Page 48 - North Carolina 2020 Legal Guide
P. 48
Task: Officers Being Filmed in Public Place
While the U.S. Supreme Court has not addressed this issues there
have been a number of lawsuits relating to allegations that officers
have retaliated when filmed by a citizen in a public place. The nature of
these lawsuits is a retaliation for an exercise of 1 Amendment Rights.
st
•While there may be some reasonable time, place, manner restrictions
that can be placed on those filming, most current cases have gone
against officer action.
•Action of officers that have been criticized include: arresting person
who is filming; seizing the recording device as evidence; temporary
seizing recording device and deleting or manipulating recording or
photograph.
•Example: Glik v. Cunniffe, 655 F.3d 78 (1st Cir. Mass. 2011)
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