Glik v. Cunniffe (TA35) PDF

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Glik v. Cunniffe (TA35)
Professor: John Bender ...

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JOMC 486 TA35 14 November 2016

Glik v. Cunniffe In this case, Simon Glik was arrested when he filmed several police officers arresting a young man. He filmed it with his digital video camera which were in violation of Massachusetts wiretap statute, alongside two other baseless law (disturbing the peace, and aiding in the escape of a prisoner) offenses that were ultimately dismissed. In the appeal, the defendant police officers are challenging the district court. They are denying qualified immunity on the constitutional claims surrounding Glik’s case. The conclusion of the case, rested with the clearly established First Amendment rights. These rights were violated when the defendant police officers arrested Glik without probable cause. This case revolves closely with the Fourth Amendment, which states that an arrest be grounded on probable cause. The questions surrounding immunity from Glik’s Fourth Amendment claim include two of the following point; were Glik’s Fourth Amendment rights violated, and was the absence of probable cause clearly established under the circumstances. The presence of probable cause was not arguable in this case. The police officers were aware of the recording that was occurring, therefore there is no basses in the law for a reasonable officer to conclude that the act of recording was conspicuous. The order affirms the district courts decision denying the appellants claim of qualified immunity....