Plaintiff:
Benjamin Perez
Incident date:
08/30/2011
Location:
8500 S. South Chicago Ave.
Allegations:
Perez and Milton were outside talking with friends when another friend drove past them on a motorcycle, heading southbound in the appropriate traffic lane. At the same time, Capt. Navarro was driving northbound on the same street in a marked police sport-utility vehicle, travelling in the wrong lane. Navarro collided with Perez and Milton's friend, who suffered serious injuries. Perez and Milton witnessed the collision. Numerous officers arrived and saw Perez and Milton using their cellphones to record the collision scene. The officers immediately took Perez's cellphone, handcuffed him and put him in the back of a police car. They demanded that Perez show them how to delete the photographs he had just taken. Milton, who had also been using his cellphone to record the scene, was seated on his motorcycle when Officers Frahm and Hernandez threw him to the ground. He was handcuffed and placed in a police car. Perez and Milton were both taken to a police station. Officers demanded that Perez provide the password to his cellphone so they could delete the pictures from the scene. They told him that if he did not provide the password, he would be charged with a felony offense. Perez gave them the password, and the officers deleted the pictures. They strip-searched Perez to see if he had any additional cameras or recording devices. Officers also demanded that Milton give his password, but he refused. O Navarro charged Perez with assaulting him while Frahm charged Milton with battery and resisting arrest. They were both released the next day after spending several hours in custody. The charges were later dropped.