According to the lawsuit (PDF), Sgt. Justin Alderete of the Sealy, Texas, police department arrived at the home of Francisco Olvera in October, 2009, apparently responding to a noise complaint. Olvera had been playing music on his computer speakers while working outside on his patio.
A Texas man has sued his local police department, saying he was arrested for taking a picture of a police officer when the officer entered his home without permission.
The sergeant asked Olvera for identification. When Olvera went inside his home to grab his ID, Sgt. Alderete followed him inside. Believing the officer didn’t have a right to enter his home without permission, Olvera picked up his cellphone and took a photo of the officer. At that point, the lawsuit states, Alderete accused Olvera of “illegal photography” and arrested him.
Olvera was charged with “loud music” and “public intoxication” — the officer had seen a beer can on the kitchen table, the lawsuit asserts.
In January, Olvera was acquitted of all charges.