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EXHIBIT A

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

O Dallas Area Rapid Transit

TIME(S) OF INCIDEN

DAY(S) OF INCIDEN

14:56 - 15:10

Friday

DISPATCHER

TIME RECEIVED

TIME ARRIVED

15:15

15:27

RYOUNG - Young, Roxanne


OFFENSE #

UCR CODE

OFFENSE STATUS:
(A) Attempt

90Z

OFFENDER USED:

(C) Complet

(A) Alcoh

(CA) Closed by Arrest

(B) Prosecution Decline

(CE) Closed by Excepti

(C) Extradition Denied

(CO) Closed by Other Me

(D) Victim Ref. to Coope

(I) Inactive

(E) Juvenile, No Custody

(U) Unfounded

(N) Not Applicable

REPORTING AREA

(N) Not Applicab

(C) Cptr. Equ

Burglary (220) Location 14&19: FORCED ENTRY?

(D) Drug # PREMISES ENTER

STATUTE

ADDRESS OF OFFENS

Interference with Railroad Property

28.07

3400 ELM, Dallas, TX 75201

TYPE CRIMINAL ACTIVIT (Max. 3

VICTIM #

NAME:

(90) Other

(12) Handgun

(95) Unknown

(13) Rifle

(99) None

(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

(G) Other Gang

(60) Explosives

(J) Juvenile Gang

(65) Fire/Incendiary Devi

(N) None/Unknown

(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation

First,

Middle

DRIVER'S LICENS

DR. LI. STAT SOC. SEC. NO

DATE OF BIRT

CONTROL, RAIL

RESIDENT ADDRES

Street

City

State

ZIP

0 ELM GRADE CROSSING


OCCUPATION

RESIDENT PHONE

EMPLOYMENT PHON

SEX:
(M) Male

(F) Female

ETHNIC:
(H) Hispani
RACE:
(W) Whi
(B) Blac

(11) Firearm (Type not state

BIAS MOTIVATED CRIME

Last,

No

(14) Shotgun

TYPE GANG ACTIVITY: (Max. 2

(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

WEAPON FORCE (Max. 3


( For 11-15, place "A" in space next to box if weapon was an Auto

(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

(01) Air/Bus/Train Terminal


(02) Bank/Savings & Loan
(03) Bar/Night Club
(04) Church/Synagogue/Templ
(05) Commercial/Office Buildin
(06) Construction Site
(07) Convenience Store
(08) Department Discount Stor
(09) Drug Store/DR's Office/Ho
(10) Field/Woods
(11) Government/Public Buildi
(12) Grocery/Supermarket

EXCEPT. CLEAR. DATE

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

RELATIONSHIP OF THIS VICTIM TO OFFENDER


(check relationship under appropriate offender n
#1 #2 #3 #4 #5 #6 #7 #8 #9 #10
VICTIM WAS
(SE) Spouse
(CS) Common-Law Spouse
(PA) Parent
(SB) Sibling
(CH) Child
(GP) Grandparent
(GC) Grandchild
(IL) In-Law
(SP) Stepparent
(SC) Stepchild
(SS) Stepsibling
(OF) Other Family Member
(AQ) Acquaintance
(FR) Friend
(NE) Neighbor
(BE) Babysittee (baby)
(BG) Boyfriend/Girlfriend
(CF) Child of Boyfriend/Girlfri
(HR) Homosexual Relationshi
(XS) Ex-Spouse
(EE) Employee
(ER) Employer
(OK) Otherwise Known
(RU) Relationship Unknown
(ST) Stranger
(VO) Victim was Offender

VICTIM INJURY: (Max. 5)


