Homeowner arrested for "illegal photography" of a cop who barged into his own house

By CAMERON LANGFORD
Courthouse News Service
Jun. 22, 2010

HOUSTON (CN) - A homeowner says he was arrested for "illegal photography" when a police sergeant followed him into his own home, and he objected and took the cop's photo with his cell phone. "We did not know what he was talking about, and I don't think he does either," the homeowner says in his federal complaint.

In his civil rights complaint, Francisco Olvera says Sealy Police Sgt. Justin Alderete's charge of "illegal photography" baffled him and several witnesses.

Olvera says the trouble started when Alderete responded to a complaint of loud music coming from his home. In front of the home, Alderete asked Olvera to show identification and as Olvera walked into his house to get it, Alderete followed him in.

"Olvera did not believe that Alderete had the authority to enter Olvera's residence and, therefore, took a picture of Alderete using his cell phone," the complaint states.

Olvera claims that Alderete saw a can of beer on a kitchen counter, next to Olvera's wallet, and immediately handcuffed him.

"Olvera was then transported to the City of Sealy jail and charged with 'public intoxication' and 'loud music,'" according to the complaint.

Olvera says he was acquitted of all charges in a jury trial.

Olvera seeks punitive damages from Alderete, the City of Sealy, and Police Chief John Tollett for trespass, assault, false imprisonment and malicious prosecution.

He is represented by Ronald Darby of Sealy.