Académique Documents
Professionnel Documents
Culture Documents
EXHIBIT B
EXHIBIT C
EXHIBIT D
PAGE #
ORI NUMBER
TX0575300
TEXAS
INCIDENT REPORT
INCIDENT NUMBER
INTERNAL INCIDENT
STATUS:
(A) Active
DTC15000460
DATE(S) OF INCIDE
AGENCY NAME
01/30/2015
TIME(S) OF INCIDEN
DAY(S) OF INCIDEN
14:56 - 15:10
Friday
DISPATCHER
TIME RECEIVED
TIME ARRIVED
15:15
15:27
UCR CODE
OFFENSE STATUS:
(A) Attempt
90Z
OFFENDER USED:
(C) Complet
(A) Alcoh
(I) Inactive
(U) Unfounded
REPORTING AREA
STATUTE
ADDRESS OF OFFENS
28.07
VICTIM #
NAME:
(90) Other
(12) Handgun
(95) Unknown
(13) Rifle
(99) None
(60) Explosives
(N) None/Unknown
(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation
First,
Middle
DRIVER'S LICENS
DATE OF BIRT
CONTROL, RAIL
RESIDENT ADDRES
Street
City
State
ZIP
RESIDENT PHONE
EMPLOYMENT PHON
SEX:
(M) Male
(F) Female
ETHNIC:
(H) Hispani
RACE:
(W) Whi
(B) Blac
Last,
No
(14) Shotgun
(B) Buying
(C) Cultivate/Manufacture/Publis
(D) Distributing/Selling
(E) Exploiting Children
(O) Operating/Promoting/Assisti
(P) Possessing/Concealing
(T) Transport/Transmit/Import
(U) Using/Consuming
Yes
(13) Highway/Road/Alley
(14) Hotel/Motel/Etc.
(15) Jail/Penitentiary
(16) Lake/Waterway
(17) Liquor Store
(18) Parking Lot/Garage
(19) Rental/Storage Facility
(20) Residence/Home
(21) Restaurant
(22) School/College
(23) Service/Gas Station
(24) Specialty Store (TV,Fur,
(25) Other/Unknown
Evenings
OFFENSE DESCRIPTIO
LOCATION COD (Enter 1
EXCEPTIONAL
CLEARANCE STATUS:
(A) Death of the Offende
(N) Nonhispani
(I) American Indi
(A) Asian/Pacific Isla
RES. STATUS:
(R) Residen
(N) Nonresid
VICTIM TYPE:
(G) Governme
(I) Individua
(R) Religiou
(U) Unknow
(U) Unkno
(U) Unkno
(U) Unknow
AGE:
Exact Ag
Range
/
(NN) Under 24 Hrs. Ol
(NB) 1-6 Days Old
(BB) 7-364 Days Old
(99) Over 98 Yrs. Old
(00) Unknown
(B) Busines
(F) Financial Instituti
(S) Society/Pub
(O) Other
(U) Unknow
01/30/2015
Fri
14:56
155
265
02/01/2015
INCIDENT REPORT
PAGE #
DATE
INCIDENT NUMBE
01/30/2015
DTC15000460
ARRESTEE #
NAME
OFFENDER #
ORI# ("B")
TX0575300
Last,
REPORTING OFFICE
CODE #
First,
155
Middle,
VICTIM NAME
CONTROL, RAIL
AKA
City
State
RESIDENT PHONE
DATE OF BIRTH
Zip
75225
EMPLOYMENT/SCHOOL PHO
OCCUPATION
DRIVER'S LICENS
SSN
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multiple
(Max. (Place "A" in blank if auto
54
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(16)
(01)
Unarme
AGE RANG
to
DISPOSITION
OF
JUVENILE:
Illegal
(11)
Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
(H) Handled within Depart
Cutting
(12) Handgu
(A) Asian/Pacific Islan
(U) Unknow
(00) Unknow
(R) Referred outside Depar
Instr.
