What First Amendment? U.S. Marshall Smashes Cell Phone Of Woman Who Was Filming Him (VIDEOS)

A woman whose cell phone was grabbed and smashed by a federal officer is considering filing a lawsuit over the incident.

Beatriz Paez was out for a walk on Sunday, in South Gate, a suburb of Los Angeles, when she says she spotted officers from several different law enforcement agencies ahead of her. Those officers had their weapons drawn, and pointed at the heads of several people who were lying on the ground, with their hands behind their backs. Paez decided to record the scene.

As Paez was recording with her cell phone, a U.S. Deputy Marshall approached her, knocked the phone out of her hand, and kicked it. The confrontation was caught by another bystander, who was recording from across the street.

The woman who recorded what happened to Paez does not want to be identified, but she was appalled by what happened. She tells Los Angeles’s NBC 4,

It was despicable. It was uncalled for. As soon as… when he snatched the phone away from her it actually startled me I got scared, I had to stop recording because… it was just too scary. This is a big man coming towards you with a big gun. It’s scary.

Here is the video the woman captured of Paez being assaulted by the deputy, via YouTube (caution, strong language):

Paez considers filing a civil rights lawsuit.

Paez’s attorney, Colleen Flynn, says that she plans to file a federal civil rights lawsuit over the first amendment violation. “There was some police activity going on,” Flynn says. “My client was in no way interfering with that police activity. As long as you’re not interfering, you absolutely have a right to film police in public.”

Hector Villagra, executive director of the Southern California ACLU, tells the Los Angeles Times,

There is no situation in which an officer can intentionally grab and destroy a camera being used to lawfully record law enforcement. The officer’s conduct is a blatant and deliberate violation of the Constitution and his duties as an officer to abide by the law.

Confrontations like this make you wonder a couple of things. First, why are police so afraid of being recorded while doing their job? And second, if some police officers are unaware that it is legal for citizens to record their activities in public, do we have a large number of police who are unfamiliar with other laws as well?

Here’s a report, via NBC 4:

Featured image via YouTube screen capture

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  • Eddie Higgins

    Do it gil file that Lawsuit ,the Supreme Court has already said it is legal to record LEO’s !

  • Hoosgow

    What’s to consider??? File a complaint against the officer and department and get the lawsuit going. This can happen in Calif??

    • Jeigh Neither

      I’m sorry Hoosgow, but you’re a little naive. This happens everyday in California. Los Angeles officers have a well earned bad reputation. As a New Yorker who just spent the last 3 years working in DT LA, I can tell you I’ve never seen such blatant disrespect for the public as I did in LA. Nearly everyday. That’s just with regular working folks, you can forget any rights, or even being treated like a human being if you’re homeless or disabled in DT. Of course this isn’t all officers, but it’s and overwhelming amount. One is too many.

  • Hoosgow

    Pointing a gun at a bystander should also be a very serious offense. Cause for dismissal. A police officer should never point a gun at a person he wouldn’t shoot.

    • Dara Ahrens

      You’re funny. With all the hosing down of unarmed humans, do you honestly believe they would EVER get charged with a single thing they couldn’t victim blame away?

  • olinross

    wow
    5 million ………

  • mcgtrinsofla

    what a PIG,,,,,,,,,,,

  • Dara Ahrens

    How hard is it for the “news” station, wanting to “obscure” the Bozo’s face in case he was doin an undercover party, having it filmed by yet Another party across the street, have an old Stoner woman (doin dangerous things in her home) come along and dump his ugly obscured face with his Crony Ponies thuggin up on a young lady? Had to make a special place for this young lady to reside.

  • Doren Davis

    I hope she get’s paid.