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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."

32 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 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.
    2. 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?
    3. Re:sigh by zuzulo · · Score: 5, Interesting

      Folks appear to be missing the point here - the mistake Gannon made had nothing to do with being polite to the police. His mistake was recording audio as well as video. There is a large body of case law confirming the legality of recording video without subjects permission, but as soon as you include audio you run into another set of case law which is much more restrictive. There is a reason virtually all surveillance systems do not record audio data ...

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    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 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.

    6. 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!!!
    7. 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.

    8. 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?!

    9. 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.

    10. 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 :-(
    11. Re:sigh by WedgeTalon · · Score: 5, Insightful

      Redneck is a race?

  2. Ask the President by neonprimetime · · Score: 5, Funny

    Police instead arrested Gannon, charging him with two felony counts of violating state eavesdropping and wiretap law by using an electronic device to record Karlis without the detective's consent.

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

  3. Re:Solution: A $5 Sign? by dakryx · · Score: 5, Informative

    Is it seriously to hard to atleast read the article summary to see signs were posted?

  4. Ugh! by gentimjs · · Score: 5, Interesting

    I live here in NH and am very upset by this. Many police cars here carry cameras on thier dashboards and tape you when they cops pull you over for a ticket! In addition, all the tollbooths on rt 93 around Manchester all have cameras .. I wonder if any felony acts are being commited there, where I've seen no signs warning me I was on camera?

    1. 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.

  5. 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 rsilvergun · · Score: 5, Funny
      By the way, isn't New Hampshire supposed to be the state all the Libertarians are moving to
      That's why the police are taking a hard line. God Damn hippies are movin' in.
      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    2. Re:This is absurd on so many levels by malchus842 · · Score: 5, Informative

      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!

      Number one rule - never let the police in your house unless they have a search warrant. Never. No matter what. Step out on your porch to talk to them. Or on the driveway. Or sidewalk. And really, don't talk to them without a lawyer present unless YOU called them to report a crime.

      This sounds paranoid, but the police are no longer the friends of the honest citizen - they view EVERYONE as a criminal these days.

    3. 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
    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.

  6. Not All Powerful by Mikkeles · · Score: 5, Funny

    The law cannot protect you from the police.

    --
    Great minds think alike; fools seldom differ.
  7. 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.

  8. Unlawful to record your home? by konigstein · · Score: 5, Informative
    according to wcusurveillance on surveillance:

    "The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places. In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire , South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law. A private place is one where a person may reasonably expect to be safe from unauthorized surveillance. Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michagin, Minnesota, South Dakota, and Utah also prohibit trespassing on private property to conduct surveillance of people there. In most of these states, unauthorized installation or use of hidden cameras is a felony, punishable by a 2000.00 fine and up to 2 years in prison."

    Odd. bolding and italics are mine.
    --
    This space intentionally left blank
  9. Re:Solution: A $5 Sign? by pete6677 · · Score: 5, Interesting

    OK, I've figured it all out now. The guy has a teenage punk for a son with no regard for the law, and he's not much help. The cops decide they're going to teach him a lesson when he kicks them out of his house. Seeing as he lives in the ghetto, he has no civil rights. Yes, that's correct, ask anyone who lives in a ghetto of any city and they'll tell you that civil rights don't exist there. They take this as an opportunity to walk all over him, using the cameras as an excuse to make a felony arrest just to get back at him. There's no legal basis for this at all, and even less basis for the charges against his wife. It will all get thrown out and he'll sue the cops since they've made it so easy for him to do. The losers will be the taxpayers as usual. Moral of the story, if you live in the ghetto and have a delinquent son, don't expect nice treatment from the cops. But if they're stupid enough to do what these cops did you'll likely get a nice payoff.

