Injunction on Hold - slashlegal.com

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Injunction on Hold Against Man Taping Police

February 16, 2006 - A small victory in court Thursday for a Valley man
who Reedley police say has been watching their every move.
Bernabe Santillan says he began taking pictures of officers when he
thought they were overstepping their rights.

If the injunction went through on Thursday, he and his wife say they're
were considering moving out of Reedley all together.

But it now appears the Reedley police will have a first amendment battle
in court if they want to regulate how close one "cop watcher" can get.

Three members of the Reedley Police Department Went to court to confront
the man they say is harassing officers on patrol.

But, the city is still waiting for an injunction to keep Bernabe
Santillan, a self-described "cop watcher," away from police.

Santillan used to be an officer himself, but he started videotaping
police after he says they abused him during an arrest last year.

Since then, Santillan's posted pictures of what he calls officer
misconduct on the internet.

Police say the pictures show nothing wrong and Santillan's getting in
the way of legitimate police work.

The lawyer for the police department said they're asking for an
injunction, "In the same way that a parade or any assembly might be
regulated to preserve the public peace."

Santillan's attorney, Charles Magill, insists there's more to it, "A
strategic lawsuit against public participation, which is exactly what
the city of Reedley was doing here. Trying to bring someone into court
to attack them and assault them about their first amendment right."

He says Santillan will respond with something called an "anti-slap
motion," which could force the city of Reedley to cover his legal bills.

Meantime, Santillan says he'll continue videotaping police, "I go out
there and I go on a traffic stop, I just video tape. 99% of the time
they do behave, but there's that 1% of the time they cross the line and
that's what I'm out there for."

Santillan's lawyer says he made an offer to settle the case with Reedley
police before court Thursday morning.

He was asking for $1,000 and a promise of no more restraining orders for
two years.

The city turned it down and both sides will be back in court next month.

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