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Facing 16 Years In Prison For Videotaping Police

krou sends this snip from the Maine Civil Liberties Union: "The ACLU of Maryland is defending Anthony Graber, who faces as much as sixteen years in prison if found guilty of violating state wiretap laws because he recorded video of an officer drawing a gun during a traffic stop. ... Once [the Maryland State Police] learned of the video on YouTube, Graber's parents' house was raided, searched, and four of his computers were confiscated. Graber was arrested, booked, and jailed. Their actions are a calculated method of intimidation. Another person has since been similarly charged under the same statute. The wiretap law being used to charge Anthony Graber is intended to protect private communication between two parties. According to David Rocah, the ACLU attorney handling Mr. Graber's case, 'To charge Graber with violating the law, you would have to conclude that a police officer on a public road, wearing a badge and a uniform, performing his official duty, pulling someone over, somehow has a right to privacy when it comes to the conversation he has with the motorist.'" Here are a factsheet (PDF) on the case from the ACLU of Maryland, and the video at issue.

878 comments

  1. If you've nothing to hide... by Gordonjcp · · Score: 5, Insightful

    ... you've nothing to be afraid of. So, I wonder what it is they're afraid of?

    1. Re:If you've nothing to hide... by Anonymous Coward · · Score: 5, Insightful

      I have nothing illegal to hide - but I still want to. That's what privacy is.

      Cops on duty shouldn't have any privacy. Everything they do should be recorded (except when cost would prohibit recording). As a tax payer, and therefore, the employer of all police officers, I want to make sure my employees are behaving.

    2. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      ... you've nothing to be afraid of. So, I wonder what it is they're afraid of?

      They are afraid they'll be prosecuted next time they treat someone like a king.

    3. Re:If you've nothing to hide... by Anubis+IV · · Score: 1, Offtopic

      By that logic, you wouldn't mind if we went ahead and aired some of your private conversation as well, right? I really hate when your argument is used in situations like this one. If you want to argue that they have no right to privacy because they're civil servants doing their job in a public space, that's fine, but don't try to argue the whole "if you've nothing to hide" line, because it can just as easily be turned around towards us.

    4. Re:If you've nothing to hide... by gd2shoe · · Score: 5, Insightful

      Most of the video is boring. Skip to 2:55. He did deserve to be pulled over, but not like that.

      Cops on duty shouldn't have any privacy. Everything they do should be recorded (except when cost would prohibit recording). As a tax payer, and therefore, the employer of all police officers, I want to make sure my employees are behaving.

      I agree, but it's more than that. They're authority to use force derives from our rights. We have every right to ensure that they are properly executing their duties (without interfering with said duties). The first amendment was specifically intended to allow for dissemination of information regarding improper use of authority. He has an affirmative right to post that video. At best the officer can claim the inferred right to privacy, which shouldn't be granted in this context.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    5. Re:If you've nothing to hide... by Zakabog · · Score: 1

      By that logic, you wouldn't mind if we went ahead and aired some of your private conversation as well, right?

      It depends on the conversation, I've never said anything at work that I wouldn't want being aired, and I deal with customers all day. Not to say that I want everything I say at work to be recorded, but I've never had a conversation where I thought "What if this gets out!" I especially wouldn't want someone to face 16 years in prison for airing ANYTHING I've ever said at work. Even extremely private conversations with co-workers, 16 years is HARSH.

    6. Re:If you've nothing to hide... by Anonymous Coward · · Score: 1, Insightful

      At what point does loss of liberty become tyranny?

    7. Re:If you've nothing to hide... by Splab · · Score: 4, Informative

      Anything you say, can and will be used against you - it's that simple. Spend an hour on this video:
      http://www.youtube.com/watch?v=6wXkI4t7nuc

    8. Re:If you've nothing to hide... by wisdom_brewing · · Score: 1

      Once [the Maryland State Police] learned of the video on YouTube, Graber's parents' house was raided, searched, and four of his computers were confiscated. Graber was arrested, booked, and jailed. Their actions are a calculated method of intimidation.

    9. Re:If you've nothing to hide... by Compaqt · · Score: 3, Insightful

      Yeah.

      What's funny is stupid/corrupt judges (in the sense of favoring expansion of the power of the government of which they are a part) have found some way to not apply wiretapping laws to warrantless Internet taps, yet recording a public servant right out in public is somehow a *wire*tap.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    10. Re:If you've nothing to hide... by Mattcelt · · Score: 5, Insightful

      You're right in a way, and wrong in a way. Law enforcement officers hold an office of Public Trust. While it's correct that they are not *employees* of the Public, insofar as any member of the Public cannot order them about, they are still accountable to the Public (and all of its constituents thereof). Video recordings are a powerful means by which to ensure that accountability is retained. Thus it does have a great and necessary bearing on the taxpayers.

    11. Re:If you've nothing to hide... by snorris01 · · Score: 5, Interesting

      I'm sure that the founding fathers would have had an amendment of the constitution that guaranteed against what is going on right now.

      People should also focus on how unnecessarily dangerous that traffic stop was.

      Why did off-duty officer feel it was necessary to endanger his own life, the motorcyclist and the life of the motorists in the nearby vehicles? His weapon was drawn before he announced that he was a police officer. Somebody who would have chosen fight over flight could have caused a serious altercation. IANAPO, but why couldn't the officer have recorded the details of this obvious lawbreaker and reported it to a marked unit to take care of traffic violations?

      I'm hoping there are other details I don't know about, but the video evidence seems to indicate an investigation of the officer's conduct would be prudent.

    12. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      whoosh!

    13. Re:If you've nothing to hide... by h4rm0ny · · Score: 1


      Well that's fine for you then. But what about the rest of humanity that has said things they don't want public at work? When you argue against something, consider its effects on others, not just yourself.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    14. Re:If you've nothing to hide... by Khyber · · Score: 0, Offtopic

      "While it's correct that they are not *employees* of the Public, insofar as any member of the Public cannot order them about,"

      Halt, you are under citizen's arrest for the murder of that innocent person. Get down on the ground or I will take all necessary action to defend myself and others around me from you.

      Want to bet you can't order cops around? It's all dependent upon who has the bigger gun or the faster draw.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    15. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0, Informative

      Wooosh!

    16. Re:If you've nothing to hide... by sumdumass · · Score: 4, Insightful

      You're right in a way, and wrong in a way. Law enforcement officers hold an office of Public Trust. While it's correct that they are not *employees* of the Public, insofar as any member of the Public cannot order them about, they are still accountable to the Public (and all of its constituents thereof).

      No, they are no more and probably less in practice, accountable to the public then you or I am. Cops and public officials are given greater lenience in violations of laws when they are performing their jobs. It's even worse with cops because you can't vote them out of office. Even you elected officials do not have the authority to directly fire them.

      This "they work for me because I'm a tax payer" all stems from a romantic notion that politicians are worried about getting reelected and do not want to piss the populace off. The You work for me or the I pay your salary is little more then Hyperbole . Union contracts protect most police from that kind of abusive influence and the politicians simply aren't afraid to piss the people off anymore.

      And don't think for a minute that without you the government wouldn't exist, they pass laws all the time to piss people off. How about another tax hike, how about making driking and driving laws so strict that using mouthwash 10 minutes before driving to work will put you over the legal limit, how about the war on drugs and the laws against certain harmless ones like Pot, how about all the regulations that drive up the costs of consumer goods, how about the laws about speed on straight roads in the middle of nowhere with no traffic besides you and the bugs. Yes, you have a say in government in theory, but it's not working for you in any way.

      Video recordings are a powerful means by which to ensure that accountability is retained. Thus it does have a great and necessary bearing on the taxpayers.

      Accountability is another thing. I never spoke against accountability, I only spoke against the idea of ownership of the government or who was who's employer. By all means, the police need to be accountable for their actions as well do the politicians. This is done by using the same systems as they use, the courts. Video taping simply makes it easier to show when they do something wrong. Public opinion doesn't really matter in courts unless it's used to influence a jury (which I suspect this article is attempting to do) which can lead to crimes not being prosecutable because of it becoming impossible for the defendant (in our case, a cop) to get a fair trial. An no, not matter how pissed we are, we don't want to stop giving fair trials because it will come back and bite you sometime too.

    17. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Photography is Not a Crime
      It’s a First Amendment Right!

      http://carlosmiller.com/

    18. Re:If you've nothing to hide... by BrokenHalo · · Score: 3, Insightful

      Anyway, getting back to the point, (and to save everybody some time) the guy in question shows headcam footage of him doing wheelies on his motorcycle, speeding up to 127mph, and overtaking a cop at 82mph.

      The cop pulls him over, pulls a gun out of his belt, waves it around for a second or two, then puts it back in his belt. Sure, the gun was unnecessary, but if anybody was being a danger to anyone else, it was the motorcyclist. Can't say I'm overly sympathetic.

    19. Re:If you've nothing to hide... by Anonymous Coward · · Score: 1, Informative

      I first read "They are authority to use force [...]". Hmm, bit odd way of saying things, but I guess it's okay.

      Then I go on, and it continues with "derives from". Two predicates? Uh oh, now it stops making sense.

      I stop for a moment, go several words back, and replace "they are" with "their" and re-read the whole thing. NOW it makes sense. It would have been more efficient though, if you had done it instead. Then every reader wouldn't have to go through this process.

    20. Re:If you've nothing to hide... by sumdumass · · Score: 1

      The funny thing is, when you place someone under citizens arrest, in most jurisdictions cops are specifically excluded and you are suppose to as soon as possible, remand them to the custody of the police.

      So I assume the cop would either balk at you while he presses the officer down need assist button in his radio so his brother in blue take you down, or say, OK, I remand myself to myself and I will escort myself to the jail while you sit there in amazement and forget to file the complaint.

    21. Re:If you've nothing to hide... by Anonymous Coward · · Score: 5, Insightful

      By that logic, you wouldn't mind if we went ahead and aired some of your private conversation as well, right? I really hate when your argument is used in situations like this one. If you want to argue that they have no right to privacy because they're civil servants doing their job in a public space, that's fine, but don't try to argue the whole "if you've nothing to hide" line, because it can just as easily be turned around towards us.

      Your argument doesn't address what actually happened. The camera man was taping himself riding in public. Somebody in civilian clothes decided to get out of his car while the rider was stopped at an intersection and decided to point a gun in his face without identifying himself as being an officer. The rider was taping in public. The rider did not know the gun man was a police officer when the cop decided to wave a gun in his face.

      Are you saying a person cannot film in public because an undercover police officer might unexpectedly show up in the film? Your argument is either based on ignorance of the actual facts, or just plain stupidity.

    22. Re:If you've nothing to hide... by Man+On+Pink+Corner · · Score: 4, Insightful

      The cop pulls him over, pulls a gun out of his belt, waves it around for a second or two, then puts it back in his belt. Sure, the gun was unnecessary, but if anybody was being a danger to anyone else, it was the motorcyclist. Can't say I'm overly sympathetic.

      Abstract thinking not being your strong suit, and all.

    23. Re:If you've nothing to hide... by ultranova · · Score: 1

      So, I wonder what it is they're afraid of?

      Judging by the mafialike actions described in the summary, I'd imagine there might be quite a lot...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    24. Re:If you've nothing to hide... by BrokenHalo · · Score: 1

      Abstract thinking not being your strong suit, and all.

      Why complicate things unnecessarily? Sure, the subsequent police action was creepy, as was whatever judge or DA authorised their actions.

      But getting back to the original incident: if I, one of many who live in countries where people do not routinely carry firearms, don't see the original action as particularly over-the-top (especially given the pains your TV shows take to show your police in a vastly more aggressive light), then why should anyone else?

    25. Re:If you've nothing to hide... by smash · · Score: 1

      Many low level police are arseholes who couldn't get a real job?

      AS a public servant (which is what a cop is) you should not be doing things in public, to the public, that you might not want the rest of the public to find out about.

      I'd like to know what law this person is being charged with, because its a crock of shit.

      The duties of a public servant performed during the course of their job should be public knowledge, and they should be accountable for their actions.

      Note: this is a totally separate issue from your right to privacy as a private citizen whilst not performing a public service job. You are working FOR the people they have a right to know (via published footage) what the fuck you are doing, so long as there is no (justifiably) classified material involved.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    26. Re:If you've nothing to hide... by neumayr · · Score: 3, Interesting

      At first, your comment, and its moderation, baffled me and left me speechless.
      You're advocating the annulment of privacy laws, implicating that who doesn't has something to hide and is afraid of some unspecified threat.

      Either you have never listened to the arguments of privacy advocates, or you've dismissed them. In the latter case I'd be real interested in the train of thought that lead to that dismissal.


      If all you were referring to was the right to privacy for officers on duty that's a whole different thing of course..

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    27. Re:If you've nothing to hide... by Hognoxious · · Score: 1

      Is that "you" singular or plural? If the former, you're 100% right. If it's plural, you're 100% wrong.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    28. Re:If you've nothing to hide... by darthflo · · Score: 3, Insightful

      In a working direct democracy, the government cannot pass legislation that'll piss a majority of the people off. Unfortunately, and that's not even limited to the US of A, a lot of people are amazingly stupid. But to get back to your examples:

      How about another tax hike

      Roads, schools, firemen and, well, every other public service need funding. If backed by valid reasons, few people will contest a tax hike.

      how about making driking and driving laws so strict that using mouthwash 10 minutes before driving to work will put you over the legal limit

      You don't get convicted on a breathalyzer readout (not in Europe, anyways. The strange things you folks overseas do are, well, strange). You'll get taken to the nearest hospital, lose a couple drops of blood and with a bit of a delay you'll be on your way without a charge. Use an alcohol-free mouthwash before your next important appointment and you're good. And again, most people prefer a couple of mouthwash-related blood alcohol tests to hordes of drunk people in control (or lack thereof) of two tons of speeding metal each. Cars are dangerous. Operating dangerous machinery while drunk is deadly.

      how about the war on drugs and the laws against certain harmless ones like Pot

      That one is quite sad. Basically it boils down to dumb people being afraid of things they don't understand. It's not entirely the politicians' fault, though. Check the voting records of, say, Switzerland, where public votes have been had: the disappointing turnout was some 65% of naysayers. Broaden your horizon: pot consumers tend to be in the 15-30 age bracket, and there's a whole bunch of voters aged 30+ and lots of them don't see a reason to legalize.

      how about all the regulations that drive up the costs of consumer goods

      Can you spell Nanny State? A lot of people do and really like the concept of it. In any case, it's easier to just regulate everything than find a great balance; and it's easier to just nod things through than propose a better alternative.

      how about the laws about speed on straight roads in the middle of nowhere with no traffic

      As far as I know, none of the satellite-based have left their trial stages. Save for those, you're good to go: as long as you are concentrated enough to see and react to any speeding cams, patrol cars and wild life from far enough, none of these will bother you. It's quite logical: If you speed only as much as you can actually handle, you won't be arrested because you'll already have slowed down to the speed limit in the event of a checkpoint. If you couldn't manage that, you were demonstrably going faster than you can handle and should get ticketed.
      In any case, speeding cams get approval ratings of around 70% in the UK. Speed limits probably even higher. This is not the government working against you, it's the government working for the majority of voters.

    29. Re:If you've nothing to hide... by Jackie_Chan_Fan · · Score: 4, Insightful

      "If you've nothing to hide... ... you've nothing to be afraid of."

      Thats what the police and government want us to believe because it makes their job easier, and their abuses of power are hidden away from the public.

      It really is funny how the police and government cover up everything they do wrong, but want to know everything you do.

      Filming a police officer should be completely legal. As long as they have power over us, and we pay their wages... We have every right, like a boss would, to review their on the job behavior.

    30. Re:If you've nothing to hide... by nazsco · · Score: 1

      So the wiretap law is about securing communication for 2 parties. well, one was the officer and the other the person being arrested. the communication was secured alright. just one of parties involved choosed to publicize it.

      Also, I didn't see the video, why the police was after him or if he knew the police was pullingh him. I just jumped to the end of the video, and if that ever happened to me, a guy get's out of the car with gun in hand, no uniform, not showing any badge, i'd probably try to run over him and get away of what looked like a highway bike robbery.

    31. Re:If you've nothing to hide... by christoofar · · Score: 1

      If Maryland troopers with the sideways hats behave like that in the name of Public Trust, I don't trust them.

      And that's exactly why the State of Maryland will lose in court.

    32. Re:If you've nothing to hide... by Weezul · · Score: 1

      In fact, you don't have much right to privacy when your in a public place. U.S. laws are fairly clear about this point.

      Entertainers usually ask for waivers before using your images, but that just helps eliminating lawsuits, they don't actually need them to win the law suits. For example, a girl recently lost her lawsuit against Girls Gone Wild because her girlfriend pull down her shirt in front of their cameras and they used the footage. She'd probably have won if a GGW staffer had pull down her shirt. And obviously GGW would have saved themselves lawyer fees if they'd asked for waivers from anyone entering the bar, although maybe that'd ruin the mood.

      News organizations usually don't even bother with the wavers because they've much stronger rights.

      I'd imagine the ACLU will eventually in this case, but they may need to appeal up to a non-corrupt judge.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    33. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Then reality sets in when we realize that the cops don't seem to have anything better to do and the computers don't get returned. While the suspect will have his day in court, confiscated possessions has been common practice since the secret police decided that everyone was a drug dealer and all of their property is owned by the state. It won't end until you take that "public trust" out of their hides for their bad judgment. They aren't running a protection racket.

    34. Re:If you've nothing to hide... by MoeDumb · · Score: 1

      How many years is the officer facing?

      --
      Mod Me Up. You'll make a grown man cry.
    35. Re:If you've nothing to hide... by Weezul · · Score: 3, Interesting

      Just fyi, Americans have very little right to privacy when their in a public place, witness the recent lawsuit Girls Gone Wild won. ACLU will win this case either directly, if the judge follows precedent, or on appeal, if this judge is corrupt.

      We'd prefer the police department ended up paying Anthony Graber some settlement for malicious prosecution of course, but who knows.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    36. Re:If you've nothing to hide... by MurphyZero · · Score: 1

      I think the comment "If you've nothing to hide... ... you've nothing to be afraid of." was meant for the police officer. What are they (the officer and his bosses) afraid of? Probably a lot of laws they have been breaking becoming common knowledge.

      --
      Our founding fathers removed the guys in charge. Be American. Vote incumbents out.
    37. Re:If you've nothing to hide... by Skapare · · Score: 4, Insightful

      Correction: Cops should not have any expectation of privacy when performing any actual police function. Even "on duty" there are moments of personal time, whether taking a leak in the can. or having an afternoon delight with another cop in a back room. Even things like working out at the gym. As a taxpayer, you may well want to be sure if cops are wasting their time when officially "on duty" but off doing something in the back room. But a video or even audio recording of it, is for the most part, out of bounds (it might be admissible in court to counter a denial, if the matter gets there, but that should be for the judge and jury to see, not the general public).

      Any police function, particularly when facing members of the public, are not private.

      --
      now we need to go OSS in diesel cars
    38. Re:If you've nothing to hide... by X0563511 · · Score: 5, Insightful

      Said cop was completely out of uniform, pulled the gun out BEFORE the badge.

      That is not acceptable. "I'm a cop" doesn't fucking cut it.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    39. Re:If you've nothing to hide... by X0563511 · · Score: 5, Insightful

      He was out of uniform and did not present his badge. He just said "I'm a cop".

      What stops me from cutting someone off who pissed me off in traffic, jumping out, drawing, and saying "i'm a cop"? My sanity. That's all, and not everyone with road rage would have that.

      If this had happened to me, I'd probably be going away for a very long time, because my own reaction to this would have been to draw and defend myself.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    40. Re:If you've nothing to hide... by Lumpy · · Score: 1

      What are they afraid of? Exposing that Maryland State police are corrupt and evil people. They are terrorists with state permission.

      Honestly the few honest Maryland state police need to be vocal about how they are embarrassed about this. Every honest cop I have came in contact with have no problems with being recorded even without them knowing it. It's the dirty cops that dont like being recorded.

      --
      Do not look at laser with remaining good eye.
    41. Re:If you've nothing to hide... by TVmisGuided · · Score: 4, Insightful

      Indeed, the laws of the United States are quite clear. If something occurs in a public place (and a public street definitely qualifies), it may be photographed or videographed by any person with clear line of sight to that event. The exception would be if the event took place inside a vehicle, which most jurisdictions consider an extension of a person's home or corporation's property, in which case the implied right of "privacy in the home" applies.

      The charge of "unlawful wiretapping" is nothing more than an attempt at an end run around Graber's rights. I hope the judge can see this.

      DISCLAIMER: IANAL. I am, however, a photographer.

      --
      All the world's an analog stage, and digital circuits play only bit parts.
    42. Re:If you've nothing to hide... by couchslug · · Score: 4, Insightful

      "His weapon was drawn before he announced that he was a police officer."

      If Joe Citizen were to do that, they could get busted for "pointing and brandishing" the firearm.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    43. Re:If you've nothing to hide... by Beezlebub33 · · Score: 5, Insightful
      The issues here are completely independent. The motorcyclist needs to get tickets for his infractions, and I'd say that reckless endangerment is one of the likely ones, and so he'll get what he deserves.

      The cop is still wrong for pulling the gun completely unnecessarily. When he steps out of the car, the first thing he should do is flash the badge and order the guy off the motorcycle. The hand motions were actually pretty close to what they should have been, but he had the wrong thing in his hand. There are rules for when and why you pull a gun, and this is absolutely not one of them.

      The state is completely wrong for charging him with a wiretap law. There is no way that a public street has any expectation of privacy.

      --
      The more people I meet, the better I like my dog.
    44. Re:If you've nothing to hide... by flyneye · · Score: 1

      The government is still answerable and though telling your employee what to do requires much paperwork, it still moots your point.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    45. Re:If you've nothing to hide... by BubbaDave · · Score: 1, Offtopic

      If Maryland troopers with the sideways hats behave like that in the name of Public Trust, I don't trust them.

      And that's exactly why the State of Maryland will lose in court.

      Your naivete does not match your UID- whose account have you hacked?

      Dave

    46. Re:If you've nothing to hide... by Anonymous Coward · · Score: 1, Interesting

      while the constitution does now contain the bill of rights, those rights were only put there at the insistence of the states. our founding fathers had not even thought of 'guaranteeing' the rights they were so intent on winning.

    47. Re:If you've nothing to hide... by Nadaka · · Score: 4, Interesting

      He also drew his gun while in the car, and brandished it at the guy before identifying himself as a police officer.

    48. Re:If you've nothing to hide... by stiggle · · Score: 3, Informative

      The undercover trooper threatened the rider twice "get off the bike", "get off the bike" and only identified himself (without showing any identification) as State Police when he'd got up to the bike.

      Surely in all the time they were following the bike, he'd be able to put his badge on somewhere visible, like on a lanyard around his neck, or clipped to his jacket.

      The first words out of the state troopers mouth when he exited the vehicle should have been "State Police, get off the bike".
      Identification first - to show jurisdiction - and then the orders.

      A sensible cop would have taken him down to the station, got a copy of the video footage and then used that to prosecute the guy.

      The police in the UK have used YouTube video as evidence before now on charging people for dangerous driving - the biker had a distinctive jacket which they traced. As it is, this idiot is likely to get off the charges due to incompetency by the cops.

    49. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Gordonjcp's comment was obviously satire. Law enforcement and government agencies often use the "if you've done nothing wrong then you've got nothing to hide" line. Gordonjcp is turning that around on THEM.

      The wiretapping law is fine. It does not apply in this case, however.

    50. Re:If you've nothing to hide... by joebagodonuts · · Score: 4, Insightful
      That's not the point of the article. The point is a wiretapping law that doesn't apply was used to threaten and intimidate. Seems like I hear of people getting harassed because they take pictures of cops making arrests, etc. If the guy is an idiot on his motorcycle, and a danger to other motorists - take his license. and hist motorcycle. Don't twist an unrelated law that doesn't apply. Especially when the twisting just seems to be an attempt to control perception.

      "In a trend that we've seen across the country, police have become increasingly hostile to bystanders recording their actions. You can read some examples here, here and here."

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    51. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Seconded. This and the Flex Your Rights video on how to deal with police (with commentary and narration by Ira Glasser) should be required viewing for everyone.

    52. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Flamebait? Really? Mods are too sensitive today.

    53. Re:If you've nothing to hide... by Senior+Frac · · Score: 3, Informative

      Whoa... hold on there.

      "Point a gun in his face" and "wave a gun" is a long way from "draw a gun and keep it pointed at the ground". You are exaggerating.

    54. Re:If you've nothing to hide... by Rogerborg · · Score: 1

      {Cops] are employees of the government not you.

      Fine, then "the government" can start paying them out of "its" own pocket, and stop sending me the bills.

      --
      If you were blocking sigs, you wouldn't have to read this.
    55. Re:If you've nothing to hide... by camelrider · · Score: 2, Insightful

      I wonder if anyone has explained to that cop that he places himself in danger by waving that pistol around before having identified himself. He could have been mistaken for a motorcycle thief!

    56. Re:If you've nothing to hide... by jasoncar · · Score: 1

      Thanks -- quite informative. Worth spending the hour...

    57. Re:If you've nothing to hide... by oh-dark-thirty · · Score: 2, Interesting

      If there is an expectation of privacy on public streets, then all public traffic/safety/security cams must be taken down immediately. What if Officer Dribble there was caught on one of those, if only inadvertently? Say I was watching one of those streaming cams on their DOT's website (not sure if they have any, but most states do), and I captured that video and released it to the wild. Does the state have any liability? Do I?

    58. Re:If you've nothing to hide... by AndersOSU · · Score: 1

      It's not hard to put safeguards on such a measure.

      All police officers shall be recorded while in the field and performing their official duties, except in certain undercover situations.

      In the event of a complaint of police abuse or misconduct, the recordings of the incident and the 20 minutes immediately prior to the incident shall be released to the public. All recordings not capturing a crime or arrest shall be destroyed after sixty days.

      This way you don't have to worry about some skeezy lawyer sifting through an entire cops career looking for one off-color joke or inappropriate action, but if the cop does something wrong, it's documented. As we've granted the police a monopoly on the legal use of force, I don't think this is asking too much.

      All recording of police officers acting in their official capacity and interacting with the public is hereby explicitly protected.

    59. Re:If you've nothing to hide... by Mr.+Freeman · · Score: 1

      "Public servant does not mean working for the public, it means working for the government."

      The government is supposed to SERVE THE PUBLIC, moron. Whether or not the government actually does serve the public is another matter, but saying that the police officers aren't there to serve you is just completely asinine. It's printed on half of their cars "to protect and SERVE".

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    60. Re:If you've nothing to hide... by gravis777 · · Score: 1

      Well, I watched it without audio, but here is what I saw. Motorcycalist is being stupid. Cop pulls him over. Here is my problem - unmarked police car, plainclothesman officer, does not identify himself, just pulls out a gun, guy jumps off his motorcycle. Looks like a carjacking to me. Gee, I wonder why MD didn't want this video getting around.

    61. Re:If you've nothing to hide... by AndersOSU · · Score: 2, Insightful

      First, he's being facetious. But even if he weren't you don't have any expectation of privacy in public. Try getting video evidence of your arrest getting thrown out because it violated your privacy. It'll give the judge a good laugh, just as this case ought to - right before he reams the DA and the state police.

    62. Re:If you've nothing to hide... by mdwh2 · · Score: 1

      it was the motorcyclist. Can't say I'm overly sympathetic.

      What has that got to do with anything? The issue is the 16 years in prison for videotaping someone in public; not a speeding motorcyclist, nor the gun waving.

      (If the motorcyclist is the guy in question - it's unclear from the article and I'm unable to watch the video now - it still doesn't change the point.)

    63. Re:If you've nothing to hide... by Attila+Dimedici · · Score: 4, Insightful

      What's funny/ridiculous about Maryland doing this is that in Maryland many police cars have video cameras installed in them to record traffic stops (and other police activity). The police do not find it necessary to inform those they pull over that they are being videotaped. The justification for that is that those being pulled over do not have an expectation of privacy when they are on the public roadways. Yet in this and several other cases, prosecutors (and police officers) assert that the police have an expectation of privacy when conducting their duty (in some cases the very same traffic stops that they would contend the ordinary citizen would have no expectation of privacy if the officer had a video camera in his car).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    64. Re:If you've nothing to hide... by mdwh2 · · Score: 1

      By that logic, you wouldn't mind if we went ahead and aired some of your private conversation as well, right?

      Since when was this in private?

      You can record me in public all you like - and the police and CCTV happily do that to others.

      (Look at the recent case in the UK of Ian Tomlinson, of the importance of being able to record video in public, including of the police.)

    65. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Listen up. If you want your message heard: LEARN TO WRITE. By all means, you're free to ignore that and find out that people ignore you as well.

      It's not like my country would put people in prison for 16 years for almost any reason. As such, there's no particular reason for me to care about your problems unless you actually convince me about the grave importance of that stuff. And had I read your post there could heve been a slight chance of achieving that.

    66. Re:If you've nothing to hide... by dkleinsc · · Score: 1

      In addition to not talking to police (which is still brilliant), you should also not as a rule let them into your home or your car. If they have a legitimate reason to search, then they'll have a warrant or explain to you their probable cause for doing so.

      Like every rule, there's a potential exception: If you're the victim of a crime, you might want to give the police access to the scene of the crime. However, you'd be wise to search the place pretty thoroughly yourself first to make absolutely sure there are no weapons or contraband there.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    67. Re:If you've nothing to hide... by Sprouticus · · Score: 2, Interesting

      Actually I would argue that the cop was acting reasonably by pulling his weapon because he had to stop in front of the cycle. As I understand it, coming out of a car in front of a suspect is dangerous and precaution is warrented.

      Which has nothing to do with the fact that charging his for posting the video is absurb. The only good thing about this is that hopefully some court will finnally ge tto rule this shit unconstitutional.

      I suggest you write your congress critters. I already wrote mine (well the Dem's, the chance of a Republican siding with a citizen over a cop is zero, It is only highly unlikely for Dem's)

    68. Re:If you've nothing to hide... by dkleinsc · · Score: 1

      except in certain undercover situations

      Why the exception for undercover? I grant you the recording would not be like the cop-car cameras, but wires, bugged apartments, and surveillance tape ought to give them some level of recording coverage. About the only exception I can think of is a cop who needs to sleep with somebody at a place that wasn't controlled by the police as part of their investigation, which I can't think would be a common situation.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    69. Re:If you've nothing to hide... by __aamnbm3774 · · Score: 1

      It really is funny how the police and government cover up everything they do wrong, but want to know everything you do.

      Funny would not have been my choice of words.
      Frightening / Sad / Inexcusable perhaps are better options.

    70. Re:If you've nothing to hide... by Teux · · Score: 5, Insightful

      I've always found the "to protect and serve" on police cars to be intensely ironic considering that they do neither.

      Modern police serve mainly to try to keep the peace and to clean up after crimes. They come into most situations and arrest whoever is causing the most ruckus or is most uncooperative. They act like frustrated, tired parents who just want some quiet when they come home from work. Right and wrong mean a lot less then just getting everyone out of their hair.

      Then comes the counselor act, where the cops show up after a crime. They assure everyone the that criminal will be caught (rare unless they are caught in the act of another crime) and clean up the mess a bit after pretending to care for a bit.

      I'm sure my contempt for the police shows in this post, but I really do believe that as a whole we need more control of the people we allow to walk among us with guns.

    71. Re:If you've nothing to hide... by Andy+Dodd · · Score: 1

      "Also, I didn't see the video, why the police was after him or if he knew the police was pullingh him."
      As to "why" - At one point he popped a wheelie and was doing 129 MPH. He deserved to get pulled over.

      HOWEVER, the method of pulling him over was "Car (VW?) with darkly tinted windows cuts you off and driver comes out brandishing a gun." - Effectively indistinguishable from a road rager.

      I did not see any signs of the police attempting to do a standard pull-over manuever (e.g. turning their lights on) - I did not see ONE sign of any active police vehicle lights.

      Oh yeah, I don't know about Maryland tint laws, but in New York State that cop's vehicle's tinted windows would have been illegal. (In NYS, standard passenger vehicles and station wagons are not permitted to have tint on any side windows. Some vehicles can get around this by classifying as "light truck" - my Subaru Outback carries a SUBN classification due to fold-down rear seats and a rear cargo area, allowing Subaru to put factory tint on the rear side windows, but I don't think that little VW hatch could be classified as such.) Many of the NYS tint laws are actually intended to protect cops from situations just like this motorcyclist was in ("surprises" from heavily armed vehicle passengers or driver).

      --
      retrorocket.o not found, launch anyway?
    72. Re:If you've nothing to hide... by LWATCDR · · Score: 0

      "Cops on duty shouldn't have any privacy. "
      No. Even while on duty they should have some right to privacy. They may get a call from their wife of children while one duty about family matters. I will assume that you agree with that but where just making a general sweeping statement.
      I would say that when acting in the line of duty they have no expectation of privacy and that those actions are public in nature.
      As to recording everything they do? Not really Maybe every stop should be recorded or even every interview they do but not every minute of every day. Would you want to be under that level of observation?
      I know that I wouldn't.
      Also you are not their employer they hold an office of public trust. Frankly they get more grief that you can imagine and must deal with the worst parts of society on a regular basis. There are some very good police officers out their.
      My brother in law is an excellent officer. He got an accommodation for preventing a man from taking his own life.
      He then got busted because he refused to reprimand an officer. The officer had a juvenile with a gun. The juvenile was threatening the officer and wouldn't drop the gun. The officer finally yelled at the teenager, "Drop the f'ing gun!" and the teenager did and nobody got hurt. The city wanted the officer reprimanded for using profanity on duty. The parents of the teen complained that the officer didn't have to use such foul language!
      The city wanted him reprimanded and my brother in law refused because he felt the officer had tried everything else and it ended up with nobody getting shot. So he was busted.
      As I said, there are a got of good men and women out there that are just trying to do a really terrible job. They deserve a little respect and consideration.
      Frankly when I have been stopped it is usually my fault. Most of the time when I am polite they are also and often I have gotten a warning.
      Twice I have run into jerks that and one of those times I got a tick for something I didn't do. I was from out of town and he was a jerk.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    73. Re:If you've nothing to hide... by Tarsir · · Score: 1

      As a tax payer, and therefore, the employer of all police officers, I want to make sure my employees are behaving.

