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Saturday, September 22, 2012

Crucial Appellate Court Ruling Regarding Trenton Filmmaker Kell Ramos, Bloggers and Citizen Journalists Recording the Police or Other Public Officials Performing Their Official Duties in Public.

Trenton Filmmaker Kell Ramos

     A very important Appellate Court Decision handed down on September 21st, 2012 affirms every citizen's right to videotape or otherwise record with any device the police and other public officials while they are publicly performing their sworn duties.

     Kell Ramos, A Trenton filmmaker sued the police for violating his right to film gang activity in Trenton for a documentary; footage he later sold to the History channel. Specifically he was harassed and threatened by Trenton Police Officer Herbert Flowers in violation of his Constitutional Rights.

     A judge ruled against letting the Lawsuit proceed; granting the Police Officer Qualified Immunity. Ramos lawyer Patrick Whalen and the NJ ACLU filed an appeal and the judges ruling was reversed and remanded.

     The Appellate Court held that citizens, bloggers, citizen journalists (those of us without a press pass) has the Constitutional Right to record the police or for example, public (elected or appointed) officials at City Council meetings, during the performance of their duties.

     If you are a citizen which has been ordered to "stop recording" by a Trenton police officer or had your recording device confiscated or have even been arrested; call Patrick Whalen, his info is to the right of this post.

     Read the decision below. Enjoy and congratulations Patrick Whalen and Kell Ramos and the NJ ACLU for scoring a big win for the little guy!

Appellate Opinion Kell Ramos

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