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NH Man Arrested for Videotaping Police

macinrack writes to mention a story about a New Hampshire man who was arrested for videotaping police on his doorstep, using a fairly standard security camera system. He was officially charged with 'two felony counts of violating state eavesdropping and wiretap law by using an electronic device.' From the article: "The security cameras record sound and audio directly to a videocassette recorder inside the house, and the Gannons posted warnings about the system, Janet Gannon said. On Tuesday night, Michael Gannon brought a videocassette to the police department, and asked to speak with someone in 'public relations,' his wife said and police reported. Gannon wanted to lodge a complaint against Karlis, who had come to the family's house while investigating their sons, Janet Gannon said. She said Karlis showed up late at night, was rude, and refused to leave when they asked him."

52 of 1,232 comments (clear)

  1. sigh by Anonymous Coward · · Score: 5, Insightful

    And they wonder why people don't respect the police...

    1. Re:sigh by letxa2000 · · Score: 4, Insightful
      Not defending the charges in this case (which do seem 100% bogus), but I have found that if you respect the police, they will respect you. If you treat the cops like assholes, they'll probably do the same to you. Now arguably it shouldn't be that way since the cops should be expected to behave professionaly even if the citizen doesn't. The reality, though, is that police are people too and just like we probably would not react perfectly to someone treating us with disresect on the job, police probably don't either. Treating others how you want to be treated is a good way to live life and usually brings the exact results you're looking for.


      Now something definitely seems wrong with this police department since the charges are nonsense and it seems like, at that point, they are harassing the citizen. But they do mention the guy's kid is being investigated for some crimes, the guy hasn't been cooperative in the past, and has been verbally abusive. And my completely inappropriate "judge a book by its cover" sensors tell me that by looking at the guy's picture in the article, he rather looks like an uncooperative, verbally abusive redneck. So I suspect that while these charges against him are completely wrong and inappropriate, I get the distinct feeling this isn't some average Joe that's being randomly victimized for no reason by the police. I think there's more to the story here than we know.

    2. Re:sigh by Romancer · · Score: 5, Insightful

      So the police with their dash cameras and the tollbooths with their license plate cameras, and the stop light cameras, grocery stoor security cameras, mini mart cameras, department store cameras and even the security cameras that they have in the police station where he was arrested are all ok, but on his private property where he lives and is getting harrassed, he can't use one to show the police what they've done to violate his rights?

      yeah, ok. now which way to canada?

      PS, in the article the police try and argue what happened at his house, if he warned them about the camera and if he had posted signs about the camera.

      now if there's video tape of those events and facts, just review that. no argument. no problem. case closed.
      I'd like to see if the cops are on film warning motorists that they are on camera every time they get pulled over. now compare.

      --


      ) Human Kind Vs Human Creation
      ) It'd be interesting to see how many humans would survive to serve us.
    3. Re:sigh by aplusjimages · · Score: 5, Insightful

      At my work if the client treats me like an asshole, I get fired if I return the favor. You think cops would be held to the same standard. A 16 year old at McDonald has to follow that rule as well.

      --
      Can I bum a sig?
    4. Re:sigh by AmericanInKiev · · Score: 5, Insightful

      Yes - stellar advice. Works wonderful throughout the world - look at how we treated the Indians - they respected the us and made a peace treaty with the us, and the us ran them out on the trail of tears; oh yeah - and the slaves were probably all victims of resrespecting authority.

      Yes - in your lilly-white gated community, if you tip your fedora to the cops and never question the discrimination de jur, you will probably not have your flat flattened. but if you happen to embrace an unpopular economic theory; stand by to be victimized.

      By the way - please continue to enjoy the freedoms which people such as yourself have not and could never have defended, advanced, or invented. The ignorant are blessed with the same liberties as those by whose toil, vigilance, perception, and sacrifice - all personal freedoms are maintained.

      It doesn't really matter if there is more to the story or not - the important fact is that the police are trying to set a precedent that one cannot - in one's own home - operate a camera for the purpose of defending one's self against aggressors. If we allow civil rights to be eroded for others - the erosion will quickly spread to one's own front door.

      AIK

    5. Re:sigh by IAmTheDave · · Score: 3, Insightful
      I think there's more to the story here than we know.

      There may be, and I agree with you about the whole "treat your neighbor as you would be treated" thingy... BUT...

      The fact remains that he was arrested at the police station where he voluntarily went, with video tape in tow. They didn't arrest him until they found out they had been taped by a security camera. Now, apparently security cameras are legal for businesses, for govn't installations, but according to the police department, are now illegal for securing your own home without the consent of the person that you don't want at your house.

      Further, the police were there without a warrant, which means they are unallowed to sieze anything, including the video tape. Beyond that, although I suppose the man's front stoop is considered private property, you have no right outside of your own home to not be videotaped, as is apparent in any store/stadium/street/elevator/etc. as well as upheld by courts.

      Now, I have to imagine that this will be crushed by the courts - I cannot believe that you cannot tape your own premises for safety - or WHATEVER - reason. Should you be allowed to, I am having flashbacks to reading 1984 with our hero hiding from the eyes of the ever-on cameras in his home.