(13) Rifle
(17) Club
RES. STATUS:
(R) Reside UCR ARR. COD OFFENSE NAME
ARREST DATE ARREST TRANSACT
/
(14) Shotgu
(15) Other Firear Blackjac
(N) Nonre
(U) Unkno
#
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ARREST LOCATION
PLACE OF EMPLOYME
ERICKSON
5'10"
165
THN - Thin
BRO - Brown
ARRESTEE #
NAME
OFFENDER #
Last,
OTH - Other
First,
BRO - Brown
Middle,
AKA
DONIS, GERADO
2
City
State
RESIDENT PHONE
EMPLOYMENT/SCHOOL PHO
DATE OF BIRTH
Zip
75013
DRIVER'S LICENS
SSN
(214) 641-4432
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multi
(Max. (Place "A" in blank if auto
44
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(01)
Unarme
(16)
AGE RANG
to
DISPOSITION OF JUVENILE:
Illegal
(11) Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
(H) Handled within Depart
Cutting
(12) Handgu
(A) Asian/Pacific Islan
(U) Unknow
(00) Unknow
(R) Referred outside Depar
Instr.
(13) Rifle
(17) Club
RES. STATUS:
(R) Reside UCR ARR. COD OFFENSE NAME
ARREST DATE ARREST TRANSACT
/
(14) Shotgu
(15) Other Firear Blackjac
#
(N) Nonre
(U) Unkno
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ARREST LOCATION
OCCUPATION
PLACE OF EMPLOYME
ERICKSON
5'10"
165
BLK - Black
CRL - Curly
SRT - Short
INCIDENT REPORT
PAGE #
3
YEAR
DATE
INCIDENT #
01/30/2015 DTC15000460
MAKE
REPORTING OFFICER
CODE #
155
MODEL
STYLE
OWNER'S NAME
LICENSE NUMBER
SECOND COLOR
MAKE
MODEL
STYLE
OWNER'S NAME
DISPOSITION OF RECOVER
(I) Impounde
(R) Released To Own
VIN
LICENSE NUMBER
SECOND COLOR
QTY.
STATE
PROPERTY LOSS:
(1) None
PROPERTY DESCRIPTIO
(01) Aircraft
(02) Alcohol
(03) Automobiles
(04) Bicycles
(05) Buses
(06) Cloths/Furs
(07) Computer Hardware/
Software
(08) Consumable Goods
(09) Credit Cards/Debit C
(10) Drugs/Narcotics
DISPOSITION OF RECOVER
(I) Impounde
(R) Released To Own
(2) Burned
(3) Counterfeited/Forged
(4) Damaged/Destroyed/Vandalized
(21) Negotiable Instruments
(22) Nonnegotiable Instruments
(23) Office-Type Equipment
(24) Other Motor Vehicles
(25) Purses/Handbags/Wallets
(26) Radios/TVs/VCRs
(27) Recordings-Audio/Visual
(28) Recreational Vehicles
(29) Structures-Single Occupanc
(30) Structures-Other Dwellings
(31) Structures-Commercial/Busi
OWNER
(D) Heroin
(E) Marijuana
(F) Morphine
Last,
(G) Opium
(H) Other Narcoti
(I) LSD
First,
City
(J) PSP
(K) Other
Hallucinogens
(L) Amphetamines/
Methamphetamine
s
Middl
(5) Recovered
State
Zip
RECOV. DATE
(6) Seized
(7) Stolen, et
(32) Structures-Industrial/Manufact
(33) Structures-Public/Community
(34) Structures-Storage
(35) Structures-Other
(36) Tools-Power/Hand
(37) Trucks
(38) Vehicle Parts/Accessories
(39) Watercraft
(77) Other
(88) Pending Inventory (of Propert
(99) Special Category
DRUG MEASUREME
ITEM VALUE
DRUG TYPE:
NAME:
STATE
ADDRESS
TOP/SOLID COLOR
DRUG TYPE
CONTROL, RAIL
VIN
ADDRESS
TOP/SOLID COLOR
YEAR
VICTIM NAME
SEX:
(M) Male
(F) Femal
(U) Unk.
UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants
AGE:
(00) Unkno
RACE
(W) Whi
(B) Blac
(I) American India
(A) Asian/Pacific Islan
(U) Unkno
CONFIDENTIAL SUPPLEMENT
PAGE #
4
NAME:
DATE
INCIDENT NUMBER
REPORTING OFFICER
01/30/2015
DTC15000460
Last,
First,
RESIDENT ADDRESS:Street
NAME:
State
First,
RESIDENT ADDRESS:Street
155
Zip
State
CONTROL, RAIL
RESIDENT PHONE
EMPL. PHONE
SEX:
(U) Unk AGE:
(M) Male
(00) Unkno
(F) Female
RESIDENT PHONE
EMPL. PHONE
Middle
City
VICTIM NAME
Middle
City
Last,
CODE #
Zip
RACE:
(U) Unk.
