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When Simon Glik videoed an arrest on Boston Common, the police arrested him for violating the wiretapping statute, among others. Those charges were later dropped, and deemed baseless.

Glik then filed a civil suit claiming violation of civil rights. The intelocutory appeal by the police was heard in June, and issued on Friday here. In part it reads “We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause…” They concluded the video was not secret, and so the police lacked probable cause.

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