(M) Apparent Minor Injury
THIS VICTIM RELATED
TO WHICH OFFENSES?
(N) None
(O) Other Major Injury
#1
#4
#7
#1
(B) Apparent Broken Bo
(T) Loss of Teeth
#2
#5
#8others:
(I) Possible Internal Inju
(U) Unconsciousness
#3
#6
#9
(L) Severe Laceration
AGGRAVATED ASSAULT/HOMICIDE CIRCUMSTANCES
Aggravated Assault/Murder(max. 2
Negligent Manslaughter(enter
(01) Argument
(30) Child Playing With Weapon
(02) Assault On Law Enf. Of
(31) Gun-Cleaning Accident
(03) Drug Dealing
(32) Hunting Accident
ficer
(04) Gangland
(33) Other Negligent Weapon Handlin
(A) Criminal Attacked Police Officer
ADDITIONAL
(05) Juvenile Gang
g
(B) Criminal Attacked Fellow Police Officer
JUSTIFIABLE
(06) Lover's Quarrel
(34) Other Negligent Killings
(C) Criminal Attacked Civilian
(07) Mercy Killing
HOMICIDE
(D) Criminal Attempted Flight from a Crime
Justifiable Homicide:(enter
(08) Other Felony Involved
CIRC.:
(E) Criminal Killed in Commission of a Cri
(09) Other Circumstances
(20) Criminal Killed by Private Citizen
(F) Criminal Resisted Arrest
(enter 1)
(10) Unknown Circumstanc
(21) Criminal Killed by Police Officer
(G) Unable to Determine/Not Enough Infor
es
REPORT DATE
DAY
TIME (Military)
REPORTING OFFICER
CODE # APPROVING SUPERVISOR
CODE # DATE APPROVED

01/30/2015

Fri

14:56

Ofc Wayne Walston

155

Sgt Cedric Roach

265

02/01/2015

INCIDENT REPORT
PAGE #

DATE

INCIDENT NUMBE

01/30/2015

DTC15000460

ARRESTEE #

NAME

OFFENDER #

RESIDENT ADDRES Street

ORI# ("B")

TX0575300

Last,

REPORTING OFFICE

CODE #

Ofc Wayne Walston

First,

155
Middle,

VICTIM NAME

CONTROL, RAIL
AKA

HISE, CLARK ALAN


1

City

State

6142 AVERILL WAY, DALLS, TX

RESIDENT PHONE

DATE OF BIRTH

Zip

75225

EMPLOYMENT/SCHOOL PHO

OCCUPATION

DRIVER'S LICENS

DR. LI. STATE

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 #

RESIDENT ADDRES Street

Last,

OTH - Other

First,

BRO - Brown
Middle,

AKA

DONIS, GERADO
2

City

State

304 SUNCREEK DR., Allen, TX

RESIDENT PHONE

EMPLOYMENT/SCHOOL PHO

DATE OF BIRTH

Zip

75013
DRIVER'S LICENS

DR. LI. STATE

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 #

Ofc Wayne Walston

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

OF. CODE P. LOSS P. DES.

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

DESCRIPTION (Include serial number, make, model, primary color)

TOTAL NUMBER VEHICLES STOLE

TOTAL NUMBER VEHICLES RECOVER

(2) Burned

(3) Counterfeited/Forged

(11) Drug/Narc. Equipme


(12) Farm Equipment
(13) Firearms
(14) Gambling Equipmen
(15) Heavy EquipmentConstruction/Industry
(16) Household Goods
(17) Jewelry/Precious M
(18) Livestock
(19) Merchandise
(20) Money

WHOLE DRUG QUANTIT

TOTAL VALUE STOLEN:

(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

FRACTIONAL DRUG QUANTIT

OWNER

(A) "Crack" Cocai


(B) Cocaine
(C) Hashish

(D) Heroin
(E) Marijuana
(F) Morphine

Last,

RESIDENT ADDRES Street

(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

(M) Other Stimulants


(N) Barbiturates
(O) Other Depressant

ITEM VALUE

TOTAL VALUE RECOVERE

TYPE DRUG MEASUREMEN


WEIGHT
CAPACITY
(GM) Gram
(ML) Milliliter
(KG) Kilogram (LT) Liter
(OZ) Ounce
(FO) Fluid Oun
(LB) Pound
(GL) Gallon

DRUG TYPE:

NAME:

STATE

ADDRESS

TOP/SOLID COLOR

DRUG TYPE

CONTROL, RAIL

VIN

ADDRESS

TOP/SOLID COLOR
YEAR

VICTIM NAME

(P) Other Drugs


(U) Unknown Type D
(X) Over 3 Drug Type

SEX:
(M) Male
(F) Femal
(U) Unk.

UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants

AGE:
(00) Unkno

RESIDENT PHONEEMPLOY'T. PHONE

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

Ofc Wayne Walston

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

(U) Unk AGE:


SEX:
(M) Male
(00) Unkno
(F) Female

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

white drone and taking pictures with

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.

Both subjects were identified by Texas drivers

license.
First subject was (Hise, Clark Alan W/M D.O.B. 0
D.O.B. 1

, Second subject (Donis, Gerado W/M

) 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

O Dallas Area Rapid Transit

TIME(S) OF INCIDEN

DAY(S) OF INCIDEN

19:46 - 20:20

Tuesday

DISPATCHER

TIME RECEIVED

TIME ARRIVED

19:46

19:46

ttran - Tran, Trinh


OFFENSE #

UCR CODE

OFFENSE STATUS:
(A) Attempt

90Z

OFFENDER USED:

(C) Complet

(A) Alcoh

EXCEPTIONAL
CLEARANCE STATUS:
(A) Death of the Offende

(CA) Closed by Arrest

(B) Prosecution Decline

(CE) Closed by Excepti

(C) Extradition Denied

(CO) Closed by Other Me

(D) Victim Ref. to Coope

(I) Inactive

(E) Juvenile, No Custody

(U) Unfounded

(N) Not Applicable

REPORTING AREA

EXCEPT. CLEAR. DATE

Evenings
(N) Not Applicab

(C) Cptr. Equ

Burglary (220) Location 14&19: FORCED ENTRY?

(D) Drug # PREMISES ENTER

Yes

OFFENSE DESCRIPTIO

STATUTE

ADDRESS OF OFFENS

Code of Conduct Violation

Code Conduct

ROSA PARKS STATION - 901 ELM ST, DALLAS, TX 75202

LOCATION COD (Enter 1

TYPE CRIMINAL ACTIVIT (Max. 3

NAME:

(95) Unknown

(13) Rifle

(99) None

(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

(G) Other Gang

(60) Explosives

(J) Juvenile Gang

(65) Fire/Incendiary Devi

(N) None/Unknown

(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation

First,

Middle

DRIVER'S LICENS

DR. LI. STAT SOC. SEC. NO

DATE OF BIRT

DART / STATE OF TEXAS, Dallas Area Rapid Tran

RESIDENT ADDRES

Street

City

State

1401 Pacific Ave, Dallas, TX

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

BIAS MOTIVATED CRIME

Last,

(11) Firearm (Type not state

(14) Shotgun

TYPE GANG ACTIVITY: (Max. 2

(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 #

WEAPON FORCE (Max. 3


( For 11-15, place "A" in space next to box if weapon was an Auto

(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

(01) Air/Bus/Train Terminal


(02) Bank/Savings & Loan
(03) Bar/Night Club
(04) Church/Synagogue/Templ
(05) Commercial/Office Buildin
(06) Construction Site
(07) Convenience Store
(08) Department Discount Stor
(09) Drug Store/DR's Office/Ho
(10) Field/Woods
(11) Government/Public Buildi
(12) Grocery/Supermarket