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
RACE:
(U) Unk.
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
NARRATIVE:
On Friday, 01/30/2015 at approximately, 14:56 p.m. Officer W. Walston #155 was dipatched to the
100 block of Exposition @ 3400 Elm Street Dallas, Texas Dallas County in reference to subjects in
the right of way of DART tracks.
Upon arrival Walston met with two males who were flying a
his tripod in a parking area next to the DART tracks causing the train to do a "Stop and Proceed"
due to the subjects being so close to the tracks.
license.
First subject was (Hise, Clark Alan W/M D.O.B. 0
D.O.B. 1
) Both subjects were checked through DART Police Dispatch and were clear.
Subjects were told to take down the tripod and the drone and leave the location due to Interfering
with DART railroad.
NFI
PAGE #
ORI NUMBER
TX0575300
TEXAS
INCIDENT REPORT
INCIDENT NUMBER
INTERNAL INCIDENT
STATUS:
(A) Active
DTC16000489
DATE(S) OF INCIDE
AGENCY NAME
02/09/2016
TIME(S) OF INCIDEN
DAY(S) OF INCIDEN
19:46 - 20:20
Tuesday
DISPATCHER
TIME RECEIVED
TIME ARRIVED
19:46
19:46
UCR CODE
OFFENSE STATUS:
(A) Attempt
90Z
OFFENDER USED:
(C) Complet
(A) Alcoh
EXCEPTIONAL
CLEARANCE STATUS:
(A) Death of the Offende
(I) Inactive
(U) Unfounded
REPORTING AREA
Evenings
(N) Not Applicab
Yes
OFFENSE DESCRIPTIO
STATUTE
ADDRESS OF OFFENS
Code Conduct
NAME:
(95) Unknown
(13) Rifle
(99) None
(60) Explosives
(N) None/Unknown
(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation
First,
Middle
DRIVER'S LICENS
DATE OF BIRT
RESIDENT ADDRES
Street
City
State
ZIP
75202
OCCUPATION
RESIDENT PHONE
(214) 749-5900
EMPLOYMENT PHON
SEX:
(M) Male
(F) Female
ETHNIC:
(H) Hispani
RACE:
(W) Whi
(B) Blac
(90) Other
(12) Handgun
Last,
(14) Shotgun
(B) Buying
(C) Cultivate/Manufacture/Publis
(D) Distributing/Selling
(E) Exploiting Children
(O) Operating/Promoting/Assisti
(P) Possessing/Concealing
(T) Transport/Transmit/Import
(U) Using/Consuming
VICTIM #
(13) Highway/Road/Alley
(14) Hotel/Motel/Etc.
(15) Jail/Penitentiary
(16) Lake/Waterway
(17) Liquor Store
(18) Parking Lot/Garage
(19) Rental/Storage Facility
(20) Residence/Home
(21) Restaurant
(22) School/College
(23) Service/Gas Station
(24) Specialty Store (TV,Fur,
(25) Other/Unknown
No
(N) Nonhispani
(I) American Indi
(A) Asian/Pacific Isla
RES. STATUS:
(R) Residen
(N) Nonresid
VICTIM TYPE:
(G) Governme
(I) Individua
(R) Religiou
(U) Unknow
(U) Unkno
(U) Unkno
(U) Unknow
AGE:
Exact Ag
Range
/
(NN) Under 24 Hrs. Ol
(NB) 1-6 Days Old
(BB) 7-364 Days Old
(99) Over 98 Yrs. Old
(00) Unknown
(B) Busines
(F) Financial Instituti
(S) Society/Pub
(O) Other
(U) Unknow
02/09/2016
Tue
19:46
331
306
02/10/2016
INCIDENT REPORT
PAGE #
DATE
INCIDENT NUMBE
02/09/2016
DTC16000489
ARRESTEE #
NAME
OFFENDER #
ORI# ("B")
TX0575300
Last,
REPORTING OFFICE
CODE #
First,
331
Middle,
VICTIM NAME
City
State
RESIDENT PHONE
DATE OF BIRTH
75202
EMPLOYMENT/SCHOOL PHO
ARREST LOCATION
Zip
SSN
10694192
TX
165-46-1684
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multiple
(Max. (Place "A" in blank if auto
59
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(16)
(01)
Unarme
AGE RANG
to
DISPOSITION
OF
JUVENILE:
Illegal
(11)
Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
(H) Handled within Depart
Cutting
(12) Handgu
(A) Asian/Pacific Islan
(U) Unknow
(00) Unknow
(R) Referred outside Depar
Instr.
