© 2024
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
An update has been released for the Android version of the WAMC App that addresses performance issues. Please check the Google Play Store to download and update to the latest version.

Troy Man Tests Saratoga Police

A Saratoga Springs Police officer has been suspended after tangling with a First Amendment rights crusader from Troy.

Adam Rupeka,  who runs the anti-police website Cop Block, explained on YouTube that he had received a tip from a concerned citizen of Saratoga Springs that the local police department was corrupt and abusive to citizens.  So, the story goes, he drove from Troy to Saratoga, where he proceeded to salute a policeman with his middle finger, who then pulled him over.

After exchanging words, the officer, identified as Nathan Baker, deployed pepper spray, according to Rupkea’s account, in an effort to coax Rupeka into a more cooperative mode.

Rupeka lashed out, threatening legal action after being spritzed with the irritant.

Mario Cometti with lawfirm Tully Rinckey says Rupeka’s right to freedom of speech allowed him to gesture to the officer.      "The person who was arrested may have a valid lawsuit against the police department for malicious prosecution if they continue with this, and for false arrest. The United States Court of Appeals had a similar case in the 2nd circuit, the gist of which was decided January 3rd of 2013 in which a person was pulled over for exactly the same type of thing, for an obscene gesture, and they allowed the lawsuit against the police department to continue. Andthe 2nd circuit specifically stated that an obscene gesture like giving a police office the finger was not a sufficient and legal basis to pull them over."

Saratoga Springs police did not return a call for comment. Police Chief Gregory Veitch  issued a statement to the press: “I am aware of the video that has been posted on YouTube and on the Facebook page of 'Capital District Cop Block.' I take very seriously any allegation of improper use of force made against any officer of the Saratoga Springs Police Department and I have been in contact with Mr. Rupeka regarding this incident.”

Cometti says police officers would be best to ignore obscene gestures from passing motorists. "By now, police officers should be aware that this is something that they should just turn a blind eye to or get a thick skin."

Rupeka did not respond to a request for comment via email. Melanie Trimble is the chapter director for the New York Civil Liberties Union in the Capital Region.  "We've heard from him on a message machine and I've tried to return his call. We haven't spoken yet. We're playing phone tag, so I don't have any contact with him, I don't know what he wants from us, so I can't really comment on that."

What about citizens using obscene gestures against law enforcement personnel?  "While we don't encourage people to do it, obviously videos can be very helpful in verifying what actually happens in these encounters. At the same time, good things can be recorded, and I think that's important to remember that not all law enforcement officers behave badly, and we don't have the hundreds of videos that could be shown to show good behavior too."

City Police released a statement Monday afternoon to say Rupeka was charged with resisting arrest, along with a traffic infraction of having an obstructed view in violation of section 375-20 of the Vehicle and Traffic Law — an apparent reference to a dashboard camera.

Dave Lucas is WAMC’s Capital Region Bureau Chief. Born and raised in Albany, he’s been involved in nearly every aspect of local radio since 1981. Before joining WAMC, Dave was a reporter and anchor at WGY in Schenectady. Prior to that he hosted talk shows on WYJB and WROW, including the 1999 series of overnight radio broadcasts tracking the JonBenet Ramsey murder case with a cast of callers and characters from all over the world via the internet. In 2012, Dave received a Communicator Award of Distinction for his WAMC news story "Fail: The NYS Flood Panel," which explores whether the damage from Hurricane Irene and Tropical Storm Lee could have been prevented or at least curbed. Dave began his radio career as a “morning personality” at WABY in Albany.
Related Content