In a three-minute Youtube video, San Rafael police Sergeant Scott Eberle proves why we should never hesitate to record our interactions with police officers.

It started when a photographer, who asked not to be identified out of fear of police retaliation, stepped out of a restaurant July 24 and spotted an ambulance and some type of emergency situation.

Thinking a car had struck a bicyclist, he walked up and started snapping photos with his cell phone from a respectable distance.

He was immediately accosted by Eberle.

This is how he explains it in his Youtube description:

Seconds after I took the photo two police men approached me and one of them, Sargent Scott Eberle with a very loud voice started asking why I took the photo, why, why. I was surprised for such of question, because at that point I didn’t even know what had happened there. On the ground there were some paramedics around somebody (later I learned was a woman) that was laying down facing up. Because Sergent Eberle was talking to me very loud right infront of my face (less than a foot away) and another cop was standing about two feet away from me also in intimidating body language position; I turned of the voice recorder.

“You are being disrespectful by taking a picture of the lady on the ground,” Eberle can be heard saying on the voice recorder.

He then says the photographer should have asked the lady permission to take her photo – as if that would have been more respectful considering she was laying on a stretcher with several paramedics tending to her.

“She would probably appreciate it if you erase that picture on your phone,” Eberle says.

That was when the man switched his phone to video mode and lifted it to the cop’s face.

Eberle was suddenly all smiles.

“Are you video-ing or you’re taking a picture?” he asks twice.

“I don’t understand, what is the problem?” Eberle then asks.

The cop then turns and walks away, turning around for a quick second to wave, “bye-bye.”

As the videographer walks away, Eberle calls out in a most pleasant tone, “careful you don’t get hit by a car, sir.”

The videographer then records Eberle’s license plate number.

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I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

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