      Do you think your employer should have a camera on you at all times, in order to make sure that you are behaving? Furthermore, that you pay taxes which go towards police officer's salaries no more makes you their employer than I am Blizzard's employer because the money I spend on their products is used to pay their salaries.

      That being said, I do think squad cars should be equipped with cameras, and that the footage should be available to the prosecution and defense in any relevant legal matter.

    74. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      As a tax payer, and therefore, the employer of all police officers, I want to make sure my employees are behaving.

      Thanks for saying this. I'm afraid too many of us have forgotten this fact. We should have direct input on how they do their jobs - the jobs WE gave them.

    75. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      I'm sure that the founding fathers would have had an amendment of the constitution that guaranteed against what is going on right now.

      From the declaration of independence:

      That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

      And the second amendment is supposed to enable you to do just that. Granted, it's gonna take _a lot_ of angry people with guns... I doubt anyone even imagined todays monstrosity of a government back when the constitution was written.

    76. Re:If you've nothing to hide... by BobMcD · · Score: 3, Interesting

      Actually, that's a slam-dunk defense right there! If the car behind him was recording, the helmet recording is completely moot, because the officer knew he was on tape. Yes?

    77. Re:If you've nothing to hide... by AndersOSU · · Score: 1

      It wouldn't surprise me if some sophisticated organized crime organizations employed fairly sophisticated anti-surveillance countermeasures. A Mafia don might think it's worth his while to sweep visitors with a non-linear junction detector, in which case a button cam might very well get you killed.

      These situations are always going to be much more the exception than the norm, but legislation would have to consider it and not make recording a blanket requirement.

    78. Re:If you've nothing to hide... by Albanach · · Score: 1

      Anyway, getting back to the point

      No, you jumped away from the case in point. What happened before the officer arrived was well documented, and the actions of the motorcyclist and cop are an entirely separate discussion.

      What the ACLU raised is whether you should go to jail for up to sixteen years for recording a police officer without their permission. Bear in mind that the officer jumped unannounced out of the grey vehicle into the field of vision of the motorcyclist and hence into the ongoing recording.

      Given the clearly dangerous driving before the officer arrived, it's easy to think that's what should be discussed, but that's not why his home was searched, property seized or why he's facing a jail sentence twice as long as others have received for raping an 11 year old.

    79. Re:If you've nothing to hide... by paeanblack · · Score: 3, Informative

      People should also focus on how unnecessarily dangerous that traffic stop was.

      Why did off-duty officer feel it was necessary to endanger his own life, the motorcyclist and the life of the motorists in the nearby vehicles?

      The "victim" was driving 127mph on a public road with other traffic around. Who was placing whom in danger again?

      (and he wasn't driving a Toyota, either)

    80. Re:If you've nothing to hide... by mcgrew · · Score: 3, Informative
    81. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Apparently, Maryland is one of the twelve states where you have to get permission from all of the participants to a conversation, for example, in order to make a recording of the event.

    82. Re:If you've nothing to hide... by Anonymous Coward · · Score: 1, Interesting

      Speaking as a bikerider, you might be a little bit off, when I've been pulled over (once, to receive a warning for mild speeding) I was not asked off the bike. It's really unneccessary. Dismounting involves a kickstand, lots of movement, and plenty of opportunities for an opportunistic criminal to draw a weapon.

      Alternatively, you just tell the rider to cut the engine and hang out on the bike. He's already pulled over and you've approached, so it's unlikely he's a flight risk at this point. His hands will naturally remain where you can see them, he can get to to his wallet to hand you ID without dismounting, and that way he doesn't have to go through all the motions and the officer doesn't assume additional risk.

      For the record: I agree that charging the rider under a wiretap law is ludicrous. That is pure intimidation. The officer should be investigated based on the video. Unfortunately terms like "Fraternal order" and "All for one" give too many of our LEOs the impression they're supposed to protect one another when they act as if they're above the law, rather than treating them like another criminal, which is what this guy is--at least in my current state (Georgia), pointing a firearm at another person without a lawful purpose is specifically called out as a crime.

    83. Re:If you've nothing to hide... by dkleinsc · · Score: 1

      Trouble is, if you're not careful, all this does is make the police spend a lot of time and effort ensuring that their work falls under the exception.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    84. Re:If you've nothing to hide... by Mashiki · · Score: 1

      Why did off-duty officer

      Police are never off-duty, they're either on active call service, or not. But there is no off-duty. Going to active means making a dispatch call and logging it.

      --
      Om, nomnomnom...
    85. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      The gun draw wasn't even the point. Hey may be completely justified as far as department guidance is concerned as exceeding the speed limit by that much does get into a deeper class of law-breaking than simply a misdemeanor traffic ticket. The main point here is that the State somehow thinks this guy has an expectation of privacy in doing his public job and that is a load of garbage. It has nothing to do with whether that motorcycle driver was an idiot, a dangerous jerk, or anything else. We all have to draw that line. This is about the State finally stepping way the **** over it's bounds and smashing the rights of the Citizens of this country with a totalitarian hammer. Even when the State loses this case, the man still is being put through hell and incurring a huge cost. The cop and the filing attorneys incur no costs or risks of their own. That is also wrong and they need to be held accountable for this by the Citizens. Decide where you stand... with the totalitarians or the people... as I don't think people are going to see shades of gray on this one.

    86. Re:If you've nothing to hide... by Svartalf · · Score: 1

      In light of the fact that all on-active LEOs have on-board cams on their cruisers, this means they tacitly accept that they will be recorded. This is regardless of the off-active cop that pulled this stunt (and it WAS one...). If he didn't have a cam in his personal car, it doesn't remove the approval of things on the other end.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    87. Re:If you've nothing to hide... by mcgrew · · Score: 1

      how about all the regulations that drive up the costs of consumer goods

      You mean like worker safety regulations and environmental regulations? Sorry, but I'm all for them, as is any sane voter. I'm ok with paying an extra nickle for that jug of Roundup, since it means you can drive past a Monsanto plant without the air burning your lungs like it did before the Clean Air Act. I'm all for paying an extra fifty cents for that cable since it goes to safety gear keeping a worker from being boiled in vaporized in a vat of molten copper. I'm all for regulations and inspections of food plants to keep ME from getting the runs or even being hospitalized. I'm all for regulations that keep drug companies honest; I could die without those regs.

    88. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      The law has nothing to do with video, only the audio from private conversations.

    89. Re:If you've nothing to hide... by harl · · Score: 4, Interesting

      Lie:
      It wasn't 82.

      The video clearly states 69 mph on the cop pass.

      Misrepresentation:

      The cop didn't pull him over.

      An out of uniform cop in an unmarked car cuts him off. Gets out. Draws the gun. Tells him to get off the bike. It appears to be a car jacking. Only when Anthony starts trying to back away does he identify himself as state police.

      --
      I find being offended by me offensive.
    90. Re:If you've nothing to hide... by DiademBedfordshire · · Score: 1

      They come into most situations and arrest whoever is causing the most ruckus or is most uncooperative.

      Who should they arrest then?

      They act like frustrated, tired parents who just want some quiet when they come home from work. Right and wrong mean a lot less then just getting everyone out of their hair.

      Take a domestic violence case. Who should the officer side with? If both parties are bloody and bruised who started it and who is at fault? Cases are never cut and dry, so they break it up, get one or the other out of the scene and hope that with distance they are willing to work it out themselves.

      Then comes the counselor act, where the cops show up after a crime. They assure everyone the that criminal will be caught (rare unless they are caught in the act of another crime) and clean up the mess a bit after pretending to care for a bit.

      When somebody you know and love has been hurt you don't want to hear the truth that you and I both know, you want to be comforted and thats a large part of the police officers job. To make people feel safe in a very unsafe world.

      I'm sure my contempt for the police shows in this post

      It sure does but remember the police are an imperfect system for an imperfect world. If we could have a perfect law and order system there would be no need for one.

      , but I really do believe that as a whole we need more control of the people we allow to walk among us with guns.

      I agree but as the need for police rises the pay must also rise or the quality must decrease. I would be in favor of a smaller better paid police force given more authority, better training, more education and more accountability.

    91. Re:If you've nothing to hide... by mea37 · · Score: 1

      It's not quite that clear-cut.

      There are 12 backward states, and Maryland is one of them, where all parties must consent to an audio recording. The details of that do vary from state to state, and I'm not familiar with the ins and outs of Maryland law, so if you need to know for sure get a lawyer; but:

      Consent to record is typically meant to be applied to recording of phone calls, etc., but it is not at all uncommon for it to be applied to audiotaping a face-to-face conversation, or videotaping same if there is an audio track recorded with the video. Don't confuse the right to photograph anything in a public place (which does typically extend to the video component of your recording) with the right to make and audio recording; in many jurisdictions they are not the same.

      As a special case, I believe that a police officer performing his duty in a public place should be required to always implicitly consent to recording. But my belief of how it should be doesn't mean that's how it is.

    92. Re:If you've nothing to hide... by theghost · · Score: 1

      Roads, schools, firemen and, well, every other public service need funding. If backed by valid reasons, few people will contest a tax hike.

      I don't know where you live, but around here, taxes are synonymous with communism and they reflexively vote against them.

      Our public schools are ranked as some of the worst in the state and our state is ranked as one of the worst in the nation. Our teachers' pay barely puts them over the poverty line. Our roads are only getting desperately needed repairs because of federal stimulus money.

      And still, every time a 0.01% tax increase comes up on a ballot they act like you're taking food right off their table.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    93. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      All I can say is RTFA. It's not about speeding, it's about being charged with wiretapping for video tapping a police officer.

    94. Re:If you've nothing to hide... by sheehaje · · Score: 1

      Video Recordings work both ways. We recently had local police have to use lethal force on a guy who hit another officer with his car, and before the video came out there was outrage over the issue. Turns out that once the video became public, and people saw what actually happened, the public criticism stopped right away.

      Police Video Vindicates Use of Lethal Force

      It is scary how many people just don't want the truth to come out in any situation. We are taught from a young age about accountability, but there are too many stories like this that show that there our government and civil servants want to be above accountability for their actions.

    95. Re:If you've nothing to hide... by JoeMerchant · · Score: 1

      I think Maryland is also one of the few states that forbids radar detectors... in their view it's O.K. for the Police to use new technology, but not for the policed.

    96. Re:If you've nothing to hide... by TheLink · · Score: 1

      Wouldn't pulling a gun and forcing another vehicle to stop be a rather dangerous thing to do in the USA? The other person could shoot you and say "self defense".

      Cops themselves have killed people who did far less, and got away with "self defense".

      --
    97. Re:If you've nothing to hide... by JoeMerchant · · Score: 1

      if anybody was being a danger to anyone else, it was the motorcyclist. Can't say I'm overly sympathetic.

      Sympathy for the motorcyclist is moot, the guy making the videotape is the one who needs some protection.

    98. Re:If you've nothing to hide... by Pretzalzz · · Score: 1

      Consider this scenario. A motorist called 911 to report a red motorcycle doing wheelies at 130MPH. Dispatcher issues an APB for said red motorcycle. Undercover cop witnesses a red motorcycle matching the description doing 80 and pulls him over. Since the stop is due to an APB and said cop doesn't normally do traffic stops he exercises a greater degree of caution[if he needs his gun he doesn't want to waste time later pulling it]. Motorist vindictively exposes the identity of said undercover officer. Police get pissed and look for something to charge him under and end up using an inappropriate law.

      Not guaranteeing this is what happened, but it is certainly plausible.

    99. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Thats what the police and government want us to believe because it makes their job easier, and their abuses of power are hidden away from the public.
      Thank you for explaining OP's joke :-P

    100. Re:If you've nothing to hide... by Scrameustache · · Score: 1

      inside a vehicle, which most jurisdictions consider an extension of a person's home or corporation's property, in which case the implied right of "privacy in the home" applies.

      Funny, around here if it's visible from a public space, it's public.
      They bothered to explain that to new drivers because of hormones... and backseats.

      --

      You can't take the sky from me...

    101. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      . . . decided to point a gun in his face without identifying himself as being an officer.

      You didn't actually watch the video, did you? Come back when you have.

    102. Re:If you've nothing to hide... by TheLink · · Score: 2, Insightful

      'If Joe Citizen were to do that, they could get busted for "pointing and brandishing" the firearm.'

      That's if Joe Citizen was lucky enough to not die from a rapid lead overdose.

      --
    103. Re:If you've nothing to hide... by Runaway1956 · · Score: 1

      My thoughts exactly. Up until the cop identified himself, the cyclist would have been entirely justified in shooting him down like a dog. Plain clothes, unmarked car, he pulls up beside me, and cuts me off? I wouldn't have sat there long enough for him to get out of his car, so I would never have learned that he was a cop.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    104. Re:If you've nothing to hide... by cynyr · · Score: 2, Informative

      Still his badge should have been in his hand(the one without the gun, as he was out of uniform) and visible I had to have it pointed out to me that the guy in the car even had one(on his belt half under his shirt).

      The helmet cam was clearly visible, and there wasn't an order in the provided footage of an order to turn it off or disable it. http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/ has a picture of the guys setup, it looks like a point and shoot camera on top of a helmet. That was definitely public space, where anyone could be recorded. I'm sorry but until he says "state police" and shows a badge or is in uniform he's acting as citizen. If you can find the additional footage it shows a unformed officer showing up at the scene as well. All of the search and arrest for 26 hours, and now the trial are simply uncalled for. public space == public space.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    105. Re:If you've nothing to hide... by Posting=!Working · · Score: 1

      Save for those, you're good to go: as long as you are concentrated enough to see and react to any speeding cams, patrol cars and wild life from far enough, none of these will bother you. ... In any case, speeding cams get approval ratings of around 70% in the UK.

      They don't enforce speed limits like that in the USA. Speed cameras are hidden and frequently placed in the safest areas to maximize revenue. There might be a few marked speed cameras to slow drivers in a dangerous area here, but I've never seen one. Unmarked police cars use radar to catch people speeding on restricted access highways. There's no way to see and react to an unmarked car in oncoming traffic using radar to catch you on a 4 lane divided straight highway through Kansas 20 miles from any exit. Or off the road hidden behind an overpass. Or on an overpass radioing your speed to another patrol car down the road. Or...well, I could do this all day. Safety is the stated reason for the speed laws, but maximizing revenue is the way that is actually enforced.

      Speed cameras approval ratings are so low here that people frequently block the lenses. Phoenix, Arizona is getting rid of them entirely due to public outcry. Kentucky has a few portable radar signs that display your speed, but never put cameras in them (because someone would eventually shoot them, is my guess.) Red light cameras are used the same way. Studies have repeatedly shown that increasing the length of yellow lights reduces accidents. Many cities with red light cameras have been caught decreasing the length of yellow lights where they have speed cameras, increasing both the number of accidents and the number of tickets, all in the name of safety.

      --
      This sentence no verb.
    106. Re:If you've nothing to hide... by bill_mcgonigle · · Score: 3, Insightful

      What stops me from cutting someone off who pissed me off in traffic, jumping out, drawing, and saying "i'm a cop"? My sanity.

      I suspect all home invasion/murders start with "Police!" as they break and enter. Nothing like a complacent victim, and there will be no witnesses to add "impersonating an officer" to first degree murder and breaking and entering.

      That's what we call an authentication system that's hopelessly b0rked.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    107. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Since you are confused, the "victim" is the person who recorded the video. He wasn't speeding.

      Even as pertaining to the speeder, the key word you used here is "was." The driver had pulled over and was stopped.

      So again, why was the gun drawn at the point it was?

      Your points seem to be that after the wrong is done and has been stopped, the police can continue to endanger the public, and that 1 wrong and obeying (broke speed limit recklessly, but pulled over) make it alright.

      Actually, it also seems an argument that 1 wrong means that the police can do repeated wrongs to anyone else observing--pull a gun, illegal search, threatening, etc.

    108. Re:If you've nothing to hide... by Skuld-Chan · · Score: 1

      As a motorcyclist this was absolutely frightening - he probably didn't know that marked car was behind him until he turned around (try riding a bike sometime - that immediate rear of you is sometimes hard to see). He said in an interview with ABC-2 that he was kinda freaked out that he was being robbed or someone wanted to steal his bike.

      I counted - it was a good 5 seconds until the guy opened the door with the gun in hand and identified himself as a cop - much longer if you consider he pulled along side the biker (a bad sign typically especially in a state that forbids lane splitting) with no emergency lights on.

    109. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      That's a great idea! Starting immediately I'll be setting up video cameras in my office for all my employees. As you so well pointed out, I want to make sure my employees are behaving and as long as they are in the office they obviously have no right to privacy. I'm sure I won't catch anyone browsing Slashdot at the office or anything like that...

      PHB

    110. Re:If you've nothing to hide... by Posting=!Working · · Score: 2, Insightful

      If someone in plain clothes got out of their car and started to pull a gun right in front of my motorcycle, they would have been run over by my motorcycle before they had a chance to identify themselves or aim the gun at me. I wouldn't wait around to get shot by an unknown assailant.

      You don't pull a gun unless you're ready to shoot, and if you're out of uniform and pull your gun, expect law abiding people to react like you're a criminal. The idiot cop turned a speeding ticket into a potential firefight.

      --
      This sentence no verb.
    111. Re:If you've nothing to hide... by Heywood+J.+Blaume · · Score: 1

      Nope, DC and VA both prohibit them, but they're OK in MD.

    112. Re:If you've nothing to hide... by Sprouticus · · Score: 1

      I agree with the point that he should have clearly identified himself, procedurally I would guess he probably got talked too by his boss. Which may have been what prompted the charges to begin with...

      But the act of pulling the gun was not extreme. He actually seemed rather calm compared to many cop videos I have seen where they are all jacked up on Adreneline.

    113. Re:If you've nothing to hide... by theshowmecanuck · · Score: 1

      Cops are human beings too. This idea that they should behave like robots is horeshit, and anyone who thinks differently is an Asperger's retard who has no concept on how real human being behave and feel. They are constantly under threat by criminals and other low lifes, and even supposed 'civil' society merely tolerates their existence as being a necessary evil. Now we have a group of conspiracy theorists running around with video cameras constantly trying to catch the police out of context and at their worst. And usually this is not 'at their worst' in the sense that they are bad people, but more like they just chased a guy who broke the law, probably punched or shot at the cop, and totally disrespected them (not as police but just as a human being) because they are police trying to do their jobs (catching law breakers). Or they just got through dealing with someone like that and kept their cool, and then snap when some rich prick in a sports car caught doing 200 mph calls the cops nazis and tells them to catch 'real' criminals (the same guy who will probably kill a pedestrian next week because he is speeding and texting). Cops have to deal with this shit all the time and almost never snap. They deal with assholes every day for weeks on end before who try to push their luck, trying to cause a disturbance and play on the frustrations that police as human beings see every day. So once in a while they snap. No wonder. And there is always some camera freak filming hoping to catch one of those times.

      Why don't we see these camera toting conspiracy assholes posting videos of the police doing something nice, or just doing their job without snapping? It is because they are conspiracy assholes trying to find shit to post of people trying to do a tough and trying jobs when some idiot has just added the last straw to the proverbial camels back. They are assholes full of themselves and how they are 'helping society by exposing all the dirty cops'. The reason they only show the cops in a bad light is because people would be bored stiff of the hours of routine and uneventful activities and interactions that is the reality of police activities. But the videotrons wouldn't make a name for themselves if they showed something good going on.

      If these pricks were really trying to help society and were that close to the real bad guys (since they always happen to be there when the cops show up) why don't they film the crimes that cops are showing up to investigate? Why didn't they try to stop the bad guys from breaking the law? It is because they have no interest in really helping society, their only agenda is to try to fuck over police. If the police weren't around, these camera toting pricks would probably be the ones robbing your house. They wouldn't mug you... they are cowards who don't have the guts to do anything themselves.

      What we should be marveling on is that the police don't just haul back and shoot more jerks out there. Yes police need to show restraint, but they aren't machines. So give it a fucking rest already. No wonder they are fighting back against assholes who post out of context one sided videos. If you had a group of retards constantly trying to capture you at a bad moment and only posting those one sided videos so they could claim you and your colleagues are all evil, you would do everything you could to shut it down too. It is a HUMAN reaction to people riding your back all the time. And if you say you wouldn't I'm calling you a fucking liar right now. Until we see some balance to this shit, then I for one back the cops on this.

      --
      -- I ignore anonymous replies to my comments and postings.
    114. Re:If you've nothing to hide... by Sir_Lewk · · Score: 1

      If you watch the video (or RTFA), you'll see that the police officer was 1) not in a marked police car (or even in a police car at all? he was off duty), and 2) Parked in front of the motorcycle.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    115. Re:If you've nothing to hide... by BobMcD · · Score: 3, Informative

      I did both. I'm referring to the one behind the motorcycle, which you clearly saw when you did what you're assuming I didn't do. Honest mistake to make, no apology necessary. :)

    116. Re:If you've nothing to hide... by gorzek · · Score: 1

      I do not see how a conversation held on a public street can be considered "private." If I'm walking through Manhattan and I happen to have an audio recorder on, capturing the conversations of everyone around me, am I breaking the law? (Granted, I'll end up with an incomprehensible noise.)

      It seems rather bizarre that it would be legal to record video but not audio. Laws should be sensible and obvious in everyday situations, and this is neither.

    117. Re:If you've nothing to hide... by r3zurector · · Score: 0

      I agree. The cop looks more like a road rager than anything and if he would have done that to me I would have pulled my sidearm out of my holster and we would have had problems. He had no badge and he was in an unmarked car and had no uniform. I say the cop is lucky he didn't get shot.

    118. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Maryland is not just backward there.

      A friend was at a High School party recently, when neighbors complained to the Police about underage drinking going on at the party.

      Turns out, even though the parents were watching the front door, people were shuttling in Beer over the fence in the back (through the neighbor's back-yard).

      Police turned up, came into a private residence, then breathalized the entire party. While I think the drinking age should be lower, and that if you're not old enough yet, you should drink, I am appalled that the police came onto private property using Police State tactics over a relatively minor infraction.

      (best part, the people picked up for underage drinking had even gone so far as to leave their cars at home and get lifts showing better sense then most who are "legal", but still have to deal with criminal charges and possible loss of scholarship money)

      Maryland is fast becoming "The Land of No" (stop light and speed ticket cameras on every corner).

      Damn Democrats.

    119. Re:If you've nothing to hide... by Sta7ic · · Score: 4, Interesting

      Himself. Motorcycles have a lot of speed, high acceleration and maneuverability, little mass, and very little between the rider and the road. If he'd met another vehicle at 127mph, the other vehicle would be operable with a dent, and this video would've ended with road pizza.

      Stupid driving? Extremely. Dangerous to those around him? Not really.

      Here in my state, what the cop did would be called 'threatening with a deadly weapon'.

    120. Re:If you've nothing to hide... by shadowfaxcrx · · Score: 1

      Why do you think they are charging him with the wiretapping violations? The cop got caught doing something stupid and dangerous, and is pissed off about it. Rather than own up to it, they'd rather set fire to the Constitution they are sworn to preserve-protect-and-defend.

      Once he's cleared of these charges, the cops should be brought up on charges of treasonous malfeasance. As mentioned earlier, they are clearly trying to intimidate the public into not monitoring their activities out of fear of reprisal. Once that happens, the government agency responsible needs to be busted up, and those responsible for that action need to be in jail.

      --
      "I disagree with you" does not equal "flamebait."
    121. Re:If you've nothing to hide... by BrokenHalo · · Score: 1

      Hmmm. That's a point I hadn't considered. However, charging the motorist under an inappropriate law would only have the effect of drawing attention to the officer in question - otherwise the case (including the footage being advertised by Slashdot) would have been buried under the weight of more critical issues, and the officer's cover would not be that much less obscure than otherwise.

    122. Re:If you've nothing to hide... by ngrier · · Score: 1

      Issues of privacy and the recklessness of the motorcyclist aside, the video is clearly misleading as the sound was off until the very end. You see the guy look over his shoulder which means that most likely the sirens were on and he'd gotten off the ramp with the hope of evading them. Whether they'd flipped them on because he passed them at 82 or because someone had reported him and they decided to tail him and finally identified him once on the ramp, we can't know. But it does seem exceedingly likely that they'd had their sirens on and possibly even used their bull horn to instruct him to pull over. So no, we're not getting the whole picture.

      That aside, the charge is ridiculous. He's in a public space and time and again, the law has upheld that what goes on on the streets has no expectation of privacy. There have even been cases where the police's right to use infrared cameras or otherwise videotape you within your home, as long as it's plainly visible from the street, have been upheld. (Same goes for indecency laws in some locations - if you're visible from a public area, regardless of whether you're in your own home, you may be charged with public exposure/indecency.)

      Of course, it's probably part of the DA's plan to teach him a lesson and get a conviction/plea deal as much as it is an overzealous double-standard. If they've decided to press charges, they're going to charge him with anything they can in hopes that at least one thing sticks. (And that, my friends, is part of the reason our criminal codes are so thick - police officers and DAs are reticent to ever take outdated or little-used laws off the books as they can occasionally be used to add to the stack of crimes. And while sometimes this is how we actually convict big-time criminals, as often as not it's simply a way of making sure that the corner dope dealer spends 10 years in prison...)

    123. Re:If you've nothing to hide... by frosty_tsm · · Score: 1

      People should also focus on how unnecessarily dangerous that traffic stop was.

      Why did off-duty officer feel it was necessary to endanger his own life, the motorcyclist and the life of the motorists in the nearby vehicles?

      The "victim" was driving 127mph on a public road with other traffic around. Who was placing whom in danger again?

      Unintended accelera...

      (and he wasn't driving a Toyota, either)

      oh.

    124. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      In theory, yes.

      If someone pulls a gun on you, and you pull your gun and shoot in self-defense, theoretically, you have committed no crime.

      In practice, if you shoot a cop, you go to jail. You'd need a mountain of evidence that you can supply to show your innocence and even then, you are looking at a lengthy legal process and all sorts of headaches, costs, and problems.

    125. Re:If you've nothing to hide... by Gregour · · Score: 1

      And that justifies bringing bullshit charges against him, simply to intimidate him and the public in general, how?

    126. Re:If you've nothing to hide... by sleeping143 · · Score: 4, Insightful

      The case has nothing to do with who was being put in danger. To be fair to the rider, he has accepted the consequences of his speeding. The problem here is that the officer refuses to admit that his behavior was not appropriate to the situation, and is now trying to destroy the evidence of his mistake.

      If I remember correctly from a previous posting about this case, the officer claimed he pulled the gun because the rider was backing away from the car. Personally, I'd do the same thing if an unmarked car pulled in front of me like that. This rider can consider himself lucky for having such a calm, collected response, though. He could have easily panicked and put his hands up. That would have made the bike lurch forward as the clutch engaged, which easily could have resulted in him getting shot.

    127. Re:If you've nothing to hide... by farble1670 · · Score: 4, Insightful

      The "victim" was driving 127mph on a public road with other traffic around.

      yes the driver was irresponsible and breaking the law. no one is arguing that. however, aiming a gun at the driver after he pulled over didn't help matters. no one was made safer by that action (quite the opposite).

      not to mention he just jumped out of an unmarked car aiming a gun. watching the video, there was no indication that he was an officer of the law. the cop was obviously "pissed off" when we got out of his car (watch his face). not exactly the type of cop you want ... one that gets mad and pulls his gun when someone is speeding.

    128. Re:If you've nothing to hide... by PRMan · · Score: 1

      Always post these types of YouTube videos WITHOUT AUDIO to avoid this problem. In fact, find some CC music that makes the cop out to be MUCH WORSE than the video would ever show...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    129. Re:If you've nothing to hide... by cyn1c77 · · Score: 3, Insightful

      From my perspective, the difference between point a gun at his face and keeping it pointed at the ground is only about 90 degrees of wrist movement and 0.25 seconds of action. It may seem like a big difference until someone that you don't know jumps out of a car in front of you and pulls a gun on you. Remember that once the gun is pointed at you, you're fucked, so if you want to defend yourself, you have less than a second to make that decision. In the video, it took 4 seconds of firearm brandishing before the cop identified himself and even then it was only verbal.

      As a citizen, I am not allowed to draw a concealed carry firearm unless I am in fear for my life or someone elses. Otherwise, it is illegal and considered brandishing a firearm in a threatening manner. The police also are trained to act in a similar manner.

      That undercover cop let his emotions get the better of him and acted in an incredibly irresponsible manner. He should have let the cop in the lighted police car behind him pull the motorcyclist over using flashing lights and the megaphone. There never should have been a gun drawn in that situation.

    130. Re:If you've nothing to hide... by farble1670 · · Score: 1

      We'd prefer the police department ended up paying Anthony Graber some settlement for malicious prosecution of course, but who knows.

      nah. the driver was reckless. even if the cop didn't witness it, the video (he?) posted shows it. he deserves whatever is appropriate under the law.

      the issue of the "lapse in procedure" by the cop is abhorrent, but completely separate and should be dealt with as such.

    131. Re:If you've nothing to hide... by cfulmer · · Score: 1

      So, recognize that the rules vary state to state. Maryland's law is basically about recording conversations, and says that both parties have to consent before you can do that. Video is fine, as long as you're not capturing audio.

    132. Re:If you've nothing to hide... by Crudely_Indecent · · Score: 1

      For those who haven't seen the video:

      Graber is exceeding the speed limit on his motorcycle when an officer in an unmarked car speeds in front of him and cuts him off (at a traffic light, not while driving). The officer exits his vehicle with his gun drawn. The whole event was captured on Graber's helmet camera.

      I understand pulling over a motorcyclist exceeding the speed limit, but I don't understand why the officer felt the need to draw his weapon. Perhaps that what they want hidden.

      --


      "Lame" - Galaxar
    133. Re:If you've nothing to hide... by RobDude · · Score: 1

      I don't know why this is; but a lot of people like to take a word that means X and then use it as if it means Y and then just wait for someone to say, 'Umm, don't you mean Y?' and then launch into a rant about how X is this and that.

      That's what you are doing.

      'Boss' and 'Work For' are words that have a meaning already. You are using the same words, but in a way that (while true) doesn't fit the words you are using.

      If I buy stock in Walmart; does that really make me 'the boss' of Walmart's CEO? Does it really capture the meaning of what people think of when they hear 'boss'. Do I set the CEOs hours, or tell him what to do, or determine his salary, or have the final say in what gets done at Walmart? No.

      Am I *really* the boss of Walmart's CEO? No.

      The same is true of all government workers. As a tax-payer, do I have type of relationship to the workers? Yes. Am I their boss? No. They pay taxes too, does that make them their own boss? No.

      Boss / 'working for' are not the right words.

      Likewise, if you sell a product, it would be inappropriate to say that your customers are your 'bosses'. Your customers are your 'customers' and the relationship between them paying you money and you needing money to stay in business is a much better way to convey the relationship

      It would be more accurate to say you are a 'customer' of the services provided by the government employees. A captive customer who is forced to be a customer; your taxes do fund the government....but that hardly makes you their boss. No more than shopping at Best Buy makes you the boss of an employee working at Nintendo.

    134. Re:If you've nothing to hide... by swb · · Score: 1

      While I'm sure the police enjoy that little definition of "always on duty" and all the conveniences that come with the powers of being an "on duty" police officer 24 hours a day, the reality is that they are not really on duty 24 hours a day.

      For one, almost all police agencies are unionized and operate under a collective bargaining agreement, and I'm certain that collective bargaining agreement sets aside time for being "off duty" where they are not functioning as active police officers.

      Secondly, there's the actual reality of being out of uniform and not performing job tasks for which you are not compensated (most police officers are also hourly wage employees). Of course they do not lose their peace officer certification or their employment status, but they are not actually performing policing duties.

    135. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      The guy who made the video had nothing to hide, ut certainly something to be afraid of...

    136. Re:If you've nothing to hide... by intheshelter · · Score: 1

      Actually you are incorrect. He didn't need to make the stop at all because there was a marked police cruiser behind the bike. The cop was wrong. The wiretapping charge is wrong. I've become a big fan of the ACLU because of stuff like this. They may argue cases I disagree with, but it's essential cases like this, where they protect us from the tyranny of government, that makes it all worthwhile.

    137. Re:If you've nothing to hide... by sconeu · · Score: 1

      die from a rapid lead overdose.

      Someone watched "The Closer" last night.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    138. Re:If you've nothing to hide... by cgenman · · Score: 1

      Having had an officer draw a gun on me, and at other times on friends, I have to say that the officers were always very solid about it. I never felt like my life was in danger, as they were clearly well trained, highly focused, and drawing under an abundance of caution rather than panic.

      A friend had a training officer point a gun on him during a traffic stop. At that point her handling officer with more experience stopped her, assessed the situation, apologized to the motorist, and sent him on his way. It happens.

      There is a big difference between having a gun pointed at you from a random person on the street, and from a police officer. With the exception of a few bad apples (Oakland, London), a police officer's gun is a shield that keeps them safe during their daily job. It's just a fact of life.

      This officer drew his gun, but didn't point. It probably should have remained holstered, but it's possible he wasn't wearing a holster at the time. Also he should have started with "State Police," but he got there reasonably quickly. He stopped the motorcycle at a point that the motorcycle was already stopped, and the road was blocked by other cars. The motorcyclist was speeding and weaving, and weaving really does make the difference between being in a rush and being in an accident. I'd make some recommendations to the officer (start with your credentials, leave the weapon holstered in your pants to reduce the potential for panic ). But overall I can't fault the officer much for this stop.

    139. Re:If you've nothing to hide... by canadian_right · · Score: 4, Insightful

      Motorcycle dude posted his video, but did not otherwise complain about the police actions, as far as I can tell. Seems like motorcycle dude rightly deserved his speeding ticket. The real issue is abusing a wiretapping law to silence free speech, the posting of the video that may be construed to show the police in a bad light.

