CONCORD, N.H. (AP) - A federal appeals court is refusing to throw out a New Hampshire woman's lawsuit against the Weare police department, saying she had a constitutional right to videotape a police officer during a traffic stop.
The 1st Circuit Court of Appeals says citizens may videotape police officers performing their duties unless an officer orders them to stop recording for legitimate safety reasons.
The court in its unanimous ruling Friday rejected arguments by Weare officers that they should be immune from liability.
The ruling allows Carla Gericke of Lebanon to pursue her civil rights violation claims that Weare police charged her with illegal wiretapping in retaliation for her videotaping a 2010 traffic stop of a friend.
The lawyer for the Weare Police Department says the officers could still prevail when tried.
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