Oregon Woman Files Lawsuit Over Right To Record Video Of Police

PORTLAND, Ore. (CBSNewYork) -- All around the nation, smartphone users are becoming so-called "digital watchdogs," keeping a constant eye on police.

Now, an Oregon woman is suing after she says police confiscated the cellphone she was using to record video of an arrest.

The case raises questions about what someone's rights are when recording police activity, CBS2's Dick Brennan reported.

Carrie Medina shot the video two years ago after she jumped off a Portland bus when she saw a man being arrested by two police officers.

"When the bus came to a stop, I heard, 'Oooh, that must have hurt!' and that's when I noticed a young man on the street and the officer on top of him," Medina said.

Medina, who describes herself as a citizen journalist, began broadcasting the images live to the Web from her phone for four minutes, until a police officer came over.

"I don't need a subpoena to search your phone for evidence," the cop is heard telling her.

"It didn't get scary until he decided to grab the phone from my hand," Medina told CBS2.

Medina and the American Civil Liberties Union have filed a lawsuit against the officer, the cities of Portland and nearby Gresham and the transit agency, saying her First Amendment free-speech rights and Fourth Amendment rights against unreasonable search and seizure were violated.

Gresham declined to comment on the lawsuit, but said the police chief sent an email a month after the incident reminding officers that "videotaping by the public is part of police work today."

The practice of recording alleged police misconduct is a growing phenomenon.

One of the most prominent incidents happened on Staten Island in July, when a police officer was recorded placing Eric Garner in an apparent chokehold just before he died.

And in California, an onlooker shot video of a highway patrol officer beating a 51-year-old woman.

"I think it's important for the public to understand that when they're on public property and filming incidents that are occurring out in the public that they have the absolute right to do that," attorney Douglas Mirell said.