People v. Nunn

Defendant was convicted, after jury trial, of aggravated battery of a peace officer and resisting arrest. Police came to scene of verbal altercation between Defendant, her ex-boyfriend, and his girlfriend. Defendant kicked at officer, and then officer handcuffed her and threw her to the ground, causing her front teeth to be knocked out. Officers ordered large crowd assembled, many of whom had recorded arrest on their cell phones, to turn over their phones or to delete their recordings or they would go to jail. Officers believed that witnesses had a right to record arrest and officers had the right to seize cell phones. Thus, actions of officers were in bad faith in failing to preserve and in ordering destruction of recordings, and thus Defendant was deprived of her due process right to a fair trial. (McDADE, concurring; SCHMIDT, dissenting.)