      The issue is that any citizen should be allowed to tape public police actions and post them to the internet without being charged with a crime. Any discussion about whether the police actions in this cause were good police work or not is a separate issue.

      And where do they find judges that will allow this sort of abuse?

      --
      Anarchists never rule
    140. Re:If you've nothing to hide... by b4dc0d3r · · Score: 2, Insightful

      Which laws? Sounds like you've read "The Photographer's Right" enough to have it memorized, but the video is not the issue. The audio going along with the video is the issue, and "the laws of the United States are quite clear" about wiretapping being illegal. What they aren't clear about is when wiretapping applies and when it does not.

      That is, this case is about whether you can apply wiretapping laws to a conversation between a public servant and a suspect who has no implicit right to privacy (anything you say can and will be used against you, and is probably being taped by the cop's dashboard cam). I've seen "America's wildest police chases" enough times to know that many cops record audio as well as video, even if you are a private citizen in your own car, innocent until proven guilty.

      I understand your point, but Photo and video laws don't apply to sound. Lots of cases have proven that having a video camera clearly visible and a sign saying it is on and recording, on private property, will get the wiretapping charge if it also records audio and an officer decides he doesn't like it.

      Not saying it's right, it's clearly wrong, but "Video" implies both "video without sound" and "video with sound" and it's easy to get them confused. Pictures don't have sound so that part is clear. This is about the audio recorded along with the video, otherwise it would have been automatically dismissed. To be clear, even if a video has no sound, the police can still decide to charge a person with wiretapping because most people's video recorders do capture sound. The charge won't stick, but will cause an innocent person problems. This video had sound.

    141. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      We know who you are. We gonna protect and serve you but good.

    142. Re:If you've nothing to hide... by JoeMerchant · · Score: 1

      Thanks, the whole world around there is an alien blur as I drive through on I-95...

    143. Re:If you've nothing to hide... by Weezul · · Score: 1

      In fact, the motorcycle driver already plead guilty to speeding and paid his fine, that part's all settle, his recklessness is no longer relevant.

      Ideally, the police department should get tagged for much larger quantities for malicious prosecution for charging him for the video taping. The cops fucked up maliciously, they should pay out big time.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    144. Re:If you've nothing to hide... by greenbird · · Score: 1

      Do you think your employer should have a camera on you at all times, in order to make sure that you are behaving?

      My job doesn't include the authority to perpetrate violence on people simple because I think it's appropriate. With extraordinary authority should come extraordinary responsibility and the level of authority has been rapidly going up while the level of responsibility has been rapidly going down. As they always claim when the government wants to restrict our freedoms, if you're not doing anything wrong then what are you worried about?

      --
      Who is John Galt?
    145. Re:If you've nothing to hide... by russotto · · Score: 1

      Cops are human beings too. This idea that they should behave like robots is horeshit,

      They do behave like robots often enough. Usually ED-209.

    146. Re:If you've nothing to hide... by Panfist · · Score: 1

      If the motorcyclist "needs to get tickets...for reckless endagerment," then so should the cop. If the motorcyclist was going 80 mph, then the cop was going about 75 mph.

    147. Re:If you've nothing to hide... by T+Murphy · · Score: 1

      If someone comes knocking at my door claiming to be law enforcement, I would feel safest asking their names, calling 911 and getting in touch with the police/FBI to verify those agents are supposed to be at my house. Of course, I expect my door to be knocked down before I get a chance to do that.

    148. Re:If you've nothing to hide... by dgatwood · · Score: 2, Insightful

      The issue is that any citizen should be allowed to tape public police actions and post them to the internet without being charged with a crime.

      And to that end, the only way the public can fight this sort of extremism is for people in states that act like this to all videotape *everything* and post *every* clip of the cops on the web. Overwhelm the system with so many tens of thousands of these cases that they can't prosecute them all. Real social change only happens when the people are willing to face arrest to sit at the front of a bus. Civil disobedience and all that.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    149. Re:If you've nothing to hide... by TheLink · · Score: 1

      Nah.

      http://en.wikipedia.org/wiki/BART_Police_shooting_of_Oscar_Grant

      > Mehserle's criminal defense attorney, has claimed Mehserle intended to fire his Taser, but mistakenly shot Grant with a pistol when he thought Grant was reaching for a gun.

      http://en.wikipedia.org/wiki/Kathryn_Johnston_shooting

      > Police said Johnston fired at them and they fired in response; she fired one shot out the door over the officers' heads and they fired 39 shots, five or six of which hit her.
      > None of the officers were injured by her gunfire, but Johnston was killed by the officers. Police injuries were later attributed to "friendly fire" from each others' weapons.

      This civilian didn't get away as lightly when he shot some cops that busted in to his home: http://en.wikipedia.org/wiki/Cory_Maye

      --
    150. Re:If you've nothing to hide... by sjames · · Score: 1

      If this had happened to me, I'd probably be going away for a very long time, because my own reaction to this would have been to draw and defend myself.

      Sad but true. The courts consistently fail to recognize that until an officer is properly identified, he is indistinguishable from a maniac with a gun.

    151. Re:If you've nothing to hide... by Doctor+Memory · · Score: 1

      What about using a parabolic mic to record conversations at an outdoor cafe? You could be sitting on a bench across the street and hear every word. Should that be legal? Or was Scott McNealy right?

      Personally, I'm on the fence regarding this whole question. It's fine to keep an eye on police behavior, but what's to prevent someone from taping a traffic stop and using the recording to blackmail the driver? Imagine it's a teenager who stands to lose his driving privileges if his parents find out he got pulled over. Lots of cops pull kids over for speeding or running a stop sign, make them sweat a little, then let them go with a warning. No harm done, lesson learned, end of story. But if it gets recorded, then it isn't the end. Maybe we do need a few legal cases to get this sorted out.

      --
      Just junk food for thought...
    152. Re:If you've nothing to hide... by bill_mcgonigle · · Score: 1

      Of course, I expect my door to be knocked down before I get a chance to do that.

      Right, or maybe not even "no knock" warrants are the "new normal" after the USA PATRIOT Act. An anonymous tip that says you're a pot dealer is enough for you to get the terrorist treatment.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    153. Re:If you've nothing to hide... by rgviza · · Score: 3, Insightful

      >The "victim" was driving 127mph on a public road with other traffic around. Who was placing whom in danger again?

      That's not the issue. He was issued a citation and arrested for driving 127mph on a public road.

      That's the punishment for that infraction. In this state you get arrested for going that fast. The police officer was *required* to pull him over. In Maryland, a state trooper is never off duty. They are required to carry a gun and intervene if a crime is being committed regardless of whether or not they are "on the clock". The officer did absolutely nothing wrong. Indeed, if he did nothing and ignored the motorcyclist, he'd have been in violation with his employment contract.

      Driving 127mph in this state is a "shall arrest" infraction. That's why he was originally arrested, and it's justified.

      The state's prosecutor is the one being a douchebag.

      What he's also being charged with is wiretapping. He had a helmet cam on (in plain view I might add) which he was using to record his high speed adventure, and got pulled over while the camera was running. Chances are he forgot it was there due to the stress of a gun being pulled on him.

      The state is claiming he's violated wiretapping laws because of this camera. In reality they got pissed because he posted it on YouTube. This is ridiculous. The officer in question actually performed admirably and didn't do anything wrong. I'm not sure why the state feels it's necessary to prosecute the guy for breaking wiretapping laws. That's the crux of this case.

      Sure give him time for being an idiot, and driving too fast but you can't really, in this situation, prosecute him with wiretapping laws because he had a helmet cam on and forgot to turn it off. Where's the intent? The officer didn't see the camera mounted on top of the helmet? He knew the camera was there and didn't even ask if it was on.

      The wiretapping charge is bullshit and is abuse of the law by the prosecution.

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    154. Re:If you've nothing to hide... by gorzek · · Score: 1

      I think that, if you are in a public area, and the target of your recording is also in a public area, whatever means you wish to use to record them should be legal. You should have no expectation of privacy when you're on a public street, in a park, etc. If you're having a sensitive conversation and are worried about eavesdroppers, do it at home or the office or somewhere that's not a public venue.

      I think this is a lot more sensible than waffling and saying "some kinds of surveillance are OK and some kinds aren't," especially when they're so seemingly arbitrary. Video is OK, audio isn't? How much sense does that make?

      Going by your example, what if you had a video camera with an extremely powerful zoom? Should that be as illegal as the parabolic mic?

      Sometimes the law requires complexity, but this does not appear to be a case where it does. The laws regarding privacy in public should be short and sweet so everyone can easily understand them and it'll be very cut-and-dried as to whether you've run afoul.

    155. Re:If you've nothing to hide... by Rich0 · · Score: 2, Insightful

      Indeed, it is REALLY stupid police practice as well for a number of reasons.

      1. Innocent bystander sees a man pulling a gun and pointing it at somebody who is unarmed (no idea if the gun was aimed or not in this case, but ignore that for this argument). In theory if they have a gun they should be allowed to just shoot the cop, since they aren't identified as such and somebody's life is potentially in imminent danger. Good luck to the poor SOB who tries this, though.

      2. An actual law-enforcement agent (cop (on- or off-duty), FBI agent, whatever) witnesses the same thing, and shouts a warning, and then if the unidentified cop flinches the wrong way they get shot. This is EXACTLY how the cops would handle a random person pointing a gun at somebody, and no doubt how this unidentified cop would get handled. Suddenly the thin blue line doesn't help out much.

      Out-of-uniform cops are a bad idea most of the time in general, for a lot of reasons. Out-of-uniform cops pointing guns at people is DEFINITELY a bad thing. It is bad for many reasons, the very least of which is that the cop could end up getting shot.

    156. Re:If you've nothing to hide... by countertrolling · · Score: 1

      This might not be direct response to your statement, but photographing public officials while in public is not subject to public opinion, just like gun ownership or free speech rights, etc. If we are to grant them any more leniency than the rest of us, then we must hold them to a higher standard and subject to closer scrutiny to go with that privilege. Fair price, no? They will only be as accountable as we make them. But it is our decision to make.

      --
      For justice, we must go to Don Corleone
    157. Re:If you've nothing to hide... by Rary · · Score: 3, Insightful

      Misrepresentation:

      The cop didn't pull him over.

      An out of uniform cop in an unmarked car cuts him off. Gets out. Draws the gun. Tells him to get off the bike. It appears to be a car jacking. Only when Anthony starts trying to back away does he identify himself as state police.

      You need to watch the whole video. The unmarked car doesn't just cut him off. Graber is signaled to pull over by a marked patrol car. See 3:00 when he looks back at the patrol car trailing him. It's hard to be sure due to the lack of audio, but most likely the reason he looks back is because the patrol car gave a short burst of siren. You can't see clearly that it is a marked patrol car at that point, but you do see it stopped behind him at the end of the video— at 3:34 you can see the lights on the roof, and at 3:36 you see the logo on the door.

      At the time that the unmarked car "cut him off", he was already stopping for the marked patrol car. When there's a police car stopped right behind you, I don't think it's likely that someone else is going to choose that moment to try to carjack you.

      There is no question that Graber knew the guy with the gun was a cop.

      All that being said, not identifying himself immediately was stupid, pulling the gun was even stupider, and the whole wiretapping crap is just plain insanity.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    158. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      What's sad is that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" did not seem clear enough and it was felt necessary to include the ninth amendment as well as the tenth.

      What part of this is not clear? If the U.S. Constitution does not expressly grant a power to the federal government, it does not have it.

      It's not a question of what the constitution 'permits' the people to do, but rather the opposite.

      And, so we have the perverse situation where every expanse of government power is attempted to be show-horned into an existing power. The commerce clause is particularly perverted for this reason. Many arguments for federal restriction of intra-state trade are based on this. The argument goes: "If you can grown and sell it internally, that distorts the market for other states to sell to you and therefore comes under the commerce clause." The most notorious abuse of this is federal attempts to prohibit sale of medicinal marijuana in states like California, despite the fact that no inter-state commerce is permitted in it.

    159. Re:If you've nothing to hide... by kitsunewarlock · · Score: 1

      Actually, I'm fairly certain our founding fathers would have had no amendments but would have left it up to the states, if possible, as per the Articles of the Confederation.

      --
      Ginga no Rekshiya Mata Each page.
    160. Re:If you've nothing to hide... by betterunixthanunix · · Score: 1

      you'd be wise to search the place pretty thoroughly yourself first to make absolutely sure there are no weapons or contraband there.

      Assuming, of course, that you are even aware of what is considered contraband. Suppose I have an ounce of Salvia Divinorum sitting on my desk, clearly dried and prepared for human consumption. Some states recently outlawed Salvia when prepared for human consumption (ostensibly because it is sometimes used as a recreational drug), but other states have not, and it is not at all far fetched to assume that a person might be unaware that Salvia is illegal in their state, given that the drug is relatively unknown. The police come in because there was a crime in your house, see a bag full of plant material, and then charge you with possession of an illegal drug -- and ignorance of the law is not a valid defense.

      The problem is that we simply have too many laws. Being a law abiding citizen is becoming a pretty difficult thing to do, and I am not very comfortable relying on the "it would not be worth it for the police to come after me" strategy, given how many localities engage in "crack downs" and whatnot to score political points. Already, I was nearly arrested for carrying a pocket knife that is legal where I live, but illegal where my mom lives (not something I was even aware of -- it is just a pocket knife), and I only evaded prosecution because the cop felt like bending the rules for me. Had the cop not been in such a friendly mood, I would have been imprisoned for two weeks.

      --
      Palm trees and 8
    161. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      What silly moderator would declare "If you've nothing to hide ... ... you've nothing to be afraid of..." That's the same daft line the police regularly use when someone invokes their own 4th Amendment rights.

    162. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Any armed cop shows up in my home without a warrant will be a dead cop.

    163. Re:If you've nothing to hide... by harl · · Score: 1

      I can't look at the video right now to double check but I only saw the marked at two points. When he passed while it was on the median. I assume this is the same car. We have no way to tell. At the end of the video when he turns around and we can see it.

      I never saw the marked car while he was moving. I remember one section where he looks left and then moves left. Looked like he was checking to make sure he could lane change. Why look behind you at the car when you have two mirrors? Much safer than turning your head all the way around. How often do you do that when driving or do you just check your mirrors?

      I contest that he was stopping for the marked car. There is a line of cars in front of him where he pulls off. It also goes from multi lane to single lane. He remains in the middle of the lane. Looks like an exit not a pull over to me.

      Regardless cutting someone off, leaping out brandishing and gun and yelling "get off the bike" is a car jacking not a traffic stop. It's two fucking syllables to add Police as the first word.

      If the cop had just said, "Police. Get off the bike." All of this would have been a null issue.

      --
      I find being offended by me offensive.
    164. Re:If you've nothing to hide... by farble1670 · · Score: 1

      i've never, ever been directly helped by a cop. now, i am not saying that i don't benefit indirectly from them "keeping the peace" and not letting violent criminals run rampant. i'm just saying that every time i've dealt with them directly, they've been rude (sometimes even threatening) and didn't help resolve my problem in any way. often times they made the problem worse.

      i understand *why* cops get like this. it makes sense considering what their jobs entail, although i'm not excusing it. at the same time, cops shouldn't act miffed when public looks at them as a threat

    165. Re:If you've nothing to hide... by sumdumass · · Score: 1

      Consumer safety and worker safety or environmental regulations can have the converse effect too. Suppose you have an existing power generating plant and want to update the exhaust stacks to trap some of the identified pollutants but can't afford to do a complete retrofit to meet the new regulations. Can you upgrade just part of it? No, you have to do all or nothing and because they can't pass a post facto law, then the design as it was approved last will be grandfathered in and nothing will be changed. However, this same problem makes it cheaper and less expensive to operate your existing plant and almost impossible for me to open one to compete. So knowing the power needs to be made, you are able to jack up the price a little, add to your existing platform without invalidating your previous permit, and now you rake in the big bucks by creating an artificial supply-demand problem.

      But hey, as long as you can drive by Monsanto right?

      And yes, I all for keeping workers safe and alive, however some of the regulation is just stupid. Consider a confined space entry, you have an opening 10 foot by 10 foot with a ramp leading to and from it but because it's below grade and 80% of the area is enclosed, it's a confined space entry that according to OSHA regulation requires a supervisor to be present at all times a worker enters the area, a hole watch for every 3 people entering the area, in some cases lanyards and possible breathing aid instruments not to mention the mountain of paperwork and recording and retention requirements. And this is after the air content levels are checked by meters that are required before entry to test for Co2 and Oxygen levels or the presence of explosive or flammable gases.

      But hey, as long as you get your copper wire that is mostly recycled because it's too costly to mine in the US anymore right?

      When someone says regulation that drives up costs, they aren't talking about the necessary and proper regulation, they are talking about the excessive and idiotic regulations that do little other then drive up costs.

      Here is an example of an excessive regulation that ended up almost doubling the transportation costs of a school district in my state. This was after a child was exiting a bus and their book bag got caught on a piece of railing that was improperly installed and never should have pass inspection. The bus drove away dragging the student a couple hundred feet before the other kids alerted the driver about the situation. OF course if the driver would have checked his mirrors, he would have seen the issue long before that as they have mirrors the encircle the buss and are not allow to move until all the children are out of view on them. The solution to this wasn't retraining the drivers to ensure they operate by existing protocol and making sure the railings met state standards and that the buses were safe. NO, the solution was to require two driver per bus so one could do the work of looking in the mirrors instead of the one in the seat the mirrors were designed to be looked at from. And this isn't anything that a $5 per bus keyed brake lock (all buses had a push button emergency brake that needed to be pushed in to release) so the driver himself could safely walk around the bus in between stops and check for what he should have checked in the mirrors for. Yea, if you don't count supervisors and maintenance personnel, this one thing alone doubled the payroll for of the schools district's 200+ bus system.

      I'm sure you will say "but hey, at least no more kids would be accidentally dragged alongside the bus" right? And it's worth the double payroll in taxes to have the excessive regulation that was implemented because the existing regulations not be followed.

    166. Re:If you've nothing to hide... by sconeu · · Score: 1

      OK. No big deal. They used the "Overdose of lead" on last night's ep. That's all.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    167. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      You might think the Officer has a right to privacy, but what about the drivers they are pulling over?

      As a driver who may or may not get pulled over in the future, I'd rather any recording of this stop were kept private between me and the department the Officer works for, and if my case ended up in court, then to the court. Unless there is a public need to know, I don't see why any such video should be made public.

      I don't care that you think it should be, because it's not you being pulled over.

    168. Re:If you've nothing to hide... by paeanblack · · Score: 1

      Motorcycles have a lot of speed, high acceleration and maneuverability, little mass, and very little between the rider and the road. If he'd met another vehicle at 127mph

      Mass * Velocity squared

      600 lb at 127 mph has the same kinetic energy as a three-ton truck at 40 mph.

    169. Re:If you've nothing to hide... by Rary · · Score: 1

      You'll have to watch the video again when you get a chance. He absolutely looks directly at the car behind him at 3:00, and then immediately begins to slow to a stop. Upon coming to a stop, the marked car is the first to pull up behind him.

      If the cop had just said, "Police. Get off the bike." All of this would have been a null issue.

      I agree that he should have identified himself first, but if the situation was really one that appeared to be a carjacking, as you insist, then I disagree that adding the word "police" would have changed anything. Do you really think carjackers never claim to be police?

      It's a null issue because Graber knew he was being pulled over. I don't believe that there is any disputing that. Graber himself is not disputing that.

      There is really only one issue here, at least one that really matters, and that's the horrible abuse of the wiretapping laws to punish Graber for posting the video.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    170. Re:If you've nothing to hide... by The+Archon+V2.0 · · Score: 1

      An anonymous tip that says you're a pot dealer is enough for you to get the terrorist treatment.

      Well, there's very good reasoning for that.

      1) Opium is a drug.
      2) Terrorists have been known to fund their activities using opium.
      3) Therefore, terrorists have been known to fund their activities using drugs.
      4) Pot is a drug.
      5) Therefore, pot is used to fund terrorists.
      6) Terrorists kill people, especially Americans. They often have guns, rocket launchers, bombs, and other weapons in easy reach.
      7) Therefore, pot is used by people who kill Americans and have guns, rocket launchers, bombs, and other weapons.
      8) Therefore, we need to bust down the door and shoot them first.

      And your average person can't see a single thing wrong with that reasoning.

    171. Re:If you've nothing to hide... by sumdumass · · Score: 1

      You should never call someone a moron when you have no clue about what you are talking about.

      Even in dictatorships, a government employee is still a civil servant or public serant even though they serve the dictator and not the public.

      The term public servant does not in any way mean serving the public. It comes from the greeks denoting the difference between jobs that existed in both the government sector and the private sector. A worker is a servant in the context to which public or civil servant is derived. Not until recent times and the destruction of the American education system has it ever been thought otherwise unless it was dramatized in some Hollywood production intending to make fun of someone (usually the person who just broke the law and was being carted off to jail).

      The protect and serve thing on the police cars was dreamed up in the 1970-80's as a PR stunt to instill confidence in the police forces around major city after many officers were involved in corruption of various sorts (including racism) and lost the trust of the community. It was a play on the To serve and protect which has been around in the military and the justice system for years. What is left out by the PR stunt is the is that it's not you they protect and serve, it's the government, it's laws, and the office in which they represent.

    172. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Did no-one notice the was a MARKED STATE POLICE car following the bike also? (check the last couple of seconds of the video, as the rider dismounts.)

      There was no question in the rider's mind that this was a cop. All the talk of this being a road rage-like stop is just nonsense.

    173. Re:If you've nothing to hide... by sumdumass · · Score: 1

      The government does pay them out of their own pocket. You pay taxes to the government which then spends the money however they like.

      You don't believe me? Look at the highway funding or road use taxes that are applied to your fuel. It's supposed to go to funding road construction and repair right? In the past 20 years, I have seen it used to fund bike paths to parks that have no other value, It was diverted to fund a couple welfare programs from time to time, it has been used to build stadiums (the most recent one is the Main Street Bridge in Columbus Ohio that is designed to primarily be closed off during events and used as bleachers).

      But hey, why focus on something as ambiguous as that, just take a look at the social security trust fund.

    174. Re:If you've nothing to hide... by Grishnakh · · Score: 1

      I understand. As a former Virginia resident myself, I try to avoid that part of the country whenever possible. I'm surprised this incident didn't happen in VA; that place is a police state.

    175. Re:If you've nothing to hide... by harl · · Score: 1

      I agree that he should have identified himself first, but if the situation was really one that appeared to be a carjacking, as you insist, then I disagree that adding the word "police" would have changed anything. Do you really think carjackers never claim to be police?

      That's nonsensical. You're saying that since one human killed someone somewhere you have to assume all humans are actively trying to kill you.

      The first reaction to someone cutting you off, brandishing a gun, and demanding you release control of the vehicle is car jacking.

      The first reaction to someone yelling police is compliance. That's why the carjackers in your example would yell it. Your example is counter to your point.

      --
      I find being offended by me offensive.
    176. Re:If you've nothing to hide... by SiChemist · · Score: 1

      I read a little on this stop just now, and the motorcyclist says that there was a marked unit behind him. In fact, it looks like the arresting officer looked back and hid his gun when he noticed the marked car.

    177. Re:If you've nothing to hide... by sumdumass · · Score: 1

      Not necessarily answerable. It's true that in a democracy, or even a republic pretending to be one, the government derives it's power from the consent of the governed, but it doesn't even need to retain the majority of consent once it's sufficiently large enough.

      Modern government is pretty good at keeping most the pissed off people pissed at something different so they don't join forces and remove the consent. Even then, we saw how well that worked out for the south in the 1800's.

    178. Re:If you've nothing to hide... by fishbowl · · Score: 1

      Collisions between automobiles and motorcycles can and often do result in injuries to the automobile driver and serious damage to the automobile. Your cartoon physics point of view has the flyweight motorcycle meeting an indestructible automobile, but that's not really how it goes.

      --
      -fb Everything not expressly forbidden is now mandatory.
    179. Re:If you've nothing to hide... by snowgirl · · Score: 1

      Himself. Motorcycles have a lot of speed, high acceleration and maneuverability, little mass, and very little between the rider and the road. If he'd met another vehicle at 127mph, the other vehicle would be operable with a dent, and this video would've ended with road pizza.

      In my state this reasoning is why motorcyclists don't have to carry car insurance. YAY! I get out of paying you for damages, because I'M DEAD!!! I win!!!

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    180. Re:If you've nothing to hide... by fishbowl · · Score: 1

      I'm not getting the sense that the parents ever asked (insisted, let's say) the police to leave their property and come back with an executed warrant.

      --
      -fb Everything not expressly forbidden is now mandatory.
    181. Re:If you've nothing to hide... by Rary · · Score: 1

      It's not nonsensical. Criminals will sometimes claim to be police to gain compliance from victims. They do this because they know that some people will believe them and comply. Other people, however, will be suspicious, and will look at the rest of the circumstances to determine how much credibility the person claiming to be a police officer has.

      If, as you say, someone who is in the process of intentionally driving recklessly on the highway chooses to make the assumption that the gun-wielding person pulling them over to the side of the road is not a police officer, as the context would suggest, but a carjacker, then I don't think claiming to be a police officer would come across as particularly credible to that individual, who has already written off that option despite it being the most obvious option under the circumstances.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    182. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      You don't need to be a lawyer. Lawyers are paid to interpret what lawmakers write and lawmakers are paid to make laws that the public wants. You're the top of the food chain there. If you don't like it, talk to your lawmaker and if enough of you don't like it, the lawmaker's job is to update the law. You're not a citizen of this country just to be ruled by its laws. Your status as a citizen is so that you can contribute to them and make sure they're exercised in a way that you find satisfactory.

    183. Re:If you've nothing to hide... by fishbowl · · Score: 1

      >That's a great idea! Starting immediately I'll be setting up video cameras in my office for all my employees.

      You are also giving them the authority to use deadly force as they see fit, yes?

      --
      -fb Everything not expressly forbidden is now mandatory.
    184. Re:If you've nothing to hide... by mcgrew · · Score: 1

      But hey, as long as you can drive by Monsanto right?

      Monsanto sits on highway 3 in Illinois. You HAVE to drive past to get to St Louis from several towns. The problem was actually breathing as you drove past; the air literally burned your lungs.

      Your smokestack example is an example of underregulation, not overregulation. The factory owner is NOT going to upgrade his exhaust stacks unless he's made to; there's no money in upgrading his stacks until they're almost nonoperational. If he's spewing too much poison, he should be made to upgrade his stacks. If he can't afford it, tough shit. Companies go out of business all the time for a lot of reasons.

      But hey, as long as you get your copper wire that is mostly recycled because it's too costly to mine in the US anymore right?

      The regs you cited sound reasonable to me. Just because Chinese factories can kill its workers with impunity we should be able to, too? Bullshit. Everyone deserves safe working conditions, and that you seem to think otherwise is appalling.

      The solution to this wasn't retraining the drivers to ensure they operate by existing protocol and making sure the railings met state standards and that the buses were safe. NO, the solution was to require two driver per bus so one could do the work of looking in the mirrors instead of the one in the seat the mirrors were designed to be looked at from.

      That wasn't a matter of overregulation, it was a matter of how the school board reacted to its overlooking of the regulation that said the damned thing should meet code. And I'll bet the extra driver per bus cost way less than the lawsuit that must certainly have happened, as school bus drivers are woefully underpaid. Had they followed the regulations to begin with and secured the goddamn railing that was required by regulation to be secure the problem wouldn't have happened.

    185. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      >You don't pull a gun unless you're ready to shoot

      This.

      Much of the firearm training drill involves drawing and shooting as a single action. This is deliberate. I'm not a cop but when I went for my carry permit it was the same program as the police program, both civilians and police in the classes.

    186. Re:If you've nothing to hide... by fishbowl · · Score: 1

      In Maryland, in particular, the open-carry sidearm isn't a standard part of the biker kit.

      Compare this to Arizona, for example, where the pistol is de rigeur, and police operate on the assumption that *everyone* has a (completely legal) concealed weapon.

      --
      -fb Everything not expressly forbidden is now mandatory.
    187. Re:If you've nothing to hide... by harl · · Score: 1

      Ok I'm confused will saying "police" help or hurt compliance? You've said both at this point.

      It's two separate incidents. His driving is irrelevant. It's an unmarked car and nonuniformed officer. The first word out of his mouth should have been police. Period. There is nothing to gain by not saying it.

      --
      I find being offended by me offensive.
    188. Re:If you've nothing to hide... by Local+ID10T · · Score: 1

      ...but what's to prevent someone from taping a traffic stop and using the recording to blackmail the driver?

      There are laws against blackmail.

      --
      "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
    189. Re:If you've nothing to hide... by Grishnakh · · Score: 1

      Yep. I live in AZ, and cops pulling guns like this and waving them around is simply not done here. They'd be shot quickly.

    190. Re:If you've nothing to hide... by Cramer · · Score: 1

      I didn't see anything wrong with the way he handled his gun; he wasn't pointing it at anyone. However, drawing his gun, and in fact his involvement at all, were not necessary. There were marked, uniformed officers right behind him. They're on the clock; let them do the job they're being paid to do. An off duty officer, out of uniform and in his own personal car, simply put has no business getting involved. If you want to be a witness, fine, let the cops do their job; they'll come get you when they need your statement.

    191. Re:If you've nothing to hide... by T+Murphy · · Score: 1

      The officer's decision to pull the guy over is the only thing he did right. I could understand if he made some small mistakes, but the way he handles the whole thing is unprofessional at best- I find the police officer was nearly as much of a danger as the cyclist.

    192. Re:If you've nothing to hide... by sumdumass · · Score: 1

      In a working direct democracy, the government cannot pass legislation that'll piss a majority of the people off. Unfortunately, and that's not even limited to the US of A, a lot of people are amazingly stupid. But to get back to your examples:

      Actually they can and do pass legislation that pisses the majority off all the time. Take the recent health care bill in the US for example, if you divide the country in to two segments, supporting and not supporting, then you can further divide each segment into two more groups, doing too much or not doing enough, indifference, and just right. If the first segment was 50/50, then about 30% of each are indifferent with probably 10% supporting or finding something they liked (you can reverse that but it seems to be the general feel of the issue) while the other 70% of each group either didn't think it did enough or that is did too much. That would translate to about 70% or the people not support the health care bill as passed but because the point of disagreement (remember the divide and conquer) is completely opposite of each other and won't come together because of their positions, they are really counted as 35% or so.

      Roads, schools, firemen and, well, every other public service need funding. If backed by valid reasons, few people will contest a tax hike.

      What about them? The government already has a use tax that is supposed to pay for the roads if they actually spent it on them instead of diverting the money into other areas. Schools in the US are some of the dismal displays of public infrastructure around. Throwing more money at them appears to simply increase the problem while privately funded schools tend to be ranked among the top in the country and the world. Firemen? That's a local funding issue meant to be kept within the community it serves. Why would we need a tax hike for them, unless the area expands in which case the tax base does to and the problem is solved. The problem is that too many taxes are not backed by valid reasons and attempts to legitimize them turn into cronyism and/or payouts for campaign donations. Legitimate taxes for legitimate needs should be finded. But raising taxes to pay the higher salaries, are you serious? And no, this isn't limited to the US either, check your own backyard. And yes, at current exchange rates, that's about 435k US dollars. I bet your even more happier to pay your taxes now right?

      You don't get convicted on a breathalyzer readout (not in Europe, anyways. The strange things you folks overseas do are, well, strange). You'll get taken to the nearest hospital, lose a couple drops of blood and with a bit of a delay you'll be on your way without a charge. Use an alcohol-free mouthwash before your next important appointment and you're good. And again, most people prefer a couple of mouthwash-related blood alcohol tests to hordes of drunk people in control (or lack thereof) of two tons of speeding metal each. Cars are dangerous. Operating dangerous machinery while drunk is deadly.

      Lol.. Maybe you should look into what your saying before saying it. They can and do convict for a breathalyzer readout. Read up on Ketosis and Diabetes and the dangers of that. Wile it's true that in most jurisdictions, you can ask for a blood sample, it isn't always automatic. But that misses the point entirely. You seem to be the type of lutz who is more then happy to change your ways just because someone told you to. In free countries, most people aren't like that. The real problem is that the BAC levels are dropping to below points in which any danger from drinking is present. It's a money grab by the states and a

    193. Re:If you've nothing to hide... by pugugly · · Score: 1

      I find it simply disturbing that an officer in an unmarked car even considered pulling someone over;

      Most states actively prohibit unmarked cars from pulling people over, on the simple basis that sets people up for carjacking;

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
    194. Re:If you've nothing to hide... by Rary · · Score: 1

      Ok I'm confused will saying "police" help or hurt compliance? You've said both at this point.

      Both, depending on the circumstances.

      In the real situation, the cop should have identified himself. I've said that all along. That's just proper police procedure.

      However, I believe Graber already knew he was being pulled over by the police, so saying "police" would have changed nothing.

      But in the hypothetical situation as you believe it occurred, where he hadn't seen the marked patrol car and hadn't heard any siren or seen any flashing lights, I believe that his first reaction, given the context (ie. he's driving recklessly), would still be that the person with the gun is probably a police officer. But, you're proposing that, in that context, he decides instead that it must be a carjacker, even though he knew he was a prime candidate for being pulled over by police. In that case, I contend that saying "police" would not necessarily change anything. He's already well aware of the possibility of being pulled over by police, but has decided, for whatever reason, to discard that idea and go with the carjacker theory instead. If that's the case, why would he believe the "carjacker" is telling the truth about being police when he's already discarded that possibility? It's not like the guy saying "police" would have been the first time that thought entered his mind. He was driving like a maniac. Of course the police are going to pull him over.

      Or maybe he would have believed him. It really doesn't matter. All of this is silly and pointless, because Graber knew he was being pulled over by police. It's obvious in the video, and his complaint has nothing to do with how he was ticketed, it has to do with what happened after the fact, when his house was raided and his computers confiscated.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    195. Re:If you've nothing to hide... by sumdumass · · Score: 1

      Actually, it's both and all of the above and 100% right.

