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Imagine you are strolling through the Boston Common and you see three Boston police officers using force to arrest a young man on a park bench. Someone shouts, “You’re hurting him!” You think this looks like police brutality. Do you pause to watch? Do you perhaps take out your cell phone and begin recording the arrest from a safe distance? Even if you would rather walk on by, would you be at all surprised if other bystanders pulled out their cell phones to videotape the event?
This is exactly what attorney Simon Glik did on October 1, 2007. And as August’s decision from the First Circuit Court of Appeals affirmed, it is perfectly legal. When an officer asked Mr. Glik to stop taking pictures, Mr. Glik responded, “I am recording this. I saw you punch him.” The officers then handcuffed Mr. Glik and arrested him for illegal wiretapping (a felony), aiding the escape of a prisoner, and disturbing the peace. The charges were eventually dismissed.
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