(13) Rifle
(17) Club
RES. STATUS:
(R) Reside UCR ARR. COD OFFENSE NAME
ARREST DATE ARREST TRANSACT
/
(14) Shotgu
(15) Other Firear Blackjac
(N) Nonre
(U) Unkno
#
k / Brass
HEIGHT WEIGHT BUILD
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
5'03"
190
ARRESTEE #
OCCUPATION
04/10/1956
DRIVER'S LICENS
MED - Medium
NAME
PLACE OF EMPLOYME
Last,
First,
BLD - Bald(ing)
Middle,
BRO - Brown
RUD - Ruddy
AKA
OFFENDER #
City
State
EMPLOYMENT/SCHOOL PHO
DATE OF BIRTH
75202
04/10/1956
DRIVER'S LICENS
SSN
10694192
TX
165-46-1684
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
Evenings
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multi
(Max. (Place "A" in blank if auto
59
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(01)
Unarme
(16)
AGE RANG
to
DISPOSITION OF JUVENILE:
Illegal
(11) Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
(H) Handled within Depart
Cutting
(12) Handgu
(A) Asian/Pacific Islan
(U) Unknow
(00) Unknow
(R) Referred outside Depar
Instr.
(13) Rifle
(17) Club
RES. STATUS:
(R) Reside UCR ARR. COD OFFENSE NAME
ARREST DATE ARREST TRANSACT
/
(14) Shotgu
(15) Other Firear Blackjac
# DTC16000489
(N) Nonre
(U) Unkno 90J
Criminal Trespass
2/10/2016
k / Brass
HEIGHT WEIGHT BUILD
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
5'03"
190
OCCUPATION
Zip
MED - Medium
PLACE OF EMPLOYME
BLD - Bald(ing)
BRO - Brown
RUD - Ruddy
INCIDENT REPORT
PAGE #
3
YEAR
DATE
INCIDENT #
REPORTING OFFICER
02/09/2016 DTC16000489
MAKE
MODEL
VIN
LICENSE NUMBER
SECOND COLOR
MAKE
MODEL
STYLE
OWNER'S NAME
DISPOSITION OF RECOVER
(I) Impounde
(R) Released To Own
VIN
LICENSE NUMBER
STATE
ADDRESS
TOP/SOLID COLOR
SECOND COLOR
QTY.
PROPERTY LOSS:
(1) None
PROPERTY DESCRIPTIO
(01) Aircraft
(02) Alcohol
(03) Automobiles
(04) Bicycles
(05) Buses
(06) Cloths/Furs
(07) Computer Hardware/
Software
(08) Consumable Goods
(09) Credit Cards/Debit C
(10) Drugs/Narcotics
DISPOSITION OF RECOVER
(I) Impounde
(R) Released To Own
(2) Burned
(3) Counterfeited/Forged
(4) Damaged/Destroyed/Vandalized
(21) Negotiable Instruments
(22) Nonnegotiable Instruments
(23) Office-Type Equipment
(24) Other Motor Vehicles
(25) Purses/Handbags/Wallets
(26) Radios/TVs/VCRs
(27) Recordings-Audio/Visual
(28) Recreational Vehicles
(29) Structures-Single Occupanc
(30) Structures-Other Dwellings
(31) Structures-Commercial/Busi
OWNER
(D) Heroin
(E) Marijuana
(F) Morphine
Last,
(G) Opium
(H) Other Narcoti
(I) LSD
First,
City
(J) PSP
(K) Other
Hallucinogens
(L) Amphetamines/
Methamphetamine
s
Middl
(5) Recovered
State
Zip
RECOV. DATE
(6) Seized
(7) Stolen, et
(32) Structures-Industrial/Manufact
(33) Structures-Public/Community
(34) Structures-Storage
(35) Structures-Other
(36) Tools-Power/Hand
(37) Trucks
(38) Vehicle Parts/Accessories
(39) Watercraft
(77) Other
(88) Pending Inventory (of Propert
(99) Special Category
DRUG MEASUREME
ITEM VALUE
DRUG TYPE:
NAME:
STATE
ADDRESS
TOP/SOLID COLOR
DRUG TYPE
VICTIM NAME
331
STYLE
OWNER'S NAME
YEAR
CODE #
SEX:
(M) Male
(F) Femal
(U) Unk.
UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants
AGE:
(00) Unkno
RACE
(W) Whi
(B) Blac
(I) American India
(A) Asian/Pacific Islan
(U) Unkno
CONFIDENTIAL SUPPLEMENT
PAGE #
4
NAME:
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
Last,
First,
RESIDENT ADDRESS:Street
NAME:
Last,
RESIDENT ADDRESS:Street
CODE #
331
State
First,
Zip
RESIDENT PHONE
State
EMPL. PHONE
SEX:
(U) Unk AGE:
(M) Male
(00) Unkno
(F) Female
RESIDENT PHONE
EMPL. PHONE
Middle
City
Middle
City
VICTIM NAME
Zip
(U) Unk.
RACE:
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
RACE:
(U) Unk.
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
NARRATIVE:
On February 9, 2016 at approximately 7:46 p.m. Officers S. Branch #331, E. Cannon #428 and R.
Craig #411 were at DART Rosa Parks Plaza Bus Station located on 901 Elm Dallas County, Dallas,
Texas regarding a white male passed out on K2 drug and needing medical treatment. Dallas Fire and
Rescue #28 arrived and were treating the white male for
K2.
the passed out white male. DFD #28 was treating the white male suject.
camera was later identified as Adelman, Avi, date of birth 4-10-1956. Adelman kept walking around
the scene trying to get closer photo shots of the medical scene. DFD #28 fire fighters and Captain
stated, " Hey guys that man is taking pictures and moving too close, beware. Keep him back and
away from the our scene as we try to treat this man!"
Branch asked, "Sir please stay back so the fire fighters can help this man. Sir do not take
pictures of DFD treating the victim give him some respect
a right to be here and you cant not make me move. Do not touch me and I am not leaving. Call the
sergeant and chief cause I am not moving or leaving! I
Branch informed Adelman, "You can not keep getting close to the
medical scene you will be seen as interfering as they try to help the person."
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
CODE #
331
VICTIM NAME
NARRATIVE:
Adelman stated, "I dont have to move anywhere. I am on City of Dallas property. I do not give a
damn about you or that man! Call you sergeant now!" Adelman continued to yell, taking more
pictures and causing a scene. Adelman continued to draw attention away from DFD #28 medical
treatment and repeatly yell at Officers and DFD #28 fire fighters. Adelman continued to make close
circles around DFD #28 medical unit as they tried to wake the white male up on the ground. Adelman
yelled at officers and DFD #28 medical unit on the scene and continued to advance closer for
closer pictures.
Branch continued to warn Adelman that he is making the DFD #28 uncomfortable with moving closer
for pictures and not letting them treat the white male in peace. Branch stated to Adelman, "Sir
you are interfering with way they perform their duties to help a person by run up on them taking
pictures. You
can not run up and take pictures which will interfere with this man's right to
treatment. You are interfering in medical treatment. Stop moving too close to the DFD #28 medical
scene.
One unknown passenger was at the bus stop looking at Adelman's behavior and actions stated, "Hey
man move so they can help that man!"
Branch asked Adelman several times, "Leave the area and medical scene. Sir please get back. Please
leave. Sir please leave the location and leave the medical scene. Sir please stop taking pictures
you are too close to the medical scene. Sir you are interfering with DFD giving treatment.
Sir
are you using DART buses or trains?" Adelman stated several times, " I am not leaving and I will
not stop taking pictures. That man or you do not have any rights to not have me take his picture.
Hippa does not apply to me or him. He is no one!"
Branch called for Dallas Police Officers to the location for the K2 white male passed out and
other Officers Assistance.
Cannon and Craig were still assisting DFD #28 with the white male that was being combative after
being passed out.
Adelman continued to get close again to the medical scene and get close up pictures of the white
male receiving medical treatment. Adelman please step back and you moving closer to the medical
scene is interfering with medical treatment.
Branch made several demands for Adelman to step back away from DFD #28 unit medical scene and stop
interfering with picture taking. Its was interfering with DFD #28 unit giving the white male
medical treatment with feeling threatened by the sudden closeness of Adelman.
