(KMOV) -- A federal lawsuit is alleging that St. Charles police officers seized a cell phone from a man who was recording them during an arrest.
Kyle Hamilton said it happened in the summer of 2013 along Main Street in St. Charles when he said he witnessed police being rough with a woman and started recording it on his phone.
"An officer came up to me and took my phone and then I was held by an officer on a horse by the back of my shirt," Hamilton told News 4 from his home in New York City.
Hamilton said police then asked for his passcode and then deleted the video.
The ACLU in St Louis is taking on Hamilton's case filed a suit in Federal Court in St Louis.
ACLU Executive Director Jeffrey Mittman said police violated Hamilton’s constitutional rights.
"Court after court has said the right of the public, the right of a citizen in a public place to observe and record police is vital and protected."