Camera unlawfully taken by Ramsey County deputy: "If I end up on YouTube, I'm going to be upset" [VIDEO]

Categories: Police
andrew deputy Muellner rect.jpg
Muellner picture from Facebook
Andrew (left) wasn't acting illegally when his camera was seized by deputy Jackie Muellner (lower right).
A Little Canada man named Andrew has posted a video on YouTube showing him getting his camera unlawfully confiscated by Ramsey County Sheriff's Deputy Jackie Muellner on October 30.

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Andrew -- he doesn't disclose his last name -- says he was filming Muellner and another deputy loading a mentally disturbed and handcuffed man into the back of an ambulance outside his residential building when his camera was seized. He recorded audio of the incident with a separate recording device.

From the Photography is Not a Crime blog (emphasis mine):
"We'll just take this for evidence, and you can talk to an investigator," [Muellner] said before asking for [Andrew's] last name.

When [Andrew] points out that he had every right to video the incident... [Muellner] said, "If I end up on Youtube, I'm going to be upset."...

Adding insult to injury, Andrew was eventually charged with disorderly conduct and obstructing legal process, which is ironic, considering those are the exact charges Muellner should be facing along with theft charges.

It is not clear from the video when he was slapped with those charges because he recorded himself the following day entering the Ramsey County Sheriff's Office to retrieve his camera and a deputy, who also states he is a photographer, acknowledged that he had every right to record in public.
Two weeks later, armed with an audio recorder, Andrew returned to the Ramsey County Sheriff's Office in hopes of purchasing a copy of the incident report presumably exlaining why he was charged with two crimes. An Investigator Eggers tells Andrew a copy of the report isn't available, but says Deputy Muellner probably felt Andrew was being a "buttinski" by filming her and a colleague dealing with a man who was in the midst of a mental health crisis.

"It's a public place," Andrew tells Investigator Eggers. "It's totally legal to record in a public place."

Eggers doesn't deny Andrew was acting within his rights in filming the incident, but suggests he have a conversation with the city attorney.

"It's possible that this could be a stay of imposition, or [the city attorney could] agree to dismiss charges after like one year or something like that," Eggers says. "Something that would be a reasonable agreement amongst all parties involved."

In Andrew's video, which was just uploaded to YouTube yesterday, he vows to fight the charges.

Without further ado, here's the footage:



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14 comments
litlbitione
litlbitione

Fire Jackie Muellner.  How stupid.  If you are being good, you won't fear a film or another's presence. 

Billy Briggs
Billy Briggs

and police wonder why they get a bad rap...just sad.

crbullseye
crbullseye

Deputy Muellner probably got a promotion and a new set of knee pads!!!

Marc Spencer
Marc Spencer

he needs a good attorney. his civil rights were violated. due process was violiated. now he's getting the runarround from city hall. sue the city. sue the officer involved.

Dan Mason
Dan Mason

She sounds like a soccer mom don't cha know.

Brad Benson
Brad Benson

The cop needs to be charged with theft.

Faye Conway
Faye Conway

I agree with Miranda -- the charges should be dropped against Andrew and the office should be discipllined. All the office should be educated on the rights of bystanders.

Renee Larson
Renee Larson

This officer is using her authority poorly. I hope she is fired.

Miranda Lynne
Miranda Lynne

Yes the charges should be dropped. This is just ridiculous!!

Tom Fru
Tom Fru

No crime in being a Buttinski.

Noah Hanson
Noah Hanson

Where are the theft and filing a false complaint charges on the cop? Above the law...

Grant Hobgood
Grant Hobgood

Cops are legally allowed to be filmed, as per our nations laws.

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