      Tin-foil hat aside, to your idea of whether or not this person was a PITA to the police at his house that night, well... it's apparently all on tape ;)

      --
      Excuse my speling.
      Making The Bar Project
    6. Re:sigh by ScottLindner · · Score: 3, Insightful

      What if the cop is the dirt bag?

      I truly was given a speeding ticket at 3am on a Tuesday morning for driving 1MPH over the speed limit, cop was sitting right at the reduced speed sign where the speed dropped from 55MPH to 25MPH, and there was a light that was red immediately after the sign he was at. I was the only car on the road. I tried being nice.. he acted like a prick to me about it.

      Cops are pricks.

      --
      Slashdot.. where people join together in deliberate ignorance.
    7. Re:sigh by Spud+Stud · · Score: 4, Insightful

      Do the "cruiser-cams" in patrol cars record audio? Without my consent?

    8. Re:sigh by binary+paladin · · Score: 5, Insightful

      Dead on. Dead on.

      The problem is that in our society we have arbitrarily elevated cops to the status of "real" heroes because they "risk their lives everyday for the 'safety' of the community." A few months ago a metro officer was killed in the line of duty and there was this huge procession and they made a big deal about it.

      What no one bothered to mention is that it had been nearly 15 years since a metro cop had been killed. More people are killed/maimed/whatever working on construction sites here. Way more. The fact is that we've put these servants, and that's what they are, on a pedestal when it's a job they should serve with humility and compassion for their community.

      For everyone one "real" criminal they haul in I wonder how many nothing-but-revenue tickets they pass out? There's nothing "heroic" or "honorable" about hiding your car in a poorly marked 25 zone that some jackass decided should take up a block in the middle of 45s and ticket people there. Which is another problem. Popular media shows cops fighting dangerous "real" criminals most of the time. Even the show Cops doesn't show some guy sitting in a car, "This is Unit 328, hiding here at the bottom of a hill where people generally go faster than normal. We've made over $3,000 on tickets today and we've still got a few hours to go. One day and I've almost made my entire week's quota."

      And EVERY cop is dirty. Every single one of them. Either by their actions or their omissions. Ask ANY cop whether or not he/she knows a dirty cop. They'll say yes. After that, ask that person what he/she has done about said dirty cop. Nothing. A big fat nothing. And what's worse is when SOMETHING does happen they always get some ridiculous slap on the wrist. If I worked for a company that got sued for $50,000 and LOST on account of something I did, I'd be gone. I'd be fired. Not here. They get a week of PAID suspension and they're back on the street supposedly learning their lesson.

      THey've become an elevated class and just like all elevated classes, they act the part. Like pricks. Total pricks. If they accuse you, regardless of what procedures they seem to ignore, you're guilty and that's that. Add that to the fact that there's no fucking accountability for lower court judges in this country, it's just easier to plea out even if you haven't done anything wrong because they make it expensive to fight.

    9. Re:sigh by SealBeater · · Score: 5, Insightful

      But the fact is only about 20% are assholes and some cops can become assholes by assholes.

      I'm willing to believe that 99% of cops treat their co-workers different than they do civilians.


      Its obvious he was obstructing Justice and to have a son on weapons charges will bring many police into the picture.


      So, by your definition, refusing to allow a police officer into your home is obstruction of justice? That's a reason to knock on a door at 11:30pm, stick your foot in the door and refuse to leave? If he wasn't a cop, I would have either forcably removed him or shot him. The attitude of "well, he didn't cooperate, so he deserves what he gets" is rather commonplace amoungst cops. Our "cooperation" ends where our legal rights begin. Most cops are assholes, simply because they believe that our rights aren't as important as thier job.

      SealBeater

      --
      -- Its survival of the fittest...and we got the fucking guns!!!
    10. Re:sigh by wealthychef · · Score: 4, Insightful

      There are assholes everywhere, but it is a well-known fact that if you put nice people in positions of absolute authority over others, they turn into tyrants. The degree to which they turn depends on the degree of authority you give them. So it is perfectly reasonable to assume that cops are bigger pricks than the rest of us. That being said, we need them and should cut them a bit of slack. Plus their jobs do require a bit of prickishness just as self defense. Still, they should get training to help reduce offense. And the big irony of this case is that filming cops with hidden cameras is exactly something I would say we need to do to reduce their bullying and miscreance.

      --
      Currently hooked on AMP
    11. Re:sigh by saintlupus · · Score: 3, Insightful

      looks like an uncooperative, verbally abusive redneck.

      Why do people think that "redneck" (or "hillbilly", or "white trash") is a socially acceptable term? Let's try substituting some other stuff.

      "Looks like an uncooperative, verbally abusive nigger."

      "Looks like an uncooperative, verbally abuse spic."

      "Looks like an uncooperative, verbally abusive gook."

      It's about the same class of word. Please, have a little respect, especially for someone you obviously don't know personally. Judging someone by their appearance is bad enough. Using racist language on top of it makes you look like the fool.

      --saint

    12. Re:sigh by jay2003 · · Score: 5, Insightful

      A posted warning about about audio & video recording on private property should be sufficient. If you don't wish to be recorded, stay off the other person property. In fact, you can look it the reverse way. Entering private property an refusing the consent to the recording is illegal trepassing since you don't have the owner's permission to be there without being recorded.