      It's true that the government derives it's power from the people, but nothing in any constitution granting the governments their power does it mention that it has to serve the people. In fact, traditionally government serves what it governs which is so much more then the people that most constitutions specifically state what the government is allowed or required to do and specifically restricted from doing.

      It would take You as in plural to the sum of enough people to amend the constitutions of the states and federal government in order to make the statement false. That's not going to happen any time soon.

    196. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      It's funny how law breakers always want to hide behind the law after they get caught.

      A responsible member of society would never have been in this situation to begin with.

    197. Re:If you've nothing to hide... by X0563511 · · Score: 1

      He didn't aim it (or even put a second hand on it) - I'll give him that, but the gun still left the holster.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    198. Re:If you've nothing to hide... by X0563511 · · Score: 1

      There was a lethal weapon involved. There should be no room left for mistakes. What you suggest leaves far too much of said room.

      You can't unkill someone. You can, however, set up roadblocks ahead or other such standard procedure.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    199. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      And your average politician can't see a single thing wrong with that reasoning.

      There, fixed that for ya.

    200. Re:If you've nothing to hide... by harl · · Score: 1

      I disagree with your premise. Driving reckless and expecting to get pulled over are in conflict not harmony. You only drive reckless when you don't think you're going to be pulled over. For example when he pulls the wheelie while shielded by the bus. To think that anytime you break a traffic law you expect to get pulled over is delusional. Murder, assault, robbery sure but breaking traffic laws is the normal state of affairs.

      --
      I find being offended by me offensive.
    201. Re:If you've nothing to hide... by sumdumass · · Score: 1

      Monsanto sits on highway 3 in Illinois. You HAVE to drive past to get to St Louis from several towns. The problem was actually breathing as you drove past; the air literally burned your lungs.

      Your smokestack example is an example of underregulation, not overregulation. The factory owner is NOT going to upgrade his exhaust stacks unless he's made to; there's no money in upgrading his stacks until they're almost nonoperational. If he's spewing too much poison, he should be made to upgrade his stacks. If he can't afford it, tough shit. Companies go out of business all the time for a lot of reasons.

      I don't think you read what I said properly. First, I agreed that proper regulation is ok, it's the over regulation that stops an incremental upgrade of a smoke stack that it bullshit. ANd no, it's not under regulation because requiring them to apply new standards before the of the existing permit would be an ex post facto law and it expressly forbidden in the constituion. In other words, they cannot do it which is why there are terms like Grandfathered in. the example I gave was where the site was perfectly legal at the time the permits for operation were issued and the laws have changed to identify new pollutants in which he wouldn't have to abide by because of the post facto thing.

      In this case, there is actually an incentive for him to not upgrade his stack because he is put at a competitive advantage by regulations which new facilities will have to comply with. Of course the answer is not to get rid of the regulation, but to change it to which he can incrementally upgrade and so that the burden on new facilities doesn't create a regulatory advantage for doing nothing. If the goal is to reduce pollution, and the pollution has been identified, then why keep it the way it is other then to protect the existing players?

      The regs you cited sound reasonable to me. Just because Chinese factories can kill its workers with impunity we should be able to, too? Bullshit. Everyone deserves safe working conditions, and that you seem to think otherwise is appalling.

      Who said anything about killing workers? I mean do you really think that if a regulation isn't present, workers will start dying overnight? The problem isn't regulation, it's over regulations. Over regulation indicates a regulation that isn't needed for the safety of the workers or environment or public in general. It's just a hurdle to competition and has the effect of benefiting the existing companies and those already with tone of money to jump through the loopholes.

      That wasn't a matter of overregulation, it was a matter of how the school board reacted to its overlooking of the regulation that said the damned thing should meet code. And I'll bet the extra driver per bus cost way less than the lawsuit that must certainly have happened, as school bus drivers are woefully underpaid. Had they followed the regulations to begin with and secured the goddamn railing that was required by regulation to be secure the problem wouldn't have happened.

      Lol.. Are you purposely ignoring things to be confrontational? They reacted by making more regulations to compensate for regulations not being followed. That's over regulation. Over regulation is in essence regulation that is in excess of what is needed. The thing is, in all situations, what was needed was that someone follow the regulations or none of it would have worked. And of course if you followed the regulation, then to original incident sparking the reaction wouldn't have happened.

      And no, in the state of Ohio, the buses and drivers are immune to lawsuits unless their actions were purposely malicious. Carelessness and recklessness wouldn't have been enough to supersede the requirement. And yes, you need permission to sue a government entity in the US because of the sovereign authority inherent in government. So you either need a law or constitutional right that allows the suit to continue or an act of legislation that allows it specifically.

    202. Re:If you've nothing to hide... by Rary · · Score: 1

      It's not that I think he would expect to get pulled over, but rather that he would expect that if he gets pulled over by someone, it's the police who would most likely be doing it.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    203. Re:If you've nothing to hide... by sumdumass · · Score: 1

      I can agree with that.

      Government in a democracy gain their authority by the consent of the governed. It's only obviously logical that the governed should be inspected by the governed when working in the official capacity of the government. This is the same line of reasoning that made sunshine laws so prevalent in the US and why most of them have automatic invalidation of certain laws if the sunshine laws are not respected. This logic is transparently transferable to recording public officials in their public capacity while in the public.

    204. Re:If you've nothing to hide... by Bryansix · · Score: 3, Informative

      If YOU watched the video (RTFA) you would notice there is a marked police car behind him.

    205. Re:If you've nothing to hide... by Bryansix · · Score: 1

      If we have learned anything from Eric Holder's waste of taxpayers money in his suit against the State of Arizona it is that Federal Law is pre-emptive of State law when there is a conflict. Specifically the First Amendment of the United States consitution says that "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." Judicial precedent has sometimes stated that for something to be considered press it has to be newsworthy. This is absolute bullshit but even if we hold that higher standard here then this video still passes. Look at all the news sites refering to this case now!

    206. Re:If you've nothing to hide... by shiftless · · Score: 1

      minus the 80 MPH the other vehicles are traveling. now how much kinetic energy is involved?

      you can crunch numbers all you want, but the FACT is, motorcycle wrecks rarely injure anyone but the motorcyclist himself.

    207. Re:If you've nothing to hide... by shiftless · · Score: 1

      Issues of privacy and the recklessness of the motorcyclist aside, the video is clearly misleading as the sound was off until the very end. You see the guy look over his shoulder which means that most likely the sirens were on and he'd gotten off the ramp with the hope of evading them.

      Have you actually ever run from the cops, or know anything about running from the cops? If the guy on the bike was trying to run, he wouldn't try, he would simply run and they never would have caught him.

    208. Re:If you've nothing to hide... by dhawton · · Score: 0

      What's funny/ridiculous about Maryland doing this is that in Maryland many police cars have video cameras installed in them to record traffic stops (and other police activity). The police do not find it necessary to inform those they pull over that they are being videotaped. The justification for that is that those being pulled over do not have an expectation of privacy when they are on the public roadways. Yet in this and several other cases, prosecutors (and police officers) assert that the police have an expectation of privacy when conducting their duty (in some cases the very same traffic stops that they would contend the ordinary citizen would have no expectation of privacy if the officer had a video camera in his car).

      Except for apparently, from what I gathered from other sources, he is being charged with the audio, not video recording of the incident as it is illegal in Maryland to audibly record someone without their consent.

    209. Re:If you've nothing to hide... by mea37 · · Score: 1

      Do I correctly understand that you're claiming 1st Ammendment "freedom of the press" should stand to overturn any state wiretap law as applied to someone acting in the capacity of "the press"?

      If you do take that position, I assume the same would apply to single-party consent rules (if not, why not?); so is it ok for someone "acting as the press" to tap your phone without your knowledge and record your conversations with others?

      The point is, where does it end? "Freedom of the press" doesn't mean "freedom of anyone who calls himself 'the press' to do whatever he wants". If you want to stand the 1st Ammendment up against wiretap laws, I suggest starting wtih a little detailed research into what this "freedom of the press" that can't be infringed really is.

    210. Re:If you've nothing to hide... by TigerTime · · Score: 1

      Have you seen cars that hit deer at 60mph? Have seen what happens when a car swerves to avoid another object and winds up losing control of their vehicle?

      A motorcyclist falling on the interstate at 100mph can cause some serious damage. Do you expect a driver to just run over a biker laying in the interstate? Most would swerve and try and avoid, likely causing even more carnage. Not only to the biker, but also those around them.

    211. Re:If you've nothing to hide... by Bryansix · · Score: 1

      No, you take my argument out of context. I understand that there are limits to the freedom of the press. Specifically when it comes to privacy. However being in public means that Police officers are afforded NONE of these exemptions. Taking Video of the Police while they are in public is legal IN ALL 50 STATES under the Constution of the United States and all the legal precedents set beforehand.

    212. Re:If you've nothing to hide... by Dr.+Evil · · Score: 1

      Watching the video, unless the first officer (@1:03) radioed ahead to tell this officer that the fellow was going 127 (@0:37), he'd only be aware of the motorcyclist overtaking him on the left as he went for the ramp (apparently at 82mph? @2:31)... and not passing him very quickly or irresponsibly either.

      From the video, I don't think the officer with the speed trap would have caught the high speed manuver... the bike passed at 69mph although maybe he heard his engine and knew something was up.

      I think he was pulled over for going 82mph.

      Drawing a gun in plain clothes, when no weapon is pointed at you, before announcing that you're a police officer is bizzare to me. But that's the U.S. Some states have weird laws and I'm happy not to live there.

      The guy on the bike wasn't even that bad. He didn't drive between cars, he didn't advance to the front of the traffic, aside from the speeding, he wasn't doing anything wrong.

      I agree here that it's a total abuse of the law.

    213. Re:If you've nothing to hide... by Anubis+IV · · Score: 1

      If you'll kindly re-read my comment, you'll see that I have nothing against other arguments for why videotaping should be allowed, and even cited the fact that they were in public, just as you did. I simply don't like the "if you've nothing to hide" argument since it can cut both ways.

    214. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Your understanding of mass, inertia and potential damage is a bit off. Even a light motorcycle traveling at that sort of speed can do a lot of damage. I once saw the result of a guy on a Kawasaki Ninja trying to outrun the police, in this case they guy snapped a wood utility pole with his head. (the bike landed about at a gas station a few hundred feet away and came to a rest just short of the front doors)

    215. Re:If you've nothing to hide... by garompeta · · Score: 1

      Why are you covering your intimate parts with clothing if you have nothing to hide?

    216. Re:If you've nothing to hide... by mabhatter654 · · Score: 1

      honestly that looks like an off-duty cop because they flashed the gun first not he badge before the uniformed officer even left his vehicle. That is essentially assault with a deadly weapon as it is obvious since his hands were on the handles that he wasn't going to pull a weapon on them. 127 mph is being a dangerous jerk, but I see plenty of BMW and Lexus drivers do that too and they sure as hell wouldn't get a gun pulled on them. I suppose we don't know how long the officers followed him with the lights on, that could have pissed them off.

    217. Re:If you've nothing to hide... by gd2shoe · · Score: 2, Insightful

      I mostly agree with you.

      The officer in question actually performed admirably and didn't do anything wrong.

      A plain clothes cop jumps out of a car, wields a gun, demands the rider relinquish his property, and delays identifying himself. Didn't do anything wrong? You're kidding, right?

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    218. Re:If you've nothing to hide... by jonamous++ · · Score: 1

      I deal with people that infuriate me all of the time at work. Guess what? Part of my job is acting professionally and courteously toward my coworkers and to the clients that I speak with. If I don't, I lose my job. A police officer, being in a position of authority, should be even more cool-headed and professional. I don't want some hot-head with a gun going off because some dick in a sports car called him names.

    219. Re:If you've nothing to hide... by gd2shoe · · Score: 1

      Fair enough, but no need to rant. Short and sweet, please.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    220. Re:If you've nothing to hide... by winwar · · Score: 1

      "Who should they arrest then?"

      Why do they need to arrest anyone?

      "Take a domestic violence case. Who should the officer side with?"

      And here is the problem. They aren't there to take sides. If a crime is committed, they need to arrest someone. And self defense isn't a crime. I don't care if it is hard to tell the difference. Being arrested is a real burden. Police don't seem to realize that.

      "....thats a large part of the police officers job. To make people feel safe in a very unsafe world."

      Bullshit. That is a complete waste of time and money. Just like the TSA. If the feeling is a consequence of the actual work they do, great. I don't want to pay taxes to feel safe. If they can't actually deliver safety, then get rid of them.

      "I agree but as the need for police rises the pay must also rise or the quality must decrease."

      Bullshit. Police make a great deal of money. They receive a great deal of training. What they lack is real oversight. Corrupt and unethical police are the norm. Because reporting corrupt and illegal behavior is not acceptable behavior within the police force. Which means that there are essentially no good cops. Because the system doesn't allow it.

    221. Re:If you've nothing to hide... by theshowmecanuck · · Score: 1

      Comparing yourself and what you have to deal with, with what a policeman has to deal with is absolutely stupid. How many times have you had someone spit on you. How many times have you had someone high on PCP try to take your head off. How many times have you had drunks abuse you. How many times have you had to deal with TV trained lawyers who are either idiots, high, drunk, insane, or all of the above. I would bet that you went from high school to college to work and lived life in a nice middle class cocoon all the way through. Having to stand on the bus is a hard time. Or having to fuel your own vehicle. I have to say it again, comparing what you deal with every day to what cops deal with is clueless and insulting to those who have to keep your city safe. 99.99% of the time cops ARE very professional. Guess what? It is easy to be dogmatic, judgmental, and clueless from an armchair or office desk. Arguments like yours put you in league with the aspergers morons with the video cameras. I can picture it now... according to you a cop can call a committee meeting with a crack head and tick off on the action items list "crack head to check in to remand at the local jail" and wow look at that.... the crack head says, "I'll get right on it sir" and walks to the jail. No wonder you are upset when cops occasionally snap. Give me a break.

      --
      -- I ignore anonymous replies to my comments and postings.
    222. Re:If you've nothing to hide... by flyneye · · Score: 1

      Actually it does need to retain the majority of consent to keep from imploding. I think we've learned from world history.
              We also seem to be at a lobe in the recursive cycle of U.S.history in which we don't have a lot of consent or sympathy for the government due to the last century of so of complete cock ups.
              The civil war is a poor example as it had the disadvantage of geographically determined sides. Not necessarily a factor now, which is why I say recursive rather than redundant. Modern government (translate, the two major parties) should take a cue from Antoinette and lose the "let the peasants eat cake" attitude, they are showing to be as ignorant as the public school children they made possible.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    223. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      If the judge can't see it then I hope the jury is aware of jury nullification.

    224. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      You Americans are so fucked up. How long in the pen. did the guy get for filming the Rodney King beating back in the day ?

    225. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      I'm sure my contempt for the police shows in this post, but I really do believe that as a whole we need more control of the people we allow to walk among us with guns.

      I'd contend that we need less control of the people with guns, and more people with guns.

    226. Re:If you've nothing to hide... by lonecrow · · Score: 1

      Let's remember that while the officer may not have an expectation of privacy, the person he is talking to should.

    227. Re:If you've nothing to hide... by TheQuantumShift · · Score: 1

      Judging by how fast the squad car was behind them, I'm thinking there was a bit of a chase going. The off duty (if he wasn't just plainclothes) cop saw it going and decided to help out. And from what I saw the stop was very reasonable. He just pulled up next to him while stopped at a red light, and if there was a chase going (as the off duty probably believed) then drawing his weapon was the proper response he was trained for. I'm wondering why there's no audio until the stop, were their sirens going the whole time? I think the guy should get at least some jail time and hefty community service for doing 50 over and wheelies on a public freeway.

      But all that said, he is perfectly within his rights to tape the whole thing, and it should be a non-issue.

      --

      Shift happens. Fire it up.
    228. Re:If you've nothing to hide... by Achromatic1978 · · Score: 1
      Apropos of anything else, uh, no. The motorcyclist was going at 80 when pulled over. He was previously, and multiply sighted doing ONE THIRTY.

      We can reasonably assume that the motorcyclist has had no training for such.

      We can reasonably assume that the police officer has had advanced driving training. I know that when I was trained to drive an 11,000 lb top-heavy ambulance, and subsequently a 33,000 and 45,000lb fire engine at speed that there was substantial instruction and practical work and evaluation done, and I know who did it (state patrol).

      I was also taught that operating an emergency vehicle in an emergency mode grants us free license to do anything on the road. But it also comes with it the responsibility that we will take substantial, if not exclusive, liability for any incidents that occur as a result of our actions beyond the regular rules of the road.

      Police are taught to call off high speed pursuits, and in my area at least, regularly do. That is the very antithesis of 'reckless'.

      Let's not go martyring the poor motorcyclist. To claim utter naivety when he was being pursued in excess of the speed limit by one marked police vehicle and one unmarked police vehicle (which had emergency lights activated) when pulled over is entirely disingenuous.

    229. Re:If you've nothing to hide... by Achromatic1978 · · Score: 1
      He's talking utter shit then. In his video, on more than one occasion he actively looks behind him at the marked police car with lights (and presumably siren) in pursuit. Said car is also visible many times in his rear mirror.

      Is his honest claim that he thinks that someone decided to rob him or steal his bike while he was being pursued by a police vehicle in emergency mode? Excuse me if I'm not entirely sold on the argument, especially from someone who has just been caught doing 130mph wheelies on a public road.

    230. Re:If you've nothing to hide... by dave87656 · · Score: 1

      I don't want to bring up that pesky constitution but wasn't there something about government of the people, by the people and for the people?

      People like you scare me, but I guess your moniker "sumdumass" probably says it all.

    231. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Ok, the end was a bit excessive. I mostly just wanted to explain why it irks me.

    232. Re:If you've nothing to hide... by thegrassyknowl · · Score: 1

      There is a big difference between having a gun pointed at you from a random person on the street, and from a police officer. With the exception of a few bad apples (Oakland, London), a police officer's gun is a shield that keeps them safe during their daily job. It's just a fact of life.

      What's the difference? Gun accidents happen. If someone is pointing a firearm at you it's a safe assumption you'll be shot, regardless of their intentions. Why do you think we never point guns at people, even if we're "sure" they're not loaded?

      --
      I drink to make other people interesting!
    233. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Uh, it's "to protect and to serve"...

    234. Re:If you've nothing to hide... by shinehead · · Score: 1

      I don't expect to have privacy while I am at work. The datacenter has cameras, my entering and leaving secure areas is logged, my internet traffic is monitored. I don't have a problem with it as it serves to protect me AND my employer. Police Officers, if you don't have anything to hide why is it a problem videotaping you? Policing is serious business, the stakes are high, and in the interest of fairness both parties should be able to document the transaction. Police already have the upper hand, they have legal powers and lethal force at their disposal.

    235. Re:If you've nothing to hide... by Dunkirk · · Score: 1

      I hope the ACLU cleans the government's clock with the lawsuit, and establishes precedent which guarantees there won't be any more of these things.

      Further, I agree that the cop drawing his gun was outrageous. However, what everyone seems to be missing is that there was another, marked squad car right behind the unmarked vehicle, making the stop along with the plain-clothed officer. The motorcyclist had no doubt that he was being stopped by a legitimate police action.

      --
      Acts 17:28, "For in Him we live, and move, and have our being."
    236. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      I'm sure that the founding fathers would have had an amendment of the constitution that guaranteed against what is going on right now.

      They did! Its the second one. The right to bear arms.

    237. Re:If you've nothing to hide... by Bakkster · · Score: 1

      Himself. Motorcycles have a lot of speed, high acceleration and maneuverability, little mass, and very little between the rider and the road. If he'd met another vehicle at 127mph, the other vehicle would be operable with a dent, and this video would've ended with road pizza.

      Stupid driving? Extremely. Dangerous to those around him? Not really.

      That's assuming the other driver doesn't panic after being hit by a man at a difference in velocity of 50+ MPH, maintains control of their vehicle, and that nobody runs over said motorcyclist or bike.

      I'd say it's about as dangerous as a deer on the highway (slightly slower relatively, yet heavier), and we consider that a danger:

      According to the National Highway Traffic Safety Administration there are about 1.5 million car accidents with deer each year that result in $1 billion in vehicle damage, about 150 human fatalities, and over 10,000 personal injuries. The actual numbers are probably higher because the National Highway Traffic Safety Administration's figures for deer accidents, rely on inconsistent state reporting- there is no standard reporting of deer accidents in the country yet, and a "reportable deer accident" varies significantly between states.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    238. Re:If you've nothing to hide... by Danse · · Score: 1

      I first read "They are authority to use force [...]". Hmm, bit odd way of saying things, but I guess it's okay.

      Then I go on, and it continues with "derives from". Two predicates? Uh oh, now it stops making sense.

      I stop for a moment, go several words back, and replace "they are" with "their" and re-read the whole thing. NOW it makes sense. It would have been more efficient though, if you had done it instead. Then every reader wouldn't have to go through this process.

      I bet the chicks can't keep they're hands off you.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    239. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      You have a point, but by extension, as a stockholder do I have a right to monitor the employees of a company?

    240. Re:If you've nothing to hide... by Vlado · · Score: 1

      If we set aside everything else, do you really believe that pulling gun on someone that you've already stopped is a measured response?

    241. Re:If you've nothing to hide... by DiademBedfordshire · · Score: 1

      Why do they need to arrest anyone?

      AND

      If a crime is committed, they need to arrest someone.

      A wee bit contradictory don't you think?

      If they can't actually deliver safety, then get rid of them.

      Anarchy and revolt then?

      Bullshit. Police make a great deal of money

      Check again.
      http://swz.salary.com/salarywizard/layouthtmls/swzl_compresult_national_lg12000003.html
      50k is not a great deal of money.

      Corrupt and unethical police are the norm.

      If that were true there would be mass riots and armed rebellion.

      What they lack is real oversight. Corrupt and unethical police are the norm. Because reporting corrupt and illegal behavior is not acceptable behavior within the police force. Which means that there are essentially no good cops. Because the system doesn't allow it.

      http://en.wikipedia.org/wiki/Internal_affairs_(law_enforcement)

      You bitch and moan but not once do you offer a suggestion on how to resolve the problem.

    242. Re:If you've nothing to hide... by YouWantFriesWithThat · · Score: 1

      so, recognize that the ACLU is asserting that the Maryland's law against wiretapping is unconstitutional and plan to challenge it. this is a fairly simple concept, it is right in the summery.

    243. Re:If you've nothing to hide... by harl · · Score: 1

      And now we've come full circle.

      Cutting someone off, leaping out brandishing and gun and yelling "get off the bike" "get off the bike" does not look like a traffic stop.

      Thank you for your time.

      --
      I find being offended by me offensive.
    244. Re:If you've nothing to hide... by Rary · · Score: 1

      And now we've come full circle.

      Cutting someone off, leaping out brandishing and gun and yelling "get off the bike" "get off the bike" does not look like a traffic stop.

      Exactly. Just like cutting someone off, leaping out brandishing a gun and yelling "Police! Get off the bike! Get off the bike!" does not look like a traffic stop.

      Thank you for your time.

      It's been fun.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    245. Re:If you've nothing to hide... by sumdumass · · Score: 1

      I don't want to bring up that pesky constitution but wasn't there something about government of the people, by the people and for the people?

      I guess it's a good thing that you didn't bring up that "pesky constitution" then. Because that "something about government of the people, by the people and for the people" is nowhere near it. Those are words come from Lincoln's Gettysburg address almost 100 years after the constitution was around and don't mean what you think they mean.

      People like you scare me, but I guess your moniker "sumdumass" probably says it all.

      It's sad that people like me scare you. I only attempt to educate you on things that you either don't understand, haven't taken the time to try, it is simply too complicated for you to understand. I mean I actually knew where those words come from and you perfectly illustrated my point that some people don't know their ass from a hole in the ground when it comes to their own government, how it operates, how it was designed, or the history of their country. Did you actually believe that "of the people, by the people and for the people" was somewhere in the constitution? I know it's hard to memorize with it changing all the time and all.

      Buy hey, if my moniker says it all, then what does that actually tell you?

    246. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      The police officer was *required* to pull him over.

      That's completely wrong. Police have fought in court multiple times for the right to not have to ever enforce any laws for any reason. They call it "discretion." And it means they never have to enforce any law, ever.

      The officer in question actually performed admirably and didn't do anything wrong.

      He performed a felony stop for a non-felony offense. He did so while not in uniform and without properly identifying himself. He did so in the presence of a uniformed officer in a marked car. He should have remained in his car while the officer behind the biker approached and conducted the initial contact. If the biker had been armed, he should have shot the officer dead, then sued the widow for marrying an idiot so stupid as to give him distress for killing someone. He was armed, not in uniform, not in a marked car, and aggressively approached someone while brandishing a firearm. He also did so because an apparent lack of self control on his part. If that's admirably, then I don't want to live anywhere you are happy with the law enforcement.

    247. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      Police are never "on duty." They have sued multiple times for the right to never have to enforce any laws, and won. So they don't have to do a damn thing, ever. But that's what happens when a woman with a restraining order calls in and says "a man I have a restraining order against called and said he's coming over to kill me, could you please come over and arrest him for violating the restraining order and threats?" and the police don't show up until the neighbors report her death. For some reason, the courts agreed that the police never have to enforce any laws for any reason.

    248. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      No one should want such a job. And no sane people do. That leaves only insane cops. And that's why they should be held to a higher standard.

    249. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      ANd no, it's not under regulation because requiring them to apply new standards before the of the existing permit would be an ex post facto law and it expressly forbidden in the constituion.

      That's 100% false. They were allowed to pollute to level X yesterday, and now they are not allowed to pollute past the tighter standard level Y. They won't ever be prosecuted for what they did yesterday, so it isn't an ex post facto law. At best, your Constitutional argument is that it is a takings and that the government should refund the prorated cost of the previous permit that is no longer valid. It is not an ex post facto law to change a regulation or law and apply it going forward. It doesn't matter if permits have been issued. The law trumps contracts, and permits are just contracts between people and the government.

      I mean do you really think that if a regulation isn't present, workers will start dying overnight?

      Yes. When regulations weren't present, workers died on a daily basis doing relatively safe things (and much more often at the unsafe things). It was the regulations that prevented deaths. And I have no psychosis that leads me to think that if I do the same thing again I'll get the opposite result.

      Of course the answer is not to get rid of the regulation, but to change it to which he can incrementally upgrade and so that the burden on new facilities doesn't create a regulatory advantage for doing nothing.

      That I do agree with. There are many cases where the current implementation is grandfathered, and the upgrade to current standards is unfeasible. Yet it's illegal to improve the existing item because any adjustments at all would nullify the grandfathering and make it subject to the impossible current standards. Small bridges over streams run into this problem all the time. As to some pollution controls like you mention. There should be some allowance for improving something without having to fully meet the current standard if the change is a net benefit towards becoming safer/better.

    250. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      She sat at the back of the bus. In the colored section. Her crime wasn't sitting in the Whites Only section. But for not giving up her seat to a white man. All whites sit before any coloreds do, regardless of section.

      The civil disobedience was being tired, apathy, and frustration. She was talked into self-righteousness later (not the bad kind, but the kind that would let her be dragged through the courts for years for the benefit of all). Strange that separate-but-equal was struck down because of laws that were explicitly not equal (whites get to sit in the colored section, and no coloreds get to sit in the white section). I guess it's good that people didn't understand the issue, else separate-but-equal could have survived. Though it kind of did. It is alive and well with things like Title IX. But that's a different story...

    251. Re:If you've nothing to hide... by sumdumass · · Score: 1

      That's 100% false. They were allowed to pollute to level X yesterday, and now they are not allowed to pollute past the tighter standard level Y. They won't ever be prosecuted for what they did yesterday, so it isn't an ex post facto law. At best, your Constitutional argument is that it is a takings and that the government should refund the prorated cost of the previous permit that is no longer valid. It is not an ex post facto law to change a regulation or law and apply it going forward. It doesn't matter if permits have been issued. The law trumps contracts, and permits are just contracts between people and the government.

      Maybe you should spend some time learning what post facto and ex post facto means. Your right in that they were allowed one thing at one time and another at another time, the problem you seem to be ignoring is that they have a permit to operate at X levels and it doesn't say "until we change our minds". In fact, the permit says they building is certified under the laws and regulations in place at the time of operation and it allowed to operate for the expected life time of the building. This lifetime is generally 20-50 years depending on what type of operation it is. This means that any deviation from X standards has to allow X standards to be grandfathered in during the duration of the valid permit else it's running into constitutional problems.

      And No, you can't revoke a valid permit because you are passing a new law or tighter regulation. That is the exact same thing as enforcing a post facto law which is forbidden by the constitution. This is the same concept as you building a house that meets code today, then when the code changes in 2 years, expecting you to tear the 100k+ investment down and meeting the new building codes. That doesn't happen in real life, you get grandfathered in because of the post facto thing.

      Yes. When regulations weren't present, workers died on a daily basis doing relatively safe things (and much more often at the unsafe things). It was the regulations that prevented deaths. And I have no psychosis that leads me to think that if I do the same thing again I'll get the opposite result.

      Ok, now I know you are just batshit crazy. There is a regulation requiring minors employed to have a break after 3 or 4 hours and not working more then 6 hours a day on a school night. What in the hell is going to cause a working to die in a fast food joint where the teen is flipping burgers or asking if you want fries with that.

      IF you were paying attention, I am not talking about all regulations, It's the over regulation and BS that simply does nothing besides complicate the situation. But hey, I guess without all the wash your hands after picking your nose regulations in place, workers would die everywhere right. Get real.

      That I do agree with. There are many cases where the current implementation is grandfathered, and the upgrade to current standards is unfeasible. Yet it's illegal to improve the existing item because any adjustments at all would nullify the grandfathering and make it subject to the impossible current standards. Small bridges over streams run into this problem all the time. As to some pollution controls like you mention. There should be some allowance for improving something without having to fully meet the current standard if the change is a net benefit towards becoming safer/better.

      Finally, something we agree on. However, I would like to point out that common sense and practical regulation instead of excessive regulation is what I was promoting all along. Maybe we agree on more then is apparent.

    252. Re:If you've nothing to hide... by Anonymous Coward · · Score: 0

      Many State Police have dash-cams with audio. I believe a few years ago, Maryland was ordered to have dash-cams because of the disproportionate pulling over of black drivers. Dash-cam audio has also protected some law-enforcement officers in the past when falsely accused of inappropriate conduct. There is no need to have warrants issued by law enforcement to record with dash-cams because this is public. There is no reasonable expectation of privacy in any of these situations.

      Also Attorneys need to thing about what precedence this might set with the public. If you are using your camcorder in the park and incidentally record a murder and the murderer says something incriminating to you. If in Maryland you may consider not giving the recording (evidence) to the police. According to their idiotic State Attorney, you could get 16 years for recording audio without consent. Or if you are a murderer, use this Attorney's logic to get the video thrown out. What?

      This is clearly intimidation, corruption and misuse of public funds. Taxpayers are going to have to foot the bill of sending this innocent man to court and then prison if the State Attorney has a sympathetic Judge.

      This case only proves how stupid the attorney and police are in this situation. Instead of dropping the ticket, apologizing to the rider, suspending the trooper and asking nicely that this person pull the video - instead they have caused a public national incident that only underlines their corruption. Even if the rider didn't pull the video, they could simply say that "the officer should have identified himself immediately and appropriate actions would be taken to correct this behavior." END OF STORY.

    253. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      This is the same concept as you building a house that meets code today, then when the code changes in 2 years, expecting you to tear the 100k+ investment down and meeting the new building codes. That doesn't happen in real life, you get grandfathered in because of the post facto thing.

      I think you are wrong. There is nothing stopping them from doing so, and in fact they do enforce that on things like sales. So when the code changes, you are expected to modify the building to meet code to transfer ownership, or tear it down. It's usually not enforced by law, though, but by lenders and insurance companies who won't lend against something that doesn't meet code at the time of the loan, or insure something that didn't meet code when you acquired it. But there are places where codes must be met by law. They usually don't change codes in a manner that require the current owner make current changes, but they can and have.

    254. Re:If you've nothing to hide... by dave87656 · · Score: 1

      I stand corrected. You are right that that was in the Gettysburg Address.

      Most of us would agree that that is what we hope for in our government and in any democracy. Apparently not everyone sees it that way.

    255. Re:If you've nothing to hide... by pnutjam · · Score: 1

      That mouthwash argument tipped me off to your trolling. If your worried about that, simply demand a blood test, it's your right.

    256. Re:If you've nothing to hide... by Festeron · · Score: 1

      If we assume that the helmetcam is looking in the same direction as the bike rider, then he didn't see the marked cruiser until we did.

      That is, after he had been stopped and was off the bike.

    257. Re:If you've nothing to hide... by sumdumass · · Score: 1

      Everybody wants something different. This is why there needs to be a separation of ownership in the government.

      This country wasn't founded by the right to rule like England or the English empire and so on. What we had were basically territories that because countries when they banded together to boot England out. These 13 colonies or territories of England then became states as in countries in their own right. Knowing that each state would be at a severe disadvantage, they banded together once again and sold out limited parts of their sovereignty to a central authority constituted by three branches of government that operated as a republic and only one of them was originally directly elected by the people which is how we became a representative democracy. This government's primary goal was to act as a single head of state for the colonies which is why the state department deals with foreign affairs and not domestic affairs. Another goal of the new government was to be in charge of interactions between the states so none of them could band together to discriminate against one of them. They also directed or legislated matters concerning interstate commerce in much the same way.

      Originally, senators were picked by the state's legislatures, the same picked electoral college representatives (but was left to the state to determine how which is where public voting for them eventually came into play), and finally, a massive body of legislatures elected directly by the people to keep the government in check. This is also why tax raised must originate in the house- it would be commissioned by the representatives of the people before going to the other branches of government.
      You see, the idea wasn't the people were smart or needed to be in charge, it was that the people could override the states and the government interacting with them.

      Now the of the people, by the people, and for the people, doesn't really mean you are the boss. It's meaning is this, Of the people: the government is constituted by the citizens of the country instead of a king or foreign national with their homeland's interest at heart. By the people means that we give consent to the government by the constitution that creates it and bounds it's authority. The we the people can either influence it, run for office and become part of it, and so on. and for the people means that the government's actions are for the citizens living in the US not the citizens of England or the East India tea company or so on. It's not really supposed to mean that the government is going to work to get you a new car or your wife a new Sunday dress.

