When Gaymon refused to stop recording, officer White cuffed her daughter and threatened to taser her, according to the lawsuit.
A police department in Pennsylvania is being sued after an officer allegedly entered a home without a warrant to confiscate a cellphone that was being used to record him. In the suit, several officers are accused of unlawful arrest, malicious prosecution, retaliatory arrest, unlawful search and a variety of other charges.
The lawsuit alleges that officer Carl White aggressively confronted plaintiff Michael Gaymon on February 22nd, because a family member's vehicle was illegally parked on the street. When the confrontation began to escalate, Kia Gaymon started to record the encounter with her cellphone.
This action allegedly upset officer White, who then threatened the woman with arrest if she did not stop recording. When she refused, White then entered the couple’s home without a warrant or permission and arrested 38-year-old Kia for "disorderly conduct".
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Michael and Kia Gaymon filed the lawsuit in the U.S. District Court for the Eastern District of Pennsylvania on Tuesday, along with their 21-year-old daughter, Sanshuray Purnell, who was also arrested, According to the Delaware County Times.
According to the lawsuit, when White realized that he was being recorded, he turned his attention from Michael to Kia, who at the time was backing up toward the house. When White began to approach her in a threatening manner, she backed up inside the house and continued to record. White then threatened to enter her home, confiscate her phone and arrest her for violating the state's "wiretapping statute", a charge that would not apply to this circumstance.
Gaymon continued to stand firm, telling the officer that he did not have permission to enter her home. White allegedly responded by grabbing Purnell, putting her in handcuffs and threatening to use a taser on her.
Gaymon was well within her rights to record the encounter and was in violation of no laws. Regardless, White still entered the home without permission or a warrant, confiscated Gaymon's property and arrested multiple members of the family for disorderly conduct. Court records indicate that those charges were dismissed in May.
John Vibes is an author, researcher and investigative journalist who takes a special interest in the counter culture and the drug war. In addition to his writing and activist work he is also the owner of a successful music promotion company. In 2013, he became one of the organizers of the Free Your Mind Conference, which features top caliber speakers and whistle-blowers from all over the world. You can contact him and stay connected to his work at his Facebook page. You can find his 65 chapter Book entitled “Alchemy of the Timeless Renaissance” at bookpatch.com.