Drunk Cinco de Mayo Reveler Tries to Record Cop on iPhone, Goes to Jail

Categories: Crime
joshua-mandel-boynton.jpg
PBSO
Joshua Mandel
Cinco de Mayo celebrations in Boynton Beach apparently got pretty crazy -- an officer states in the report below that "my working of the detail emphasized the bar area in which approximately 400 people were celebrating the Cinco de Mayo holiday and to which every officer in the city of Boynton Beach had to respond multiple times because of fights." A Boynton Beach police spokesperson says that roughly 12 officers responded to the area, and more may have been pulled off other details.

While officer Brent Joseph was standing on the north side of Bar Louie, he noticed 23-year-old Joshua Mandel standing about two feet away from him, recording with his iPhone. The light on the phone was on and pointed in the officer's direction. Joseph approached Mandel, telling him that it's illegal in Florida to record an officer's oral communications without his permission.
"Upon making contact with Mandel he smelled strongly of an alcoholic beverage and his eyes were red, bloodshot and he placed the camera approximately one inch from my nose," wrote Joseph in his report.

He continued, "I repeated multiple times reference the illegality of his use of the recording device without my consent to which Mandel began to repeatedly chant FIRST AMENDMENT RIGHTS causing a crowd to gather."

Joseph arrested Mandel for disorderly intoxication as well as "interception of oral communications," based on Florida State Statute 943.02, which calls for the punishment of anyone who "intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication" without consent. The law does not apply specifically to police officers.

The expanded legal definition of "oral communications" on the Florida books is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication."

The law does not apply to video footage, only to audio recordings.

When Mandel was booked, officers demanded that he hand over his iPhone as evidence, but he refused to provide them with the locking PIN code, so they were unable to access the phone and review the recorded footage.


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11 comments
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Nick
Nick

Its Deuce Bigelo!!

JSkool101
JSkool101

Not quite sure how you would run somebody up the flagpole for violating section 943.02 Florida Statutes:

943.02 Definitions.—For the purpose of this chapter: (1) “Department” means the Department of Law Enforcement.(2) “Executive director” means the executive director of the Department of Law Enforcement.History.—s. 2, ch. 74-386; s. 2, ch. 78-347.

Bovo
Bovo

This blog has shabby reporting I'm sure Its a typo or filler

CSMcDonald
CSMcDonald

And another lawsuit against the Boynton police for making up laws that don't exist in 3... 2....

Carlos Miller has this one written up as well (they have a pending suit for the last time they did this):http://www.pixiq.com/article/b...

JoshMandel
JoshMandel

This is bullshit. I have a constitutional right to record what is taking place in public by members of law enforcment. As soon as i get the phone out of my ass I am going to call the ACLU.

nanook5
nanook5

national lawyers guild is better...

Small Potatoes
Small Potatoes

Just goes to show you that the white man fucked the buffalo. He is proof of that.

EATME
EATME

your a ccuunnttt dude.

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