Man arrested for taking picture of cop in his own home

A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission.

According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio.

The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn’t have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of “illegal photography” and arrested him.

Olvera was charged with “loud music” and “public intoxication” — the officer had seen a beer can on the kitchen table, the lawsuit asserts.

In January, Olvera was acquitted of all charges.

The lawsuit names Alderete, Sealy Police Chief John Tollett, and the city of Sealy. It alleges that Olvera was the victim of “unlawful search and seizure,” “unlawful arrest” and “malicious prosecution.”

The lawsuit further alleges that Alderete made a racist remark against Olvera during booking.

“Do you know what I tell Mexicans when they get loud?” the lawsuit alleges Alderete asked. “No chinges con migo pinche culero.” (“Don’t be f**king with me,” another officer translated,)

Olvera’s lawsuit seeks unspecified damages for his legal costs in the criminal trial; for “emotional distress” and punitive damages “as allowed by law.”

http://rawstory.com/rs/2010/0623/man-arrested-picture-cop-home/

I wear many hats but history, economics and political observance have always been a passion. I am a graduate of the University of Cincinnati College of Business with a degree in Information Systems and Digital Business with a minor in European History. I work for a small mom-and-pop IT consulting and software design company. We deal in servicing mostly government funded non-profit mental and behavioral health care agencies in the state of Ohio. In this I deal with Medicaid and Medicare funds and have a little insight on the boondoggles of government there. Thankfully the undemanding nature of my daily profession gives me ample time to read and stay aware of our current state of affairs which I find stranger than fiction in many instances. In addition to being in the IT field, I have also been self employed with a small contracting company so I might know a thing or two about the plight of small business that employs 71% of the American workforce. I however don't draw my knowledge from my day jobs, which I have had a few; I draw it from an intense obsession with facts and observation about the world in which I live. I do have formal education in things such as history, economics and finance particularly as it pertains to global issues, but I have come to find much of what I thought I knew from the formalities of a state university I had to unlearn through much time and independent research. I hope you enjoy what I bring you which is not often heard in the mainstream news outlets. I would like to think my own personal editorializing is not only edifying but thought provoking while not at all obnoxious. That last one may be a hard to achieve.

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