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Reason
Reason
Politics
Eugene Volokh

Right to Videorecord Police Clearly Established, Violated by Blocking Camera and Shining Light Into It

From today's decision in Irizarry v. Yehia, decided by Judge Scott Matheson, joined by Judges Paul Kelly and Carolyn McHugh:

Early in the morning on May 26, 2019, Abade Irizarry, a YouTube journalist and blogger, was filming a DUI traffic stop in Lakewood, Colorado. Officer Ahmed Yehia arrived on the scene and stood in front of Mr. Irizarry, obstructing his filming of the stop. When Mr. Irizarry and a fellow journalist objected, Officer Yehia shined a flashlight into Mr. Irizarry's camera and then drove his police cruiser at the two journalists.

The court held that, if the facts were as alleged, then this behavior was unconstitutional, and clearly established to be so (and thus not protected by qualified immunity):

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