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."

Comments

sigh

[Anonymous Coward]

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

Re:sigh

[Romancer]

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.

Re:sigh

[aplusjimages]

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.

Re:sigh

[AmericanInKiev]

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

Re:sigh

[binary paladin]

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.

Re:sigh

[SealBeater]

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

Re:sigh

[jay2003]

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.

Re:sigh

[Anonymous Coward]

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?!

Re:sigh

[marklark]

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.

Re:sigh

[AgNO3]

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.

Re:sigh

[WedgeTalon]

Redneck is a race?

This is absurd on so many levels

[mrchaotica]

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!

Re:This is absurd on so many levels

[soft_guy]

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.

Re:This is absurd on so many levels

[Simplulo]

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.

That sad part is

[Serapth]

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.

Re:Ugh!

[Onan]

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

There was no reasonable expectation of privacy

[Atroxodisse]

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.

Re:Private property?

[psykocrime]

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.

Re:Modded up?

[Dun Malg]

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.