      Now I say this not to piss you off, but to stop this endless cycle of everyone getting pissed off because the government doesn't do what they want or does directly what they don't want. This entire problem has been exaggerated by the parties backing the candidates for office which somewhat tear the entire for the people, by the people stuff up.

    258. Re:If you've nothing to hide... by sumdumass · · Score: 1

      I think you are wrong. There is nothing stopping them from doing so, and in fact they do enforce that on things like sales. So when the code changes, you are expected to modify the building to meet code to transfer ownership, or tear it down. It's usually not enforced by law, though, but by lenders and insurance companies who won't lend against something that doesn't meet code at the time of the loan, or insure something that didn't meet code when you acquired it. But there are places where codes must be met by law. They usually don't change codes in a manner that require the current owner make current changes, but they can and have.

      You are introducing concepts here that aren't in play. If the power station is up and running, they won't be taking loans out on it unless it's to do the upgrade or something. Anyways, look at it more like this, even in states with E-check laws, if you buy a car today and they change the emissions standards tomorrow, they do not make you retrofit the car to meet the new standards. Instead, they grandfather it in because applying a law created today to something made yesterday is after the fact and if no different then making it illegal to post on slashdot then prosecuting you for your posts before it became illegal.

    259. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      Instead, they grandfather it in because applying a law created today to something made yesterday is after the fact and if no different then making it illegal to post on slashdot then prosecuting you for your posts before it became illegal.

      You really are insane. Giving someone a license to post, then changing the law, letting them know that revokes their license to post, then prosecuting them for further posts after the law changed is not, in any way, similar to prosecuting someone for a post made before the law change.

      That you are unable to see a difference indicates your dogma ate your sanity. They aren't prosecuting them for making a plant. They aren't prosecuting them for possessing a plant. They are prosecuting them for making illegal pollution from it. If they shut it down, they aren't in violation of the law. And they aren't being prosecuted for anything they ever did in the past. They are only prosecuted for something they do in the future (i.e. operate a polluting plant).

    260. Re:If you've nothing to hide... by godefroi · · Score: 1

      I'm sure the very clearly *MARKED* car behind him with flashing lights, sirens, etc weren't good enough evidence that he was involved in a real traffic stop conducted by real police?

      We don't know (from the video) how long the guy was being chased by the police, nor do we know how many police vehicles were involved (he points out 3 in the video, and at least two are involved in the stop, but beyond that, we don't know). Maybe the police had reason to believe he would run? Maybe he's run in the past?

      We're missing a lot of information here.

      --
      Karma: Poor (Mostly affected by lame karma-joke sigs)
    261. Re:If you've nothing to hide... by godefroi · · Score: 1

      I think it's pretty safe to assume it's not looking in *EXACTLY* the same direction, given the video spends nearly all it's time staring at the 10 feet of roadway in front of the forward wheel...

      --
      Karma: Poor (Mostly affected by lame karma-joke sigs)
    262. Re:If you've nothing to hide... by sumdumass · · Score: 1

      You really are insane. Giving someone a license to post, then changing the law, letting them know that revokes their license to post, then prosecuting them for further posts after the law changed is not, in any way, similar to prosecuting someone for a post made before the law change.

      Either you do not know the facts or you are purposely attempting to be retarded just to keep this nonsense up. Power generation facilities have a permit to operate that goes well into the future, in the context we were discussing, it's not informing them the law has changed then prosecuting them, it's saying they can do something for X years then attempting to prosecute them by not honoring those X years terms. They meet the requirements and got the permit yesterday, just like posting yesterday would be. Making it illegal today would be like that post still existing therefore you getting prosecuted for it because the law changed today. If they are still operating on their still valid permits, it's post facto to change it mid stream on them plain and simple.

      That you are unable to see a difference indicates your dogma ate your sanity. They aren't prosecuting them for making a plant. They aren't prosecuting them for possessing a plant. They are prosecuting them for making illegal pollution from it. If they shut it down, they aren't in violation of the law. And they aren't being prosecuted for anything they ever did in the past. They are only prosecuted for something they do in the future (i.e. operate a polluting plant).

      Now I know you are being stupid on purpose. The pollution cannot be illegal because it was certified to be legal at the time the permit was issued and changing it to being illegal is an after the fact law that can't be applied constitutionally.

      Why would they shut it down for? They have a permit signed by the government stating it is legal to operate it for the intended purposes and within the pollution limits when it was designed and built. You are trying to say the equivalent of you can keep your 5 year old car as long as you don't drive it because the emissions standards have changed. We both know that won't fly so stop pretending otherwise.

    263. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      Power generation facilities have a permit to operate that goes well into the future,

      You asserted that canceling a permit is charging someone for a crime they committed at a time the act was legal. That's not true under any conceivable reading of the law. No matter how you try to word it, canceling a permit doesn't make what they did yesterday illegal. All claims of ex post facto are false. There is *nothing* that makes a past act illegal. It is just the effective revocation of a permit by a future change of law such that acting under a current permit would then be illegal.

      Now I know you are being stupid on purpose. The pollution cannot be illegal because it was certified to be legal at the time the permit was issued and changing it to being illegal is an after the fact law that can't be applied constitutionally.

      And I think it's you being deliberately stupid on purpose. There is nothing in the permits that states "no change of law can ever affect this permit, and you are immune to all future acts of the government, including Constitutional Amendments and revolutions." It's not in there. I've seen permits revoked all the time when the person issued the permit didn't break any conditions of it. That you claim otherwise either means that these permits have specific clauses in them indicating that they are above the law, or you are an idiot.

      We both know that won't fly so stop pretending otherwise.

      I've seen it fly, many times. So you can think I'm wrong, but I know for a fact you are wrong.

      There is nothing you can do to convince me you are right, short of presenting a copy of one of these permits that indicates they are above the law. Otherwise, I'll lean on my personal knowledge of changing regulations including grandfathering out of politeness (not wanting to piss off constituents or donors), because if, as you say, grandfathering was required because permits trump law, then there'd be no need for grandfather clauses because they'd be covered with the permits. But that's not how it works. They are always explicit in laws because to not explicitly state it would have the effect you claim is impossible. And it isn't done because of some ignorant fear of ex post facto complaints.

    264. Re:If you've nothing to hide... by sumdumass · · Score: 1

      You asserted that canceling a permit is charging someone for a crime they committed at a time the act was legal. That's not true under any conceivable reading of the law. No matter how you try to word it, canceling a permit doesn't make what they did yesterday illegal. All claims of ex post facto are false. There is *nothing* that makes a past act illegal. It is just the effective revocation of a permit by a future change of law such that acting under a current permit would then be illegal.

      No matter how you try to word it, the result is the same, making a law after the fact then attempting to apply it before the fact is unconstitutional whether it's revoking a permit to operate or charging someone for a crime. You can weasel around all you want and focus on everything but that, except it doesn't change that point one bit at all.

      The revocation of a permit by a future law has the exact same effect of applying the future law to the previous conditions. You are in essence attempting to use words other then law and revocation to hide this but it doesn't work. If you revoke a permit because a law changed and the facility no longer meets the law's requirements, then you are applying the after the fact law to the facility no matter how you try to dress it up. It's simply post facto.

      And I think it's you being deliberately stupid on purpose. There is nothing in the permits that states "no change of law can ever affect this permit, and you are immune to all future acts of the government, including Constitutional Amendments and revolutions." It's not in there. I've seen permits revoked all the time when the person issued the permit didn't break any conditions of it. That you claim otherwise either means that these permits have specific clauses in them indicating that they are above the law, or you are an idiot.

      The permit doesn't need to say anything like that. The damn constitution makes it illegal to change the laws after the fact. The permit simply says this has been certified to X standards and is allowed to operate for Y time. IF you change any laws and use those changes as a basis to move X or Y, you have violated the constitution's ex post fact clause. When the states or federal government changes a law, the only way they can apply it to something already in existence constitutionally is if they grandfather it in and require the changes to be made up to code when a certain amount of regulated renovation happens or someone attempts to change it's use.

      And as for your anecdotal evidence, well, I guess that settles everything because you know all the conditions of the permits, you know all the actions of the permits, you know the law surrounding them, and you know everything right. Well, wrong! Permits expire, there are conditions in some that don't have anything to do with the actions of the holder, and some of these conditions are set in law. But by all means, please link to a few examples of these no fault revocations of permits you know about that didn't have conditions already in law or the permits.

      I've seen it fly, many times. So you can think I'm wrong, but I know for a fact you are wrong.

      There is nothing you can do to convince me you are right, short of presenting a copy of one of these permits that indicates they are above the law. Otherwise, I'll lean on my personal knowledge of changing regulations including grandfathering out of politeness (not wanting to piss off constituents or donors), because if, as you say, grandfathering was required because permits trump law, then there'd be no need for grandfather clauses because they'd be covered with the permits. But that's not how it works. They are always explicit in laws because to not explicitly state it would have the effect you claim is impossible. And it isn't done because of some ignorant fear of ex post facto complaints.

      Listen, I'm not sure what you have seen because it

    265. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      No matter how you try to word it, the result is the same, making a law after the fact then attempting to apply it before the fact is unconstitutional whether it's revoking a permit to operate or charging someone for a crime.

      No judge would agree with you. So, thankfully, no one else on the planet puts a permit above the force of law. So take your incorrect opinion and wave it around like it's a fact. The rest of us recognize your insanity. Thanks for playing, and please seek professional help.

    266. Re:If you've nothing to hide... by sumdumass · · Score: 1

      No judge would agree with you. So, thankfully, no one else on the planet puts a permit above the force of law. So take your incorrect opinion and wave it around like it's a fact. The rest of us recognize your insanity. Thanks for playing, and please seek professional help.

      Jesus christ man. Are you being intentionally stupid or what. I started this thread off with telling you to learn something about post facto, and expost facto and you are still fucking clueless. Did you bother checking anything out that you were told or are you closing your eyes to all the evidence and hoping that what you think remains true? Fuck, There is no reason whatsoever at all why you are still arguing this the way you are unless you are intentionally attempting to remain willfully ignorant or trolling. Now do a simple google search on what the hell post facto is in American constitutional law and shut the hell up until you know.

      No one is putting a permit above the force of law, they are putting the constitution above the law. It's the god damn constitution that says no post facto laws can be passed and it's the damn constitution that gives the government the ability to create the force of law. This means that the law has to be made within the guidelines of the constitution or it's invalid. This is why when they change a law, they have to grandfather existing situations in under the old or applicable rules set when they were approved/built it. This is so the law, not the permit, is constitutional. The effect is that the permit gets grandfathered in because the new law cannot have an adverse effect on the older allowances without treading into the post facto clauses that explicitly forbid the creation of those types of laws in the constitution.

      Fuck, you seem to be so focused on the end that you are refusing to look at the beginning or the middle where the real action is. It's not the damn permit being above the law, it's the constitution being above the law which the constitution does specifically state it is. You simply cannot make a new law and apply it to old circumstances and when a permit for operation allows the old circumstances, passage of the new law is not enough to revoke the permit because it would be the post facto application of a new law. You can close your eyes and say that not right or refere to judges without any links rulings on the shit (which is you checked, you would find that laws are negated in specific application all the time because of post facto application). I mean if you attempted to look just the slightest, you would have shut the hell up about it by now. You would know that you are wrong.

    267. Re:If you've nothing to hide... by AK+Marc · · Score: 1

      No one is putting a permit above the force of law,

      You are when you state that a law can't invalidate a permit.

      It's the god damn constitution that says no post facto laws can be passed and it's the damn constitution that gives the government the ability to create the force of law.

      A law passed that invalidates a permit does not make anything that happened in the past a crime. Nothing you can say will change that fact. There is no violation of ex post facto. Oh, and when some chump tries to correct me and doesn't even know it's three words and not two, I can't take him seriously. It's like a three year old who "knows" he's right even when he's wrong. Yap yap yap.

      passage of the new law is not enough to revoke the permit because it would be the post facto application of a new law.

      If the law can not revoke a permit, then the permit is above the law. Period. You seem to object to that characterization, but not the substance. When you drop your egotistical demands for controlling not only the subject of the conversation, but the colorizations thereof, then we can discuss more than the "it's not above the law, it's just at the Constitution, which is above the law" illogical whinings. You are assuming associative properties in that argument, and so you are asserting that yes, it is above the law, but that it's not above the law because you don't like that wording.

      I guess all one has to do to make you look like a raving lunatic is to use words you don't like in a manner you 100% agree with. You are the one claiming that a permit is more powerful than force of law, and no law may ever modify anything in any permit anywhere.

    268. Re:If you've nothing to hide... by sumdumass · · Score: 1

      You are when you state that a law can't invalidate a permit.

      I'm not saying that a law can't invalidate a permit at all. Fuck are you not even reading the fucking posts you are replying to? I'm saying that a law cannot change the requirements for the permit to be valid after the permit has been issued then use that as an excuse to invalidate it. That's a post facto application of the law which is unconstitutional plain and simple.

      A law passed that invalidates a permit does not make anything that happened in the past a crime. Nothing you can say will change that fact. There is no violation of ex post facto. Oh, and when some chump tries to correct me and doesn't even know it's three words and not two, I can't take him seriously. It's like a three year old who "knows" he's right even when he's wrong. Yap yap yap.

      IT has the same detrimental effect. It stops behavior that was guaranteed to be legal for a period of time from being legal before the time is up. The permit allows operation between X amount of years and revoking that because of a new law is a post facto application of the law. And no, it doesn't have to be a crime to be post facto, it simple has to restrict behavior or have some detrimental effect. Now as I said before, use your damn google finger and find out what post fact means and how it's relevent to constitutional law in America. Because right now, you are more then proving your complete ignorance of the subject.

      If the law can not revoke a permit, then the permit is above the law. Period. You seem to object to that characterization, but not the substance. When you drop your egotistical demands for controlling not only the subject of the conversation, but the colorizations thereof, then we can discuss more than the "it's not above the law, it's just at the Constitution, which is above the law" illogical whinings. You are assuming associative properties in that argument, and so you are asserting that yes, it is above the law, but that it's not above the law because you don't like that wording.

      Your right, an unconstitutional law can revoke a permit, but then the law will be nullified in that application because it's unconstitutional so Im guess a permit is above the law.

      Fuck, what is so hard for you to understand. The law has to be constitutional, if it's not, it can't be applied or when it is, will be struck down in court. That is why things are grandfathered in- to make the laws constitutional. IF a law is passed saying that the cops can stop you and detain you for a year without pressing charges and sell off all your assets to pay for your detainment and if they don't ever press charges, you still get nothing in return, would that be constitutional? No it wouldn't be. Does that mean you would be above the fucking law? No, it means that the law is unconstitutional and not enforceable. It doesn't mean that you are above the law because you can't be detained for a year without charges and have all your belonging sold off with the proceeds going to the state with no hope of ever recovering any of it. It simply means that the constitution stops the law from being created in the first place that allows that to happen.

      guess all one has to do to make you look like a raving lunatic is to use words you don't like in a manner you 100% agree with. You are the one claiming that a permit is more powerful than force of law, and no law may ever modify anything in any permit anywhere.Yea, right. You are purposely trolling and playing stupid here. I'm not sure if you are really that stupid or if you are faking it and attempting to make people believe you are. Anyways, you need to pay the fuck attention to not only what is being said to you, but what you are attempting to talk about yourself. For instance, I never said that a permit is above the law, I always said that the constitution is what stops the law from being

    269. Re:If you've nothing to hide... by jonamous++ · · Score: 1

      First of all, "you don't know me" is appropriate in this situation. I grew up far from a cocoon, well below poverty level, frequently living in shit areas with bad influence. However, I put myself through school, and now make enough money that I am comfortable and can support myself and my girlfriend. Second of all, my point is not to compare my job to a police officer, but to point out: If you can't handle the job, you should not be doing it. I'm friends with a few cops, some of them do it for the money (some of them make upwards of 60,000-70,000 a year; which is damn good for not having a degree). Some of them do it because they love the work. None of them behave this way. If your temper or mental state doesn't allow you to do a job with the professionalism due the position, you shouldn't be doing it. Police officers also have authority, firearms, and a rather large fraternity. They should be held to a standard that does those privileges honor, not disgrace.

    270. Re:If you've nothing to hide... by theshowmecanuck · · Score: 1

      Like I said, it's easy to point fingers from outside. Join the auxiliary police and ride with them for a couple of years. Then let's hear your tune. Ridiculous self righteousness is not only the domain of asshat right wing christians (I put those in lower case... real ones I capitalize). Have a good life judging others from a chair.

      --
      -- I ignore anonymous replies to my comments and postings.
  2. Its unfortunate by Beowulf_Boy · · Score: 4, Insightful

    Its unfortunate that he will most likely win (atleast, we all hope) and will probably end up getting some money out of the state for his trouble. But the thing is, the people that made those decisions won't be punished, its the tax payers that will be punished because now the defecit due to the lawsuit has to be made up for.

    1. Re:Its unfortunate by ILuvRamen · · Score: 2, Funny

      Who cares about the money? At least one person is going to resign or get fired. I think the tax payers would pay like $0.07 each to at the same time fire whoever is behind this idiocy.

      --
      Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    2. Re:Its unfortunate by Ami+Ganguli · · Score: 5, Insightful

      I seriously doubt anybody will get more than a slap on the wrist.

      This is a problem pretty much everywhere. When law enforcement does nasty stuff they're rarely punished. If a private citizen pulled a gun on a motorist, then broke into his home, kidnapped him for 26 hours, and stole this computers, there would be serious prison time, but when cops do this there are no real consequences.

      I think that it would probably help the majority of decent, competent cops to do their jobs if the bad ones (and their superiors) were fired and punished when they pulled this sort of crap, but whenever anybody calls for bad cops to be held accountable, police unions raise a stink.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    3. Re:Its unfortunate by shentino · · Score: 1

      What worries me more is the possibility that this charge will actually stick and simply be pled down on grounds of cruel and unusual punishment.

    4. Re:Its unfortunate by popo · · Score: 5, Insightful

      The motorcyclist would have been 100% within his rights to draw a gun and shoot his attacker in the face. This police officer is extraordinarily lucky to be breathing.

      --
      ------ The best brain training is now totally free : )
    5. Re:Its unfortunate by TheTurtlesMoves · · Score: 4, Insightful

      but whenever anybody calls for bad cops to be held accountable, police unions raise a stink....

      And "good cops" start bleating in the corner about why they didn't say anything. Some crap about don't snitch on your fellow inmates^W cops. Well if the "good cops" started actually being good cops --rather than an accessory after the fact (and probably an accessory before the fact), then my faith in the uniform wouldn't have been lost.

      But when good cops bleet on about what would happen --ie are intimidated... where do we, who are not cops, stand?

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    6. Re:Its unfortunate by Anonymous Coward · · Score: 0

      If there was a "majority of decent, competent cops" then "the bad ones (and their superiors)" would be "fired and punished when they pulled this sort of crap".

    7. Re:Its unfortunate by Dracophile · · Score: 1

      And, one hopes, sooner or later the taxpayers who have to make up this deficit manage to break the code and work out who to be pissed off at, and then exercise their pique at the ballot box.

      --
      Athy, athier, athiest.
    8. Re:Its unfortunate by Anonymous Coward · · Score: 1, Insightful

      And if the motorcyclist had exercised his "rights" he'd be 100% dead. And you know it. It's like a pedestrian who has right-of-way on a cross walk on a busy street....right and dead is not preferable to wrong and alive in 99.99999% of cases.

    9. Re:Its unfortunate by couchslug · · Score: 1

      "And if the motorcyclist had exercised his "rights" he'd be 100% dead."

      Kindly explain the mechanism by which a dead assailant can continue an assault? (Zombies are an option I guess...)

      If the cyclist shot the assailant in the face first, the non-functioning cop would have no way to render him "dead".

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    10. Re:Its unfortunate by Beyond_GoodandEvil · · Score: 1

      Kindly explain the mechanism by which a dead assailant can continue an assault? (Zombies are an option I guess...)
      When he loses the court case for shooting an officer, and the state of Md injects a cocktail of paralytics, barbiturates, and potassium chloride into his veins.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    11. Re:Its unfortunate by Ogive17 · · Score: 1

      I think that it would probably help the majority of decent, competent cops to do their jobs if the bad ones (and their superiors) were fired and punished when they pulled this sort of crap, but whenever anybody calls for bad cops to be held accountable, police unions raise a stink.

      I agree and I think more and more bad cops are being fired (I see an area story about once a month about a local cop losing their job). One issue I see is that no one comes out and tries to protect the good cops that do their job well. Police unions raise a stink because #1 they get paid to protect their members and #2 the cops have to feel like someone has their back because it's normally a thankless job. Would you do a job where most people despise you just because of the job title you hold? How about where one tiny mistake would have people calling for your head?

      Being a police officer isn't (normally) a high paying job. You aren't going to attract the best people all the time when they could make more money (with less stress and probably better hours) somewhere else.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    12. Re:Its unfortunate by 91degrees · · Score: 1

      It's more the case that if the motorcyclist had attempted to exercise his rights. The cop would probably have shot first - if he had his gun drawn already.

    13. Re:Its unfortunate by UnknowingFool · · Score: 1

      One complaint I have was the fact the officer cut of the of motorcyclist, got out of the car, drew his weapon, approached the motorcyclist, shouted for the motorcyclist to get off the vehicle and then announced he was police. The Attorney General said the officer was justified in pulling his weapon as the motorcyclist was displaying aggressive actions by backing away from the car. Bullshit. If a car cut me off at a stop, I'd back off too because the car driver was being aggressive and I want my distance from it. The other thing was there actually more than one officer. The plain clothes in front and a uniformed police officer in a squad car that appeared from behind. There was no need for the officer to draw his weapon.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    14. Re:Its unfortunate by AndersOSU · · Score: 3, Insightful

      The cop is brandishing his gun. What do you think he's going to do when the motorcyclist reaches for his gun? I'll tell you what he's not going to do, and that's wait to be shot in the face.

    15. Re:Its unfortunate by bsane · · Score: 1

      The 'mechanism' would be his cop buddies who would kill him, then discover the camera and destroy it.

    16. Re:Its unfortunate by NeutronCowboy · · Score: 1

      And since the cop had the gun drawn already, it's a certainty the biker would have been dead before he could have squeezed his trigger.

      That's the fallacy in these pipe dreams: bad guys draw their guns first, and therefore can shoot before you can.

      --
      Those who can, do. Those who can't, sue.
    17. Re:Its unfortunate by alexo · · Score: 1

      But the thing is, the people that made those decisions won't be punished, its the tax payers that will be punished because now the defecit due to the lawsuit has to be made up for.

      The law does not apply to the police and the politicians. On paper, maybe, but not in practice. Rogue cops and corrupt politicians are seldom charged and when they do, they get laughable sentences. They can literally get away with murder.

      I am sorry it came to this but we no longer have any choice and have to adopt tactics that I find abhorrent.

      We should start a systematic smear campaign against the people involved. Whenever somebody proposes, supports or applies a law such as this one, they should be portrayed as out to corrupt "our fine police force", obviously due to being on the organized crime payroll. Because no honest and upstanding cop will protest the recording of the "good work they do to protect our community".

      Call radio stations, write to papers, put up fliers, raise the issue at meetings. Appeal to basic emotions, erect strawmen, use any logical fallacy in the book. Drag them and their associates through the mud. Make sure that the public will associate their names with everything that is vile and rotten in our society, ESPECIALLY NEAR ELECTION TIME (Remember: both the educated person and the uneducated one have exactly one vote each, and the uneducated outnumber the educated.) Make sure they are viewed as a liability.

      I don't have any idealism left. Crowd manipulation seems to be the only thing that works nowadays: tar, feathers and lynch mobs.

    18. Re:Its unfortunate by alexo · · Score: 1

      I think that it would probably help the majority of decent, competent cops to do their jobs if the bad ones (and their superiors) were fired and punished when they pulled this sort of crap

      There are no decent cops anymore.
      Cops fall roughly into four groups:
      1. Corrupt or just happy to abuse their power.
      2. Those that actively protect the 1st group.
      3. Those that do nothing because they are afraid of the 1st and 2nd groups.
      4. Those that have an accident.

      Here's something trivial to think about:
      According to the law, a police car can break the speed limit only when they have their siren and/or flashing lights on.
      I personally was overtaken by police cars while driving at or above the speed limit many times. I am sure that almost everyone had similar experiences. Any idea how many policemen are cited for speeding by their "decent, competent" peers?

      If the "decent, competent cops" was anything more than a myth then they are extinct by now.

    19. Re:Its unfortunate by Scrameustache · · Score: 1

      The motorcyclist would have been 100% within his rights to draw a gun and shoot his attacker in the face. This police officer is extraordinarily lucky to be breathing.

      He would have been charged and convicted of first degree murder.

      --

      You can't take the sky from me...

    20. Re:Its unfortunate by Anonymous Coward · · Score: 0

      Are you kidding? The cop had the drop on him. It doesn't matter if you have a gun when it isn't in your hand ready for action when it happens.

      Unless you think the cop would wait for him to find his gun and pull it out... situate it his grasp... take aim... *chuckle* You need to lay off the YIPPIE KI YAH YAY movies.

    21. Re:Its unfortunate by harl · · Score: 1

      Amen.

      If assault of a police officer is an elevated offense then assault by a police officer needs to be an elevated offense.

      --
      I find being offended by me offensive.
    22. Re:Its unfortunate by jafiwam · · Score: 1

      And if the motorcyclist had exercised his "rights" he'd be 100% dead. And you know it. It's like a pedestrian who has right-of-way on a cross walk on a busy street....right and dead is not preferable to wrong and alive in 99.99999% of cases.

      Yes, anonymous tard-face, thanks for stating the obvious.

      The behavior of the police officer created the dangerous situation in which the motorcyclist may end up dead, even if it is after the cops kill him for drawing on a pig that drew on him first.

      What if there were two motorcycles that looked alike? And the second one (just going to get milk down the block) got drawn on? Who then draws on, and shoots the cop, henceforth is shot by the other cop on the scene.

      In that situation, the cop is 100% the cause of the problem.

    23. Re:Its unfortunate by b0bby · · Score: 1

      This is MD. It's practically impossible to get a concealed carry permit here, so he wouldn't have been "100% within his rights" (legally) to even have a gun unless he was on his way to a range or gun store & even then it would have to be unloaded.

    24. Re:Its unfortunate by mounthood · · Score: 1

      Citizens recording video makes it really dangerous for the police who used to lie with impunity. The fear of video, as shown by the overreactions, isn't for the lone crazy/idiotic officer (like the one in this story,) so much as the officers who might be asked to "support" them. Should you lie to protect your fellow officer, when there might be video showing the truth? That's the kind of cultural upheaval in law enforcement that will cause real problems for everybody.

      --
      tomorrow who's gonna fuss
    25. Re:Its unfortunate by sjames · · Score: 1

      Sadly, recent history suggests that had he done so, he would have been punished under law as if he had shot a fully uniformed officer at random.

    26. Re:Its unfortunate by snowgirl · · Score: 1

      broke into his home, kidnapped him for 26 hours, and stole this computers, there would be serious prison time, but when cops do this there are no real consequences.

      Actually, if I had a court order, like these cops did, then there wouldn't be any prison time or consequences.

      As for the pulling of the gun? Cops get some license to violate laws while performing official duties.

      The worst that could have come from the video was the cop gets a reprimand for failure to properly identify himself. Then he goes and escalates the issue, and gets the whole prosecution arm of the justice system on this guy. Bad move. Either you lied to the ADA about the justification for the warrant, or the ADA misrepresented the facts to the judge. In any case, malicious prosecution.

      If I were the judge hearing all this, I'd dismiss all the wiretapping crap, uphold the original ticket as given, and award just awards for malicious prosecution on the wiretapping crap. I would then issue a detailed and scathing opinion and reprimand to the police.

      I saw a judge give one of those verbal beatdowns once because the plaintiff was seeking a prior restraint of speech against the defendant. The judge was just like, (profanity inserted to indicate raging) "what the fuck are you thinking? Fucking New York Times, any first year law student, and 80% of all paralegals should know this shit. Get the fuck out of here, and go file a defamation suit." Then turned to the defendant, and said, "I can't tell you to shut up, but if your legal counsel hasn't already given you the legal advice to shut up, then you need a new lawyer."

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    27. Re:Its unfortunate by raynet · · Score: 1

      Could he have open carried a gun then?

      --
      - Raynet --> .
    28. Re:Its unfortunate by winwar · · Score: 1

      "I think that it would probably help the majority of decent, competent cops to do their jobs if the bad ones (and their superiors) were fired and punished when they pulled this sort of crap, but whenever anybody calls for bad cops to be held accountable, police unions raise a stink."

      I'm sorry, but there is actually little or no evidence that the majority of cops are decent and competent or to put it another way, that most cops are "good". Because if they were, they would be held accountable. And this sort of thing wouldn't happen. Officers that say nothing, do nothing and otherwise support actions that are illegal or against policy are not good cops. They are bad cops by definition.

    29. Re:Its unfortunate by winwar · · Score: 1

      "If the "decent, competent cops" was anything more than a myth then they are extinct by now."

      Unfortunately while the corpse is rotting, the myth of the good cop continues to live on in the courtroom and in popular public opinion.

    30. Re:Its unfortunate by Anonymous Coward · · Score: 0

      I agree, but the Cop definitely had the drop on him.

    31. Re:Its unfortunate by b0bby · · Score: 1

      No. Handguns are tightly regulated in Maryland. You can transport an unloaded handgun in a secure case only if you are traveling to a recognized shooting competition, bonafide gun show, hunting exercise, or some other gun-related event. You can carry rifles or shotguns for any reason, but they need to be unloaded and secured in commercial cases or gun racks.

  3. Cop Killer by Anonymous Coward · · Score: 0

    I know your family's grievin'... FUCK 'em...

    Cop Killer... 'cause tonight... we... get... even...

  4. The problem is Maryland's two-party law by Valacosa · · Score: 2, Interesting

    If Maryland only required one party involved in a conversation to be aware for a recording to be legal, this bullshit charge would never fly. Such is the case in Canada, and the majority of US states.

    --
    "Live as if you'll die tomorrow." Ridiculous. You could die later today.
    1. Re:The problem is Maryland's two-party law by Sycraft-fu · · Score: 4, Interesting

      Yep, if you live in a two party state, you need to get on your representatives to change the law. The problem is just as this illustrates: EVERYONE involved in a conversation has to be informed and often to consent to the recording. If not, it is illegal. While obviously it is the easiest for the police to abuse this, normal citizens can too. You see a gang banger beating the crap out of someone, you covertly film it, his attorney presses to have you criminally charged. Or you have a boss who screams racial slurs at people your record that on a tape recorder and then the boss find out and has you charged.

      A one party system is a much better way to go. That means one person in a conversation , the person recording, has to be aware a recording is being made. Nobody else needs to be told. This means you can't just record anything, you can't sneak cameras in to your neighbour's house, but you can put them in your own. You can't place a tap on a random phone but you can record your own calls, and so on. You can record things you are involved in (such as having a camera on your person), property you own, etc.

      Do that, and then police, or anyone else, can't pull this shit.

    2. Re:The problem is Maryland's two-party law by QuantumG · · Score: 1

      Call me crazy, but I prefer the "I can record anything I want but the government needs a warrant".

      --
      How we know is more important than what we know.
    3. Re:The problem is Maryland's two-party law by clarkkent09 · · Score: 4, Insightful

      I like to know when I'm being recorded, thank you very much. The problem here is the ridiculous idea that a police officer in a public place has the same right to privacy as two people involved in a private telephone conversation.

      On a side note I can't figure out who is the biggest asshole involved in this: the motorcyclist himself for doing 127mph on a public road while weaving between cars and doing wheelies, the cop for briefly pulling a gun and immediately putting it back into the holster, or the Maryland State Police for going after the guy. I vote for the Maryland State Police, with the motorcyclist himself in close second and the cop in third place.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    4. Re:The problem is Maryland's two-party law by Ami+Ganguli · · Score: 1

      I don't have a strong opinion on the one/two-party law issue, but it doesn't appear to be much of a factor in this case anyway.

      The ACLU pdf says that, even in Maryland, you only need permission if there is an expectation of privacy, and the Attorney General gave a legal opinion previously that people who are passing an arrest that is being recorded by the police don't have an expectation of privacy.

      If an uninvolved passerby doesn't have an expectation of privacy, then it's hard to imagine how somebody directly involved in the incident has an expectation of privacy.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:The problem is Maryland's two-party law by totally+bogus+dude · · Score: 1

      I don't understand why it's okay to covertly film a gang banger beating the crap out of someone in a "one party system". Neither of the involved parties are aware they're being recorded. If the argument is that the person filming it is involved by virtue of the fact that they're filming it, then why aren't then they allowed to sneak a camera into your neighbour's house to record them? I mean, you're still aware that they're being recorded. I don't see how your lack of physical presence means anything, because in the former case (gang banger) nobody involved was aware of your presence then, either.

      Is it not that the one-party system prevents it, but because you need to break other laws (e.g. trespass) in order to do it?

      But I still don't see why it's okay to film people without their consent under one-party, but not under two-party, unless you're one of the involved parties.

    6. Re:The problem is Maryland's two-party law by gd2shoe · · Score: 4, Insightful

      Yep. You're crazy.

      You've forgotten about the law of unintended consequences. Do you really think it aught to be legal for anybody you've invited into your home to plant bugs or cameras? They're there lawfully, and you're proposing giving them the right to record without being party to the conversation. What about bed/bath rooms? What about corporate espionage? Messy divorces? Foreign agents?

      One party consent seems to be a sane minimum without a warrant. I understand the desire/need for two party consent laws, but they too have unintended consequences, and needs to be fine tuned (as this incident shows).

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    7. Re:The problem is Maryland's two-party law by Sycraft-fu · · Score: 1

      Basic logic. If you are filming or recording what you are seeing or hearing it is legal. Why? Because you are there, you are a party. For that matter if you and a good memory you could simply remember it and then document it later. With a one party system, you can record anyone that you are present for, and generally anything you own (like having cameras in your house).

