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First Amendment Right to Tape Police During an Arrest

Carla Gericke and Tyler Hanslin were pulled over for a traffic stop.  In the process, Hanslin informed the police officer he had a firearm.  The police were taking him into custody when Gericke informed the officer that she was going to record and tape him.  He asked her to get into her vehicle.  She complied, however, when other officers arrived she was arrested for refusing to tell the officer where she put the camera.  The charges were later dropped and she pursued a claim for violation of civil rights against the officers.  The officers claimed qualified immunity but the First Circuit Court of Appeals found that there is First Amendment Right and that the officers should have known based on Glik.  See full opinion:  Gericke v. Gebin

Categories: Civil, News, Recent Decisions.