      From artcile, it looks like the Nahsua police department has no problem breaking the law. The article clearly says the policman did not have warrant yet and refused to leave the property when asked. This is all too typical, the police see the need to vigourously enforce this wiretapping law but will NEVER charge the officer with trepass even though there's video tape envidence of the crime. If the police are so concerned about illegal wiretapping, I suggest they get some warrents to search the local at&t switch room and see what they find.

    13. Re:sigh by NynexNinja · · Score: 3, Insightful

      You lack understanding on several grounds. First, you forget that police are public servants of the state government, and as such they are not treated the same way with respect to monitoring of audio/video that ordinary citizens do. The same way that the police have the ability to record their communications with the public, the public also has the right to record their communications with the police, or any other state government agency acting on the public's behalf for that matter. Secondly, this recording occurred on the private property owned by this individual, so just in the same way that a corporation can monitor the actions of employees working on their private property, citizens also have this right. Thirdly, there was a sign in plain view with clear notification that monitoring was taking place on the private property of this individual.

    14. Re:sigh by soupforare · · Score: 4, Insightful

      Citizen, I believe you forget that enforcers are above the law.

      --
      --- Do you believe in the day?
    15. Re:sigh by Anonymous Coward · · Score: 3, Insightful

      Thank you for this.

      I am a reserve cop here in sunny CA. Yes, for those of you that aren't sure what that means-I am a volunteer cop. I don't get paid. I wear a uniform, I patrol on foot, I pull people over, I write tickets, and I call for backup.

      Why do I do this? Because it is a public service a real way to be involved in the community.

      I can tell you this, as well. Our Sheriff would hang a deputy by his toenails if he found out one of his men was pulling some of the stuff that has been described here. We have to smile and say 'sir' and 'maam' to the point where, literally, a line such as "Okay, sir, I am going to start pulling my trigger now, please duck" is not completely out of the question.

      See what happens when YOU put on a uniform and are sent out alone to patrol a long highway on a Friday night, knowing you are at least 20 minutes alone after a call for help, even at insane speeds by your co-workers with the lights flashing. We put out lives on the line for the public, and rarely do we find people in the public who realize this.

      Cops dont suck, we go after people who do suck. Get it? If we weren't there, those people who suck would be coming after you. Of course there are bad apples in uniform, but peace officers are being painted with a wide brush here. Are you winning to become a target for the betterment of you community? Do you have any idea what it feels like to bust into a house that you know is used for narcotics distribution, just wanting for the shotgun blast to come through the wall where your back is?

      Try walking a mile in our shoes one day. Your perspective might change a little.

      If you are nice to me, and if you don't look like you are trying to hide an open bottle of beer, and I don't see any evidence of drug use in your car, we're going to have a conversation. If you give me attitude (and this is a bad one here.. Give me attitude even if you have done nothing wrong, and I'll keep you at the side of the road for 45 minutes trying to figure out how many citations I can give you. My record was 10 and I only stopped because I got bored. The judge laughed at the guy when he showed up in court), or your record comes back that you are an unsafe driver, you might well get a ticket. However, you are just as likely to be able to drive away with 'a warning'.

      Do I want power over other people? Hell no. I got involved after Sept. 11th. There was a need, and I stepped forward. What have YOU done?

    16. Re:sigh by macwhiz · · Score: 4, Insightful

      Ah, but if you read all of the statute, you'll read the part that says

      "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

      I wonder... if you're standing in front of a surveilliance camera, on someone's front porch next to the street, and there are signs pointing out the camera... are you really justified in believing that the camera couldn't possibly be recording you?

    17. Re:sigh by Anonymous Coward · · Score: 5, Insightful

      Until the rest of them rip down this "blue wall" bullshit, the assholes make the whole office smell like shit.

      Every time someone whines about how cops get no "respect" I ask them what the "straight" cops do to earn it when the crooked ones lose it. A cop gets crooked and the "straight" ones are all over it to make sure that "one of their own" gets away with it.

      Take for instance the recent HPD crime lab scandal in Houston. Years of perjury and tainted evidence, and when a defense attourney finally discovers that they've been lying on the stand about their DNA tests (and possibly ballistics and other tests as well) all the cops and prosecutors have NO idea that they've been lying all the time. They are SHOCKED by the fact that they've put away 100s of people on bogus evidence. They just thought they were always SO lucky that the number one suspect always came back as a match and everyone could go home early, right?

      But hey, the good news is that now, after a year of an internal investigation (since the PD couldn't scrape together the pennies for an external audit) everything is hunky dory again and the HPD crime lab is ready to ride again.

      The only DNA analyst fired in the Houston Police Department crime lab scandal got her job back Tuesday. Whooo-eee what's that STANK?!

    18. Re:sigh by marklark · · Score: 5, Insightful

      Sherm, thanks for your service.

      I think what you're missing is that, without a search warrant, the police officer with his foot in the door is trespassing. Period.

      Please have your warrant handy before attempting to search my home.

      Please have your warrant handy before displacing my wife and children from our home.

      It's simple, really.

    19. Re:sigh by wiredlogic · · Score: 4, Insightful

      Go be a cop for 18 years, then reply. Focus on what I was saying, not distorting it.

