Jackson Free Press

Last month, a Mississippi Bureau of Narcotics officer confiscated a videotape of an interdiction from ACLU workers who had gathered outside their offices on Jefferson Street to observe the arrest, which was taking place in a parking lot across the street. Last week, an MBN officer and an attorney personally returned the tape after ACLU Staff Attorney John Williams wrote a letter to MBN's attorneys and deputy director, demanding that they return the tape within 10 days.

"I cited court cases where the First Amendment right to videotape police conduct, or to take notes, or just to be an observer during any type of police action is a constitutional right," Williams said. "I also cited other cases, which stated that citizens have a Fourth Amendment right against unreasonable seizures, which was basically the action taken by the MBN officers by confiscating the tape."

On Oct. 18, Sabir Abdul-Haqq, ACLU communication/IT/membership coordinator, heard sirens and grabbed his Sony Handycam to film the commotion. When an officer noticed Abdul-Haqq recording from across the street, he and three other officers hopped into their unmarked vehicles and abruptly pulled up onto the curb in front of the ACLU office.

While the three officers waited curbside in a gold Chevrolet Malibu, Abdul-Haqq said that "the main guy came out of the car (revealing his gun holster) … and was like, 'I want that camera.'"

Public Education Coordinator Brent Cox said that he and Legal Fellow Kristy Bennett asked for the officers' names, which they refused to give. They also asked under what law the officers were acting in demanding the video recording. "They became hostile when we started to ask them questions," Cox said.

Bennett said that the officer told them that there were undercover officers involved in the interdiction across the street and that he just wanted to protect his men.

But Cox and Bennett said they had no intention of publicizing the video. The recording was only for civic purposes to make sure that law enforcement officers are following good practice.

"If any rights violations occur, we have a document. And if anything should happen to the police, we also have that document. This works for the police, as well as the person that is being detained," Cox said.

Bennett said they handed over the tape to MBN officers in order to avoid more conflict, adding that the confiscating officer swore not to erase the tape.

Williams said the MBN and its officers were congenial in the aftermath of the seizure, adding that they returned the tape intact within a day of receiving the letter of demand.

MBN did not return calls to the Jackson Free Press by press time.