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

RELATIONSHIP OF THIS VICTIM TO OFFENDER


(check relationship under appropriate offender n
#1 #2 #3 #4 #5 #6 #7 #8 #9 #10
VICTIM WAS
(SE) Spouse
(CS) Common-Law Spouse
(PA) Parent
(SB) Sibling
(CH) Child
(GP) Grandparent
(GC) Grandchild
(IL) In-Law
(SP) Stepparent
(SC) Stepchild
(SS) Stepsibling
(OF) Other Family Member
(AQ) Acquaintance
(FR) Friend
(NE) Neighbor
(BE) Babysittee (baby)
(BG) Boyfriend/Girlfriend
(CF) Child of Boyfriend/Girlfri
(HR) Homosexual Relationshi
(XS) Ex-Spouse
(EE) Employee
(ER) Employer
(OK) Otherwise Known
(RU) Relationship Unknown
(ST) Stranger
(VO) Victim was Offender

VICTIM INJURY: (Max. 5)


(M) Apparent Minor Injury
THIS VICTIM RELATED
TO WHICH OFFENSES?
(N) None
(O) Other Major Injury
#1
#4
#7
#1
(B) Apparent Broken Bo
(T) Loss of Teeth
#2
#5
#8others:
(I) Possible Internal Inju
(U) Unconsciousness
#3
#6
#9
(L) Severe Laceration
AGGRAVATED ASSAULT/HOMICIDE CIRCUMSTANCES
Aggravated Assault/Murder(max. 2
Negligent Manslaughter(enter
(01) Argument
(30) Child Playing With Weapon
(02) Assault On Law Enf. Of
(31) Gun-Cleaning Accident
(03) Drug Dealing
(32) Hunting Accident
ficer
(04) Gangland
(33) Other Negligent Weapon Handlin
(A) Criminal Attacked Police Officer
ADDITIONAL
(05) Juvenile Gang
g
(B) Criminal Attacked Fellow Police Officer
JUSTIFIABLE
(06) Lover's Quarrel
(34) Other Negligent Killings
(C) Criminal Attacked Civilian
(07) Mercy Killing
HOMICIDE
(D) Criminal Attempted Flight from a Crime
Justifiable Homicide:(enter
(08) Other Felony Involved
CIRC.:
(E) Criminal Killed in Commission of a Cri
(09) Other Circumstances
(20) Criminal Killed by Private Citizen
(F) Criminal Resisted Arrest
(enter 1)
(10) Unknown Circumstanc
(21) Criminal Killed by Police Officer
(G) Unable to Determine/Not Enough Infor
es
REPORT DATE
DAY
TIME (Military)
REPORTING OFFICER
CODE # APPROVING SUPERVISOR
CODE # DATE APPROVED

02/09/2016

Tue

19:46

Ofc Stephanie Branch

331

Sgt Tori Hutchins

306

02/10/2016

INCIDENT REPORT
PAGE #

DATE

INCIDENT NUMBE

02/09/2016

DTC16000489

ARRESTEE #

NAME

OFFENDER #

RESIDENT ADDRES Street

ORI# ("B")

TX0575300

Last,

REPORTING OFFICE

CODE #

Ofc Stephanie Branch

First,

331
Middle,

VICTIM NAME

DART / STATE OF TEXAS, Dallas Area R


AKA

Adelman, Avi Steven


1

City

State

5620 E Side Ave, Dallas, TX

RESIDENT PHONE

DATE OF BIRTH

75202

EMPLOYMENT/SCHOOL PHO

ARREST LOCATION

Zip

DR. LI. STATE

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

GRY - Gray or Part STR - Straight

Last,

First,

BLD - Bald(ing)
Middle,

BRO - Brown

RUD - Ruddy

AKA

Adelman, Avi Steven

OFFENDER #

RESIDENT ADDRES Street

City

State

5620 E Side Ave, Dallas, TX


RESIDENT PHONE
ARREST LOCATION

EMPLOYMENT/SCHOOL PHO

DATE OF BIRTH

75202

04/10/1956

DRIVER'S LICENS

DR. LI. STATE

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

GRY - Gray or Part STR - Straight

BLD - Bald(ing)

BRO - Brown

RUD - Ruddy

INCIDENT REPORT
PAGE #

3
YEAR

DATE

INCIDENT #

REPORTING OFFICER

02/09/2016 DTC16000489
MAKE

MODEL

DART / STATE OF TEXAS, Dallas Area

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

OF. CODE P. LOSS P. DES.

