Andrew Flinchbaugh was filming the aftermath of a single vehicle accident in Ocean County, New Jersey, on Jan. 8 when a police detective demanded that he hand over his video camera.
"This is not a negotiation," said the detective. "Do I sound like I'm negotiating with you?"
"Listen, you're not getting the camera," responded Flinchbaugh (video below).
Cnet reported that when the detective threatened to arrest him, Flinchbaugh responded, "Then you're going to have to place me under arrest."
"Don't, don't push me like that," said the detective.
Flinchbaugh claims that he was given permission to film the accident scene by first responders and even offered to give a video copy to police, but not his camera.
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"I refused because I believe that that's our First Amendment right," Flinchbaugh told NBC Philadelphia (video below).
Flinchbaugh claims he was handcuffed, taken to a police station and charged with obstruction of administration of law. He was released hours later with his camera. It now appears the entire arrest was a waste of taxpayer money.
"It would be my opinion that we'll probably be dismissing the charge against him," stated Ocean County prosecutor Joseph Coronato. "We never would have looked at the video without getting a search warrant and, based on our information, we didn't have the legal right to get the search warrant at that point and time."