A New York state trooper told a driver recording a
traffic stop earlier this month that he’d “find a way for the DA’s
office to arrest you” if the driver posted the video to YouTube. The
driver, John Houghtaling, posted the video to YouTube on December 21st,
shortly after the traffic stop. The trooper, known as Officer
Rosenblatt, stated during the video that Houghtaling was stopped for a
loud exhaust. As Houghtaling recorded the interaction with the trooper,
Rosenblatt became increasingly defensive and angry, demanding numerous
times that Houghtaling put down the phone.
The video starts after Houghtaling has been pulled
over. The driver points out he does not know why he’s been stopped and
that he’s going to record the conversation with the officer. Once
Rosenblatt approaches the car, he requests Houghtaling to stop recording
the interaction. He also attempts to block the camera from seeing his
face. After about a minute of back and forth between the two, a clearly
perturbed Rosenblatt responds to a question from Houghtaling by saying,
“How about if I see this video posted to YouTube I find a way for the
DA’s office to arrest you?”
Throughout the traffic stop, Houghtaling repeatedly
asks if it is illegal to record the police or if he’s legally obligated
to answer a certain question. Rosenblatt reacted belligerently to all of
Houghtaling’s questions and told him on more than one occasion that if
he tells him to stop recording that he needs to stop. Beyond issuing the
threat of arrest through nefarious means, Rosenblatt seems to not be
aware of the actual law and instead feels the need to bully the driver
into full compliance with his orders.
Below is video of the stop, courtesy of Houghtaling’s YouTube page:
In this instance, it would seem like the officer
should face some kind of discipline, up to and possibly including
termination, for threatening to concoct an arrest just to get revenge on
the driver. It seems like Houghtaling is a bit of a provocateur and was
itching for a reaction from the police officer by being a bit
‘in-your-face’ with his recording of the stop. However, he was well
within his rights and police officers need to get used to citizens
recording traffic stops, arrests and other interactions.
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