Walkie-Talkie Cops Lawsuit: $80,000 Settlement and Apology

You generally cannot be lawfully arrested for recording a police traffic stop from a distance, and a Colorado case shows what can happen when a deputy does it anyway: Adams County paid $80,000 in November 2025 to a man arrested for recording a traffic stop and asking the deputy for his name and badge number.¹

What Happened on U.S. 85

On February 5, 2024, Barry Zatkalik, a former Denver Police reserve officer, was driving on U.S. 85 near 104th Avenue in Commerce City when he saw Adams County Sheriff’s Deputy Walter Berlinski speeding without lights or sirens.² When Berlinski pulled another driver over, Zatkalik stopped nearby, began recording from a distance, and asked the deputy for his name and badge number so he could file a complaint about the driving.³

Berlinski instead demanded Zatkalik’s license and insurance, threatened him with a Taser, and arrested him for obstruction.²

The Supervisor Apologized on Camera

A supervisor, Detective Sergeant Eric Brodheim, arrived at the scene and apologized to Zatkalik on body camera, telling him, “You’re right, some of these guys, they forget that it’s not against the law for someone to videotape your traffic stop, it’s not against the law to pull to the side of the road, it’s not against the law to make a comment.”² Body camera video also reportedly captured Berlinski telling other deputies the arrest was “weak” and lacked probable cause.⁴

What the Sheriff’s Office Told the Deputy

About a month later, the Adams County Sheriff’s Office issued Berlinski a Letter of Reprimand for violating its courtesy rule. The letter said Berlinski needed to remember that “the public has a right to pull over and video or take pictures if they choose to,” and that when a citizen asks for a deputy’s identifying information, the deputy “is required to give to them… and not get into an argument with the citizen.” Berlinski remained employed by the sheriff’s office as of November 2025.⁴

The $80,000 Settlement

Zatkalik retained Maddie Schaefer of Killmer Lane LLP, a Denver civil rights firm. In May 2025, the firm sent Adams County a formal letter announcing his intent to sue for wrongful arrest and First Amendment violations.² No lawsuit was filed. The county agreed to pay $80,000, and the payment was confirmed in November 2025.¹

Schaefer said in a statement that “it is not illegal to film police officers from a distance, and it is not illegal to ask for an officer’s name and badge number for purposes of making a complaint,” adding: “We still live in a country where the First Amendment protects criticism of police, and Mr. Zatkalik was arrested in direct retaliation to his exercise of that right.” She argued the only thing Zatkalik obstructed was “Berlinski’s attempt to unlawfully and unconstitutionally arrest him.”²

Why the Law Was Already Clear

In 2022, the U.S. Court of Appeals for the Tenth Circuit, which covers Colorado, ruled in Irizarry v. Yehia that recording police officers performing their public duties is protected by the First Amendment.⁵ The court held that the right was well established, so officers in Colorado could no longer claim they didn’t know interfering with a recording was unconstitutional.⁶ By the time Berlinski arrested Zatkalik nearly two years later, that ruling left the county little ground to defend the arrest, which likely pushed it to settle before litigation.

1
Colorado Freedom of Information Coalition. Adams County to Pay $80,000 Settlement in First Amendment Case After Deputy Arrested Man for Videoing Traffic Stop
2
Denver Post. Adams County Sheriff Recording Traffic Stop
3
Colorado Freedom of Information Coalition. Adams County Pays Man $80,000 After He Was Arrested While Recording Deputy, Complaining About His Speeding
4
9News. Adams County Sheriffs Deputy Settlement Latest
5
Reporters Committee for Freedom of the Press. 10th Circuit Right to Record
6
First Amendment Watch. 10th Circuit Court of Appeals Upholds Public Right to Record Police