In California, a Black man was shot on Tuesday in the San Diego-area of El Cajon, by police. The unidentified individual, who died sometime later at a nearby hospital, was having some sort of “episode” and police had been called to the scene by the victim’s sister. The police say they received a call of a man acting erratically and when they arrived to investigate, the victim pointed an object at them, then placed his hands in his pockets and refused their commands to show his hands:
Chief Jeff Davis said a video taken by a bystander showed the incident but that the department declined to release it at this time. He also declined to identify the object.
Davis said the man refused multiple instructions from an officer and “concealed his hands in his pockets.” He said the man “drew an object from his front pants pockets, placed both hands together on it and extended toward the officers.”
One officer fired a Taser and another fired rounds from his handgun. No weapon was recovered at the scene.
The shooting sparked protests in the San Diego County city, with friends of the man's family saying he suffers from a mental illness and did not pose a threat to the officers.
Multiple witnesses to the shooting dispute the police’s version of events. Many of those witnesses recorded the event as it unfolded on their cell phones but report that police officers confiscated their phones. The ACLU immediately put out a statement of concern regarding the actions of the police:
The ACLU of San Diego & Imperial Counties was concerned to learn of the shooting of a Black man by police officers in El Cajon earlier this afternoon.
It is too early to know many of the details of the actual shooting and what preceded it, and we hope that the El Cajon Police Department and the San Diego District Attorney provide the public with answers as quickly as possible, with transparency and accountability for all involved.
Unfortunately, there are disturbing reports from a number of witnesses that police officers confiscated cell phones from people who witnessed the shooting. Confiscating cell phones is a violation of the Fourth Amendment (unreasonable seizure without warrant or exigent circumstance) and the First Amendment (interference with the right to record in public) under the U.S. Constitution and analogous rights under the California Constitution. It is hard to see any kind of Fourth Amendment exigent circumstances at issue here.
The First Amendment issues are also significant, because by seizing phones, police would likely be preventing the dissemination of video captured by bystanders. The public has the right to film police in public places, and police officers may not confiscate or demand to view your digital photos or video without a warrant. Under no circumstances may police officers delete your photos or videos.
We will be paying close attention as the details of this situation unfold and our thoughts are with the family of the shooting victim.
CNN reports that about 200 protestors converged at the location of the shooting, a restaurant parking lot, and at police headquarters after a press conference was called regarding the shooting.
