Federal Appeals Court Reaffirms Right To Videorecord, Including At Traffic Stops

 

 

 

 

 

 

” From the First Circuit’s decision Friday in Gericke v. Begin (1st Cir. May 24, 2014):

  This case raises an important question about an individual’s First Amendment right to film a traffic stop by a police officer. Carla Gericke attempted to film Sergeant Joseph Kelley as he was conducting a late-night traffic stop. Shortly thereafter, she was arrested and charged with several crimes, including a violation of New Hampshire’s wiretapping statute. Gericke was not brought to trial. She subsequently sued the Town of Weare, its police department, and the officers who arrested and charged her, alleging in pertinent part that the wiretapping charge constituted retaliatory prosecution in violation of her First Amendment rights….

  Based on Gericke’s version of the facts, we conclude that she was exercising a clearly established First Amendment right when she attempted to film the traffic stop in the absence of a police order to stop filming or leave the area…. “

 

Read more from Eugene Volokh at the Washington Post