      It's a shame. You've wasted 18 years of your life and you still don't know how to properly and legally execute a search on someone's private property.

      --
      I am becoming gerund, destroyer of verbs.
    20. Re:sigh by AgNO3 · · Score: 5, Insightful

      Wow, So being a cop for 18 years means you can violate civil rights because you THINK you are right.
      Hmm. Lets go over the run down of bullshit things cops have done to just me (35 year old male)
      Got pulled over once when a cop was behind me and he said after I ask why he pulled me over, "you where driving to carefully." NO KIDDING a cop car behind me and I was driving carefully. Then there was the time my girlfriend and I where driving in a car and I was pulled over and when I ask why he said he want to count the occupants of the car. So I counted for him, 2. Then there was the time I witnessed a cop car run a red light with none of its lights on and smash into a another car. The cops kept insisting that I did not see what I said I saw. Even to the extent that they tried to put words in my mouth through intimidation. That time was so bad I called a family friend of mine who is an FBI agent (lawyer would have charged me) to come to help me.

      Then there was this Guy on his porch in the Bronx that got shot for reaching for his wallet. 41 times I believe. (Diallo's case)

      There was a case in Devner of raiding the wrong house and killing the dude inside and then LIEING and puting a gun in the dudes hands. HOLLY SHIT.

      http://v6.denverpost.com/Stories/0,1413,36~4330~11 29795,00.html

      Now how about the cop in San Bernardino California that shot the air force security officer IN COLD BLOOD. http://www.military.com/NewsContent/0,13319,86767, 00.html?ESRC=topstories.RSS

      Let me put it simple. You are a cop, (probably don't even know where the term cop comes from I bet, quick Google it) Have you ever heard of the Blackstone ratio? LOOK IT UP.

      Here is a great post to a editorial comment on NYC police brutality.

      http://query.nytimes.com/gst/fullpage.html?res=9F0 6E1DD1239F935A35755C0A96F958260

      Or maybe police cover there own asses.
      http://www.aclu.org/police/gen/14542prs20040128.ht ml

      I mean Google searching for police abuse returns 70 million hits. Teen sex only returns 72 million. Seems that maybe Police abuse could be nearly as pervasive as teen sex. WTF?

      If there is any doubt as to whether to shoot or not shoot. You DON'T SHOOT. I would rather the police offer was shot then he shoots an innocent person. Sorry but that is the job YOU CHOSE. The civilian has more of a right to survive a misunderstanding then you. If you are unsure of the outcome of the situation you withdrawl rather then risk an innocent life.

      --
      OMG Ponies!!! with Glitter!!!! I miss Pink :-(
    21. Re:sigh by Xabraxas · · Score: 4, Insightful
      Not defending the charges in this case (which do seem 100% bogus), but I have found that if you respect the police, they will respect you. If you treat the cops like assholes, they'll probably do the same to you.

      You must live in suburbia. I used to think the same thing when I lived in a nice quiet suburb. Now that I live in the city, amongst a predominatly minority population, I can see that that isn't the case. Being hassled by cops is a part of life now. For example I was accused of stealing a car by a cop while I was walking home from work one day. On another occasion a friend of mine was pulled over while driving home from my apartment at 2AM for having something hanging in his rearview mirror. The cops attempted to search his car, but being an intelligent citizen he refused because they had no probable cause, and the cop was rude as hell telling my friend that he must have something to hide if he was unwilling to have his car searched.

      I have never had to deal with harrassment like that when I lived in the suburbs. The cops practically camp out in my apartment complex. One night I was walking home and there were five cops with their guns drawn patrolling my neighborhood on foot. It was a little frightening. One time I was a victim of fraud and I went to the police station to make a complaint and I was treated like the criminal. Let me just say that living in the city is an eye-opening experience (and I'm not talking Manhatten).

      Now something definitely seems wrong with this police department since the charges are nonsense and it seems like, at that point, they are harassing the citizen. But they do mention the guy's kid is being investigated for some crimes, the guy hasn't been cooperative in the past, and has been verbally abusive. And my completely inappropriate "judge a book by its cover" sensors tell me that by looking at the guy's picture in the article, he rather looks like an uncooperative, verbally abusive redneck. So I suspect that while these charges against him are completely wrong and inappropriate, I get the distinct feeling this isn't some average Joe that's being randomly victimized for no reason by the police. I think there's more to the story here than we know.

      That shouldn't matter. It's your right as an American to be a prick. There isn't a law against being an asshole, even though I don't like dealing with people like that either. Any customer facing job requires that you deal with pains in the ass, but as a professional you deal with it. Cops are supposed to be professionals. If it was a case of being uncooperative with the police during an investigation then you can be charged for that.

      --
      Time makes more converts than reason
    22. Re:sigh by WedgeTalon · · Score: 5, Insightful

      Redneck is a race?

    23. Re:sigh by binary+paladin · · Score: 4, Insightful

      I'm assuming you have never been arrested. I guess my clients just always seem to get arrested on the asshole shift. And even a cop who normally "isn't a prick" suddenly thinks you are the criminal devil incarnate the moment you mention your so-called "rights."

