Three Connecticut state police officers who ticketed a protester in West Hartford and took away his camera have been ordered to stand trial.
Michael Picard was recording police by the side of the highway in 2015 when one came up to him and took his camera away.
“It’s illegal to take my picture, personally, it’s illegal…Did you get any documentation I’m allowing you to take my picture?” “No, but you’re on public property.” “No, I’m not, I’m on state property.”
Picard was charged with reckless use of the highway and creating a public disturbance. Those charges were later dropped. In 2016 the ACLU, representing Picard, sued three officers heard in the video.
Connecticut ACLU Legal Director Dan Barrett says officers violated Picard’s First Amendment right to free speech and his Fourth Amendment protections against unreasonable search and seizure.
“The defendants appear to have taken Mike’s camera without a warrant or without any of the lawful reasons necessary to take somebody’s property. Evidence suggests they did that because they simply wanted to take it away from him, almost as if you would take something away from a child that you were trying to discipline.”
An internal affairs investigation in 2017 said there was no evidence the officers conspired to concoct charges against Picard, but didn’t address the phone confiscation.