      This is not hard to understand.

    8. Re:The problem is Maryland's two-party law by HeronBlademaster · · Score: 1

      But I still don't see why it's okay to film people without their consent under one-party, but not under two-party, unless you're one of the involved parties.

      Well, it's not okay under one-party rules. However, if the gang-banger is doing the beating in a public place, that changes things.

      If the gang-banger is doing the beating in his own house, then you have no right to film that, unless perhaps you can see it from a public place... like your own house's window... but then you're getting into "Peeping Tom" territory, I'm not sure what the laws are there.

      Of course, I fail to see why the law should care. If I can see a crime happen, then I'm allowed to report it (i.e. if I see the neighbor couple physically fighting, I can report a domestic disturbance); ideally it should never be illegal to submit a video recording of exactly what I saw (assuming I wasn't trespassing or something in order to see it). That would cover the gang-banger beatdown and the domestic abuse you can see through your neighbor's window...

    9. Re:The problem is Maryland's two-party law by totally+bogus+dude · · Score: 1

      Fair enough; though I don't think the basic logic extends very well to having cameras in your house. What if I park my car somewhere and leave a camera recording whatever's out the window, is that okay?

      If it is, then: a camera is something you own, so surely I'm entitled to record anything that's where the camera is?

      It also doesn't address things I can e.g. see from my house. Can I put a camera on a tree in a house that happens to have a good view of the neighbour's bathroom or bedroom or whatever?

    10. Re:The problem is Maryland's two-party law by JohnFluxx · · Score: 1

      And what if you were trespassing to see it?

      If you hear screams coming from the neighbours house, run up and see one person killing the other person, then record it, it seems crazy that that person could then sue you for that.

    11. Re:The problem is Maryland's two-party law by Sycraft-fu · · Score: 1

      If you are really interested, go read your state's law. That is what matters to you. It'll spell out what is and is not legal, and it varies a bit. If you are just trying to come up with increasingly tortured situation to try and make me logic around then knock it off, I've no interest. I'm not speaking about hypotheticals here, I'm speaking about real law. As with any law, you can go and look it up, see what it says. Also as with any law there are bound to be some gray areas. Human interaction is not neat and clean.

    12. Re:The problem is Maryland's two-party law by AGMW · · Score: 2, Informative

      I like to know when I'm being recorded, thank you very much. The problem here is the ridiculous idea that a police officer in a public place has the same right to privacy as two people involved in a private telephone conversation. On a side note I can't figure out who is the biggest asshole involved in this: the motorcyclist himself for doing 127mph on a public road while weaving between cars and doing wheelies, the cop for briefly pulling a gun and immediately putting it back into the holster, or the Maryland State Police for going after the guy. I vote for the Maryland State Police, with the motorcyclist himself in close second and the cop in third place.

      The motorcyclist did touch 127 earlier (before the first, marked, cop car) but he hit 86 (or so) after passing the plain-clothes car, which is presumably why they decided to pull him. Watching the video I don't really see anything he did as particularly dangerous, though there was obviously some excessive speed and popping the (well controlled) wheelie was perhaps a bit foolish. The "weaving" thru the traffic is called filtering in the UK and is legal, so I really have no problem with that - indeed he seemed to be doing a pretty stand-up job of it!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    13. Re:The problem is Maryland's two-party law by totally+bogus+dude · · Score: 2, Insightful

      Your previous posts suggested that the one-party system simplified everything, and then when I asked on corner cases (based entirely on things that you introduced to the discussion), you said it's all basic logic and "this is not hard to understand", as if I was an idiot for not being able to immediately grasp the world's simplest law and all its implications that come about through basic logic.

      Now you're saying it's just as complicated as any other law, and this suggests to me that the claim present in this thread's subject -- "The problem is Maryland's two-party law" -- is perhaps erroneous. Perhaps the problem is more that Maryland's officials seem to think that videotaping a police officer in a public place carrying out official duties is an infringement of privacy. I'm pretty sure even if they had a one-party law, they'd be able to find some other reason to throw the book at the accused.

      It certainly doesn't help to have laws prohibiting people from doing things they ought to be allowed to do; but with such a complicated legal system, it's almost guaranteed that in any given situation there's some law that could be used. There's no reason they had to prosecute this guy under wiretapping laws; they did it because they wanted to suppress criticism of the conduct of police officers. (I'm not entirely sure they've succeeded in that goal.)

      Or to put it more simply: if Maryland was a one-party state, would this guy still have been charged -- just with something else? I don't have access to any alternate realities myself, but I don't think it's a bold claim to suggest that they simply went after him with whatever they had available, and changing this particular law probably wouldn't have solved anything. The problem is more one of a culture of bullying and intimidation.

    14. Re:The problem is Maryland's two-party law by ultranova · · Score: 1

      If an uninvolved passerby doesn't have an expectation of privacy, then it's hard to imagine how somebody directly involved in the incident has an expectation of privacy.

      A random somebody might not have, but somebody wearing a uniform always does.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    15. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      As a motorcyclist, I'm sick of car drivers who think they've somehow been wronged by me filtering past them. I honestly believe car drivers should have to understand what motorcyclists are allowed to do legally, before they pass their tests.

    16. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      The government does this already without much evidence to support their op.
      I see no issue with extending this to all people and allowing 100% bugging of everyone including the bureaucrats

    17. Re:The problem is Maryland's two-party law by Weezul · · Score: 1

      In fact, the legal criteria is a reasonable expectation of privacy, which your neighbors have inside their own home, but not on the street. I'd expect the ACLU will win based upon those grounds, plus maybe some first amendment journalism point.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    18. Re:The problem is Maryland's two-party law by Weezul · · Score: 2, Insightful

      You don't have any right to know you are being recorded in a public place, witness the recent case Girls Gone Wild won. Maryland's law will be overturned eventually.

      Btw, you'll notice that many federal politicians live in Maryland. I'd imagine the original subtext behind this law was making it easier for politicians to accept bribes.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    19. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      Attitudes towards this differ across the state of Maryland. For example, in Saint Mary's County Md, a woman was recently arrested for videotaping police officers with her cell phone. The charges were dropped, and the county sheriff explicitly stated that in most cases citizens have the right the tape police.

      http://somd.com/news/headlines/2010/12066.shtml

    20. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      I'd like to know why:

      1) the video is muted for most of the playback. Gee, let me guess, he was being chased by another car with its sirens on?

      2) he only highlights his speed when he passes the plainclothes car..

      Clearly there is another cop that showed up *behind* the bike as well. You can see it in the video, at the end.

      Was this other cop chasing this bike, after a speed trap, for miles and miles?

      I'd say -- if you had a cop chasing someone that wasn't pulling over, you might want to become more aggressive. I'd also say, that someone that actively trying to escape, and only stops because the traffic in front of them is effectively blocking their escape, might be a risk to an officer's safety.

      I'm down with these cut and edited videos.

      Look at the idiotic video about the bubbles being blown by that girl in Toronto. (I use girl, because women don't tend to have such juvenile mentality)

      1) she was blowing bubbles into people's faces. According to the laws here, in Canada, you can easily be charged with assault, if you purposefully blow bubbles into someone's face (specifically, into their eyes -- yes, bubbles into your eyes hurts, sometimes a lot)

      2) the act was not one of peace, but one of aggression (purposefully annoying and baiting people is, yes, aggression)

      3) the video was specifically cut, to give the impression that she was arrested for the bubbles, which was NOT the case. She even stated so during interviews with the Toronto Star. She was arrested on another matter.

      Hell, it is easy to make cops look 'bad', when you omit facts, cut out video and sound, and provide inflammatory titles to videos. I can just imagine how bad protestors, or the public would look, if the state edited videos and provided evidence in the same way.

      Frankly, as far as I'm concerned, ANY attempt to provide anything but the facts, when advocating your position, is the lowest form of slimy scum sucking, disgusting act.

      Lastly, such videos -- videos that have missing sound, missing facts, and are targeted to make "the authorities" look bad, sorely hurt the videos that show TRUE injustice. All we need, is for people to become cavalier about such videos, because 'it's probably fake AGAIN'.

      Crimes against truth are bigger to me, than almost anything else. In my book, the person that edited the 'bubble + cop' video for youtube, should go to jail for 20 years.

      I don't know 100% about this video yet, but the muting of the audio, the title, and the fact that there is another cop behind the bike, makes me wonder what really happened.

    21. Re:The problem is Maryland's two-party law by Beezlebub33 · · Score: 2, Informative

      That's very much a jurisdiction-dependent issue. In California, it seems like it's commonplace and accepted. Here in Virginia it is not and will get you a ticket.

      --
      The more people I meet, the better I like my dog.
    22. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      All of your examples of unintended consequences involve trespassing on private property. I'd like to see it legal to record anything that's happening in public.

    23. Re:The problem is Maryland's two-party law by jewishbaconzombies · · Score: 1

      How does that work in places of businesses? Banks, grocery stores, gas stations - all places that police can make an appearance. I guess it's open season on those too. In this case, I'd like to see them serve the letter of the law. Seeing the director of BoA going to jail would be interesting - however unlikely. But we know that won't happen because they have money - and lawyers, and lobbyists putting dollars into powerful pockets.

      Little people can't afford justice. They can afford flaming cocktails tho. Arson is cheap when done en-masse, and it seems the state is sanctioning this with their provocations. You can't have a party without an invite - and they are putting out a massive overreaction of an invite.

    24. Re:The problem is Maryland's two-party law by Attila+Dimedici · · Score: 1

      Even in a "two party" state (at least all the one's I am familiar with, which includes Maryland). the law has an exception for situations where the party that does not give consent (is unaware of being recorded) has no expectation of privacy (such as in a restaurant, or on a public roadway). In Maryland they use that exception to justify video cameras in police cars, although for some reason not to civilians video recording a police officer. The MD Attorney General has on two separate occassions publicly supported both interpretations of the law (on one occassion defending video cameras in police cars, on another occassion defending prosecution of civilians who video record police officers on duty on a public road).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    25. Re:The problem is Maryland's two-party law by AndersOSU · · Score: 1

      In most states, it's already legal to record anything or anyone that you can see from from your property or a public vantage point, as long as the subject doesn't have a reasonable expectation of privacy. Basically this means if your neighbors leave their blinds on their bedroom picture window open, you're allowed to photograph them, but if you use a telescopic lens to get a peak through their Venetian blinds, they probably have cause for an action against you.

    26. Re:The problem is Maryland's two-party law by AndersOSU · · Score: 1

      FWIW, you generally have a right to photograph, but there's more than a little ambiguity in whether or not you have a right to record audio, hence this case.

    27. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      IANAL, and I'll carefully preface this with laws vary significantly from state to state and municipality to municipality, enforcement of even clear laws is sporadic in the fringe/grey areas noted below, and you should be clearly aware of the laws in the areas where you want to record. Taking legal advice from IANAL Anonymous Cowards on Internet sites is the epitome of stupid.

      In general, in my experience, one-party permission means that:

      1. If I can personally see/hear it without the aid of extraordinary devices or measures (parabolic microphones, penetrating walls with remote-control cameras, etc), and without otherwise breaking the law to see/hear it myself, I can record it. If I cannot see/hear it legally and personally with my own eyes and ears, I cannot give consent to the recording.

      1a. In some states, all parties need to be (a) aware of the fact that you are physically present (though you don't need to disclose that you are filming/recording, they need to know you are there) and/or (b) in a public place where the expectations of privacy are lessened.

      2. If I come on your property without permission and record something, or in some areas take extraordinary measures to see your property, I am guilty of trespassing. Since I can't (legally) see or hear it, I can't (legally) record it.

      3. If I leave a camera or tape recorder somewhere, I am no longer seeing what I am recording. Therefore, technically, there is no party present to consent to the recording while it's happening. My camera cannot provide that consent on my behalf - it has no legal rights. It's a camera. It's my property, not my person.

      However, in your example, leaving a video camera in a car assuming it's in a public place may be OK. There are few places with strong regulations against a private citizen filming or photographing a public space, though you'll want to check your local laws.

      4. If it's on your property, and you are filming ONLY your property or public spaces, you're probably OK (security cameras and the like). However, invited guests in your home probably have a certain level of privacy protection. Filming the bathroom or guest bedroom is perfectly legal when you are in there, but once you've left the room, any invited guests probably have a right to notification if you wish to continue filming.

      The sticky bits come in when you record something in someone else's private space (such as your treehouse example). Technically you are filming from your own private space, but staring into someone else's bathroom might run you afoul of "peeping Tom" laws in your state, and since you can't legally see it, you can't legally film it. If you are zoomed in enough that all you see is their bedroom, then it's pretty obvious you aren't "casually filming a larger area and accidentally captured Fred and Wilma bumping nasties". But this part of the law gets convoluted.

      Leaving a camera unattended pointing at someone else's private space is almost certainly out of bounds of most "one party consent" laws. You aren't present to give consent, and you haven't made the other party aware that you are watching them.

      But each state's laws are a series of convoluted compromises, mostly surrounding the "unattended camera in private spaces" and "invasion of private space from outside" issues.

    28. Re:The problem is Maryland's two-party law by Minwee · · Score: 1

      I honestly believe car drivers should have to understand what motorcyclists are allowed to do legally, before they pass their tests.

      Drivers and motorcyclists in the USA are required to pass a test? I had no idea.

      Every time I go there the roads are filled with evidence that they don't. Where's Robert Loggia when you need him?

    29. Re:The problem is Maryland's two-party law by Scrameustache · · Score: 1

      On a side note I can't figure out who is the biggest asshole involved in this: the motorcyclist himself for doing 127mph on a public road while weaving between cars and doing wheelies, the cop for briefly pulling a gun and immediately putting it back into the holster, or the Maryland State Police for going after the guy. I vote for the Maryland State Police, with the motorcyclist himself in close second and the cop in third place.

      I'm putting the biker in 4th place and you in third, for saying that waving a gun at someone for a traffic violation is worse than putting oneself in slight danger with a traffic violation. Wheelies on public roads aren't safe, but they're completely unlike waving guns at people.

      --

      You can't take the sky from me...

    30. Re:The problem is Maryland's two-party law by cynyr · · Score: 1

      the motorcyclist has never contested the speeding or the reckless charges, simply the home invasion and detention for 26 hours and now the on going suit with a max jail time of 16 years.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    31. Re:The problem is Maryland's two-party law by Attila+Dimedici · · Score: 1

      You see a gang banger beating the crap out of someone, you covertly film it, his attorney presses to have you criminally charged.

      All of these laws that I know of have an exception that does not require permission (or even informing) to record someone committing a criminal act, or an act performed where the person has no reasonable expectation of privacy.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    32. Re:The problem is Maryland's two-party law by Attila+Dimedici · · Score: 1

      That same AG recently gave an opinion supporting the cops in this case (and other cases involving on duty police officers). I have no idea how he thinks you can possibly think that a random stranger passing a traffic stop has no reasonable expectation of privacy, yet the police officer actually conducting the traffic stop does.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    33. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      And you're an idiot who doesn't understand what he's talking about.

      You can't put bugs in the persons house that you're visiting, as once you're not a part of whatever conversation that the bug is picking up, you're no longer one of the parties.
      If you wore a wire on your person, however, that would be fine as it would "only" record conversations you were privy to.

    34. Re:The problem is Maryland's two-party law by zildgulf · · Score: 1

      What???? I live in a one party consent state where if one party consents to be recorded it is legal only if the other party's are aware or notified if and only if there is a expectation of privacy.

      This law doesn't specifically address public venues because what is done in public cannot be considered private and falls into a different realm.

    35. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      I vote for the Maryland State Police, with the motorcyclist himself in close second and the cop in third place.

      I put the cop first. If that had been me, on my bike (in Texas), and some random guy gets out of a car next to me (gun or not), I would have drawn on him, and knowing a cop's reaction to that, he would've gotten shot and killed. I've known several people (my dad included) that've been carjacked, so I don't screw around, especially on my bike where I'm totally exposed. That's why you don't come out of your car, in plain clothes with no badge, with a gun in your hand like an idiot. That was one of the most insanely idiotic things I've ever seen.

    36. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      California is also a two party state, but look at all the issues with paparazzi, and how they are able to do that is that they are recording in public where there is no expectation of privacy. the news media also, how would the news media be able to do live broadcasts in public areas? in california, during a traffic stop, cops are allowed to record audio of interaction with people being detained for traffic stops on the premise that there should be no expectation of privacy in public. they even can record people talking in the back of their patrol car, even if they are not present, as conversations in a police car have been ruled to be public. example cops put a guy and his buddy in the back of his car, turn the recorder on, walk away on the hopes that they reveal something to each other while alone in the car. of course i have never heard of california police charging privacy laws violations for recording them. there have been incidents in the past where they took cameras, tapes, and deleted video, and arrested the recorder, claiming interference in a police investigation, the material was evidence, etc. in more recent years though it is much rarer for the police to take action against someone recording them, unless of course they are truly interfering.

    37. Re:The problem is Maryland's two-party law by yyxx · · Score: 1

      What about bed/bath rooms? What about corporate espionage? Messy divorces? Foreign agents?

      Those issues can (and are) legally addressed without requiring one party consent.

      It's really pretty simple: where there is no expectation of privacy, you should be able to record without restrictions. Where there is an expectation of privacy, there are limits.

      There is a second set of laws that determine what you can do with those recordings, It's this second set of laws that makes strong restrictions on the recording itself less important.

    38. Re:The problem is Maryland's two-party law by gd2shoe · · Score: 1

      QuantumG proposed a zero-consent law and said "anything". If you're addressing something specific in my post, it's not obvious.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    39. Re:The problem is Maryland's two-party law by gd2shoe · · Score: 1

      An interesting argument. I'd just as soon make recording with zero consent illegal. It acts as an additional deterrence and sometimes prevents the exploitation. There do need to be reasonable exceptions for the press, etc (in public at least).

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    40. Re:The problem is Maryland's two-party law by snowgirl · · Score: 1

      Two-party consent is not the problem here. The police misinterpretation of the law is the problem.

      Two-party consent can be met by implicit grant of consent. i.e. you're aware that you're being recorded (IMs are automatically covered, because nearly ever IM program automatically records conversations; recording machines are automatically covered, because you had to grant consent to leave a message; and the last big one, is that openly visible and apparent recording is deemed to be a clear statement of recording, and thus anyone being recorded has clear knowledge that they are being recorded)

      The police's argument fails on a number of points. a) Police operating in their official capacity do not have an expectation of privacy, because those whom they interact with do not have this expectation of privacy. Thus, consent is implied. b) The recording in question was taken with a GoPro helmet mounted camera, thus the recording device was clear and obvious.

      The reason the police got as far as they did, is because none of the acts that they took required opposition in court. The police were allowed to make any and all claims that they felt were relevant in the acquisition of the warrants. No one was around to even suggest to the judge that the alleged wiretapping incident was entirely legitimate.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    41. Re:The problem is Maryland's two-party law by yyxx · · Score: 1

      I'd just as soon make recording with zero consent illegal.

      So if I record my kids at Disneyland and you walk into my frame while chatting with your girlfriend, I have committed an illegal act? Sorry, that's very bad.

      There do need to be reasonable exceptions for the press, etc (in public at least).

      Many news videos these days come from the public. So, what do you want? Only government-licensed "members of the press" are permitted to record? Again, bad idea.

      The current set of US laws is fine. Further restrictions on recording are anti-democratic and anti-freedom.

    42. Re:The problem is Maryland's two-party law by AGMW · · Score: 1

      As a motorcyclist, I'm sick of car drivers who think they've somehow been wronged by me filtering past them. I honestly believe car drivers should have to understand what motorcyclists are allowed to do legally, before they pass their tests.

      I try very hard to keep an eye on where the motorcyclists are and try to move over to let them pass whenever I can.
      My thoughts on the subject are that every motorcyclist is one less bozo in a car blocking up the roads, so I'm all for it!

      If I get a wave for making (more) room, all the better though I suspect the act of moving over is not acknowledged so much because of the extra room but because it's a reasonable indicator that I know you're there!

      That said, I'm not sure I'd feel safe about filtering if I was on a bike 'cos the No. of drivers who would appear to have no idea I'm behind 'em in a car is scary - if yer on a bike and pressing on you've got to assume the drivers don't know you're there and ride accordingly!

      The secret, for all you car drivers out there, is to use your mirrors, and use them a lot. Also, being in a convertible helps because you often hear the bikes coming!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    43. Re:The problem is Maryland's two-party law by gd2shoe · · Score: 1
      You bring up more good points, but do note that recording laws are state-by-state and vary wildly. There is no "current set of US laws", as such.

      Many news videos these days come from the public.

      So do the tabloids. They too claim freedom of the press, but give nothing of value to society.

      So, what do you want? Only government-licensed "members of the press" are permitted to record? Again, bad idea.

      No. That's directly contrary to my interpretation of freedom of the press. Anybody who could financially afford to publish was the press then, and should be now. When I said there would need to be reasonable exceptions for the press, this is the context I was working from. Sorry for the confusion.

      So if I record my kids at Disneyland and you walk into my frame while chatting with your girlfriend, I have committed an illegal act? Sorry, that's very bad.

      That would be a bad idea (and presumably is somewhere). On the other hand, if I'm sitting at an outdoor restaurant at Disneyland, and you zoom the camera in on us and pull out the parabolic mic, I'd say you crossed the line. Intent, obviousness, any forewarning, and the seriousness of a situation should all be taken into consideration. Unfortunately that makes crafting a good law difficult, and may make it ambiguous or hard to remember.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    44. Re:The problem is Maryland's two-party law by randyleepublic · · Score: 0

      Another abstract thinking challenged individual. The cop waved his gun while he was still in his car, before pulling dude over, and before identifying himself as a cop. Dude should have shot the cop then and there. The cop's actions are far more reprehensible than the motorcyclist's. The gun pulling you are talking about was the 2nd time.

      --
      Social Credit would solve everything...
    45. Re:The problem is Maryland's two-party law by Anonymous Coward · · Score: 0

      Just because you are recording a conversation does not make you a party to that conversation. You must be one of the actual parties involved. Even in one-party law, if you record an officer on a traffic stop that you are not involved in, you are a non-party to that conversation and risk arrest unless your state also affirms your right to record in public (which the police often seem to rebuke as a non-right). Switching to a one-party system will not solve the problem of police abuse of some imagined privacy while on duty in public. What you want is a law mandating public performance of a government appointed officer or official is not subject to privacy laws. Good luck getting that through.

  5. USA - Police State by lena_10326 · · Score: 1, Insightful

    It's growing more and more apparent every day. It's a shame that when we start doing something about it we'll be completely unarmed, defenseless, and powerless.

    --
    Camping on quad since 1996.
    1. Re:USA - Police State by GWRedDragon · · Score: 1

      It's not the US that's the police state, it's Maryland in particular. Along with a small handful of other states too of course, such as New Jersey.

    2. Re:USA - Police State by DNS-and-BIND · · Score: 5, Insightful

      Oh, bullshit. I'm sure it's exhilarating to push the +1 Insightful moderation, but I live in an actual police state. If I went to city hall with a group of people waving signs, we'd have the People's Armed Police up in our grill faster than you can say "Jiminy Cricket". I just cringe when Americans make idiot statements like yours.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:USA - Police State by evilviper · · Score: 1, Informative

      I live in an actual police state. If I went to city hall with a group of people waving signs, we'd have the People's Armed Police up in our grill faster than you can say "Jiminy Cricket".

      Peaceful protesters in the US are routinely hit with tear-gas, clubbed by the police, tazed, shot in the face with rubber bullets, etc.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:USA - Police State by lena_10326 · · Score: 1

      Oh, bullshit. I'm sure it's exhilarating to push the +1 Insightful moderation, but I live in an actual police state. If I went to city hall with a group of people waving signs, we'd have the People's Armed Police up in our grill faster than you can say "Jiminy Cricket". I just cringe when Americans make idiot statements like yours.

      You mean.. like this?

      http://www.commondreams.org/headlines03/0407-06.htm http://brainz.org/30-cases-extreme-police-brutality-and-blatant-misconduct/ http://www.youtube.com/watch?v=pbfA5q0QaNI http://www.youtube.com/watch?v=vwN-t3A_044 http://www.youtube.com/watch?v=mxRcvHqbIZc http://www.youtube.com/watch?v=SkBdOaR871o http://www.youtube.com/watch?v=1vW36qt1SbE http://www.youtube.com/watch?v=yeYg0qCn11U http://www.youtube.com/watch?v=rwkVMT6m7zg

      The list goes on and on and on and I don't have all damned night to educate you (assuming you're capable of learning). Maybe next time you should keep your ignorant mouth shut. When it comes to America have no clue what you're talking about.

      --
      Camping on quad since 1996.
    5. Re:USA - Police State by Anonymous Coward · · Score: 0

      I just cringe when Americans make idiot statements like yours.

      At least on Slashdot, comments like these aren't usually made by Americans, but by outsiders. It sounds as ignorant as claiming that a new Denmark law reflects poorly on the EU. When will they get through their skulls the vast divide between U.S. state and federal laws?

    6. Re:USA - Police State by Anonymous Coward · · Score: 0

      Yes. The fact that you live in a police-state makes it impossible for other nations to move towards being police-states. What an excellent observation. We can all just sit down, lean back and chillax now.

      Thanks.

    7. Re:USA - Police State by Digital+Vomit · · Score: 1

      And the switch to a police state just happened overnight, right?

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    8. Re:USA - Police State by WNight · · Score: 1

      It's not the US that's the police state in this one particular way.

    9. Re:USA - Police State by Anonymous Coward · · Score: 1, Interesting

      And somehow, in California alone, hundreds more protests occur a year without complication. The problem with relying on media reports instead of real-life experience is that you lose all perspective, and start to believe that such events are a regular occurrence and something a demonstrator has to be concerned over. You could spend all day driving around a CA city and not find one witness to police oppression against public protests in the last 30 years.

      IOW, you're proven susceptible to the same reactionary fear that nightly TV-news watchers are: you ignore everything positive because the negative is easier to find or to focus on. You become afraid that every neighborhood has a paedophile and that you carry a risk of being randomly murdered. In this case, you are shut indoors and believe local police commit terrible atrocities on a daily basis. How sad you are.

    10. Re:USA - Police State by Manip · · Score: 1

      I live in the UK, we need a licence to peaceful protest here or else we will get arrested. Also as soon as the police define something as a riot (which they can define any protest as) they can more or less do what they want to you, including hitting you, trapping you, using gas or spray, water cannons, you name it. Go look on YouTube for video of UK riots and the police's response.

      I think the difference between a police state and the Western world is getting closer and closer to only being PR. We love to sing about how free we are, but the truth is we are less and less free daily.

    11. Re:USA - Police State by GWRedDragon · · Score: 1

      It's not the US that's the police state in this one particular way.

      I'm certainly not going to argue that the federal government isn't heavyhanded from time to time with civil rights. However, on a day to day basis our lives are still affected much more by state criminal law than federal criminal law. Corruption and suppression of basic rights at the state and local level does a lot more damage than, say, the war on terror. It's just not discussed as much because it doesn't make for as good sensationalist headlines.

    12. Re:USA - Police State by DNS-and-BIND · · Score: 1

      You know, one of Mao's favorite strategems was to take a reasonable argument, present it to the existing government, and then have his agitators provoke a police response. The ensuing response would be used as "evidence".

      When you comes to police states, you have no clue what you're talking about. Get out of your tiny thought bubble and try living in one for a while.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    13. Re:USA - Police State by Dhalka226 · · Score: 5, Insightful

      Routinely, eh? Then surely you can provide a citation delving into what percentage of protests end in police intervention more than a simple arrest of a person or persons acting in a clearly illegal manner? How many times tear gas has been fired at protesters in, say, the last decade? How many times rubber bullets were fired?

      There's an awful lot of paperwork involved with such things, so surely you must have this information since you're comfortable characterizing its frequency.

      Or you're making something that happens rarely sound, ahem, "routine" in order to bolster a silly claim?

      Eagerly waiting to find out which. So suspenseful!

    14. Re:USA - Police State by Anonymous Coward · · Score: 0

      I live in an actual police state. If I went to city hall with a group of people waving signs, we'd have the People's Armed Police up in our grill faster than you can say "Jiminy Cricket".

      Peaceful protesters in the US are routinely hit with tear-gas, clubbed by the police, tazed, shot in the face with rubber bullets, etc.

      Fortunately, that is still the exception by a long shot. Let's work to keep it that way.

    15. Re:USA - Police State by Anonymous Coward · · Score: 0

      WTF? So, arresting someone, busting their home and prosecuting him going for a 16 year prison term for videotaping a police officer pulling a gun on an unarmed civilian isn't signs of a police state - or even just downright fascism, because you live in an unrelated country where you'd get busted for committing an unrelated "offence"?

      I also would like to hear the reasoning of the people modding this glaring non sequitur "Insightful"...

    16. Re:USA - Police State by abigsmurf · · Score: 1

      No they are not

      You get a handful of incidents that get reported where it was debatable if the force by the police was reasonable or not.

      This in a country of 300million. A country with such open attitudes to protest that the Westboro church are freely allowed to protest (there are very few civilised countries that would allow that).

    17. Re:USA - Police State by Anubis+IV · · Score: 2, Interesting

      Precisely. I won't deny that it does happen, but there's nothing routine about it in the least, and it's rarely at protests that are peaceful in actuality. It maybe makes the news once or twice a year, if even that, and it's newsworthy because it's so far outside the norm. Meanwhile, there are thousands upon thousands of peaceful protests every year that do not have these sorts of things happening at them. I've been to protests. I know folks who've been to more protests. I even know some folks that were jailed for misbehaving at protests. But I don't have firsthand knowledge of a single protest that involved tear gas, clubbing, tazing, or rubber bullets.

    18. Re:USA - Police State by abigsmurf · · Score: 1

      30 incidents over a 5 year period? Presented by a site that gives an entirely one sided view on each incident? Well I'm convinced!

      As for the youtube vids. The critical mass cyclist one was valid and the officer punished (probably why you felt you needed to post it twice). Other than that, it's funny how these videos always seem to miss out the incident behind the arrests and just cut straight into the arrest.

      But anyway, there are thousands, if not 10,000s of protests in the US each year and the vast vast majority of them are allowed to be carried out without any notable incidents involving police.

      Police states do not have thousands of protests.

    19. Re:USA - Police State by HBoar · · Score: 1

      I do agree with you; However, many Americans do still seem to think they live in one of the (if not THE) "free-est" countries in the world, which is just as ridiculous. The USA does seem like a pretty authoritarian place compared to many countries.

    20. Re:USA - Police State by kangsterizer · · Score: 1

      That is a rather non-insightful and pretty poor statement actually. The idiot certainly isn't the one you think of.
      How do you think a police state appears exactly? It was defined when earth was created and it's just like that maybe?

      Next thing you know, because some countries government murder population, anyone having someone close murdered and complaining would be an American idiot I suppose. Oh wait, was that too strong? Heck, some may even agree that murder is ok for speeding, some certainly did in the past.

      No one seems to read history books anymore -

    21. Re:USA - Police State by Anonymous Coward · · Score: 0

      When will they get through their skulls the vast divide between U.S. state and federal laws?

      When you stop claiming to be a single country.

    22. Re:USA - Police State by lattyware · · Score: 1

      Thankfully the new government intends to change that. Read up on the Great Repeal Act.

      --
      -- Lattyware (www.lattyware.co.uk)
    23. Re:USA - Police State by dkleinsc · · Score: 2, Funny

      They're really very similar. In the US, you can go up to President Obama and say "I hate President Obama" without legal retaliation. In China, you can go up to Hu Jintao and say "I hate President Obama" without legal retaliation.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    24. Re:USA - Police State by couchslug · · Score: 1

      "It's a shame that when we start doing something about it we'll be completely unarmed, defenseless, and powerless."

      Who's "we" Kemosabe? Join the NRA (even some Kos folks figured out why we have the Second Amendment!), be politically active, and study war in case you ever need to wage it. There can't be enough police and military to control a country this large (hint, many times larger than A-stan) against determined resistance.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    25. Re:USA - Police State by Beezlebub33 · · Score: 1

      The U.S. of A. is a single country, but it's a federal republic. The majority of laws are at the state level, not the federal level. The federal government tries to influence the state laws, but can't make them do much. For example, speed limits are set locally but the federal government tries to affect them by withholding federal road money if you don't do what they want. Drug laws are the same way, with the federal government trying to make places like California have certain policies. There's actually a continual battle about what things the federal govt can do versus what the states are allowed to do.

      --
      The more people I meet, the better I like my dog.
    26. Re:USA - Police State by Anonymous Coward · · Score: 0

      No, they're not. I've been to and seen many peaceful protests; especially lately with the BP spill. Peaceful protesters don't get hit with that stuff at all. When rioters show up, the tear gas comes out sometimes and unlike Iran our police don't just run up to a random group of people are start clubbing them or tazing them for being in the area. Accidents HAVE happened, but its most definitely not routine.

      Stop being so melodramatic, emo-kid.

    27. Re:USA - Police State by 2obvious4u · · Score: 1, Informative

      Not only will I give you a citation, I'll one up the original posters assertion. He mentions rubber bullets and tear gas, the citation I'll give you the government shot and killed the protesters.

    28. Re:USA - Police State by quatin · · Score: 2, Insightful

      But you can't go up to Dick Cheney and say "Fuck you, Mr. Cheney"

    29. Re:USA - Police State by NiteShaed · · Score: 3, Insightful

      and if this is what happens routinely why did you have to reach back 40 years? Nobody is arguing that this kind of thing never happens, the point is that it's rare. By going to the Kent State shootings, you're supporting Dhalka's assertion, since otherwise you'd have a list of similar incidents from the past year or so.....

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    30. Re:USA - Police State by Anonymous Coward · · Score: 0

      http://www.2600.com/rnc2004/
      I'm not really up on this sort of thing when it comes to America, but this is one that sticks out in my mind.

      Also your attitude is fucking obnoxious. Grow up.

    31. Re:USA - Police State by hypergreatthing · · Score: 1

      1 time is way too many times for it to happen.

      http://www.cnn.com/2004/US/10/22/fan.death/index.html

      2004, no riots but police decided to up the stakes, someone innocent got killed.

    32. Re:USA - Police State by Anonymous Coward · · Score: 0

      http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6848176.ece

      That's just the biggest incident I could think of in the last year... then again I remember reading the reports and watching the video thinking it was some little tin pot dictator state - then I found out it was pittsburgh....

    33. Re:USA - Police State by GodfatherofSoul · · Score: 1

      Oh, there are police states in the US. Depends on what neighborhood you live in.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    34. Re:USA - Police State by Anonymous Coward · · Score: 0

      You may be correct.

      However, you still sound like a colossal douchebag.

    35. Re:USA - Police State by Anonymous Coward · · Score: 0

      Really? Examples like the G8 Summit in Pittsburgh or the G20 Summit in Toronto (granted, that's Canada, but a lot of those cops were American) aren't enough for you? There are too many stories of people being summarily beaten and basically encircled by police before being arrested for 'not moving' and other bogus charges. They rounded up patrons of bars, employees of restaurants, journalists, peaceful protesters, and anyone else they decided they didn't like. The only 'protestors' who committed actual crimes - the so-called anarchists (cops in disguise) - were pretty much left to torch cop cars at will (the windows were even conveniently rolled down for them).

      Most people were sent to a movie studio turned internment camp, held to literally the last few minutes before their detention would be illegal without charges, and then released (often without shoes, car/house keys, cellphones, pocket money, etc.)

      Then the Toronto PD brought out 'weapons' they confiscated from protesters, which coincidentally happened to include chainmail and faux weapons they took from some LARPer on his way to his game, completely unrelated to the protests at all. The Toronto Police Chief also admitted to lying about the powers police had been granted temporarily, failing to instruct his officers that people outside of the 'green' zone were not to be subjected to random stops, interrogations, and searches.

      But yeah, you're right, calling it a police state would be idiotic.

    36. Re:USA - Police State by alexo · · Score: 1

      Oh, bullshit. I'm sure it's exhilarating to push the +1 Insightful moderation, but I live in an actual police state.

      Things are not black and white, there are different shades of grey in between.

      So you live in a worse state, I sympathize.
      But the fact is that the western democracies try to move as close to the trappings as a police state as they can manage.
      It is not the same scale as in totalitarian regimes but it is still wrong and should be fought against.

    37. Re:USA - Police State by Anonymous Coward · · Score: 0

      The major problem seems to be large protests. Pretty much all large protests seem to go this way in the US recently, because the police tar everyone with the same brush. If one act of vandalism is perpetrated (sometimes by people who are later seem to be pretty tight with the police) anywhere in the city, the police will then sweep in and start attacking the crowd. Instructions given by the to a small part of the crowd within hearing range will be treated by the police as if everyone in the whole city heard them. People on the street who have nothing to do with the protest and are just trying to get home or go to a restaurant for a bite to eat will be violently beaten and arrested for "resisting arrest" by the police who will subsequently explain how the fact that the police kicked this person repeatedly in the face while they were lying handcuffed on the ground is the fault of the protestors. Police will violently herd thousands of people in one direction while another group of police do the same from a different direction, crushing the two groups together with nowhere to go.
      God help the confused elderly or mentally disabled trying to walk around during this sort of thing. The police will take lack of comprehension in anyone as failure to obey the lawful orders of an officer and as free license to stomp all over that person.

    38. Re:USA - Police State by Anonymous Coward · · Score: 0

      Peaceful protesters in the US are routinely hit with tear-gas, clubbed by the police, tazed, shot in the face with rubber bullets, etc.

      I grew up in DC & still live in the suburbs. There are peaceful protests here *all the time*, and those kinds of things are really pretty uncommon. I have been at protest concerts on the mall, with lots of mounted & undercover cops, with activists throwing joints from the stage, and nothing untoward happened. Maybe in places where the cops are less experienced, and certainly with some of the G7 type protests (where there is often a non-peaceful contingent among the protesters) there have been abuses, but in general I think your statement is an exaggeration.

    39. Re:USA - Police State by bill_mcgonigle · · Score: 1

      Join the NRA

      The NRA should be dead to anybody who values rights after their support of the DISCLOSE Act. GOA would be a better option.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    40. Re:USA - Police State by Anonymous Coward · · Score: 0

      You were not at the WTO riots in Seattle where you? I was, and it wasn't the protesters that started the riots. Fucking cops pulled out all the stops, tear gas, false flag attacks, rubber bullets, beatings, arrests of peaceful protesters, the list goes on and on.

    41. Re:USA - Police State by david_thornley · · Score: 2, Informative

      I remember that well. A large number, probably a majority, of Slashdotters won't remember it for the very simple reason that they hadn't been born yet. (That is a clue to its relevance.)

      At the time, it was clearly recognized as a situation gone very wrong, with attitudes in general regarding it as something between a horrible screw-up and an atrocity (with the usual caveats for those who think people deserve to be shot because they apparently chose to be in the bullet's trajectory). There was a great deal of discussion over what went wrong and how to make it not happen again.

      So, do you have any reference to such a thing happening after, say, Altair released their first home computer?

      If you want to convince me that something is routine, find an example that isn't forty years old, and wasn't decried at the time.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    42. Re:USA - Police State by WNight · · Score: 1

      You're drawing arbitrary distinctions between federal and state, as if any of it matters to the people on the ground.

      Also, the federal weapons from those wars, like the War on Drugs, the War on Poverty, and the War on Afghanistan, are trickling down to the "state" level. You're liable to wake up to your door being kicked down by highly militarized local police.

    43. Re:USA - Police State by 2obvious4u · · Score: 1

      How about the entire war on drugs? Those are innocent civilians that are constantly being brutalized and jailed.

    44. Re:USA - Police State by Anonymous Coward · · Score: 0

      Try to tell an American cop to go fuck himself and see where that lands you. You'll be bleeding in jail from that legal retaliation.

  6. Streissand Effect by ILuvRamen · · Score: 3, Insightful

    When is anyone anywhere going to learn about the Streissand Effect? This would only even be slightly more idiotic or ironic if in they video, they're pulling over Barbara Streissand herself. Now millions of people and probably CNN if it's a slow news day will pick up this story and know what a bunch of assholes these morons are and there will be resignations and law suits and blah blah blah just because of a few arrogant jackasses trying to use scare tactics. Well, at least the good news is they're all going to get what they deserve.
    Btw, since they're probably not above suing over comments about this story also, SUBPEONA THIS! *flips off the screen*
    Lol, just try and take me to court to make me prove you're all jackasses as stated (and make it a jury trial.)

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
    1. Re:Streissand Effect by OverlordQ · · Score: 1

      When is anyone anywhere going to learn about the Streissand Effect? This would only even be slightly more idiotic or ironic if in they video, they're pulling over Barbara Streissand herself. Now millions of people and probably CNN if it's a slow news day will pick up this story

      It's been a story ever since it happened back in June.

      --
      Your hair look like poop, Bob! - Wanker.
    2. Re:Streissand Effect by sumdumass · · Score: 1

      Really? What will the Streisand effect state to the people? That two kids have been arrested and are facing 16 years in the "pound me in the ass" real prison for video taping some cops? I mean the only reason this story has legs is not because they attempted to get the video pulled, but because some teen is being represented by the ACLU in which he could face 16 years in prison for making the video in the first place.

      No one is going to resign, if anything, they will be patting themselves on their own backs saying I bet no one will attempt to video tape us now because they don't want the long and costly court battle or the possible 16 years of their life tossed down the drain.

    3. Re:Streissand Effect by Scrameustache · · Score: 1

      there will be resignations and law suits

      There will be paid vacations and lawsuits. Oh, sorry, "a leave of duty" with pay. Because a week off work with full pay is really punishment enough for cops who murder people, it ought to be enough for cops who just threaten people.

      --

      You can't take the sky from me...

    4. Re:Streissand Effect by bill_mcgonigle · · Score: 1

      16 years in the "pound me in the ass" real prison

      The popular parlance is now "rape cages".

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:Streissand Effect by rovolo · · Score: 1

      For every story like this which gets national attention, there are many many incidents which go by unnoticed.

  7. Lose lose situation by Stiletto · · Score: 5, Insightful

    We're all one traffic stop away from total financial ruin and potentially jail. If it's not for something illegal today, it'll be for something illegal tomorrow, or simply something the police think might be possibly illegal.

    Whether he's found guilty or not, his life is basically over.

    If he's lucky, the ordeal will cost him thousands (maybe tens of thousands) when it's all said and done, and he wont get any of his stuff back. He'll have an impossible time getting a job, a loan, a security clearance, etc. with an arrest in his background. Many (most?) employers now ask if you've merely been arrested, regardless of whether you were charged or found guilty, so he'll be making minimum wage at best.

    If he's unlucky, he'll have a bunch of jack-booted "law and order" Americans on his jury who side with the police by default and just want to see more people put in jail.

    1. Re:Lose lose situation by sqrt(2) · · Score: 5, Insightful

      That's why I hope he wins his case, and then turns around and sues the state and Police Department for millions.

      Being "tough on crime" is a joke in an age where nearly everyone, everywhere in our country is guilty of SOMETHING that could land them in prison. There is something fundamentally wrong with our legal system. It no longer seeks justice, it seeks to create more criminals because criminals are now a product that the state can sell to industrialists who build and maintain prisons. You make more criminals by making more behavior criminal, and forcing segments of the population toward criminal behavior - our inner cities are crime factories, and that's exactly what the state wants because if the prisons are empty, then more won't be built.

      --
      If you build it, nerds will come. Soylentnews.org
    2. Re:Lose lose situation by clarkkent09 · · Score: 4, Insightful

      If it's not for something illegal today, it'll be for something illegal tomorrow, or simply something the police think might be possibly illegal.

      I think it's clear that riding a motorcycle at 127mph in traffic while doing wheelies is pretty fucking illegal. What the police department did about the recording is very wrong but that's a separate issue. The initial traffic stop was completely justified and the guy should lose his license if not worse. Don't make him into some kind of innocent victim.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    3. Re:Lose lose situation by flimflammer · · Score: 5, Insightful

      As far as I'm concerned, he is a victim. He may have broken the law but that doesn't justify 16 years in prison or anything related to the video taping. Just because you break the law in some fashion does not mean you're free to have anything done to you. He should be fined, lose his license, or something related to his crime. All this wiretapping bullshit is getting a bit ridiculous.

    4. Re:Lose lose situation by TheTurtlesMoves · · Score: 4, Interesting

      Many (most?) employers now ask if you've merely been arrested...

      In all the countries i live in, you can answer no to such a question regardless (its also illegal to ask it in the first place). Only the police have the information and its not public and it will not be on your criminal record.

      Ironically having a record in the countries i live is also not such a death warrant for jobs either. Generally people are prepared to believe you turned over a new leaf--even if its just about a book of new leafs.

      But its not all peaches and sunshine. In particular if it goes to trial, that is a matter of public record. One guy got news headlines that he knocked up a little girl and was a dirty pedo, with a "unrelated" picture next to his mug shot of 5year old girl playing in a new playground on the front page. He was fully acquitted since the girl in question was 15 and he meet her in a bar (drinking age back then was 20) and she acted 20 claiming to have a office job etc. The Judge/jury said there was no way the defendant could have reasonably expected that she was underage.

      It didn't matter. In the end the fully acquitted and innocent guy had to change his name and move countries.

      So I do agree. There is a very real social cost with an arrest, one that cops generally don't pay. And they wonder why so many of us don't respect the uniform.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    5. Re:Lose lose situation by FrameRotBlues · · Score: 5, Insightful
      My car is governed at 128, and I've previously been stopped for doing 94 in a 55. I received a hefty ticket and I paid it. The police did not get an arrest warrant, search my house, or seize my computers.

      What the police department did about the recording is very wrong but that's a separate issue.

      And that "separate issue" would be the issue at hand. The defendant has everything coming to him regarding speeding and/or reckless driving citations, but that's not why the ACLU is representing him, nor why he's facing 16 years in jail. In that respect, IMHO he is an innocent victim.

    6. Re:Lose lose situation by Anonymous Coward · · Score: 0

      You sound pretty "irrational" about this.

    7. Re:Lose lose situation by Sycraft-fu · · Score: 1

      Sorry but I'm not buying your mellow dramatic bullshit. In part because I know people who've been arrested and then gone on with their lives. Hell I know people who have gone to jail (remember jail is different than prison) and then gone on with their lives. Then let's go to your specific points:

      1) Cost. Ummmm, no. The ACLU is representing him. They do pro-bono work. Also, in any criminal prosecution you are entitled to a public defender (or the state has to retain a private firm if the PD's office is swamped as happens some times). You needn't spend money on your defense. People choose to because you can secure better representation, but it is not necessary.

      2) Job. Where I live, they can't ask about arrest records. They can ask about felony convictions in the last 7 years and that's all. While that varies state by state I have a hard time believing there's one where they check your arrest records simply because it isn't public information. Just because you "heard it on the internet" doesn't make it so. Check your local laws.

      3) Loan. How do you figure? Nowhere, on any loan app, have I seen anything relating to criminal history. They are interested in one thing only: Credit risk. For that they want to know how much you make, how much you owe, what your FICO score is and so on. They aren't concerned with anything but if you are likely to repay the obligation.

      4) Security clearance. Not even close. The SSBI has only one focus (as the name implies) and that is would you be likely to betray secret information if given access to it? An arrest for something would not disqualify you. They'd look in to it, of course, and depending on the circumstances it could, but only if they felt it could be used as leverage or indicated some bad judgment. It is just like they don't care if you are gay, they care if you care. If you are gay and open, no problem, no issue. If you are in the closet, well that's a problem as someone could use it as leverage over you.

      So please, cut the fucking shit. I get tired of this "Oh they can ruin anyone's life!!!!1111one" No. People get arrested, they get released, life goes on. If he's convicted, then yes he's fucked because he'll go to prison for an extended term and few come out of that ok. However an arrest? Not even close. He can have a normal life after that.

    8. Re:Lose lose situation by Great+Big+Bird · · Score: 1

      Where does it say '127 mph'? It would explain why he was pulled over (which looked reasonable), but I didn't see anything indicating speed (fish eye lens isn't a good indicator to me).

    9. Re:Lose lose situation by nedlohs · · Score: 3, Insightful

      I realize this is hard, but let me try and explain.

      The traffic offense is completely irrelevant to the discussion. He isn't being charged and tried with doing wheelies and speeding. He is being tried and charged with violating wiretap laws.

      It doesn't matter if he speeds, it doesn't matter if he does wheelies, if doesn't matter if he steals candy from the super market, it doesn't matter if he gambles on the internet. What matters is what he has been charged with.

      This should be pretty fucking obvious.

      As should that what is being referred to in what you quote is the extra stuff not the actual traffic infringement. Which should also be fucking obvious.

    10. Re:Lose lose situation by AGMW · · Score: 1

      Sorry but I'm not buying your mellow dramatic bullshit.

      OK, but what if I were to up the stakes and offer you some melodramatic bullshit eh? What then eh? Now that's gotcha thinkin' hasn't it. You know you want it ... Ooooh baby ... yer ... Mmmmmmm. Tasty!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    11. Re:Lose lose situation by PatrickThomson · · Score: 1

      Exactly the same thing happens to politicians, celebrities, and the CEOs of companies involved in unpopular accidents. Maybe guilty, maybe not, but the life is suddenly ruined for no reason. And what happens on slashdot? People bay for blood.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    12. Re:Lose lose situation by Anonymous Coward · · Score: 1, Interesting

      But its not all peaches and sunshine. In particular if it goes to trial, that is a matter of public record. One guy got news headlines that he knocked up a little girl and was a dirty pedo, with a "unrelated" picture next to his mug shot of 5year old girl playing in a new playground on the front page. He was fully acquitted since the girl in question was 15 and he meet her in a bar (drinking age back then was 20) and she acted 20 claiming to have a office job etc. The Judge/jury said there was no way the defendant could have reasonably expected that she was underage.

      It didn't matter. In the end the fully acquitted and innocent guy had to change his name and move countries.

      Uhh.... I don't understand how this one is on the police. If he did in fact impregnate someone underaged, the police would be duty-bound to enforce a just and reasonable law. The cops are not SUPPOSED to make judgment calls in such unambiguous cases - they're supposed to enforce the law fairly and evenly, and let the courts sort it out. Surely as someone who apparently dislikes the police, you'd agree that they should NOT be acting as judge and jury?

      with an "unrelated" picture next to his mug shot of a 5year old girl

      See, this is the real shame of the piece. I say the blame rests solely on those who soiled his name, given that the injustice revolves around his undeserved loss of reputation. If I had my way, the "journalist(s)" responsible would forfeit all of their fingers and their tongue(s). Perhaps a little barbaric, but as you say, they ruined a mans life with their shameless lies, and for them it would be just another unwarranted smear job of hundreds or thousands that they'd commit.

    13. Re:Lose lose situation by Anonymous Coward · · Score: 1, Insightful

      I am guy from northern Europe, and I think that doing 94 in a 55 should be more than enough for taking your license away for at least two years. Behaviour that puts a risk on other people's lives should be minimized, and taking you licence away would probably dicourage you from speeding more than a hefty fine did.

      And when it comes to the case discussed, I get the impression that the police is willing to go very far to punish any behaviour that takes away their power (explicit or implicit). Lets just hope that the intimidating effect of the court case is as far as the come.

    14. Re:Lose lose situation by Hognoxious · · Score: 1

      It's a bit fast, but be aware that there are some sections of interstate that have a 55 limit, and it might have been out in the middle of the desert where there's nobody around to endanger.

      I doubt it was near a school or in a residential area.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    15. Re:Lose lose situation by Skapare · · Score: 1

      That's why he should sue the tax payers that are supporting corrupt police departments like this, for millions of dollars.

      --
      now we need to go OSS in diesel cars
    16. Re:Lose lose situation by Joe+U · · Score: 1

      Many (most?) employers now ask if you've merely been arrested, regardless of whether you were charged or found guilty, so he'll be making minimum wage at best.

      In most states that is outright illegal.

      However, security background checks are not and the arrest (and lack of conviction) will show up on one, if the employer does checks.

    17. Re:Lose lose situation by h7 · · Score: 0

      Correct. For something like this to succeed, we need many people breaking the law. We need a whole country of people videotaping police officers in public, and posting the videos on Youtube. This is what will be required if this guy loses the case or is put in jail.

    18. Re:Lose lose situation by Anonymous Coward · · Score: 0

      ...I've previously been stopped for doing 94 in a 55.

      You should be smashed in the face repeatedly with a crowbar. People have lost loved ones because of pieces of shit like you.

    19. Re:Lose lose situation by MiniMike · · Score: 1

      I have driven that road many times. Often (obviously not rush hour) the average speed is around 70 mph (middle lanes) with the left lanes sometimes having a flow of 80+ mph. Occasionally, traffic will reach above 90 mph. I-95 is 3-4 lanes wide in the area where I think he was driving. How dangerous 94 mph actually is depends on how fast the other cars were going at the time. It may have been just a bit faster than traffic, it may have been insanely fast. Also, I have never seen anyone drive faster on that road than the state troopers, usually without emergency lights on. 127 mph and/or wheelies on I-95 is insane any time, and should result in the officer demolishing the motorcycle right there and making the idiot walk to court. (Yes, I realize that the 127 mph wasn't known until later).

    20. Re:Lose lose situation by Culture20 · · Score: 1

      Quite a few 55mph highways are very straight with off/on ramps and no hills. Just because it's illegal doesn't mean it's not safe.

    21. Re:Lose lose situation by StormReaver · · Score: 1

      The defendant has everything coming to him regarding speeding and/or reckless driving citations, but that's not why the ACLU is representing him, nor why he's facing 16 years in jail. In that respect, IMHO he is an innocent victim.

      If I understand the situation correctly, the man driving the motorcycle and the man videotaping the traffic stop are two different people. The man facing 16 years in prison is the bystander who videotaped the stop, so the motorcyclist is not a victim in any way, shape, or form.

      The bystander, on the other hand, deserves to be compensated for the severe abuse of authority shown by the Maryland police. The officers involved in the raid, and the judge who signed the warrant need to be removed from their respective positions and prosecuted for the evilness of their actions.

    22. Re:Lose lose situation by NeutronCowboy · · Score: 1

      I find that inmates are also a product sold by politicians to an electorate that is afraid of their own shadow. What better way to be tough on crime than to up the prison population? I'm sure there are enough people out there who think that arresting lots of other people means that their little Jimmy is safe while playing in the street.

      --
      Those who can, do. Those who can't, sue.
    23. Re:Lose lose situation by Anonymous Coward · · Score: 0

      In the U.S., information about your arrest goes into a federal database - referred to by a former cop as the 'electronic plantation' - and even if you have the records sealed/expunged on a state level, the information in the federal records are rarely corrected. Employers have ways of tapping into this information. Thus, in a lot of cases, no matter how innocent you are or how wrong the cops are, if they put cuffs on you and took you downtown, you'll be bearing that cross for the rest of your life.

    24. Re:Lose lose situation by Attila+Dimedici · · Score: 1

      Sorry but I'm not buying your mellow dramatic bullshit.

      I have a question, how can anything be both "mellow" and "dramatic"?

      mellow:
      made gentle and compassionate by age or maturity; softened.
      affably relaxed; easygoing; genial
      pleasantly agreeable; free from tension, discord, etc

      dramatic:
      employing the form or manner of the drama
      characteristic of or appropriate to the drama, esp. in involving conflict or contrast; vivid; moving

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    25. Re:Lose lose situation by alexo · · Score: 1

      My car is governed at 128, and I've previously been stopped for doing 94 in a 55

      I used do 69 in a 60x80 but was never stopped.

    26. Re:Lose lose situation by Anonymous Coward · · Score: 0

      He wasn't charged for the the traffic violation at all.

    27. Re:Lose lose situation by Scrameustache · · Score: 1

      The initial traffic stop was completely justified and the guy should lose his license if not worse. Don't make him into some kind of innocent victim.

      For speeding and a wheelie? Yeah, a gun in his face, 26 hours of jail, threats of 16 years of jail, having his stuff stolen, that's all justified... in fascistopia, where speeders are worse than murderers.

      --

      You can't take the sky from me...

    28. Re:Lose lose situation by cynyr · · Score: 1

      if you read his comments, he is prepared to pay the speeding ticket and or loose his license. He's not trying to contest the speeding ticket and such, just the home invasion/detention/case with a 16 year prison sentence.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
    29. Re:Lose lose situation by ghoul · · Score: 1

      Its not just filling prisons. A lot of corporations use prison labor for manufacturing toys, license plates etc. Even some call centers are run from prisons. What makes this profitable is that prisoners dont have to be paid minimum wage so they are even competitive with Chinese labor costs. Next time someone tells you why not buy American when American goods are only a little more expensive than the Chinese goods be aware that the goods were probably manufactured by prisoners pushed into prison on such flimsy charges. So if you really like freedom buy Chinese.

      --
      **Life is too short to be serious**
    30. Re:Lose lose situation by Anonymous Coward · · Score: 0

      If he's lucky, the ordeal will cost him thousands (maybe tens of thousands) when it's all said and done

      The ACLU is defending him. They don't charge for their services.

      Many (most?) employers now ask if you've merely been arrested, regardless of whether you were charged or found guilty

      It's not legal for an employer to ask if you've ever been arrested. Maybe a clueless employer would ask, but they're setting themselves up for a lawsuit. They can ask if you have convictions, but those will show up on a background check anyway.

    31. Re:Lose lose situation by bigrockpeltr · · Score: 1
      dude he wasnt pulled over for doing 127 he was pulled over (supposedly) for doin 82.

      furthermore, he isnt possibly getting 16 years in prison for speeding. He's getting it for putting up a video of an unidentified man in plain clothes pulling a gun on him and telling him to get off his bike!

      which if i had a bike and it was me i would probably pop the clutch and pull another wheelie (so that if he shoots it will most likely hit the bike) and run over said man.

      This isn't metropolis Mr. Kent, open your eyes and see the cold hard facts.

      --
      $ unzip, strip, touch, finger, grep, mount, fsck, more, yes,fsck,fsck,fsck,umount, sleep
    32. Re:Lose lose situation by zildgulf · · Score: 1

      "Whether he's found guilty or not, his life is basically over."

      He could go into law, work for the ACLU or EFF and try to extract some more justice for others, or try to get some of these bastards arrested themselves.

      "Many (most?) employers now ask if you've merely been arrested"

      Another reason to go into law. He could make a living suing interviewers that ask that question and refuse to hire him when he can prove he fits the description of an ideal candidate to a tee.

    33. Re:Lose lose situation by BlueStrat · · Score: 1

      ...in fascistopia, where those who publicly expose gratuitous brutality and illegal behavior committed by agents of the State are worse than murderers.

      FTFY

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    34. Re:Lose lose situation by yyxx · · Score: 1

      The initial traffic stop was completely justified

      Nobody disputes that (although there is some question as to whether the cop behaved correctly).

      and the guy should lose his license if not worse.

      He got his ticket.

      Don't make him into some kind of innocent victim.

      He is a guilty perpetrator with respect to speeding. He's been punished for that. Whether that punishment is to your liking or not is not material.

      He is an innocent victim with respect to being charged with illegally recording a police officer.

    35. Re:Lose lose situation by rakaur · · Score: 1

      That's why I hope he wins his case, and then turns around and sues the state and Police Department for millions.

      The problem I have with this is that the "millions" will be paid by you and me (and especially me; I live in Maryland). This doesn't punish the police at all. You think they care that the taxpayers have to shell out some money for some suit? The cop will get an "unprofessional conduct" mark on his record (*maybe*) and they'll all forget it ever happened; meanwhile, the guy going 127mph on a motorcycle like a dumbshit is now a millionaire.

      The police need to be punished, not the taxpayers. Unfortunately, that never happens.

    36. Re:Lose lose situation by Anonymous Coward · · Score: 0

      Many (most?) employers now ask if you've merely been arrested, regardless of whether you were charged or found guilty, so he'll be making minimum wage at best.

      Did you know that getting a traffic ticket is being arrested? Why dont you stop showing your ignorance...

    37. Re:Lose lose situation by zildgulf · · Score: 1

      I am not sure if the law was broken or not. The cop is under the assumption that his conversation should have been private. I don't think he has a reasonable expectation of privacy in this case.

      Does Maryland arrest people for overhearing so-called "private" conversations made in a fast food joint, clearly a public place? Didn't the FBI bust mobsters on the fact that their conversation of taking out hits on their enemies on the street were not private conversations?

      The law enforcement community shouldn't be able to have it both ways. If you convict him for 16 years for this then have the state arrest and convict all of the county deputies and city policemen using cameras that are recording with sound on the same wiretapping charge.

    38. Re:Lose lose situation by WNight · · Score: 1

      A traffic stop was justified, but not one where an unidentified man bursts from a vehicle brandishing a weapon and screaming.

      Depending on where I was when that happened to me my instinct would be to duck and floor it, driving over the carjacker. They should really consider buying those stick-on sirens...

    39. Re:Lose lose situation by Bryansix · · Score: 1

      Actually study after study shows time and time again that speeding is not as dangerous as the police would have you beleive. What is dangerous is cutting people off, not signaling, driving on the shoulder, driving a vehicle which cannot keep up with the flow of traffic etc. These are the things the police should be enforcing but catching speeders is more profitable and they have cornered the market on the public opinion of speeding with the "think of the children" bullshit.

    40. Re:Lose lose situation by Bryansix · · Score: 1

      All you did is convince me that you hav no idea how to drive.

    41. Re:Lose lose situation by Anonymous Coward · · Score: 0

      You claim it's very easy to have your life ruined by being arrested one time. What I have to say next isn't to imply that anyone is a sociopath, or that's it's okay to do what the cop did, or what the motorcyclist did. If it's so easy to get your life ruined and get get blacklisted everywhere, how is that sociopaths manage to get hired when they don't have the right qualifications over and over again? I mean if an interviewer asks you "Have you ever been arrested?", Couldn't you just lie? Was Martha Stewart's life ruined by being arrested? I dunno. I guess I just disagree with the severity of the statement: "If you get arrested your life is ruined." That seems to be an overstatement. If I got arrested, I wouldn't give up on being a high functioning wealthy person. Suicide isn't necessarily the answer.

    42. Re:Lose lose situation by jschottm · · Score: 1

      The numbers don't actually support that. While there is certainly corruption and bribery associated with prison and prison labour, it's not enough to cause wide scale incarceration. For example, it's estimated that CA will spend $15.4 billion in 2012 on prisons - roughly $47,000 prisoner/year. It would take an extraordinary amount of bribery to justify that. In fact, they're already starting to release prisoners early in an attempt to bring their budget under control.

      What causes the gross incarceration is the criminalization of drugs which remains something that virtually no politician can go against, a culture that places an emphasis on punishing inmates rather than rehabilitating them, and the fact that politicians get more benefit from selling themselves as "tough on crime" than trying to create structures to break the cycle of poverty that causes high crime rates in the inner city (which their opponents would spin as throwing money at welfare queens).

    43. Re:Lose lose situation by Drathos · · Score: 1

      I think it's clear that riding a motorcycle at 127mph in traffic while doing wheelies is pretty fucking illegal. What the police department did about the recording is very wrong but that's a separate issue. The initial traffic stop was completely justified and the guy should lose his license if not worse. Don't make him into some kind of innocent victim.

      The 127mph (65mph speed limit there with non-rush hour traffic normally going 70-80) and doing the wheelie should be fined, but I'm 90% certain that's not what the traffic stop was for since neither cop would have seen it. When he passed the speed trap, he was going 69 (won't get ticketed for that normally) and when he passed the off duty cop in his unmarked or private car (I'm not sure which - I couldn't spot lights or non-standard antenna on the Malibu) he was doing 82 (maybe a ticket, maybe not - depends on the flow of traffic). None of that justified the plain clothes/off-duty cop coming out with his gun drawn and never showing his badge (you can see it when he holstered his gun, but he never tried to display it).

      --
      End of line..
    44. Re:Lose lose situation by TheTurtlesMoves · · Score: 1

      The DA is not duty bound at all. They can choose to prosecute or not at a whim. As can police, they are not duty bound to arrest/charge every violation that they see or are told about.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    45. Re:Lose lose situation by Anonymous Coward · · Score: 0

      IT'S LOSE YOU ILLITERATE FUCK

  8. Dashcams by david+duncan+scott · · Score: 5, Informative

    I can't speak for MD in particular (although I do live here) but beyond the pernicious "the public can't watch us do the public's work" aspect of this is those dashboard cameras we all love on America's Funniest Car Chases and whatever. I've certainly seen clips that include audio from the citizen as well as the police officer--are we to take it that these too are felonious wiretaps?

    --

    This next song is very sad. Please clap along. -- Robin Zander

    1. Re:Dashcams by GWRedDragon · · Score: 2, Informative

      From TFC (the freaking code):

      10-402. Interception of communications generally; divulging contents of communications; violations of subtitle.

      ...
      (4) (i) It is lawful under this subtitle for a law enforcement officer in the course of the officer's regular duty to intercept an oral communication if:

      1. The law enforcement officer initially lawfully detained a vehicle during a criminal investigation or for a traffic violation;

      2. The law enforcement officer is a party to the oral communication;

      3. The law enforcement officer has been identified as a law enforcement officer to the other parties to the oral communication prior to any interception;

      4. The law enforcement officer informs all other parties to the communication of the interception at the beginning of the communication; and

      5. The oral interception is being made as part of a video tape recording.

      (ii) If all of the requirements of subparagraph (i) of this paragraph are met, an interception is lawful even if a person becomes a party to the communication following:

      1. The identification required under subparagraph (i)3 of this paragraph; or

      2. The informing of the parties required under subparagraph (i)4 of this paragraph.

      So apparently, they are supposed to tell you you are being recorded by the dashcam.

    2. Re:Dashcams by gd2shoe · · Score: 1

      A good question. I live in California (a two-party-consent state). I heard a presentation about a decade and a half ago by an officer who said that his favorite tool of the trade was his tape recorder. It made sense then, but I didn't know about the consent law at the time.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    3. Re:Dashcams by Skapare · · Score: 1

      How many of those videos are from the few states which are "two party consent" states (where both sides of an AUDIO recording must consent to the recording for it to be recorded)?

      Actually, it is that law that needs to be knocked down. It was originally meant to prevent phone taps. But it should be allowed for one of the parties to record the call. How often do you call up some tech support or customer service where there is an announcement at the beginning that says the call is being, or may be, recorded?

      --
      now we need to go OSS in diesel cars
    4. Re:Dashcams by Theaetetus · · Score: 1

      I can't speak for MD in particular (although I do live here) but beyond the pernicious "the public can't watch us do the public's work" aspect of this is those dashboard cameras we all love on America's Funniest Car Chases and whatever. I've certainly seen clips that include audio from the citizen as well as the police officer--are we to take it that these too are felonious wiretaps?

      Every state that has dual-consent wiretapping laws has an exception for recordings by law enforcement during the course of their duties, so no.

    5. Re:Dashcams by BobMcD · · Score: 1

      I can't speak for MD in particular (although I do live here) but beyond the pernicious "the public can't watch us do the public's work" aspect of this is those dashboard cameras we all love on America's Funniest Car Chases and whatever. I've certainly seen clips that include audio from the citizen as well as the police officer--are we to take it that these too are felonious wiretaps?

      Every state that has dual-consent wiretapping laws has an exception for recordings by law enforcement during the course of their duties, so no.

      But again, if the state police officer consented to being recorded by the dash cam (by default), then the helmet cam is moot.

    6. Re:Dashcams by Theaetetus · · Score: 1

      I can't speak for MD in particular (although I do live here) but beyond the pernicious "the public can't watch us do the public's work" aspect of this is those dashboard cameras we all love on America's Funniest Car Chases and whatever. I've certainly seen clips that include audio from the citizen as well as the police officer--are we to take it that these too are felonious wiretaps?

      Every state that has dual-consent wiretapping laws has an exception for recordings by law enforcement during the course of their duties, so no.