      Most cops will be nice to you if you bend over and let them do whatever they want. Sure, sure. But whatever you do, don't assert your rights. Then you'll find that the majority become pricks, plain and simple because if you don't want to let them search your car or your house you MUST be hiding something and your MUST be a criminal.

    24. Re:sigh by Madcapjack · · Score: 4, Insightful

      Sure, not all cops are assholes. I believe you. Only about half of the ones I've met were. Some were really helpful, really. Others were unneccesarily rude, threatening, and yes, racist. sometimes its hard to blame them, since yeah, they are stressed out a lot, and deal with the pricks of society regularly. more than that- a lot of folks don't like to even hang out with off-duty cops- who feels comfortable with the law breathing down your shoulder all the time? but I do blame them. i blame the bad cops for being bad, and the good cops for not doing much about the bad cops. its not like it isn't in my family- my uncle was a cop, and a complete jerk who liked to scare the holy shit out of little kids, and endulged in a few shady activities. So should cops be painted with so broad a brush? no, but they ought to start thinking about why so many people are ready to do so- without going into lame excuses, much less about being misunderstood. and yes, a lot of on duty cops regularly violate traffic laws- and it pisses a lot of people off.

  2. This is absurd on so many levels by mrchaotica · · Score: 5, Insightful
    1. The police are public servants. Not only should it be legal to videotape them, it should be encouraged as part of citizen oversight!
    2. Police routinely videotape everything they do; they should expect to be treated the same way.
    3. Not only was this guy arrested, but the police tresspassed on his property and kicked his wife out for 5 hours while they tried to get a search warrant -- even though they were effectively already illegally searching the place!
    4. They complain that he was allegedly rude to them, but think it's okay to be rude to him. In reality it is exactly the opposite: he can call them whatever he damn well pleases because he has Free Speech, while they are restricted while on duty because they're representatives of the State.

    By the way, isn't New Hampshire supposed to be the state all the Libertarians are moving to, and wasn't it chosen because it was the most Free to begin with? Jeez, if this kind of thing can happen there the rest of us are really screwed!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:This is absurd on so many levels by dmatos · · Score: 4, Insightful

      Yes, heads must roll. However, do you really think that a financial penalty that will "wound the police force for years to come" is appropriate? Consider:

      Funding for the police comes from the taxpayers. Any fine paid by the police force is ultimately paid by the taxpayers.

      The police are ostensibly there to protect the public. Financial hardship would leave them less able to perform that task. Longer response times to emergency calls, crimes going uninvestigated, because the police force cannot afford enough employees to do their job properly.

      Perhaps more appropriate would be a civil suit filed personally against those responsible for the events, rather than the police force as a whole. The family can still be compensated through this, and it will (hopefully) act as a deterrent against others in positions of power that might consider abusing said power.

      --

      It may look like I'm doing nothing, but I'm actively waiting for my problems to go away.
      --Scott Adams
    2. Re:This is absurd on so many levels by soft_guy · · Score: 5, Insightful

      they view EVERYONE as a criminal these days.

      What do you think the point is of passing huge numbers of unenforceable laws? The point is that the police can pick anyone to be a criminal by selective enforcement.

      --
      Avoid Missing Ball for High Score
    3. Re:This is absurd on so many levels by $1uck · · Score: 3, Insightful

      I'll go one up on you.... someone I know who happens to be an Assistant District Attorney gave this bit of advice:
      Don't say anything to the police period. Anything you need to say to them can be said in court. Granted if you have a lawyer, and are wanting to strike a bargain it may be in your interest to talk, but always do so with a lawyer present.
      Just to repeat the police are not your friends.

    4. Re:This is absurd on so many levels by Simplulo · · Score: 5, Insightful

      Failure to protect rights has killed more people than second-hand smoke ever has. I am an asthmatic, but I support your right to smoke whatever you want on private property. If you don't like second-hand smoke, exercise your rights and boycott those establishments that permit it. But don't impose your values (even if they were not based on questionable science) by force.

    5. Re:This is absurd on so many levels by finkployd · · Score: 4, Insightful

      No, what needs done is the man to be cleared of all charges (and have them removed from his record) and the police officers involved fired. Not put on paid leave, not given a stern talking too, thrown out onto the street fired. They are given public trust and police powers and are held to a higher standard. I want to see more police officers outright fired without second chances when abuses like this occur. The level power they are given comes with responsibility, and abuse of that is unforgivable in a just society.

      I agree the police department should not be fined though, that just hurts the taxpayers. The problem is not the department, it is a few people in it that should no longer be there (including the jokers who trumped up the bogus felony charge).

      Finkployd

  3. Somebody seriously f'd up. by ivan256 · · Score: 3, Insightful

    Did these guys think that because they were the cops, they didn't have to answer to anybody? If the contents of the tape is what this family says it is, some hard lessons are going to be learned. Unfortunatly, the people who are going to pay are the taxpayers, and not the cops themselves.

  4. That sad part is by Serapth · · Score: 5, Insightful

    Most people will look at this and see a corrupt police force and yet another sign of our times. Yes, I see the irony that a citizen is getting charged under a wiretapping law in this day and age.

    Problem is, most people don't see these stories for what they truly generally are. Stupidity. You know, there are stupid cops and even stupid judges. Most of the time, when cases like this make it out into the world people think that the system is to blame. Normally thats not the case, the stupidity of the officers involved are to blame. Well, either that or some queer powertrip, which is far too common with law enforcement aswell.

