Chris Hoover was filming police outside a Walmart in Lakeside, Colorado, on Monday while they arrested a suspected shoplifter.
The cops demanded that Hoover turn over his cell phone as evidence, however, when Hoover refused to do so, he was handcuffed.
Hoover's video (below) shows officers holding a screaming male suspect down on the concrete. One of the cops looks up and notices that he is being filmed by Hoover.
"That phone is evidence. I want it," says the officer, but Hoover replies, "It's mine."
The video ends, but Hoover told 9 News that the officer threatened to arrest him for obstructing justice and promised to get a search warrant to seize his cell phone and the video (on the phone) as police evidence.
ACLU Colorado Director Mark Silverstein told 9 News that police can ask for a copy of the video or get a search warrant, but they cannot take personal property unless it's an emergency situation.
Hoover eventually sent the police officer a copy of the video via email, but might take legal action against the police department, which refuses to comment, but stands by the actions of the officer.
The U.S. Justice Department issued a memo in 2012 that clarified the rights of citizens to film police based upon court rulings, noted PhotographyIsNotaCrime.com: "Recording governmental officers engaged in public duties is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers."