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Charges Dropped In PA Video Taping Arrest

Cumberland County District Attorney David Freed has reversed himself completely over the charges against Brian Kelly, arrested for wiretapping after videotaping a police stop. Now let's see if they are good enough to compensate Kelly for the 26 hours he spent in jail and the anguish of the cloud over his future caused by a felony arrest. From the article: "... [DA] Freed said his decision will affect not only Brian Kelly, 18, but also will establish a policy for police departments countywide. 'When police are audio- and video-recording traffic stops with notice to the subjects, similar actions by citizens, even if done in secret, will not result in criminal charges,' Freed said yesterday. 'The law itself might need to be revised.'"

15 of 177 comments (clear)

  1. People in the USA are sometimes blessed... by Anonymous Coward · · Score: 5, Insightful

    While no judicial and law systems on the planet are perfect, the reaction in the US over this charge, and the eventual reversal say only one thing; as far as direct action is involved the USA is *still* one of the best places on the planet to do it. I can't remember the quote exactly, but it goes something along the lines of us in the west having freedoms we simply don't take advantage of. We pussy foot about and don't act, and that is the problem. If Brian here had not received the support that he did, he might still be in jail. I feel safer in the USA than I do in any other country when it comes to expressing my rights, even though I know that in some backwater town that ability may be more suppressed than in other areas.

    1. Re:People in the USA are sometimes blessed... by Enlightenment · · Score: 5, Insightful

      I wonder if this man would have been freed if not for the media whirlwind and outcry over this. In this era, it's almost our duty to raise hell about wrongheaded actions like this, since media attention and publicity can often be more successful than bona fide legal arguments.

    2. Re:People in the USA are sometimes blessed... by db32 · · Score: 4, Insightful

      Funny how that freedom of the press thing works when it operates correctly. I think that was exactly the purpose of that even in the world before mass communication. I think our legal system was meant to be a last resort thing not first resort in this sense. More convoluted laws only hurts this, and it seemed clear to me the idea was to have more of a light and lean and modifiable legal system to try and cope with strange issues like this. Only when things absolutely cannot be worked out should the court system get involved.

      --
      The only change I can believe in is what I find in my couch cushions.
  2. Blackadder Reference by Icarus1919 · · Score: 4, Funny

    "Permission to yell 'Bravo' in an annoying loud voice?"
    "Permission granted."
    "BRAVO!"

  3. Nifong by belmolis · · Score: 4, Insightful

    I wonder if the downfall of Mike Nifong has given prosecutors a dose of humility.

  4. Still too much CYA by adminstring · · Score: 5, Insightful

    While I am impressed that the DA admitted that a mistake had been made, he still went too far in covering the ass of the very unprofessional police officer who made this stupid arrest. From TFA:

    [Freed] said the officer who charged Kelly acted in a "professional manner."

    Avoiding accountability by throwing someone in jail for recording how you do your job is NOT professional. Rather, it is the act of a petty tyrant on a power trip who, if left unchecked, will most likely end up harming the public in other ways in the future. The citizens of Pennsylvania deserve better than this from their law enforcement agents.

    --
    My truck is like a series of tubes.
    1. Re:Still too much CYA by adminstring · · Score: 5, Insightful

      As you suggest, the law in question is stupid, as are thousands of other laws. But if the officer were acting professionally, he wouldn't make an arrest for any of these laws. Part of being a professional police officer is exercising proper discretion as to when to make an arrest.

      Contrary to your statement, officers are generally not obligated to enforce any particular law. If they were obligated to enforce every infraction of every law they ever witnessed, their entire day would consist of arresting everyone violating the speed limit directly in front of the police station, they'd never make it three blocks down the street, and many more important laws would be broken on streets with no police station.

      Police officers are expected to use intelligent discretion to enforce the laws which will have the greatest impact in improving the quality of life of the community. That means some prioritization is necessary. Arresting murderers and rapists is an excellent use of police resources, and is quite easy to justify. Arresting jaywalkers and people who litter on the sidewalk is a poor use of police resources, and is harder to justify. Each arrest takes time, effort, and money which could be better used elsewhere in the community. Police officers' time is particularly valuable because just by walking or driving down a street, they can deter crime! A key question for police priorities could be, "is what I'm doing more or less productive than simply cruising down the street?" As a taxpayer and a citizen, I have an interest in police using their time wisely. An officer arresting someone for videotaping a publicly-accessible event was clearly not using his publicly-funded time wisely, just as setting up a strict speed trap in front of the police station is also not a wise use of resources.

      Furthermore, I speculate that this officer was probably not aware that the wiretapping law could be used in this case. I wouldn't expect a traffic cop to be well-versed in wiretapping laws. He arrested the guy with the camera, then, according to the original article, "The wiretap charge was filed after consultation with a deputy district attorney." Chances are he was embarrassed about having lost his temper ("He said he held the camera in plain view and turned it on when the officer yelled at his pal") so he arrested the guy, probably for "disorderly conduct" or some other catch-all, then went to the DA's office to see if there was anything better to charge him with. Maybe the guy's pal was being a jerk and deserved to be yelled at. But if it was justified, the cop had nothing to hide, and in either case he had no legitimate reason to go after the guy with the camera.

      For the record, I got an A in civics class... I'm a nerd, after all!

      --
      My truck is like a series of tubes.
  5. Cloud over his future caused by a felony arrest by Minstrel+Boy · · Score: 4, Insightful

    This is one of my soapbox issues. More and more, investigations into your personal history (job applications, police investigations, security clearances, and the like) are questioning your *arrest* record. Being arrested (or even charged, but that's another discussion) denotes NOTHING about guilt, intent, or even behavior. You can be arrested for nothing more than being an out-of-state bystander who is witness to an (alleged) crime.

    The *connotation*, however, is becoming increasingly negative, as is the inference when you refuse to reply, or respond that you have not been convicted of any crimes. (I started to type "have no convictions, but it got very confusing very fast!)

    And no, I personally have neither convictions nor arrests.

    KeS

    1. Re:Cloud over his future caused by a felony arrest by PorkNutz · · Score: 5, Funny

      I personally have neither convictions nor arrests.

      Remind me never to party with you.

      -----
      F&@k You Binary T-Shirt
      Funny Shirts @ ProStoner.com

    2. Re:Cloud over his future caused by a felony arrest by pytheron · · Score: 5, Interesting

      I can agree with your point 100%. Here in the UK, after being involved in a car crash, in which I was a passenger, the police attended the scene. Since the car my friend was driving was in the process of having the ownership details transferred by the legendary slow DVLA, the police checked up on us to see if there were any warrants out for us.
      When it came to check my record, I had none. I'm almost 30, and up until that day, I had never been arrested for anything. I had a bank card in my name, some photo membership etc.. and the police even phoned my landlord to verify my identity, which when verified, his shoulders visibly sagged. After all this, I was arrested. Why ? "We don't believe you are who you say you are, Sir." Great. So I end up sitting in a cell for 5 hours, get my DNA taken, all after a head-on crash which left me nicely bruised and hurting. Eventually, a jovial sergeant came to the cell "You can go now." with a smile. Thanks a f*****g lot.
      To have the fact that I was arrested used against me in any way is just plain wrong. Companies should not be allowed to discriminate on information that provides no indication of wrong-doing.

      --
      "I am not bound to please thee with my answers" [William Shakespeare]
  6. First time for everything by Anonymous Coward · · Score: 5, Funny

    I will tern into a complete police spy

    Tern? That doesn't look like a typographical error, since the "e" and the "u" are nowhere near each other on the keyboard, so we must assume that you intend to watch the police from the water while preening your feathers and searching for fish to eat. Or, perhaps you'd swoop down on them from the sky and crap on their shiny cars?

    Oh, you didn't mean "tern" like the type of bird, you meant you'd draw the three winning numbers in a lottery? Well, that's just confusing.

    I'm a bit confused about your use of the abbreviation for Post Office though - or did you mean Pissed Off?

    1. Re:First time for everything by Evilest+Doer · · Score: 4, Funny

      Tern? That doesn't look like a typographical error, since the "e" and the "u" are nowhere near each other on the keyboard, so we must assume that you intend to watch the police from the water while preening your feathers and searching for fish to eat.
      Sorry, but this reminds me of when I traded some sausage for a pet bird. I took a tern for the wurst.


      And then there was the time I was throwing rocks at birds. I wanted to leave no tern unstoned.

      --
      I feel like death on a soda cracker.
  7. Re:What cloud of his future? by NormalVisual · · Score: 4, Insightful

    Guess you haven't looked for a job lately. Most places where I've worked ask about one's *arrest* record in addition to convictions. If you have been arrested, you of course could lie about it, but if the company does any kind of background check on you it most definitely will show up unless you were a juvenile at the time, and even then, "sealed" doesn't always mean sealed.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  8. Re:thank god by jcgf · · Score: 4, Funny

    Driving and getting pulled over are normal parts of traveling. The other 2 are only involved in contingency plans.

  9. Privacy, anyone? by cdrguru · · Score: 4, Interesting

    So, in light of recent events I should be able to videotape police activities, right?

    Anytime I see police making a traffic stop, I whip out my camcorder and get some nice clear pictures of the police officer and the person being stopped. Sounds about like what is being promoted here.

    The reason this is (was?) illegal in many places should be clear to people but apparently isn't. Yet, I hope.

    The first problem is the idea that people are innocent until proven guilty. Yes, even in America today. So what does my videotape show? Someone being questioned by police. This is the sort of thing that attracts voyeurs like rotting meat attracts flies. People will pay for video like this, especially (but not exclusively) if the person is some kind of public figure or celebrity. Should it be legal to publish such video? Well here in the anonymous Internet age once you have something in digital form there is literally no stopping it from being distributed. You can't stop it and you can't shut it down.

    See? This doesn't have anything to do with the police and everything to do with the other people. If you watch any of the police video shows you will always see the "perp" with his face pixelated so they aren't identifiable. Do you think amature videographers are going to do this before uploading their clip to YouTube?

    This means a simple traffic stop where the cop tells you to watch running through yellow lights has the potential to become an issue with your job. Why? A lot of public-facing jobs really are closed to people that have even a hint of controversy about them. Would you leave your child in the care of a teacher that was accused of having sex with a child? Would you hire someone as a bank teller that was accused of embezzlement? Would you still hire them if your insurance company told you that hiring them would raise your insurance rates? 50 years ago this sort of information could be private and not disclosed. Today, it is readily available to be misused. And it certainly is misused, every day.

    Is it right that groundless accusations can prevent people from getting a job? No. Does it happen every day? Yes, absolutely. Is having video tape of accused (but not convicted) people going to help or hurt?