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ST. CHARLES, Mo. - If you're standing in a public area videotaping police officers, do the officers have a right to erase your video? It looks like that's what the judicial system will have to decide.

Kyle Hamilton, a St. Charles native who now lives in New York, filed a lawsuit through the ACLU claiming St. Charles police trampled on his constitutional rights. He says back in August when he was visiting, he was leaving a bar on Main Street with some friends when he witnessed cops, as he says, aggressively holding down a young lady who was not resisting.

Hamilton thought the police were out of line, so he began recording the encounter on his cell phone. He says he was not near the officers or getting in their way, but that they came to him, restrained him to the point of ripping his shirt and bruising him, and took his phone and erased the video. He says he hopes his lawsuit will make a statement.

"About a department that has many complaints against it finally understanding that they don't have free reign over the constitution," said Hamilton.

Hamilton, along with a business owner, the police are often aggressive on Main Street.

NewsChannel 5 reached out to the city, but so far they have not commented.

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