longislandlawyerblog.com
This case is a frightening example of what can happen when a photographer encounters ignorant bullies with badges. According to the complaint filed in Federal Court, Nancy Genovese, a mother of three, was driving home on County Road 31 past Gabreski Airport in Suffolk County. Gabreski Airport displays a decorative helicopter shell by the roadway to the public, which is visible to all who pass by.
Nancy Genovese stopped her car on the side of the road across the street from the airport in an area that is open and accessible to the public, and crossed over the road to the airport entryway that is also open and accessible to the public to take a picture of the helicopter display. While still in her car, she took a picture of the decorative helicopter shell with the intention of posting it on her personal “Support Our Troops” web page.
As Nancy Genovese was preparing to drive away, she was stopped and approached by Robert Iberger, a lieutenant with the Southampton Town Police. Lieutenant Iberger demanded to know why she was taking photographs. Nancy showed the lieutenant her camera, but Lieutenant Iberger grabbed her camera and handled it “without care”. In an attempt to prevent the lieutenant from damaging the camera, Nancy removed her memory card, which Lieutenant Iberger confiscated. To date, Nancy’s memory card still has not been returned to her.
Lieutenant Iberger demanded that Nancy remain where she is, and he refused to allow her to leave. At this time, Lieutenant Iberger notified the Suffolk County Sheriff’s Office and the authorities at Gabreski Airport of Nancy’s presence outside the airport, and falsely and wrongfully informed them that she posed a terrorist threat.
Suffolk County Deputy Sheriff Robert Carlock responded to the scene, along with various members of the Suffolk County Sheriff’s Office. When Deputy Carlock arrived, he placed cameras on the roof of his vehicle, aimed at Nancy Genovese and her 18 and 20 year old sons who had come to the scene at this point to help their mother. Deputy Carlock ordered all three of them to stand directly in front of the cameras, and not to move.
Officials from the airport, as well as other local and federal law enforcement agencies also responded, including, without limitation, the Southampton Police Department, the Westhampton Police Department, the FBI, and the Department of Homeland Security. Nancy was questioned on the side of the road for approximately five to six hours, from about 6pm until midnight, denied food or water, and denied the opportunity to use a restroom, all without having received any warnings as to her rights.
Full article HERE
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