NBC10 – July 26, 2006:

A Philadelphia family said they are outraged over the arrest of one of their family members.

The family of Neftaly Cruz said police had no right to come onto their property and arrest their 21-year-old son simply because he was using his cell phone’s camera. They told their story to Harry Hairston and the NBC 10 Investigators.

Cruz said that when he heard a commotion, he walked out of his back door with his cell phone to see what was happening. He said that when he saw the street lined with police cars, he decided to take a picture of the scene.

“I opened (the phone) and took a shot,” Cruz said.

Moments later, Cruz said he got the shock of his life when an officer came to his back yard gate.

“He opened the gate and took me by my right hand,” Cruz said.

Cruz said the officer threw him onto a police car, cuffed him and took him to jail.

“He opened up the gate and Neffy was coming down and he went up to Neffy, pulled him down, had Neffy on the car and was telling him, ‘You should have just went in the house and minded your own business instead of trying to take pictures off your picture phone,'” said Gerrell Martin.

And this part makes NO sense…

Police also denied that they told Cruze he was breaking the law with his cell phone.

If they admit he wasn’t breaking the law, exactly why did they arrest him? We previously covered a similar incident from New Hampshire.



  1. Olo Baggins of Bywater says:

    He needs a good lawyer, asap.

  2. Smartalix says:

    How dare he question the authority of the police! He should shut up and be glad he lives in a free country, no matter how few of those freedoms remain.

  3. Chris says:

    You’re crazy im not going to defend the actions of the police in this instance but to try and claim that in the US you have very few remaining freedoms is the most stupid thing ive ever heard. You obvioulsy get your political opinions from MTV if you really think you can make any comparison of our freedoms to those of people living in the Middle East, Africa, China, North Korea and thats just to name a few. Get a clue, grow up and next time you want to post ask yourself “is my thought so stupid that its liable to offend anyone with half a brain?” If the answer is yes, again, please refrain from posting.

  4. Smartalix says:

    I’m sorry you only have half a brain.

    I am not comparing the US to any other country. I’m comparing the US of pre-9/11 to the post-9/11 US.

    If you don’t think our rights are being marginalized right under our noses, you haven’t been paying much attention.

    Next time, why not address the comment instead of the person making it?

  5. Get a room you two.

    Oh, and I do not think this is new. The cops have always objected to being documented like this. I don’t blame them. My advice, take pics secretly then give them to the DA and hopefully a Grand Jury if there is something amiss. Even before 9/11 I can assure you that sticking a camera in a cops face during a traffic pullover would get a negative reaction by the cop. Try it!

    If the local DA won’t take photographic documentation of misconduct then go to the State Attorney General then the FBI and target the local DA as the bad guy. I’d make a federal case out of this particular Philly situation for sure. Sounds like a lawsuit waiting to happen. This is just a dipshit cop breaking the law himself and abusing power — if the story is true as reported. I’m guessing the kid get $25,000 just to drop it.

  6. lou says:

    without getting into specifics of this situation, a broader question might be do the police (and other work-in-public employees) have any rights to not be under surveilance when they do their jobs

    There are many on this forum that would be against employers using key and screen loggers, posting cameras above every desk, taping every phone call, but it does beg the question as to when “employee privacy” is given up, and I don’t think it need to be as simple as if it’s on public property (ie: outside) its OK, and if on private property, it’s not.

    That being said, monitoring of public police activity should definitely be in bounds in most situations (unless it poses a public threat, like to hostages, etc.). And in this particular case, it sounds like a major miscarrage of law enforcement.

  7. John Scott says:

    Yacov Smirnov was heard to remark “In Soviet Union when you take a picture of the police… oh no my routine is truely dead now.”

  8. Olo Baggins of Bywater says:

    Oh, and what are the chances the supervisor was gone? LOL, he probably ran when he heard what his guys brought in.

  9. I spoke with a lawyer friend off the record about this and she stated there is no legal basis for saying you can not photograph something seen in Public in a Public place. Note that a theme park or some such like that isn’t a public place, its a private place. As far as she was concerned though this was completely baseless.

  10. Curt Fields says:

    Would they do this to a professional photographer. One who takes independent photos and sells them to news agencies?

  11. Roc Rizzo says:

    Achtung
    Velcome to the United States off Amerika

    Ve vill not disobey der polize. Ze polize are ze law, und ve vill not breaken ze law. Zis ist un post 9/11 verld, vere ve must haff no freedom vatsoever.

    Heil Bush

  12. Andy says:

    A know this has happended to some professional photographers. Too bad, the police ended up with a multi-million dollar loss.

  13. ken ehrman says:

    if this was in south philly, it might have been crooked cops covering something up. the mob is still pretty active down there.

  14. Dan says:

    Shut up and get in the car!

  15. Sam Foley says:

    Just emailed this to everyone on my email list, (the actual linked articled from the phila TV station). Suggest everyone do the same. The more often insane stories like this happen and the outrage builds, the better for all.

    99% of cops are great. Truly.
    Recently was involved in a car accident, and was damn glad to see that black/white pull up to help.

  16. Mr. H. Fusion says:

    Get a clue, grow up and next time you want to post ask yourself “is my thought so stupid that its liable to offend anyone with half a brain?” If the answer is yes, again, please refrain from posting.
    Comment by Chris — 7/31/2006 @ 9:31 am

    chris, do you ever heed your own advice?

    My advice to chris, Put brain in gear before engaging mouth

  17. Mr. H. Fusion says:

    I said it before and I’ll say it again. Stupid actions like this end up costing the Police Department money. Between the lawyers, the time spent investigating, court costs, and the payout, it all adds up. Then there is the loss of good will and community trust that will be felt through out the whole neighborhood.

    While he wasn’t assaulted, he could be looking at enough to pay for a cop’s yearly salary. So next time the Philadelphia Police claim they are undermanned, remember this is just one instance of why.

  18. ivor biggun says:

    “The way I see it, unless we each conform, unless we obey orders, unless we follow our leaders blindly, there is no possible way we can remain free.” – Frank Burns, MASH, Episode: The Novocaine Mutiny

  19. doug says:

    as it turns out, the producers of the ‘Police Academy’ movies have a copyright on all law-enforcement-related imagery, and this guy was violating the DMCA.

  20. joshua says:

    I always have a tendency to wait for the other shoe to drop on these *cop abuse* stories. If what happened according to the victim, did happen, then he should sue away….make them hurt, maybe they will learn from it.

    John is right though Smartalix, cops have been anti-picture/video since the Rodney King fiasco way back. Has very little if anything to do with 9/11 or loss of freedoms.

  21. Well Thats one of the problems photographers face. Security gaurds and cops are ignorant to the law.

    Public Property
    You are allowed to take pictures of a cops. PERIOD!.
    You are not allowed to enter a crime scene with out proper id and permision however you can shoot the crime scene from outside.

    Some cops do not like having thier picture taken, so why push your luck.

    Hey Keep in mind big brother has cameras taking your our pictures in public on street corners in every city.

  22. Smartalix says:

    Joshua,

    Pre-9/11, cops didn’t like getting their pictures taken.

    Post-9/11, now they arrest you for “security reasons”.

  23. OhForTheLoveOf says:

    #22 Some cops do not like having thier picture taken, so why push your luck.

    Comment by Richard Brill — 8/1/2006 @ 1:59 am

    Because authority is for pushing…

  24. joshua says:

    #23…Smartalix….I still don’t think it has much to do with 9/11 as much as just normal big city cop behavior. Though the terminology is new.

  25. jR says:

    Sorry, I could care 2cents about this article, it’s the picture of N.Cruz that’s getting me all horned up. Wow. What a hot and fine ass man!


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