October 18, 2012 8:39AM # Cops on Camera Update By [Caleb O. Brown](https://www.cato.org/people/caleb-o-brown) --- SHARE A Maryland judge [has thrown out the first of three assault charges against two police officers](http://washingtonexaminer.com/judge-throws-out-charge-against-cops-in-u.md.-beating-trial/article/2511009) who were [caught on tape beating student John McKenna](http://www.dailymail.co.uk/news/article-1266003/FBI-launch-investigation-shocking-footage-police-beating-student-provokes-outrage-United-States.html) after a 2010 University of Maryland basketball game. The judge said “there was not enough evidence” to show the officers were engaged in first-degree assault. Second-degree assault and official misconduct charges remain. We might argue about whether dropping those charges was the right call. What we know for certain is that before the tape surfaced, *McKenna was the one charged with assaulting officers and a police horse*. A good samaritan’s cell phone video was the only thing standing between justice and the student being branded a criminal and thrown in jail. The lesson should be clear. Citizens recording police encounters can reveal truths the police might prefer to hide. Evan Banks and I [made a short video detailing the incident](http://www.youtube.com/watch?v=tE8Xom38Rd8) (among others) and the importance of protecting the right of bystanders to record the police. ##### Related Tags [Government and Politics](https://www.cato.org/government-politics), [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).