Alberto Troche is suing the city of Orlando, Fla., and a police officer for arresting him because he was filming police making another arrest on Dec. 7, 2013.
According to Troche's lawsuit, he heard a man yelling for help, was worried that police officers were using excessive force and started filming the arrest in downtown Orlando on his cell phone, noted WESH.
During the arrest, Orlando police told Troche and other citizens not to film (video below).
When one woman refused to stop filming, Officer Peter Delio took “the cell phone by force without requesting consent from the bystander to seize the cell phone,” claims Troche's lawsuit.
Delio then reportedly told the crowd, "Listen to me, anybody else want to keep videotaping and I’ll take your phone for evidence as well! Please! Continue videotaping! I encourage it!”
When Troche continuing filming with his cell phone, Delio walked up to him and said, “Good, I’ll be taking that.”
After Troche refused to give up his cell phone, Delio took the phone by force, arrested him and placed Troche in a police cruiser.
Delio’s arrest report claimed that he told Troche that his phone contained evidence of a crime and that the video would need to be taken for evidence. "Troche said he was not going to provide the phone to me and thrust his left hand forward into my chest,” Delio said.
However, according to the cell phone video, those statements were not made by Delio.
Troche claims he was in jail for 15 hours on charges of “resisting arrest without violence,” reports the Orlando Sentinel.
Ultimately, the state attorney's office dropped the case against Troche.
He is suing the city of Orlando and Delio for violation of constitutional rights, false arrest and false imprisonment.