Branch informed Sergeant T. Hutchins #179 and H. Hutchins #306 of the situation with Adelman by
cell phone. Adelman made another attempt to get a close up picture of the medical scene. Branch
tried to detain Adelman using a wrist restrain and Adelman resisted the detention. Branch
continued to try to hand cuff Adelman's left wrist. The detention of Adelman was completed with
help of DART Police Officer D. Flemings #427. Adelman was handcuffed double locked for safety.
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
CODE #
VICTIM NAME
331
NARRATIVE:
H. Hutchins and T. Hutchins arrived on the scene and explained to Adelman that his refusal to
leave DART Property and continuing to advance towards the medical scene was interfering and
criminal trespassing.
property. H. Hutchins informed Adelman that he did have the right to take pictures but when he
interferes in the direct treatment of anyone needing or getting treatment it is against the law.
H. Hutchins asked Adelman if Branch asked him to leave the location.
Adelman stated, "Yes the officer told me stop and leave. But I have a right to be in or on public
place to take pictures. It is my right."
H. Hutchins informed Adelman again that Rosa Park Plaza was DART's Property and rights to remain
or stay on the property can be issued and taken away for disruptive behavior. These rights to
remain or stay on DART's Property can be taken away for law violations.
H. Hutchins informed Adelman he received several verbal warnings to stop interfering and to leave
DART's Rosa Parks Plaza by Branch and refused. Which Adelman would be going to jail under arrest
for Texas Penal Code Criminal Trespass, Class B misdemeanor. Branch informed Adelman he also
violated DART's Code Of Conduct 2.02 (a)4. Engaging in disruptive or disturbing behavior,
including loud conversation, profanity or rude insults. 15. Using a DART facility or property for
non transportation related purposes without authorization.
Adelman delayed the treatment to the white male by his conitnuing to interfere with their duties.
Adelman continued to interfere with the direct medical treatment of the white male by continuing
to advance really close to DFD #28 fire fighter unit as they treated the white male. Adelman
continued to interfere by stepping really close medical scene to yell at DFD and Branch then
snapping pictures.
Branch wrote a DART Criminal Trespass warning for Adelman under DART Police Service #DTC16000489.
Branch explained to Adelman he would be under arrest for violating a verbal trespass warning at
DART Rosa Parks Plaza
several times, stop interfering with medical treatment and being a public nuisance. Branch wrote
"unable to sign, in custody" in the signature part for Adelman.
CONTINUATION PAGE
PAGE #
DATE
INCIDENT #
REPORTING OFFICER
02/09/2016 DTC16000489
CODE #
331
VICTIM NAME
Offense(s)
OFFENSE #
UCR CODE
90J
OFFENSE STATUS:
(A) Attempt
OFFENDER USED:
(C) Complet
(A) Alcoh
Yes
OFFENSE DESCRIPTION
STATUTE
ADDRESS OF OFFE
Criminal Trespass
30.05
(13) Highway/Road/Alley
(14) Hotel/Motel/Etc.
(15) Jail/Penitentiary
(16) Lake/Waterway
(17) Liquor Store
(18) Parking Lot/Garage
(19) Rental/Storage Facility
(20) Residence/Home
(21) Restaurant
(22) School/College
(23) Service/Gas Station
(24) Specialty Store (TV,Fur,
(25) Other/Unknown
TYPE GANG ACTIVITY:(Max. 3
(90) Other
(12) Handgun
(95) Unknown
(13) Rifle
(99) None
(14) Shotgun
(15) Other Firearm
(20) Knife/Cutting Instru. (Ax, etc
(30) Blunt Object (Club, etc.)
(35) Motor Vehicle (As weapon)
(40) Personal Weapons (Hands,
(50) Poison
(60) Explosives
(N) None/Unknown
(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation
BIAS MOTIVATED CRIME:
No
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
Photographer and First Amendment activist Avi Adelman was arrested and charged with criminal trespassing shortly after
taking this picture.
Four decades ago, when he was 16, Philadelphia police wrote Avi
Adelman a ticket for violating curfew. In all the time he's spent chasing
cop cars and ambulances with his camera, in his quarter century as the
Barking Dog of Lower Greenville, in the 59.85 years he's spent being Avi
Adelman, that was the closest he'd ever been to the inside of a jail cell
until Tuesday night.
