{"id":5945,"date":"2011-08-27T00:33:33","date_gmt":"2011-08-27T00:33:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-27T00:33:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5945","title":{"rendered":"CA1: Arrest of a citizen for recording police in public on a cell phone violated clearly established First and Fourth Amendment rights"},"content":{"rendered":"<p>Arrest of a citizen for recording police in public on a cell phone violated clearly established First and Fourth Amendment rights, so no qualified immunity. <a href=\"http:\/\/www.ca1.uscourts.gov\/cgi-bin\/getopn.pl?OPINION=10-1764P.01A\">Glik v. Cunniffee<\/a>, 10-1764 (1st Cir. August 26, 2011):<\/p>\n<blockquote><p>Simon Glik was arrested for using his cell phone&#8217;s digital video camera to film several police officers arresting a young man on the Boston Common. The charges against Glik, which included violation of Massachusetts&#8217;s wiretap statute and two other state-law offenses, were subsequently judged baseless and were dismissed. Glik then brought this suit under 42 U.S.C. \u00a7 1983, claiming that his arrest for filming the officers constituted a violation of his rights under the First and Fourth Amendments.<\/p>\n<p>In this interlocutory appeal, the defendant police officers challenge an order of the district court denying them qualified immunity on Glik&#8217;s constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause. We therefore affirm.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5945\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5945","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5945","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5945"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5945\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5945"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5945"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5945"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}