    In the end, this will all get thrown out in court. Thing is, nobody knows at what cost it will be to the guy involved. Thats truly the greatest flaw of all in the system. IMHO, there should almost be a pre-court judge that can take a look at cases in advance as a checksum against stupidity, and throw them out right away if they are as dumb as this one. I suppose that would be rife for abusing too though.

  5. D'oh. by TheRequiem13 · · Score: 3, Insightful

    Well, I feel like a dolt.
    :/ Live and learn to read.


    I guess I assumed there wouldn't have been any issue with a sign.

    --
    What?
  6. Re:Ask the President by KaotiX · · Score: 4, Insightful

    Doesn't he know that the President is the only person legally allowed to wire tap?

    Don't you mean, illegally?

    --
    "... true power is taken." - J.R. Ewing
  7. Re:Ugh! by Onan · · Score: 5, Insightful

    Which seems pretty backward. The government should be held to a higher standard than citizens, not a lower one.

  8. Re:Unlawful to record your home? by voice_of_all_reason · · Score: 4, Insightful

    "Private place" has a different definition than "private property." As horrifying as this situation is, I don't think you're interpreting this correctly.

    I beleive the statute you are quoting more concerns you placing a camera in the ladies room of your restauruant and then defending it as it was on your property. Front stoop is private property, but not a private space.

  9. Re:Unlawful to record your home? by MooseTick · · Score: 4, Insightful

    "The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places"

    If the camera was on the man's property, then you couldn't hardly say that the installation was unauthorized.

  10. Re:Will the ACLU take this case? by badasscat · · Score: 4, Insightful

    This is a clear cut violation of First Amendment rights. Not the free speach ones but the free press ones.

    Huh? Free press? A guy video tapes somebody on his doorstep and suddenly that qualifies him as a member of the press?

    Regardless of whether he's press or not, I think you need to read the Bill of Rights again because you obviously don't know what it says. You don't have to be a literalist to understand that this doesn't mean what you think it means:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    I don't see how this case has anything whatsoever to do with congress abridging freedom of the press. This is about a guy who got arrested for superfluous reasons. It's obviously one of those situations where the cops got annoyed, so they looked for whatever law they could find that they might be able to charge him against. It should be looked at in that light; trying to turn it into some weird and inappropriate first amendment discussion is not going to help anyone.

  11. Re:Ugh! by arivanov · · Score: 4, Insightful

    The universal standard as far as politicians are concerned seems to be: All animals are equal. Some are more equal than the others.

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
  12. No kiddin'. by Rimbo · · Score: 4, Insightful

    Police reported that Gannon "has a history of being verbally abusive" toward police, and that after his arrest, he remarked that the officers "were a bunch of corrupt (expletives)."

    Hard to argue with Gannon.

  13. Re:whoa whoa whoa there by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    How can it be wiretapping if there's no wire being tapped?

    How can the patriot act be called what it is? Why is it that if I wear a pistol in a holster on my belt, in plain view, covered with blinking LEDs, while wearing a t-shirt that reads "I carry a firearm" I'll be arrested for "carrying a concealed weapon." The names of laws often have nothing to do with what the laws say.

    Why is it a crime to monitor what our public servants are doing?

    Because the police are criminals and they follow the orders of the corrupt politicians who pass these laws. I know quite a few cops, but I've never known one who did not flaunt the law and brag about how they don't have to follow it since they are cops. I've never known one who does not have a "funny" story about how they abused their power for their own personal ends. If you haven't noticed this by now, you haven't been paying attention.

  14. oversight by j1m+5n0w · · Score: 3, Insightful
    The police are public servants. Not only should it be legal to videotape them, it should be encouraged as part of citizen oversight!

    Quite true. I have long suspected that the single most effective defense against most abuses of power is a camera (at least in civilized places where public opinion matters). Without video footage, no one will believe the abuses really happened.

    Ubiquitous surveilance is often seen as a tool of big brother, but it can also be a tool against oppression as well. Imagine a society in which many people wear a webcam attached to an ipod-like device with a ring buffer storing everything the wearer sees. Then imagine you are a corrupt police officer who likes to intimidate and/or abuse certain people. Would it give you pause if you knew your actions were quite likely to show up on the news the next day?

  15. smoking kills everyone by Anonymous Coward · · Score: 3, Insightful
    We've already scored victories ... we killed a proposed statewide smoking ban
    Gosh, thanks for fighting for the freedom to pollute and cause involuntary health problems for others!
  16. Re:Ugh! by misanthrope101 · · Score: 4, Insightful

    Actually I think the police should be required to record both audio and video of every official interaction with the public. I think every interrogation should be recorded in full, and any breaks in the recording for more than 10-20 seconds (to allow for tape change) should mitigate against any 'confessions' obtained during that interrogation. Yes, I'm serious. This would protect the police who are accused of brutality, assuming they were innocent. The "if you've done nothing wrong, you have nothing to hide," should apply, but only to the government, because government is where the higher potential for abuse and brutality lies. You don't hear cases of 7-8 armed civilians beating the hell out of an unarmed, handcuffed police officer, but flip that around and it's suddenly less remarkable. Recorded interrogations would protect both the police and the accused, and prevent both frivolous lawsuits from the accused and brutality from the police. The only reason the police wouldn't want an uninterrupted record of the interrogation is if they fully intend on doing things that are illegal and unethical, and they want to prevent a judge and/or jury from seeing how they got that "confession."

