Kyle Hamilton has filed a federal civil rights lawsuit against the police department in St. Charles, Missouri, whom he claims took away his cell phone when he was filming some possible police brutality.
Hamilton (pictured) says he witnessed police roughing up a woman, who was not resisting arrest, outside a downtown bar on Aug. 16, 2013. In response, he pulled out his iPhone and began filming from across the street.
"An officer came up to me and took my phone and then I was held by an officer on a horse by the back of my shirt," Hamilton told KMOV (video below).
Hamilton alleges that police demanded the log-in for his iPhone and then erased the damning video without a warrant.
"Court after court has said the right of the public, the right of a citizen in a public place to observe and record police is vital and protected," stated Jeffrey Mittman, of the ACLU of St Louis, which filed the suit on behalf of Hamilton on Tuesday in St. Louis.
Hamilton’s lawsuit alleges that the cops violated his right against unreasonable search and seizure of his phone, reports StlToday.com. The lawsuit also claims assault and battery by police.
The St. Charles Police Department has not commented on the incident or the lawsuit.