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

DESCRIPTION (Include serial number, make, model, primary color)

TOTAL NUMBER VEHICLES STOLE

TOTAL NUMBER VEHICLES RECOVER

(2) Burned

(3) Counterfeited/Forged

(11) Drug/Narc. Equipme


(12) Farm Equipment
(13) Firearms
(14) Gambling Equipmen
(15) Heavy EquipmentConstruction/Industry
(16) Household Goods
(17) Jewelry/Precious M
(18) Livestock
(19) Merchandise
(20) Money

WHOLE DRUG QUANTIT

TOTAL VALUE STOLEN:

(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

FRACTIONAL DRUG QUANTIT

OWNER

(A) "Crack" Cocai


(B) Cocaine
(C) Hashish

(D) Heroin
(E) Marijuana
(F) Morphine

Last,

RESIDENT ADDRES Street

(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

(M) Other Stimulants


(N) Barbiturates
(O) Other Depressant

ITEM VALUE

TOTAL VALUE RECOVERE

TYPE DRUG MEASUREMEN


WEIGHT
CAPACITY
(GM) Gram
(ML) Milliliter
(KG) Kilogram (LT) Liter
(OZ) Ounce
(FO) Fluid Oun
(LB) Pound
(GL) Gallon

DRUG TYPE:

NAME:

STATE

ADDRESS

TOP/SOLID COLOR

DRUG TYPE

VICTIM NAME

331

STYLE

OWNER'S NAME

YEAR

CODE #

Ofc Stephanie Branch

(P) Other Drugs


(U) Unknown Type D
(X) Over 3 Drug Type

SEX:
(M) Male
(F) Femal
(U) Unk.

UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants

AGE:
(00) Unkno

RESIDENT PHONEEMPLOY'T. PHONE

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

Ofc Stephanie Branch

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

DART / STATE OF TEXAS, Dallas Area Rapi

(U) Unk AGE:


SEX:
(M) Male
(00) Unkno
(F) Female

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.

An unknown white male with a camera walked up to the medical

scene and started taking pictures of

the passed out white male. DFD #28 was treating the white male suject.

The white male with the

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

Stay back." Adelman stated, " No I have

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

have emailed your chief and I will do it

again. I can do what I want here."


Branch asked Adelman, "Sir please do not get any closer to the medical scene. Sir you're
interfering when you trying to get closer to take pictures. Sir please step back and DFD #28 give
them space to work. Sir DFD unit does not want you to move any closer to the medical scene it is
interfering with the direct treatment of the white male. DFD is not comfortable with you being
this close to them, move back."
Adelman walked directly to Branch and asked for Branch's badge number. Branch was standing
directly in the medical scene. Branch told him."331 is my badge number and please move back.
You're interfering."
Adelman kept walking up to Branch and taking pictures as he demanded Branch's badge number. Branch
asked Adelman again to step back and the badge number is 331. Adelman continued to interfere by
trying to advance closer into the medical scene to take a closer picture of the white male on the
ground passed out. DFD had advised Branch to keep Adelman back from interfering while they give
medical treatment to the white male passed out.
Adelman stated, "Call your sergeant and chief. I do not have to leave anywhere and you can not
stop me from taking pictures."

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."

CONFIDENTIAL SUPPLEMENT NARRATIVE CONTINUATION


PAGE #

DATE

INCIDENT NUMBER

REPORTING OFFICER

02/09/2016

DTC16000489

Ofc Stephanie Branch

CODE #

331

VICTIM NAME

DART / STATE OF TEXAS, Dallas Area Rapi

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.