  17. There was no reasonable expectation of privacy by Atroxodisse · · Score: 5, Insightful

    That only applies if the person has a reasonable expectation of privacy. When standing on someone else's private property with a sign that reads "You are being recorded by surveillance", or whatever the sign said, you have no expectation of privacy.

    --
    Read my short stories - You won't regret it.
  18. Oh, Canada! by WebCowboy · · Score: 4, Insightful

    We welcome you to the country where home doors are opened, police officers are polite, and we don't need cameras to check our private parking spot.

    Please try to resist being smug. As much as I find a lot of what the US gov't does disagreeable it really irritates me when fellow Canadians brag about how much better our lot in life is in comparison with our southern neighbours. I thought we were supposed to be humble folk, but it seems some of us have developed a superiority complex. Historically Canadians have had trouble "blowing their own horn" so we should be sure to note our accomplishments. However, if you must brag, please be realistic. Canada has its share of challenges too:

    * A recent behavioural study of major international cities on "politeness" placed Toronto fairly high on the list (Montreal, the other Canadian city did not do as well but did alright). Guess which city beat both? NEW YORK CITY. That's right. Most notably, New Yorkers were significantly more likely to open a door for a stranger in a public place. I guess that means "doors are opened" in NYC ;-)

    * There are places in Vancouver, Calgary, Edmonton, Winnipeg, Toronto and Montreal where I most certainly would NOT leave my doors unlocked. OTOH, I don't think people ever use their locks in most of Montana, North and South Dakota, Maine, etc. I know this isn't apples-to-apples comparison but most Canadians live in a major city as is the case in the US (I grew up in rural Canada and yes doors are still open there too). The point is that Canada isn't THAT much different in this regard

    * I've witnessed RCMP officers and city police be somewhat less than polite in dealing with people too. Some of it has been widely publicised (Anyone remember the pepper-sprayed protester in Vancouver? And Prime Minister Cretien's cavalier response with the joke that he prefers his pepper on his dinner plate?). When the Hells Angels held a patch-over ceremony in Alberta a number of years ago, anyone who rode a Harley and was dressed the wrong way was badly harassed by the cops.

    * Years ago when a Quebec separatist group kidnapped and later killed a politician our "beloved" Prime Minister invoked the "War Measures Act", which allowed for police to detain anyone without charges and suspended many other civil liberties. This was in effect nation-wide, even though the FLQ Crisis only presented a direct threat to savety in Quebec. RCMP in places far away from Quebec took advantage of the situation and we had "troublemakers" in small town Alberta held in custody for days without charges.

    * Speaking of Quebec, this is a province that has "language police" that will fine you in your shop doesn't have French on it, or if some non-French language on your signage is too prominent.

    * West of Ontario, it is illegal for farmers to sell most crops to anyone but the Canadian Wheat Board. Farmers who protested this by pubically deciding to sell their grain directly to someone else rather than through the wheat board had their doors kicked in and were dragged to jail--and had their trucks and grain seized. Sone farmer in Ontario does the EXACT SAME THING? Sure, that's OK--the act applies only to BC, Alberta, Saskatchewan and Manitoba. I could live with a government imposed monopoly, distasteful as it is, if it applied equally to all Canadians. As it is now this situation is a travesty.

    * Well, I still live in Canada and I know that a lot of private parking spots are equipped with cameras here. In the past year or two there has been a dramatic increase in vandalism (mostly grafitti and car prowlings) and as a result more outdoor surveillance cameras are going up, and developers are putting out a lot more security guards in under-construction subdivisions as theft and vandalism increased there too.

    OTOH Canada has a lot to be proud of too:

    * Big, expensive and ineffective gun registry notwithstanding, there is WAY less gun violence in Canada than in the US

    * Canadians ar

  19. Re:Private property? by psykocrime · · Score: 5, Insightful

    Since when cant we videotape what happens on OUR OWN FUCKING PROPERTY?

    Since we all forgot that we are sovereign individuals, and not subjects of any
    nation-state or government; since we all began to accept that the government
    has some intrinsic authority which overrules our own sovereignty; since we
    all began to believe that we answer to the government, instead of them
    answering to us; since we all forgot that we are EXACTLY as free as we
    CHOOSE to be; since we all forgot that we have as much freedom as we
    choose to have and are willing to defend.

    --
    // TODO: Insert Cool Sig
  20. Re:Solution: A $5 Sign? by hammock · · Score: 4, Insightful

    Everything you describe would be OK in Old America. Now in New America, since you jackasses voted Bush in, the Constitution is about as valuable as a used piece of toilet paper, since using the 911 attacks that he orchestrated to justify deleting the citizens' rights to _everything_.

    Terrorist this, NSA spying that, the United States is the scariest place on Earth.

  21. Modded up? by Darkman,+Walkin+Dude · · Score: 3, Insightful

    Okay we have a name tag Sealbeater, sitting on a spam domain filled with google adwords links, and the sig is, wait for it... Its survival of the fittest...and we got the fucking guns!!! I'd be a bit more cautious about throwing around accusations of assholery if I was you, my son. Glass houses and all that. Thankfully I am not, so although its something of a gaffe to feed the trolls, I am feeling generous today.

    The poster in question was referring to that particular case, not to broadly general rules of conduct. Also you refer to "cops" and "civilians" as being something different, which leads me to believe that you have a view of the police as being some sort of military force out to dominate your world with an iron fist. Inferiority complex much? Of course, as you so eloquently put it, survival of the fittest, and you do have the fucking guns, apparently, so the police are just a rival militia to you.

    I seriously doubt this will make a dent, Davey Crockett, but for the benefit of the other readers, let me tell you how it is. The police have to deal with serious assholes all the time. They wake up at 2am for their shift at 3am, and straight away they are dealing with halitosis laden drug dealers, drug addicts, wife beaters, child molesters, thieves, career criminals, fraudsters, you name it, they come eyeball to red glazed eyeball with them. People that you would literally cross the entire town, never mind the road, to avoid, people for whom prison is a holiday home, or in more extreme cases a brothel. And here's the kicker; the police have to play by the rules. If they don't, the lawyer will let said scumbag roam free, and the last thing you want is Johnny biker boy cruising the streets looking for your home address with a hard-on.

    Of course the nasty types don't feel any such need to play by the rules, so let me ask you. After ten years of waking up at 2am and not going into a nice office to look at the HR lady's shapely backside, but wondering if you will make it home in more or less one piece, what kind of person will you be? I'll tell you, it depends on the person. Some police officers deal with it well, some have outlets for their frustrations, some have family that support and understand them. Some don't or just don't deal with it well in any case. So that's where good cops go bad; avarice, stress, fear, or just plain frustration at seeing the same shitheads walking out after two years and doing the same things to pretty much the same people. Before you start bawling like the survivalist microbe that you are about the bad, naughty cops, you walk a mile in their shoes. Or even better, walk ten years in their shoes.

    Yes, there are bad police officers, and they need to be taken out of circulation just like the career criminals. But throwing out the baby with the bathwater is the worst idea anyone could ever have. Be polite to the police, and generally they will respond in kind. This has been my experience in every case.

    1. Re:Modded up? by Dun+Malg · · Score: 5, Insightful

      Before you start bawling like the survivalist microbe that you are about the bad, naughty cops, you walk a mile in their shoes. Or even better, walk ten years in their shoes.

      No, thank you very much, I do not need to perform a particular dirty job to know that if the job turns someone into a law-bending dickhead on a power trip, they need to not be employed in that capacity. I don't care why the job fucked them up. It isn't relevant. Oh, you deal with vicious drunken animals every night and it turned you mean? Tough shit, pal, act like a professional or get out of the business. I spent six years intermittently dodging bullets, mines, and IEDs in the Army, so I know what the pressure of life-threatening employment is like. We didn't beat up the random hadjis who showed their soles to us, so I think a cop can do the same for civilians at home. Having a dangerous job doesn't excuse assholery.

      --
      If a job's not worth doing, it's not worth doing right.
  22. I never said Bush was the antichrist, so spare me by misanthrope101 · · Score: 4, Insightful
    I never said that the current President "can do no good." I never considered him the personification of evil. And Congress did authorize force, though after being misled by selectively quoted intelligence, and that still isn't a "declaration" of war. But all of that is so much fluff--I never said that Congress wasn't complicit.

    President Clinton did lie about a blowjob, and I don't care. At all. It's completely insignificant in the balance of world affairs. The current President lies about torture. It wasn't under oath, so isn't impeachable, and that distinction is about as morally insignificant as you can get. It's wrong to torture people and then redefine the term in mid-sentence and then pretend you're being forthright about what you're doing. The way those people are being treated would be called torture if it was happening in our country to our citizens, and we know it. It was called torture before we were doing it, wasn't it? If it was your mother or best friend being interrogated in Dallas with these methods, you'd call it torture.

    Where is the moral contumely that we were basting eyeballs-deep in during the Clinton impeachment? Where is the outrage? There isn't any, and you know exactly why--Bush is a Republican, therefore whatever he does is lily-white in the eyes of Republicans. Morality, legality, propriety, everything is subordinate to politics. They'll impeach a sitting President over a blowjob but sit placidly by while a President authorizes torture, secret prisons, indefinite detentions, warrantless wiretaps, etc. So spare me your moral equivocations. I don't care if Clinton got blown on film every Sunday at noon while holding the King James Bible in one hand and a joint in the other--if torture doesn't make your moral compass wake up and take notice, there is something fundamentally wrong with you as a human being.

    Perhaps I'm barking up the wrong tree on this, and you are deeply disturbed by what the Administration is doing. If so, you have my apologies. I'm just so sick of the faux moralizing about Clinton, coupled with the complete blindness on issues that really do matter. Blowjobs, even adulterous ones later lovingly covered with perjury, are a miniscule speck, an electron-sized mote, of immorality, compared to torture of human beings. To bring up Clinton and his interns in this context is to color yourself either as a shameless political hack or a pretty despicable human being.