  10. Problem by warp1 · · Score: 5, Interesting

    Video tapping the police is not the problem here, it's wanting to file a complaint. Here in Phoenix, AZ a local news crew went to all the city police departments explaining that they wanted to file a complaint against an officer on that policed force. The television newsman was run out, ignored and threatened. Only the Phoenix police had a system of citizen complaints and treated the newsman with respect. I believe it was an eye opening news story for both people making complaints and the police departments stung.

    1. Re:Problem by I'm+Spartacus! · · Score: 5, Informative

      A South Florida newsteam did an expose like this as well.

      http://cbs4.com/topstories/local_story_033170755.h tml

      Out of 38 police departments, he was able to obtain complaint forms from THREE departments. On officer ran him out the office and actually threatened him by putting his hand to his gun.

      Nowadays, I wouldn't call the police to ever settle a dispute.

      --
      "War is God's way of teaching Americans geography." -- Ambrose Bierce
  11. Re:Solution: A $5 Sign? by PB_TPU_40 · · Score: 5, Interesting

    However being charged with a felony is a BIG issue. If you are charged with a felony it is enough for some jobs for you to be denied, also it will permanently be on your record, even if you are not convicted or the charges are dropped. I was charged with two class B felonies that were bogus, everything ended up being pled down to a misdeamnor and even then it was a no-lo plea. Every job I've applied for since has come back and asked me about the charges. Once I go through and explain what happened. The care less that I have a conviction for a Gross Misdeamnor and care more that I had been charged with a felony. Charges alone can ruin your life, most dont know it, but its true.

    Another example is you cant get a Federal CWP if you have ever been charged with a felony. Doesn't matter what it was, or if you were aquited.

    --
    -PB_TPU_40 The trick to flying is to throw yourself at the ground and miss.
  12. 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.
  13. 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
  14. Re:Solution: A $5 Sign? by PB_TPU_40 · · Score: 5, Interesting

    Actually it is because of the charge. The conviction was called No-lo. I admited no guilt, and it was not by jury, it was taken as a plea agreement to avoid a possible conviction on the felonies. If you're staring at a felony and they offer a misdemanor thats a big freaking deal, felonies are guranteed prision time, loss of gun rights, voting rights, and its permanently on your record. Misdeamnor, fine and maybe jail, or community service, and after 2 years you can get it expunged. Note this was for an auto wreck, my car hit ice and I lost control. My fiance and I were the only two people seriouly injured. They charged me with a count of vehicular assault on her behalf, against her wishes, and another for a man that suffered a few scrapes. It turns out later that the second count was because he works in the prosecutors office. If you look at most any paper work you fill out for security clearances and jobs, it asks if you have ever been CHARGED with a felony. If you think there is any correlation between the law and justice, you're grossly mistaken, and for charges to be filed, the DA has to be on board so at that point its on your record for good. I've talked to numerous people about this, it isn't that I was convicted of the misdeamnor, they said the charge would still stand out on a background check. As it is I had to go have my gun rights reenstated because they just charged me which was enough to revoke them, has nothing to do with the misdeamnor, the felony charge was placed into the system so that bars me right there.

    Now had they disclosed the fact that the guy worked in the prosecutors office I could have had it sent to another county where more than most likely the charges would have been dismissed. They hid this fact until I entered my plea agreement, and he was not listed as working for the prosecutors office till after it was all over. They will do anything they can to further their carrers and they dont care if it tank yours. Note if I was convicted of a felony, no professional engineering licence, no security clearance, nothing pertaining to engineering, and 2 years upstate minimum. Everything I would have worked for would have been wasted. Most likely I would have won, however even if you're innocent, there's still a chance of being found guilty. As I'm 22, with where this happend, I'd have a high chance of having a bunch of old ladies on my jury, please note the jury of your peers thing is BS, its usually homemakers and the elderly. If they think all the kids are just little SOBs that drive too fast, it doesn't matter that I was doing the speed limit and that the truck sped up or any other factors. Charges alone cause serious grief, and the worst thing about it is they can do completely bogus charges.

    --
    -PB_TPU_40 The trick to flying is to throw yourself at the ground and miss.
  15. 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.