Brorein bridge wreck sparks spat over photos of Customs officer

A Tampa Tribune photojournalist's cell phone was confiscated and he was detained for 15 minutes after he took photographs of a crash involving a U.S. Customs and Border Protection officer on a public street.

Photographer Jay Nolan arrived at the Brorein Street bridge about 8:30 a.m. today, shortly after a three-car crash occurred. No one was seriously injured.

Nolan saw a Customs vehicle hanging over the bridge and a Customs and Border Protection officer talking on a phone. Nolan shot photographs of Officer David Tipton and the crash scene.

Nolan said that seconds after Tipton told him his name, the officer asked for assurance that photographs of his face would not be used in the newspaper.

Nolan could make no such assurance.

"He told me, 'You don't understand. We're not local law enforcement here. We're the federal government. We'll take your gear right now,'" Nolan said. "He gave me two choices: either give my assurance or be placed under arrest."

Nolan called his supervisor to discuss the situation.

When the supervisor called back, Tipton took Nolan's cell phone and told another officer to take Nolan away. Nolan said he placed his hands behind his back, assuming he was going to be arrested.

Nolan said he was led 40 to 50 feet away, although he was not handcuffed. Concerned that his digital photographs would be confiscated, Nolan placed his compact flash cards in a safe location and replaced them in the camera with unused cards.

About 15 minutes later, a Customs and Border Protection officer gave Nolan the cell phone back, and Nolan left the scene.

Gary McClelland, the agency's area port director, apologized to Nolan less than two hours later at the scene.

"You have to understand the gentleman (Tipton) was just in a very serious accident," McClelland said. "He was very shaken up."

Ordinarily, he said, officers don't permit photographs because of the nature of their jobs, but the agency doesn't want to hinder the media.

The crash occurred when a Mazda Miata struck a PT Cruiser, pushing the Cruiser into the marked Customs and Border Protection vehicle, police say.

The Mazda's driver, Ernest Libershteyn, was cited for careless driving.

The PT Cruiser's driver, Barbette Washington, wasn't cited but was arrested on warrants for prior traffic offenses, Tampa police spokeswoman Janelle McGregor said.