Captured: Border Patrol arrest video brings legal challenge (video)
If you’re an activist and an amateur videographer and you see Border Patrol agents wandering around your property inspecting footprints (that happen to be yours), what do you do?
Get out your video camera and start filming, of course.
Or at least that’s what Alison McLeod, Southern Arizona Progressive Democrats of America (PDA) field organizer, did last week.
When McLeod spotted Border Patrol agents snooping on and around her property on foot, on horseback, in SUVs, and in a helicopter, she started filming and asking questions. McLeod’s curiosity lead her to the site of an arrest of a man with a bloody nose (presumably a Mexican national, since he was handcuffed).
Not 24 hours after she posted the above video to her You Tube channel, McLeod received a notice from You Tube that “someone” (ahem, like the feds) complained to them about it. Below is the e-mail she received. In addition, a Border Patrol representative visited her house the same day– unannounced and uninvited.
Dear loneprotestor, This is to notify you that we have received a privacy complaint from an individual regarding your content:
————————————————————-Video URLs:
The information reported as violating privacy is at 2_55-5_30
————————————————————-
We would like to give you an opportunity to review the content in question and remove any personal information that may be used to uniquely identify or contact the complainant. You have 48 hours to take action on the complaint. If you remove the alleged violation from the site within the 48 hours, the complaint filed will then be closed. If the potential privacy violation remains on the site after 48 hours, the complaint will be reviewed by the YouTube Team and may be removed pursuant to our Privacy Guidelines (http://www.youtube.com/t/privacy_guidelines). For content to
be considered for removal, an individual must be uniquely identifiable by image, voice, full name, Social Security number, bank account number or contact information (e.g., home address, email address). Examples that
would not violate our privacy guidelines include gamer tags, avatar names, and address information in which the individual is not named. We also take public interest, newsworthiness, and consent into account when determining
if content should be removed for a privacy violation. If the alleged violation is located within the video itself, you may have to remove the video completely…
Politicians and other public servants are becoming increasingly annoyed by amateurs photographers and citizen journalists with video cameras and video-enabled smart phones because they’re catching people in the act of… whatever… and posting videos on You Tube and blogs.
With the demise of investigative journalism in the US, we need the wild and woolly world of citizen journalism and amateur videos to keep government servants honest. If unlimited, secret corporate campaign contributions are considered “protected speech”, then so are amateur videos, still photos, and blog posts.
UPDATE of this story: First Amendment Upheld in Border Patrol Video Case
17 comments on “Captured: Border Patrol arrest video brings legal challenge (video)”
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Tucson Progressive 
She should be charged with interfering with an investigation, obstruction of justice, interfering with law enforcement officers, failure to obey an officer’s signal and harassment.
They should also charge the other person that was controlling the camera during the first part of the video.
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It’s been decided in the courts, citizen, that, like carrying a gun, filming the police at work is decidedly constitutional. Even more, it is much less dangerous to society than an unquestioning reverence for authority.
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leftfield, what you say is so! Unless the B P is doing something illegal why would anyone object to this video? We, as citizens, have the responsibility of keeping an eye on the doings of all goverment agencies.
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“Even more, it is much less dangerous to society than an unquestioning reverence for authority.”
Absolutely agree. Now if we could just talk some sense into those who have an unquestioning reverence for instigators. Yes, we do need them, but they ain’t always Jesus on a donkey.
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You know, reading your comment made me think you would make a good guard at any Chinese re-education camp, North Korean Gulog, or a Russina Gulog, no doubt they would love that authoritarian belief, and no freedom of speech, etc., exactly how does one obstruct justice on ones own property? I find that one key thing missing from your looney tune rant, or is it that your a border patrol agent, or a relative/spouse to one and have a dog in the fight?:-)
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If you watch the video…they are on the road…not on her proprty and the helicopter was not in her yard…look at content of all of her videos….B!TCH needs to get a job.
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you are absolutely right…she should be charged..this is dangerous for these BPAs.
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Looks like BP doing their job!
Thanks for the video showing our LEOs securing the border!
Got any film of illegals robbing homes, killing ranchers, or trashing our Country?
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True is things going to get worst with Mexico falling in pieces. If American want to keep them in the other side going to need to put an Army on those borders. Hmmm just saying
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horrible article. This puts the agents life at risk, and what are you even showing??? Them doing their jobs??
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ps…it was probably one drug mule
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oh and handcuffed! I dont think they hand cuff regular aliens, barely at all.
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The only person/persons who fear video/photographic images of them doing their duties is those who are not doing their jobs diligently, or legally, much like the cop caught on video tape baning a gal on his cruiser hood, had anyone accused him of it, with a video to prove it, it would be denied, and the accuser would be no doubt accused of some crime, having a grudge against law enforcement! No saints walk this earth, no cops, border agents, government officials are wearing any halos, just as many devils lurk in uniform as not!
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So a Border Patrol Agent, who have in the past had bounties put on their heads by the cartels, couldn’t possibly have a valid reason for not being filmed? It couldn’t possibly be for his family’s or his own safety? Also, I find it funny that the men that are removing the illegal aliens from your property are the ones that are demonized and labeled as “snooping” on your property. The anonymous alien that could steal from you or harm you and never be found, well he’s just a poor innocent alien, but the Agents are the ones “snooping”. You left wing nuts are all the same, jumping to sensationalized conclusion with no idea the circumstances of the incident.
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Hilarious. I especially like the part where she tries to make them feel guilty for having good benefits. But did she ever figure out who chewed up her underpants?
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This is Janet Napolitano for you. For all the complaining about the Right on these blogs check out her modus operandi: 1) See something, say something- just like what the Gestapo used to encourage/require, 2) No filming agents- just like in China and the old Soviet bloc, 3) Travelers have no expectation of, or right to privacy- just like the Nazis, Stalinists, Italians under Mussolini, Cubans, North Koreans, and modern Chinese. And just think, she got her start by wowing all you Southern AZ Progressives. I guess that shoe isn’t too comfortable when on the other foot, huh?
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the gun laws in this magnificent country have to be modified …. immediately.
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