The Incident
February 13, 2011 Mark Fiorino, age 25, was stopped in Philadelphia by a police officer for carrying a holstered, 40 caliber Glock, in plain view on his left hip. The officer drew his own weapon, defensively aimed at Mr. Fiorino’s chest and asked “Yo, Junior… what are you doing?” The officer did not identify himself as a police officer, but did tell Mr. Fiorino that his name was Sergeant Michael Dougherty, when asked. Sergeant Dougherty called for backup, ordered Mr. Fiorino to his knees, and finally ordered him to lay face down. Through the course of verbal directives, orders, and unprofessional language on the part of the police officers involved, it was discovered that Mr. Fiorino had been voice recording the entire incident. The police did not confiscate the voice recorder, nor was he arrested for recording the incident, however, and forty minutes after Sergeant Dougherty drew his weapon, Mr. Fiorino was released.