ABC7 News - 2nd August 2011 .
EUA: cidadãos sendo presos por filmar polícia em ação. Celulares sendo confiscados.
There is no law providing an officer grounds to confiscate a camera or phone, destroy film, or arrest an individual for filming the officer on public property. The astonishing part is not only that the police were on a public street while being filmed thereby dismissing any ability to invoke wiretapping laws.
A public officer on a public street in the middle of the day in front of someone’s house has no reasonable expectation of privacy or confidentiality of the communication. Therefore, the officer did not arrest him for a wiretapping violation, but instead for “interfering with a police officer in the performance of his duties”. As the consultant mentions at the end of the video, this is a clear violation of the Fourth Amendment to the Constitution. First of all the officer had no probable cause to come onto his property and furthermore had absolutely no reason to claim the individual’s phone as “evidence”.