GERICKE v. BEGIN

No. 12-2326.

753 F.3d 1 (2014)

Carla GERICKE, Plaintiff, Appellee, v. Gregory C. BEGIN, Weare Police Chief, in his Individual and Official Capacities; James J. Carney, Lieutenant, Weare Police Department, in his Individual and Official Capacities; Joseph Kelley, Sergeant, Weare Police Department, in his Individual and Official Capacities; Brandon Montplaisir, Police Officer, Weare Police Department, in his Individual and Official Capacities, Defendants, Appellants, Weare Police Department, Town of Weare, Defendants.

United States Court of Appeals, First Circuit.

May 23, 2014.


Attorney(s) appearing for the Case

Charles P. Bauer , with whom Robert J. Dietel , Gallagher, Callahan & Gartrell, P.C., Corey M. Belobrow , and Maggiotto & Belobrow, PLLC were on brief, for appellants.

Seth J. Hipple , with whom Stephen T. Martin and The Law Offices of Martin & Hipple, PLLC were on brief, for appellee.

Before THOMPSON, SELYA and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

This case raises an important question about an individual's First Amendment right to film a traffic stop by a police officer. Carla Gericke attempted to film Sergeant Joseph Kelley as he was conducting a late-night traffic stop. Shortly thereafter, she was arrested and charged with several crimes, including a violation of New Hampshire's wiretapping statute. Gericke was not brought to trial. She subsequently sued the Town of Weare, its police...

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