      But again, if the state police officer consented to being recorded by the dash cam (by default), then the helmet cam is moot.

      Not so... If you and I have a conversation and we both agree that I can record it, that doesn't give a third party consent to also record it. The cop's consenting to a dash cam recording is irrelevant to his or her consent to any other recordings.

      Additionally and independently, the cop doesn't have to consent to the dash cam - which is the point of my previous post - it's recorded by law enforcement, so no consent is required by anyone. Thus, you can't automatically extend a situation in which no consent is required because it's specifically exempted to situations where consent is required.

    7. Re:Dashcams by BobMcD · · Score: 1

      Not so... If you and I have a conversation and we both agree that I can record it, that doesn't give a third party consent to also record it. The cop's consenting to a dash cam recording is irrelevant to his or her consent to any other recordings.

      Additionally and independently, the cop doesn't have to consent to the dash cam - which is the point of my previous post - it's recorded by law enforcement, so no consent is required by anyone. Thus, you can't automatically extend a situation in which no consent is required because it's specifically exempted to situations where consent is required.

      Of course you can extend it. How can the officer have any expectations of privacy over something that is a part of the public record? Consent was already given, by standing in a state with that law, and therefore no violation of rights came to the recorded party in any way.

    8. Re:Dashcams by Theaetetus · · Score: 1

      Of course you can extend it. How can the officer have any expectations of privacy over something that is a part of the public record?

      1) They're not part of the public record.
      2) The officer has expectations of privacy because they haven't consented to be recorded.

      Consent was already given, by standing in a state with that law, and therefore no violation of rights came to the recorded party in any way.

      and 3) consent wasn't given. You don't "give consent by standing in the state" - the statute doesn't say "consent shall be presumed" or "consent is automatic". It says "you need consent to record, except in cases of recording by law enforcement". In other words "no consent needed", not "automatic consent".

    9. Re:Dashcams by BobMcD · · Score: 1

      1) Yes, they are. All police records are, with limited exceptions. Certainly in my jurisdiction, and probably in yours as well.

      2) Again, the officer is already being recorded. The additional recording would not require consent. If I pointed a camera at the YouTube screen while it was playing, would I likewise be facing 16 years? Not so much. The 'harm' done to the officer's 'privacy' was already done by the state. Any replications of that are completely unimportant.

      3) Same thing for this purpose. Again, already knowingly, legally recorded == consent not necessary. This is a 'two party' law, is it not? Were both parties aware they were being recorded? Yes they were. Consent not necessary.

      Further, if you're out to quote the statue, go ahead and link it. Otherwise you're speculating, same as I am, and should label it as such.

    10. Re:Dashcams by Theaetetus · · Score: 1

      1) Yes, they are. All police records are, with limited exceptions. Certainly in my jurisdiction, and probably in yours as well.

      Subject to FOIA requests and sealed during pending investigations, which means they're effectively not public records.

      2) Again, the officer is already being recorded. The additional recording would not require consent. If I pointed a camera at the YouTube screen while it was playing, would I likewise be facing 16 years? Not so much.

      You're not recording the conversation... You're recording a recording of the conversation. There is no second party, just YouTube.

      The 'harm' done to the officer's 'privacy' was already done by the state. Any replications of that are completely unimportant.

      "Unimportant" to you doesn't mean there's not a legal or semantic difference.

      3) Same thing for this purpose. Again, already knowingly, legally recorded == consent not necessary.

      [Citation needed] Additionally, that you are knowingly recorded by a cop doesn't mean you consent is not required for any and all other recordings.

      This is a 'two party' law, is it not? Were both parties aware they were being recorded? Yes they were. Consent not necessary.

      Reeeeaallly, now. Find me a single citation, anywhere, of a situation in which parties A and B may consent to each other's recording, and party C may then automatically record them without needing either A or B's permission.

      Further, if you're out to quote the statue, go ahead and link it. Otherwise you're speculating, same as I am, and should label it as such.

      Maryland Code, title 10, section 402:

      (a) Unlawful acts.- Except as otherwise specifically provided in this subtitle it is unlawful for any person to: (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or (3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle.

      And the lawful acts are in (C)(2-4).

    11. Re:Dashcams by BobMcD · · Score: 1

      1) Yes, they are. All police records are, with limited exceptions. Certainly in my jurisdiction, and probably in yours as well.

      Subject to FOIA requests and sealed during pending investigations, which means they're effectively not public records.

      Wrong. They are public records under a (non-permanent) seal. There's no privacy unless a judge attaches such, except again in special situations (rape, etc).

      2) Again, the officer is already being recorded. The additional recording would not require consent. If I pointed a camera at the YouTube screen while it was playing, would I likewise be facing 16 years? Not so much.

      You're not recording the conversation... You're recording a recording of the conversation. There is no second party, just YouTube.

      Bingo! The same is true of recording something that's already being legally recorded under the law. No privacy attaches.

      The 'harm' done to the officer's 'privacy' was already done by the state. Any replications of that are completely unimportant.

      "Unimportant" to you doesn't mean there's not a legal or semantic difference.

      Logic, FTW. The case clearly has no merit under what we both seem to agree is the intent of the law.

      3) Same thing for this purpose. Again, already knowingly, legally recorded == consent not necessary.

      [Citation needed]
      Additionally, that you are knowingly recorded by a cop doesn't mean you consent is not required for any and all other recordings.

      Here's your citation: The grey mass between your ears. This really is a common sense point of view. You can disagree if you lack said sense, but calling for a cite as an argument tactic is just lame.

      This is a 'two party' law, is it not? Were both parties aware they were being recorded? Yes they were. Consent not necessary.

      Reeeeaallly, now. Find me a single citation, anywhere, of a situation in which parties A and B may consent to each other's recording, and party C may then automatically record them without needing either A or B's permission.

      Camcorder at an amusement park. Or are all the folks at Six Flags, Adventure Park USA, etc, also facing felony charges?

      Further, if you're out to quote the statue, go ahead and link it. Otherwise you're speculating, same as I am, and should label it as such.

      Maryland Code, title 10, section 402:

      Cool, thanks! Except the link doesn't work... I'll see if I can track down what you were attempting to link.

      (a) Unlawful acts.- Except as otherwise specifically provided in this subtitle it is unlawful for any person to:

      (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

      Doesn't apply. There's no interception, due to the public record recording. In order for interception to attach, some expectation of privacy would be required. Do we intercept the evening news with a VCR? No, not so much.

      (2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or

      Again, not intercepted.

      (3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that t

    12. Re:Dashcams by Theaetetus · · Score: 1

      Too bad you didn't include those, and too bad your link doesn't work.

      Works for me. Try going a bit deeper, or doing a search for one of the words I quoted. I'm not your personal link-monkey.

    13. Re:Dashcams by BobMcD · · Score: 1

      Too bad you didn't include those, and too bad your link doesn't work.

      Works for me. Try going a bit deeper, or doing a search for one of the words I quoted. I'm not your personal link-monkey.

      Indeed you are not. I did in fact try. I see only 'articles' and no 'titles' or 'sections'. I searched using the built-in function and came up empty.

      As I said, however, I'm confident enough (and the stakes here are low enough) that I don't genuinely feel the need to spend more time on it.

      I'm not at all surprised you feel the same.

      Have a great day!

    14. Re:Dashcams by urulokion · · Score: 1

      Maryland Code, title 10, section 402:

      (a) Unlawful acts.- Except as otherwise specifically provided in this subtitle it is unlawful for any person to: (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or (3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle.

      And the lawful acts are in (C)(2-4).

      You really need to read the entire that entire section of MD code. To be charged and found guilty of a violation of the statute, all of the elements of the crime have be present. You need to know what an "oral communication" is as defined under that law.

      (2) (i) "Oral communication" means any conversation or words spoken to or by any person in private conversation.

      The phrase "..in a private conversation." is key here. You can't have a reasonable expectation of privacy on the side of a busy interstate in the middle of the day. No expectation of privacy means no law was broken.

      I I wonder why the judge hasn't throw the case out of court. Has the ACLU files to have the charge(s) dismissed for lack of elements?

    15. Re:Dashcams by david+duncan+scott · · Score: 1

      That the officer might have expectations of privacy is the worst part of it. He has every moral right to privacy in his private life, but when enforcing public law on public roads and public salary he is not acting privately (at least, he better not be, because then he's just a thug.)

      --

      This next song is very sad. Please clap along. -- Robin Zander

  9. 16 years?! by Anonymous Coward · · Score: 3, Informative

    You could kill someone and get less than that... (as long as the person you kill isn't a cop)

    1. Re:16 years?! by GWRedDragon · · Score: 1

      It sure is interesting how criminal penalties have expanded over time. Back in the day, felonies were only violent crimes where death or irreparable injury could be a result. Armed robbery, murder, rape, etc.

      In the last 100 years or so, though, there has been a creep wherein suddenly a huge number of malum prohibitum laws have been made felonies and given penalties equivalent to the 'true' felonies. So now we have a system where rapists and murders get lesser penalties than people who never hurt or threatened anyone. It's ridiculous, really. I'm sure this country's founders would have some choice words to say about this situation.

    2. Re:16 years?! by Anonymous Coward · · Score: 0

      The cop had his soul stolen when he was filmed - that's a fate worse than death! The guy did effectively kill the policeman and should probably be shot at the stake.

    3. Re:16 years?! by linzeal · · Score: 3, Interesting

      My old room mate called in a domestic violence incident at his apartment complex a few months ago and it was a young cop and his fiancée. After a few hours they came pounding on his door asking him questions and he told them to come back later because he had to work in the morning. A few days passed and he went down to his car and found his antenna bent off and it was keyed, so he called the cops again and said he thought it was the wife beating cop, who was still living in the apartments. His insurance paid for the repairs but he wanted to get the hell out of there, so he setup a webcam from his balcony overlooking the parking lot while he looked for a new place. A week or so later he got 4 still images of the cop walking over to his car and kicking it, throwing up his hands and than kicking it some more. He turned over the images to the cops and he said the first thing they asked was if there was audio, because if there was he was going to be charged with a wiretapping crime, they were so serious they were grinning, he said. There wasn't any audio, long story short but there is a major aversion to even recording wife beating cops off duty cops running amok that is how this law is used to cover up crimes performed even off duty.

    4. Re:16 years?! by cats-paw · · Score: 1

      I seem to remember someone getting shot in a BART station and the shooter got about 4 years.

      and he shot the guy while he was lying on the ground.

      --
      Absolute statements are never true
    5. Re:16 years?! by Stick32 · · Score: 1

      16 years is the maximum possible penalty that could be imposed on this guy by the judge if found guilty. Normally maximum penalties aren't imposed unless the circumstances in which the crime was committed was particularly appalling, or if the judge just wants to make an example.

  10. Then do something other than whining on /. by Sycraft-fu · · Score: 3, Informative

    First step would be to learn about the laws involved. This is not a US wide law, this is state by state and the majority of states are not like this. If your state is affected, then set about trying to change it. You might discover that your state representatives don't even know. This shit was drafted up a long time ago in most cases. You make them aware they are a two party state and the consequences, maybe they work to fix it. If not, you continue the quest along other avenues.

    However bitching about the USA being a "Police State" on a message board does no good.

    And before you shoot back at me, I live in a one party state, so this particular issue is not one I concern myself with. My legislature has already made the correct choice, and we can record if we like.

  11. Wiretapping.... by Fallen+Kell · · Score: 4, Insightful

    I love how video+audio = "wiretapping", which is by definition, tapping into the wires of a phone or communications system to record the conversation. So have the politicians been jailed for taking video of their child at school and happened to video someone else? Have people been arrested for using a digital recorder at the local college lectures? What about the new crew?

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    1. Re:Wiretapping.... by sumdumass · · Score: 1

      They didn't say it was wire tapping, they said the wire tapping laws.

      I havn't read the exact law, but under the name of wire tapping there is probably a clause about recording conversations in which all involved parties must be informed of the recording. This would be applied outside the wiretapping but still be in the wire tapping laws.

    2. Re:Wiretapping.... by Kenoli · · Score: 2, Insightful

      The summary makes it sound like the guy may have been intruding in on a conversation between a cop and someone else, or some such. Hardly wiretapping, but could potentially aggravate the cop into arresting him.

      The video makes it clear that wasn't the case though. Not only was it first-person, it was also being recorded for a completely different purpose and just happened to catch the cop.

      I hope they're not trying to suggest that it's illegal to video tape anything in public ever because a cop might show up.

    3. Re:Wiretapping.... by linzeal · · Score: 1

      So again, can you take a video of your son's soccer game or are you looking at 50,000 years in jail because of the 300 people who did not give consent? What happens if you take a video of a concert, do you go to jail for 4 billions years?

    4. Re:Wiretapping.... by jafiwam · · Score: 1

      They are only trying to suggest it's illegal to tape in public as a side effect of the real message.

      The real message, is you do not disrespect cops in the police state of Maryland.

      The trial, and uproar will be the deciding factor of whether it works or not.

    5. Re:Wiretapping.... by jacksdl · · Score: 1

      I live in Illinois and use a Livescribe pen at work. I use it to record and take notes at meetings. Illinois requires all parties to be notified and approve recordings. I guess I should stop using the pen, but it's so damn handy!

    6. Re:Wiretapping.... by alexo · · Score: 1

      So have the politicians been jailed for taking video of their child at school and happened to video someone else?

      Welcome to the world of selective enforcement
      aka "DA discretion"
      aka "one set of rules for us and one set of rules for them"

    7. Re:Wiretapping.... by Wowlapalooza · · Score: 1

      I love how video+audio = "wiretapping", which is by definition, tapping into the wires of a phone or communications system to record the conversation.

      That may be the common dictionary definition of the term "wiretapping", but it isn't necessarily the legal definition, and I don't think even the legal definition is relevant here, since Wiretap Law is just the generally-accepted title of the statute, which doesn't have any legal weight of its own. The statute in question (Maryland Courts and Judicial Proceedings Section 10-402), doesn't use the word "wiretap" at all: it talks about "intercept[ion] of any wire, oral, or electronic communication", and I think it's pretty difficult to deny that Graber intercepted an oral communication with his helmet-mounted microphone. Let's discuss/debate the more important factor in the case -- whether there was an "expectation of privacy" or not -- rather than get caught up in the semantics of the term "wiretap"...

    8. Re:Wiretapping.... by urulokion · · Score: 1

      In every state's wiretap laws (except for one: Illinois), there has to be an expectation of privacy in order for the wiretap laws to apply. If you are on the side of a busy road in broad daylight, you can't have a reasonable expectation of privacy.

    9. Re:Wiretapping.... by Wowlapalooza · · Score: 1

      So again, can you take a video of your son's soccer game or are you looking at 50,000 years in jail because of the 300 people who did not give consent?

      IANAL, but theoretically you could probably be charged once for each "communication" that you "intercepted". How many communications can your camcorder's microphone pick up at a soccer game? Do you have a parabolic dish for your microphone that you can point to people dozens or hundreds of feet away and pick up their conversations? Did you point it at 300 different people during the course of the soccer game? If you went to those extremes, in a state which has collectively decided on a 2-party-consent rule, maybe you should go away for a long time. You've deliberately and calculatedly committed hundreds of privacy violations, as defined by the consensus of the citizens of your state. Part of the price of living in a society is obeying the society's rules, or suffering the consequences if you don't. (You still retain your constitutional rights of course, and maybe an argument could be made in that direction).

      What happens if you take a video of a concert, do you go to jail for 4 billions years?

      Again, how many "communications" did you "intercept"?

    10. Re:Wiretapping.... by Anonymous Coward · · Score: 0

      Yes, most famously for the Linda Tripp recordings of her own conversations with Monica Lewinsky (which occurred in Maryland).

    11. Re:Wiretapping.... by sumdumass · · Score: 1

      Yes, very correct and I wasn't attempting to deny that.

      I was attempting to explain that the claim wasn't video taping equals wiretap, it's that wiretap laws contain laws about recording which would cover video taping. I believe the kids were in their right and this enforcement of the law is little more then an attempt to deter others from doing the same while punishing someone unjustly.

  12. America by majorme · · Score: 3, Insightful

    Fuck yeah I am glad I don't live there. Would you like to import some of our (backward) European freedoms?

    1. Re:America by Khyber · · Score: 0, Flamebait

      Like the freedom to be videotaped everywhere you go, like the UK?

      No fucking thanks.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    2. Re:America by nawitus · · Score: 1

      Hint: UK does not equal Europe. Where I live I have the right to videotape anything in public, even inside stores, bars etc.

    3. Re:America by Khyber · · Score: 1

      Hint: Many countries in Europe do it, UK is just but ONE example:

      http://www.surveillance-and-society.org/articles2(2)/regulation.pdf

      Try again when you have actual knowledge of the laws of countries YOU'VE ACTUALLY VISITED. I've visited seven EU member states. How many have you visited?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    4. Re:America by nawitus · · Score: 1

      Actually, the number of EU states I've visited has nothing to do with the discussion at hand. You didn't actually provide any citations, only a url to a huge pdf. Anyway, I didn't talk about permanent CCTV, but the freedom to videotape police officers etc.

    5. Re:America by Khyber · · Score: 1

      The PDF provides citations if you bothered to even read it, just like any decent paper would have.

      Oops, your bad for not bothering to check if the sources were already contained in the document. Don't you know what a fucking bibliography is?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:America by nawitus · · Score: 1

      You didn't even read my comment. Don't you know what a fucking comment is? Don't you know what fucking reading means? Fucking idiot. A huge pdf does not equal a proper response. If a huge pdf does actually equal a proper argument, I will cite a 1000 page pdf and until you read it, I will win the debate.

  13. Right to profit by AHuxley · · Score: 2, Interesting

    Re "private communication between two parties"
    Funny how when a multinational Internet search and advertising corporation gets caught doing a wifi traffic stop, its a mistake.
    No servers confiscated :)

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Right to profit by yyxx · · Score: 1

      Google is in big legal trouble over what they did.

      And that should worry you, because if Google Streetview and Wifi scanning is held illegal, chances are a lot of things you and your cell phone are doing are illegal too.

    2. Re:Right to profit by AHuxley · · Score: 1

      My cell phone is used for voice calls and I have cat5/6 for networking :)

      --
      Domestic spying is now "Benign Information Gathering"
  14. These cases catch hooks and miss exemptions by mentil · · Score: 4, Interesting

    I actually read an article about issues like this, and it seems different states have different wording in their wiretapping statutes. In some states, the audio part of the recording is what's illegal (many cellphones and pocket cameras record audio when they record video with no way to turn the microphone off). In other states, there's an exemption if it's obvious to all parties that what's happening is being recorded (local Channel 5 reporters with 50-pound cameras talking into a huge mic.) or if it's taking place in a public area (no privacy in public, remember?) but it seems judges are ignoring the public area exemption in cases like these.

    If you have such a video, submit it to your local news station with a note requesting anonymity, or use a Youtube account created and accessed via TOR. If the police confiscate your camera/phone, you can sue and successfully get it back.
    One thing I do wonder: how is it not a violation for cops to have dashboard-mounted cameras that record audio and video constantly, yet a brief cellphone video of a pulled-over cop is a violation.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:These cases catch hooks and miss exemptions by Anonymous Coward · · Score: 2, Informative

      The judges are not ignoring the public area exemption in cases like this. The ACLU factsheet indicates that they have not found a single court that says an officer has an expectation of privacy in a traffic stop. And indeed, considering that any aspect of the conversation is liable to end up introduced as evidence in court, it's hard to imagine how there could possibly be such an expectation of privacy!

      dom

    2. Re:These cases catch hooks and miss exemptions by Jah-Wren+Ryel · · Score: 1
      --
      When information is power, privacy is freedom.
    3. Re:These cases catch hooks and miss exemptions by Anonymous Coward · · Score: 0

      How is it not a violation? Have you forgotten that there's a law for nice, placid, docile citizens and another law for strong, righteous, morally upright Defenders of the Law?

    4. Re:These cases catch hooks and miss exemptions by i.r.id10t · · Score: 1

      The police are exempted from many laws, claiming they need to be for their safety, or to do their jobs, etc.

      --
      Don't blame me, I voted for Kodos
    5. Re:These cases catch hooks and miss exemptions by Just+Some+Guy · · Score: 1

      I actually read an article about issues like this

      Move along.

      --
      Dewey, what part of this looks like authorities should be involved?
    6. Re:These cases catch hooks and miss exemptions by alexo · · Score: 1

      Please mod up.

    7. Re:These cases catch hooks and miss exemptions by Anonymous Coward · · Score: 0

      how is it not a violation for cops to have dashboard-mounted cameras that record audio and video constantly, yet a brief cellphone video of a pulled-over cop is a violation.

      Much like everything else that "seems wrong" in regards to how the police do things, it's quite simple. The police are above the law, and have been for years.

    8. Re:These cases catch hooks and miss exemptions by Wowlapalooza · · Score: 1

      One thing I do wonder: how is it not a violation for cops to have dashboard-mounted cameras that record audio and video constantly, yet a brief cellphone video of a pulled-over cop is a violation.

      Well, in Maryland at least, there are specific exceptions for law enforcement written into the statute itself

      (4)(i) It is lawful under this subtitle for a law enforcement officer in the course of the officer's regular duty to intercept an oral communication if:

      1. 1. The law enforcement officer initially lawfully detained a vehicle during a criminal investigation or for a traffic violation;
      2. 2. The law enforcement officer is a party to the oral communication;
      3. 3. The law enforcement officer has been identified as a law enforcement officer to the other parties to the oral communication prior to any interception;
      4. 4. The law enforcement officer informs all other parties to the communication of the interception at the beginning of the communication; and
      5. 5. The oral interception is being made as part of a video tape recording.

      Another point to note is that these exceptions specifically contemplate that "interception of an oral communication" may occur with respect to the audio portion of a videotaping. This is another dent in the legal-ignoramus' claim -- I should perhaps repeat that IANAL, but at least I've informed myself somewhat on how the law works -- that Maryland is twisting its "wiretap" law to prosecute acts that it was never intended to cover. Obviously the law was intended to cover the audio portion of a video recording...

  15. "Facing" and serving are very different things... by droopus · · Score: 5, Informative

    What Graber filmed was called a Terry Stop and the cop is able to search you without a warrant within your "wingspan" to check for weapons that may threaten him or other people. There are a lot of laws that cops often break on Terry Stops. My car was searched on my own property under the guise of a Terry Stop, which of course is wildly illegal, but I digress.

    What Graber is "facing" is a maximum..he will never serve it unless he decides to roll the dice with a jury, blows trial and the judge sentences him to the maximum. Since the ACLU is involved, you can bet that will never happen.

    But States and more often, the Feds will indict you for offenses that carry insane sentences in order to convince you to plead out, as the vast majority of people do. I did. I was facing five life sentences plus 105 years for an offense no one had ever been jailed a day on before. If I went to trial and lost on one single count, I would have done fifteen years, mandatory. (No parole in feds, BTW...you do 87.5%) I signed for five years, did 52 months.

    Now, would you have fought? Really? Many people say they would, but it's a lot different when you are considering giving your life to 12 people too stupid to get out of jury duty. When you realize that the whole system is set up to plead out 95+% of cases and do anything possible to convince you to not go in front of a jury, the average person has almost no chance in the system as it is set up. You didn't do it? That doesn't matter. It's what you can PROVE to a jury. And most of the time, the Government has much better lawyers and resources, so Graban is actually lucky...he won't serve a day, IMVHO.

    CSI, Law and Order are worse than misinformation..they are propaganda, brainwashing us into thinking the system is fair and equal. It isn't. Graber is lucky that his case has publicity value. He may be "facing" sixteen years, but he'll never serve any.

    But we aren't all lucky. We are indeed one Terry stop away from ruin. Be careful.

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  16. Whistleblower? by Anonymous Coward · · Score: 0

    If the cop was doing wrong, wouldn't that make him a whistleblower?

    I'm not a lawyer or anything, but it seems if he's exposing wrong doing, then couldn't he protected by those laws?

    1. Re:Whistleblower? by cappp · · Score: 2, Informative

      Nope - whistleblower laws protect employees from their employers' retaliatory actions. As there was no employment relationship the whistleblower laws are inapplicable.

  17. What if he loses by OverlordQ · · Score: 2, Interesting

    While we can get all indignant about how asinine this is and how the laws are stupid. What can we do if he does lose this case and goes to prison. What is our recourse? There isn't one. While I'd love to be able to look back and say this was some landmark case that caused some sort of sane reform, I just dont see that happening, and I just don't see Maryland replacing the politicians that are allowing this farce to continue.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:What if he loses by TheTurtlesMoves · · Score: 2, Interesting

      What is our recourse? There isn't one...

      Martin L. King would probably disagree. Seriously. Begin part of a "democracy" means so much more than the right to vote. If enough can rally to the cause there are many *peaceful* things you can do. Don't forget that bad PR is a DA worst nightmare....

      But motivating lots of people to hit the streets rather than get hot under the collier on /. is probably harder than it looks.

      But then again flash mobs do happen.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    2. Re:What if he loses by gmhowell · · Score: 1

      The one good bit of news is that a few counties in the state are walking back from this kinda BS in light of the publicity it has garnered. The case in St. Mary's Co. is particularly interesting in that light. The DA was getting some bad press (compounded by him bringing his election opponent up on bogus charges as well as being an admitted rapist) so basically refused to prosecute.

      I also notice that nobody is discussing the history of the MD statute. Prior to the Lewinsky-Clinton affair, it was pseudo-legal to tape without consent. The two party requirement is some fallout due to Linda Tripp surreptitiously taping a conversation with Lewinsky in the state.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    3. Re:What if he loses by blackchiney · · Score: 1

      Funny you bring up MLK considering it was him who invited the news cameras to show how fucked up the police were in the south. Before that when there was news of dead people at a civil rights protest people would chalk it up to uppity niggers. After the cameras arrived recording footage of people being assaulted at sit-ins, being attacked by dogs, or being so brutally beat they couldn't be identified only then did you get change.

    4. Re:What if he loses by Bryansix · · Score: 1

      Which she should have been able to do. If you hear something yourself then you should be able to record it. End of story. The other option is to transcribe the conversation with another witness also transcribing it as it happens but that is too much work when the technology exists to just record the audio.

    5. Re:What if he loses by gmhowell · · Score: 1

      I hope I didn't come across as either supporting or condemning MD's law. TBH, I really am not sure how I feel. Usually I support privacy, but I see no problem with recording your own actions in general. Mostly I just wanted folks to know a little background.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    6. Re:What if he loses by TheTurtlesMoves · · Score: 1

      Well it wasn't a complete accident. I always felt like MLK success was due to the PR. Sure most people stop betting the crap out of them. But thats not because they believed that betting the crap out of a different group was wrong. But because it was making them look bad.

      Secondly, the price that one needs to be prepared to pay is well illustrated. Just sitting there taking a betting is not an easy thing to do (yes i know not everyone did just sit there). While the attitude of MLK was different. He was happy to be lawless with respect to the unjust laws. But he didn't expect not to get prison time for it.

      Fact is we really don't care enough about any of these things to do more than rant a bit on /. and perhaps pass a few cussing stars at the pub.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  18. Who watches the watchers? by gmuslera · · Score: 4, Insightful

    Definately, not you.

  19. Mod parent informative by Chrisq · · Score: 1

    This is an excellent point. If they win this case a standard question on being stopped by the police should be "do you have a warrant for that wiretap?".

  20. Basil Marceaux will fix this! by commodoresloat · · Score: 1

    This is exactly why Basil Marceaux has been running for governor of Tennessee, so he can stop "slavery at traffic stops." Always wondered what he meant by that.

  21. Congress getting interested - write and call by Animats · · Score: 5, Informative

    Support House Concurrent Resolution 298, "Expressing the sense of Congress that the videotaping or photographing of police engaged in potentially abusive activity in a public place should not be prosecuted in State or Federal courts." US citizens, click here to write your congressional representative.

    1. Re:Congress getting interested - write and call by TubeSteak · · Score: 3, Insightful

      "Expressing the sense of Congress that the videotaping or photographing of police engaged in potentially abusive activity in a public place should not be prosecuted in State or Federal courts."

      Concurrent Resolutions have no force of law.
      Even if this one did, limiting it to "potentially abusive activity" still gives the cops plenty of wiggle room to justifiably arrest you and let a judge sort it out later... exactly the king of chilling effect we should strive to avoid.

      --
      [Fuck Beta]
      o0t!
    2. Re:Congress getting interested - write and call by X0563511 · · Score: 1

      Oh, so it will be perfectly fine to sue them dry in civil court instead. That's so much better.

      It should not be prosecuted at all

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    3. Re:Congress getting interested - write and call by MatthiasF · · Score: 1

      That's all well and good, but the officer pulling a gun on a traffic menace isn't abusive. Vehicles can be considered weapons and the motorist's actions can be judged to be hostile. If you watched the video, the guy was pretty brazen and aggressive. We see the guy popping a wheelie and drove far above the speed limit, but we don't know how long the guy had been driving or what else he did prior to the portion he decided to share. As a Marylander, I feel no sympathy for the guy and find most of those commenting to either be well outside their purview and are just cherry-picking because they think it's the popular thing to do while being completely ignorant of the laws involved or eager to make the criminal into a victim.

    4. Re:Congress getting interested - write and call by Byzantine · · Score: 1

      Concurrent Resolutions have no force of law.

      This is off-topic, but it's worth mentioning that concurrent resolutions are also how constitutional amendments get started

    5. Re:Congress getting interested - write and call by Anonymous Coward · · Score: 0

      Is that wording really better, or is it losing to "expressing the sense of Congress that the videotaping or photographing of police should enjoy no special protections not afforded to the general public," which, to me, sounds much better than allowing them to prosecute you for taping a police officer who noticed your taping and chose not to engage in abuse, in order to slap you with a federal lawsuit for taping him.

      I don't care of they're potentially abusive or not--I don't get any say over whether or not they tape me, and they shouldn't have any say in whether or not I tape them.

    6. Re:Congress getting interested - write and call by gknoy · · Score: 1

      The wiretapping charge is orthoganal to the safety issue. I am 100% on board with him getting punished for driving recklessly. However, the reaction to his videotape has been terrible. I fully agree with the ACLU that officers, when performing public duties on public roads, have no expectation of privacy.

    7. Re:Congress getting interested - write and call by b4dc0d3r · · Score: 1

      It has no force of law, but it is very useful in a defense. Assuming your lawyer knows about the concurrent resolution, of course.

      Whereas State and Federal wiretapping laws were not intended to be used for such charges;

      The legislative branch writes laws, the judicial branch interprets them. This resolution leaves judges little room to re-interpret what the intent or meaning of a law is. It does leave room, of course, and could be a bit clearer. I see no reason to *oppose* this. The fact that Congress agrees that wiretapping was not intended to be used that way is now a fact, not an interpretation.

  22. Imagine If The LAPD did that to R. King by Linux-Fiend · · Score: 5, Insightful

    Just imagine if LAPD pulled that on the person who filmed the Rodney King incident.

    --
    -Fiend-
    1. Re:Imagine If The LAPD did that to R. King by 1s44c · · Score: 4, Informative

      Just imagine if LAPD pulled that on the person who filmed the Rodney King incident.

      The police would have got away with it and those same police would be beating citizens to this day.

      Rodney King is the reason police hate anyone to film them. The only films they want are ones that can 'get lost' in their evidence room if they turn out to be inconvenient.

      There is a reason they are called 'filth'.

  23. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    Now, would you have fought?

    If I wasn't guilty of what I was being accused of, yes. If I was guilty, I'd probably opt to take the quickest way out rather than fight.

  24. Re:"Facing" and serving are very different things. by 91degrees · · Score: 2, Insightful

    Out of interest, were you guilty of any crime?

    But regardless - the way plea bargaining works in the US is a travesty of justice. The whole system is weighted to encourage it as well. It requires much less work and no aditional staff costs (e.g. researches) for a DA to negotiate a plea bargain.

  25. Hmm by Alioth · · Score: 2, Interesting

    While I would defend 100% his right to post this video, there is one thing I wouldn't have done (well, two things really) if it were me:

    1. Put the 120+MPH bit on YouTube. That's just asking to attract more unwanted police attention. I'd have just posted the last bit (where he admits to 69 and 80 mph, probably what he got the ticket for) and not put the bit where he overtakes the bus.
    2. Do 120+ on a busy highway in the first place.

    There's a time and place to go hooning, and it's called a very quiet road where no other traffic is, and where you're reasonably sure there are not cops lurking. And if you do get caught and get a ticket for 80 mph, for heaven's sake don't then admit to 120 in a YouTube video!

    1. Re:Hmm by olau · · Score: 1

      There's a time and place to go hooning, and it's called a very quiet road where no other traffic is, and where you're reasonably sure there are not cops lurking

      If you want to drive fast, do it on a race track. Why the hell do you think there's a law against speeding? For the fun of it? IT'S BECAUSE IT KILLS INNOCENT PEOPLE!

      I'm glad he put that bit up. I certainly hope they're going to charge him for it. People think they've got everything under control - and they have, 99.9999% of the time. Until they hit a hole in the road. Or somebody else does something stupid. :(

    2. Re:Hmm by Beyond_GoodandEvil · · Score: 1

      Why the hell do you think there's a law against speeding? For the fun of it? IT'S BECAUSE IT KILLS INNOCENT PEOPLE!

      Bzzzt! Wrong, b/c it makes the municipalities so god damn much money. Now, I believe doing 120 on public roads is nuts(particularly on a motorcycle where the stray pothole will make you an organ donor).But don't think speeding laws are just about public safety. If they were then given improvements in car and tire design speeds would be raised.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    3. Re:Hmm by 2obvious4u · · Score: 1

      In addition to that states like Montana have gotten rid of speed limits only to find out that their federal highway funding has been revoked. There are some places where there won't be another car for miles, wide open lanes, well kept where it is reasonable safe to travel at speeds in excess of 100 MPH. Studies on speeding have indicated that speeding isn't that dangerous, it is the weaving in traffic that causes accidents. I don't fault him for doing 127 MPH, I do fault him for weaving in traffic.

    4. Re:