FIRST AMENDMENT LAWYER
Attorney for First Amendment Auditors in Georgia and Virginia
Arrested, detained, or threatened while recording? Blake Weiner Law represents people whose constitutional rights have been violated.
Millions of dollars won
Numerous Jury Trial Victories
High Profile & Complex Case Victories
former Assistant U.S. Attorney
Attorney for First Amendment Auditors
First Amendment auditors document how police officers and public employees respond to people exercising their rights. When an encounter leads to an unlawful detention, arrest, search, or use of force, you may need both a criminal defense attorney and a civil rights lawyer.
Blake Weiner Law handles criminal defense and police misconduct matters in Georgia and Virginia. Attorney Blake Weiner is a former federal prosecutor and federal judicial law clerk who represents individuals seeking to defend their freedom and hold government officials accountable.
Contact Blake Weiner Law at (678) 490-9681 to discuss your encounter.
Your Right to Record Police
Recording police and documenting government activity can be protected by the First Amendment. In Smith v. City of Cumming, the Eleventh Circuit recognized a right to photograph or videotape police conduct, subject to reasonable time, place, and manner restrictions.
The details matter: where you were standing, what you were recording, whether you interfered with official duties, and what officers knew before they detained or arrested you.
A camera does not give someone unlimited access to every government building or restricted area. Recording rules may differ between a public sidewalk, a government office lobby, a courtroom, and private property. An attorney can evaluate whether the restriction—and the way officials enforced it—was lawful.
Legal Representation After a First Amendment Audit
Blake Weiner Law evaluates incidents involving:
Detention or arrest for recording police or government activity.
Trespass, obstruction, or disorderly conduct charges arising from an audit.
Retaliation for protected speech or criticism of public officials.
Searches or seizures of phones, cameras, and recording equipment.
Excessive force during a recording encounter.
Allegedly false statements used to obtain an arrest warrant or pursue charges.
The investigation focuses on the complete encounter, including your original footage, body camera recordings, dispatch communications, witness accounts, and police reports.
Criminal Defense for First Amendment Auditors
f you were charged with a crime during an audit, protecting your defense is an immediate priority. What you say publicly about the encounter may affect both the criminal case and a later civil lawsuit.
Blake Weiner Law examines whether officers had a lawful basis to stop or arrest you, whether the alleged conduct satisfies the charged offense, and whether the evidence supports a constitutional challenge. Your footage may reveal important differences between what happened and what appears in the police report.
Can You Sue After an Arrest for Recording?
Depending on the facts, an encounter may support a federal civil rights lawsuit under 42 U.S.C. § 1983 or other applicable law.
An arrest connected to recording does not automatically establish a successful lawsuit. A First Amendment retaliatory arrest claim ordinarily requires showing a lack of probable cause, although exceptions exist. The Supreme Court addressed one such exception in Gonzalez v. Trevino.
A careful review must also consider which officials were responsible, the applicable law, available evidence, and potential defenses such as qualified immunity.
If you believe you were arrested without probable cause, learn more about your rights from our Georgia False Arrest Lawyer page.
For information about other constitutional violations involving law enforcement, visit our Georgia Police Misconduct Lawyer page.
Frequently Asked Questions
Can I record inside a government building?
Sometimes. Public ownership alone does not establish an unrestricted right to record throughout a building. The answer depends on the particular space, its use, the applicable restrictions, and how those restrictions were enforced.
Can I sue if my charges were dismissed?
Dismissal can be important, but it does not by itself prove that your constitutional rights were violated. The circumstances of the detention, arrest, and prosecution still require review.
What should I preserve?
Keep the complete, original recording and a backup. Preserve citations, arrest paperwork, court records, photographs, witness information, and communications about the incident. Edited clips can help explain an encounter, but the full recording is important when evaluating a case.
Can your firm review my video?
Contact the firm with a short description of what happened, the location and date, whether charges remain pending, and how the complete recording can be accessed. The firm can then discuss whether an investigation or representation is appropriate.
Contact an Attorney for First Amendment Auditors
If an audit or recording encounter resulted in criminal charges or a possible violation of your rights, contact Blake Weiner Law to discuss your legal options.
Call (678) 490-9681 or use our contact form.
Contacting the firm does not create an attorney-client relationship. Representation begins only after the firm accepts the matter and a representation agreement is completed.
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