This YouTube video is a wonderful example of how citizens can use their 1st amendment right — to film in public — to protect their other rights.
If this man did not have a camera, and didn’t warn the officers that they were going “straight to YouTube”, I’m pretty sure they would have come into his house without a warrant.
Congratulations to this anonymous man for upholding his 4th amendment right to avoid a warrantless search:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
United States Constitution – 4th Amendment
(Bill of Rights)
This encounter comes after a recent US court ruling that re-affirms the right of citizens to film police officers in public.
“It is clearly established in this circuit that police officers cannot, consistently with the Constitution, prosecute citizens for violating wiretapping laws when they peacefully record a police officer performing his or her official duties in a public area,” the appeals court said
This ruling is based on the 1st amendment of the US Constitution:
Congress shall make no law … abridging the freedom of speech, or of the press