police4aqi

Police, The Fourth Amendment, Qualified Immunity

Jury Awards $5K Against Police Sergeant Who Did Bad Wiretap Arrest On Citizen Recording Him

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In a somewhat complicated, but encouraging, case, an Oregon federal jury verdict held the police liable for arresting a protester who was recording the officer with his camera. The arrest was made under the wiretap law, but Oregon’s wiretap law apparently doesn’t forbid the recording that was done in this case. Story here:

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/01/eugene_verdict_clarifies_law_p.html

Also of interest in this case was a ruling from the bench granting qualified immunity on the claim that the warrantless police search of the camera was unConstitutional. What made this ruling interesting was the forcefulness of the court’s finding that searching a modern digital camera incident to arrest is presumptively a 4a violation — the judge was clearly trying to provide qi-cognizable notice of what the law is in anticipation of future claims of qi by police in future similar cases. Court’s opinion here:

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FDCO%2020120119F56.xml&docbase=CSLWAR3-2007-CURR

Written by Burgers Allday

January 30, 2012 at 4:23 am

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