 2010: Around 1:30 AM on Sunday February 22^nd, Students for Sensible Drug Policy Board of Directors member and Univ. of Houston chapter founder Michael Blunk was detained for recording a police officer with his video camera. Despite multiple laws in Texas that allow for single-party consent for recording and a Supreme Court ruling asserting a citizen’s right to record video of a police officer, the police officer in the incident repeatedly said that Blunk was interfering with police business. Blunk was formally charged with Public Intoxication, but was never given a breathalyzer or a field sobriety test, and he claims he had only 3 drinks that night, with multiple witnesses confirming this. Blunk was in jail for a full 24 hours due to this incident, and has vowed to fight the charge once his court date arrives. “All I hope to do, is to ensure all citizens and police officers know of our rights to record audio and video on public streets.” – Michael Blunk

The incident began around 1:20 AM when a police officer showed up on a noise complaint on a fundraising party for the Star of Hope at 3714 Wheeler St. When Michael Blunk saw the police arrived he left his house at 3711 Wheeler St. to go over there. The officer was talking to a friend of Blunk’s when he proceeded to begin filming the incident with his cell phone camera.

The officer almost immediately blocked the camera with his hand, and repeatedly told Blunk that he was interfering with police activity. Blunk asserted that it was his legal right to record police officers doing their job, and that the Supreme Court has guaranteed this right. Soon after this the officer grabbed Blunk’s arm and handcuffed. Blunk handed his camera off to a friend who continued recording the encounter.

The officer never asked Michael Blunk to take a field sobriety test, or use a breathalyzer. Furthermore, Blunk’s Miranda rights were never read to him during this entire encounter. Blunk intends to fight the charge in court, by using his video as evidence. His hope is to educate the public and his friends about their rights as citizens, and to work to prevent someone else from having to go through this situation.

Video of the incident can be found at http://www.youtube.com/watch?v=TMpGYGzTmOc.