The evening started out innocently enough. Adelman's wife was at a meeting at their daughter's
school, which left Adelman to take care of dinner. The plan was that she'd text him when she was
preparing to leave, at which point he'd buy tacos from Fuel City on Riverfront Boulevard. That
way, the food would still be hot when they rendezvoused back at their home in East Dallas.
Adelman arrived downtown with about an hour to kill, so he put in his earpiece and turned on a
police scanner. Adelman is a semi-professional crime buff. Since 2008 he's run Daily Crime
Report, which sorts Dallas police crime reports by neighborhood. He's been an enthusiastic
photographer of crime scenes for even longer, snapping pictures of problem drunks and public
urinators on Lower Greenville Avenue for BarkingDogs.org. He has since intensied his efforts,
routinely listening in on the police scanner and chasing down train wrecks, K2 overdoses and
weed busts. Adelman's repeated encounters with camera-shy rst responders have led to his
unlikely emergence as a quasi-respectable First Amendment activist.
In 2014 he pressured DART into removing their constitutionally questionable no-photography
signs from train stations. A few months later he teamed with the National Press Photographers
Association and Dallas Police Department to organize a training session instructing ofcers on
citizens' right to photograph law enforcement. At the end of January hesat beside Houston
Police Chief Charles McLelland as part of a Houston Bar Association panel on citizen
photography.In between, he's spent a good deal of energy shaming, or perhaps trolling, any law
enforcement ofcerhe perceives as interfering with his picture-taking.
On Tuesday night his police scanner led him rst to the Crowne Plaza Hotel, where police and
paramedics were tending to a man standing in the driveway wearing a hospital robe, with an IV
pole. Adelman stood what he estimates to be 35 feet away and began taking pictures No ash,
high speed, about 1200 ASA, wide open lens. The rst responders ignored him.
Next came a call from DARTs Rosa Parks Plaza for a guy who was obviously in a catatonic
state, Adelman says, presumably the latest K2 victim. Again, Adelman stood back and began
taking rapid-re pictures.
Some time in there, the lady a uniformed DART police ofcer comes up and says, You need
to leave, you cant take pictures. She says This is a private issue, you cant be here.
Adelman disagreed. The synthetic cannabinoid user was in a public place and therefore had no
reasonable expectation of privacy. And federal privacy law protecting the condentiality of
medical records doesnt prevent bystanders from taking pictures of a medical emergency.
Adelman said the ofcer did not like being disagreed with and told him to leave.
Which, he says, is the worst thing you can say because youre saying the photographer has to
leave but no one else does. Generally, courts have held that a photographer has the same right
to be in a public space as someone without a camera, and there were plenty of others milling
about.
Adelman says the ofcer then demanded his ID; Adelman said hed show it to her only if she told
him if and why he was being detained. They went back and forth like this for a couple of minutes
I go, Am I being detained? She says, Yes. Thats when she puts me in handcuffs.
Adelman, in what he frames as a friendly suggestion rather than a do-you-know-who-I-am?
ego trip, suggested they call DARTs police chief. You might want to tell him who I am before
you do this, he told them. They ignored him.
Adelman was charged with criminal trespassing. His wife, who had nally given up on Fuel City
and xed herself dinner, got his call from the jail at about 9:30 Tuesday night. She posted bond
the next morning, and Adelman saw the sunlight again at about 4:30 the following afternoon.
DART spokesman Morgan Lyons said in an email that the agency has reviewed the exchange
and believes the ofcers acted properly.
Dallas Fire-Rescue asked him to move. He refused, Lyons wrote. Paramedics asked us to ask
him to move several times. He failed to comply and thats why he was arrested. Photography is
allowed in our public spaces but we expect people to comply with the instructions of a police
ofcer. This is especially true when paramedics tell us the actions of a photographer affect their
ability to provide care.
Adelman says thats not true. At no point did the remen come to me, say anything to me,
motion to me to stop taking pictures.Fire department spokesman Jason Evans declined to
adjudicate the conicting accounts. "The alleged request by Dallas Fire-Rescue medics is
irrelevant in the bigger picture of Avi Adelman being arrested," he said. "DFR understands and
respects the rights of anyone to be at the scenes, and taking documentation, of any incident to
which we respond," he added in an email. "While we reserve the right to ask someone to stop
taking pictures, in no way (provided that they are not interfering with operations, putting
themselves or others in danger, among other things) can we make them stop.
