CONCORD — Police were wrong to seize a man’s cellphone without a warrant after he recorded officers responding to a fight at a Manchester convenience store, the ACLU of New Hampshire said in a federal lawsuit.
The ACLU said Neil Pineda-Landaverde was a bystander filming the interaction between officers and multiple people on Oct. 17, 2019. His wife worked at the store. After seizing the phone, police kept it without getting a warrant for over two weeks, according to the complaint. It was returned in December.
The ACLU sued three officers and the city Monday, alleging that the officers violated Pineda-Landaverde’s Fourth and First Amendment rights.
The Fourth Amendment says the police can only take someone’s property if they have a warrant or consent, unless there is an “exigent,” or urgent, circumstance. Under the First Amendment, a member of the public has a right to record police in a public place when the officers are acting in the course of their official duties and the recording doesn’t interfere with them.
The lawsuit asks for a jury trial and unspecified damages.
A police spokeswoman said the department was aware of the lawsuit and referred questions to the city solicitor’s office. A message seeking comment was left Friday.
As your daily newspaper, we are committed to providing you with important local news coverage for Sullivan County and the surrounding areas.