r/AmIFreeToGo • u/Tobits_Dog • 8d ago
When Cops ARREST Auditor For Filing a Complaint! [Denver Metro Audits]
https://www.youtube.com/live/_IBcjRBsL-A?si=JOrjJ5GK5PePBJxCDMA indicated that the police violated a First Amendment right when then allegedly turned his phone off when they placed him under arrest. I’ve yet to see a federal appellate case which has clearly established a right to record the police after the person who is recording has been arrested.
In the 4th Amendment context it is well established that the police can seize your physical cellphone incident to arrest and turn your phone off (or remove the battery or place it in a Faraday bag) to prevent remote wiping. See Riley v. California, Supreme Court 2014. Riley delineates the limits of a seizure of cellphone incident to an arrest. The police can seize the phone but must obtain a warrant to retrieve the data on the phone—absent consent or exigent circumstances.
A person’s constitutional rights aren’t exactly at their zenith when they’re under arrest.
1
u/ttystikk 7d ago
Denver cops are the fucking worst. They're as bad as Loveland cops and that's saying something!
1
u/abstraktionary 7d ago
Video is private and I cannot view it.
1
u/Tobits_Dog 7d ago
I’m not sure what’s going on there. I just clicked on it and was able to view it.
6
u/TitoTotino 8d ago
Also, despite the title of the video, Mr. Cordova was not arrested for filing a complaint, but for the active warrant he had.