As Evans suggests, whatever the paramedics' wishes wishes were, they probably wouldn't matter
from a legal standpoint. "There is a First Amendment right to photograph police and other
government ofcials doing their work in public places," says Bob Corn-Revere, a Washingtonbased First Amendment lawyer and adjunct scholar at the Cato Institute, a libertarian think tank.
"Thats sort of a baseline right."
That right ends as soon as the photography begins to interfere with ofcial duties. The line
separating a government ofcial's annoyance with a photographer and criminal interference
with public duties is a blurry one that courts evaluate on a case-by-case basis, but, Corn-Revere
said,"I assume if that [interference] were the issue, thats what [Adelman] would have been
arrested for." He added,"Quite often the charge in a case like this is one of those BS catch-andrelease kind of things."
According to Corn-Revere, Adelman's arrest is reminiscent of the case of Simon Glik. In 2007
Glik was passing through Boston Common when he witnessed a trio of police ofcers making an
arrest. He pulled out his cell phone and began recording from about 10 feet away. When ofcers
noticed that he was lming them, they charged him with wiretapping, disturbing the peace and
aiding the escape of a prisoner. Glik sued and, in 2011, the 1st U.S. Court of Appeals ruled
unanimously that he had a constitutional right to record police.
The Glikruling doesn't have any direct bearing on how local courts would treat a legal challenge
to Adelman's arrest. The U.S. Supreme Court has never ruled explicitly that there's a
constitutional right to lm police, nor has the 5th Circuit, which sets precedent for federal courts
in Texas and neighboring states. But the notions that photography is constitutionally protected
speech and that speech can't be arbitrarily limited in public spaces including public transit hubs
seem as though they should apply doubly to plazas named for pioneers of the civil rights
movement.
Indeed, in the summer of 2014, in a case brought by Peaceful Streets Project founder Antonio
Buehler, a federal judge ruled that the right to photograph cops is clearly established in Texas
and has been for decades. Citing a 1992 Fifth Circuit ruling in favor of a photographer whom
state troopers arrested for interfering with a police raid, U.S. Magistrate Jude Mark Lane wrote:
If a person has the right to assemble in a public place, receive information on a matter of
public concern, and make a record of that information for the purpose of disseminating that
information, the ability to make photographic or video recording of that information is simply
not a new right or a revolutionary expansion of a historical right. Instead, the photographic or
video recording of public information is only a more modern and efcient method of
exercising a clearly established right.
The First Amendment implications of Adelman's arrest will be hashed out at a future date in a
federal courtroom. For now, Adelman's looking for a good criminal defense attorney.
Sponsor Content
EXHIBIT M
Photographer and First Amendment activist Avi Adelman was arrested and charged with criminal trespassing shortly after
taking this picture.
directives and therefore the case will not be led with the Dallas County District Attorney, read
the letter, which DART spokesman Morgan Lyons forwarded to the media on Monday. Although
the ofcers actions appear to be within her authority, they are not in line with department
directiv
es concerning photography on DART property. A formal review of all aspects of the incident is
underway.
DART was initially dismissive of Adelmans claim of wrongful arrest. We have reviewed the
exchange and believe the ofcers acted properly, Lyons wrote in an email last week. Dallas Fire
Rescue asked him to move. He refused. Paramedics asked us to ask him to move several times.
He failed to comply, and thats why he was arrested. Photography is allowed in our public spaces
but we also expect people to comply with the instructions of a police ofcer. This is especially
true when paramedics tell us the actions of a photographer affect their ability to provide care.
Dallas Fire-Rescue, however, disputed DARTs assertion that paramedics asked Adelman to
move. At no point were any requests made to ask Mr. Adelman to leave the scene and/or stop
taking pictures, spokesman Jason Evans told Fox 4. In addition, there were no requests made
to [DART] ofcers to ask him to leave the scene and/or stop taking pictures.
The ofcers actions, which Adelman recorded on his camera, also seemed to run counter to
First Amendment case law. The right of citizens to photograph police actions on public property
is fairly well-established.
Adelman, paraphrasing his lawyer, described DARTs missive today as the best cover-your-ass
letter hes ever seen from a governmental agency. Adelman said he will be discussing any future
action on First Amendment issues with his attorneys.
Sponsor Content