CONFIDENTIAL SUPPLEMENT NARRATIVE CONTINUATION


PAGE #

DATE

INCIDENT NUMBER

REPORTING OFFICER

02/09/2016

DTC16000489

Ofc Stephanie Branch

CODE #

VICTIM NAME

331

DART / STATE OF TEXAS, Dallas Area Rapi

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.

Adelman continued to state he had a right to take pictures on DART

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

location on 901 Elm Street, Dallas, Texas.

Adelman was told to leave

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.

Adelman was in handcuffs and

under arrest he could not sign.


Branch was issued a DART Police misdemeanor service number M1616393 for Texas Penal Code 30.05
Criminal Trespass, Misdemeanor B.
Branch explained to Adelman he was banned from entering or remaining on DART's Rosa Parks
Plaza-901 Elm Street, Dallas, Texas and CBD West -920 San Jacinto, Dallas, Texas. Starting
2-9-2016 and ends 2-09-2017. Adelman stated "I agree and disagree."
Branch and Henderson transported Adelman to Dallas County Jail and bookin.
cleared without any further incidents.
Recorded incident on DART's Sony recorder #56 and 57.

Branch and Henderson

CONTINUATION PAGE
PAGE #

DATE

INCIDENT #

REPORTING OFFICER

02/09/2016 DTC16000489

CODE #

Ofc Stephanie Branch

331

VICTIM NAME

DART / STATE OF TEXAS, Dallas Area

Offense(s)
OFFENSE #

UCR CODE

90J

OFFENSE STATUS:
(A) Attempt

OFFENDER USED:

(C) Complet

(A) Alcoh

(N) Not Applicab

(C) Cptr. Equ

Burglary (220) Location 14&19: FORCED ENTRY?

(D) Drug # PREMISES ENTER

Yes

OFFENSE DESCRIPTION

STATUTE

ADDRESS OF OFFE

Criminal Trespass

30.05

ROSA PARKS STATION - 901 ELM ST, DALLAS, TX 75202

LOCATION COD (Enter 1


(01) Air/Bus/Train Terminal
(02) Bank/Savings & Loan
(03) Bar/Night Club
(04) Church/Synagogue/Templ
(05) Commercial/Office Buildin
(06) Construction Site
(07) Convenience Store
(08) Department Discount Stor
(09) Drug Store/DR's Office/Ho
(10) Field/Woods
(11) Government/Public Buildi
(12) Grocery/Supermarket
TYPE CRIMINAL ACTIVIT (Max. 3
(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

(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

WEAPON FORCE (Max. 3


( For 11-15, place "A" in space next to box if weapon was an Auto
(11) Firearm (Type not state

(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

(G) Other Gang

(60) Explosives

(J) Juvenile Gang

(65) Fire/Incendiary Devi

(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

DART Cop Arrests Barking Dog Avi


Adelman for Taking Photos at Rosa
Parks Plaza
BY ERIC NICHOLSON

FRIDAY, FEBRUARY 12, 2016 AT 4 A.M.

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.

Avi Adelman was booked into the Dallas County


jail on Tuesday night.

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

2016 Dallas Observer, LP. All rights reserved.

EXHIBIT M

DART Drops Criminal Trespassing


Charges Against 'Barking Dog' Avi
Adelman
BY ERIC NICHOLSON

TUESDAY, FEBRUARY 16, 2016 AT 5:01 P.M.

Photographer and First Amendment activist Avi Adelman was arrested and charged with criminal trespassing shortly after
taking this picture.

Avi Adelman is a free man.


Dallas Area Rapid Transit informed Adelman on Tuesday that the agency is dropping criminal
trespassing charges. Adelman, a self-described citizen journalist and well-known gady, was
arrested by DART police while photographing an incident at Rosa Parks Plaza, a transit hub in
downtown Dallas.
A review of the arrest revealed that it was not consistent with DART Police policies and

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

Avi Adelman was booked into the Dallas County


jail on Tuesday night.

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.
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