Police, The Fourth Amendment, Qualified Immunity

Passenger videos traffic stop, trouble ensues

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Case: KELLY v. BOROUGH OF CARLISLE (M.D.Pa. 9-7-2011)

What happened: Passenger video’d traffic stop by police officer. Police officer did not like that and, as a result, the passenger was arrested for a violation of a wiretapping statute.

Decision: Police may end up being liable here. The video’ing was not a violation of the wiretapping statute, but a jury is required to determine whether qualified immunity applies because of factual issues surrounding the police claim that the arrest was made in good faith on the advice of a District Attorney. Notably, the police may not have informed the District Attorney that the police were, themselves, video’ing the traffic stop on their own dashcam.

Written by Burgers Allday

September 8, 2011 at 6:58 pm

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