Two Massachusetts cops forcibly entered a home, slapping a woman and trying to swipe a camera out of a man’s hands in a chaotic incident in which the man ended up dialing 911.
A risky move that could have easily escalated the armed home invasion.
It is not clear at this moment why the cops were at the home, but they can be heard later in the video saying they were not planning on arresting anybody. But one cop still remained standing in the doorway, his foot planted in the doorway, preventing the woman from closing the door.
The Free State Project, which came across the video on Facebook today, said they have reached out to the Wareham Police Department for answers, only to receive no comment. In the opening of the video, the man, identified by the Free State Project as Richard Phillips, announces to the cops that he is recording to comply with state law, which prompted officer George Chandler to smile and wave.
But then officer Jon Verhaegen entered and tried to snatch the camera.
However, as stringent as the Massachusetts wiretapping law is in not allowing citizens to secretlyrecords cops, even if they have no expectation of privacy, the Glik vs Boston decision stated that one only has to make the camera visible.
As soon as the police officer stepped across the threshold of the door to put his foot into the house he engaged in illegal activity without permission or privilege under law. Without a search warrant and under no fear for his own life, he has no legal grounds for the behavior he initiated. Slapping, or any touching of the grandmother, is an assault and battery not protected under law. The police department in question has placed itself in a position of legal liability civilly. The officers could be held liable both criminally and civilly since their behavior exceeded the scope of their legal authority under the circumstances.
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