Another victory in the long battle to assure that citizens have the right to record public scenes and incidents free from arrest:
NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ), Seton Hall Law School’s Center for Social Justice (CSJ) and the City of Newark have reached a successful settlement in the case of Khaliah Fitchette, a Newark teenager who was illegally detained by police for using her cellphone to record an incident on a public bus in March 2010.
In addition to the settlement, Police Director Samuel A. DeMaio has issued a training memorandum that affirms the rights of citizens to record police officers performing their duties and makes clear that officers cannot confiscate, delete, or demand to view a citizen’s photos or video without a warrant. The memorandum was issued in November 2011, as Fitchette’s lawsuit was pending.
The department will train officers on the new policy.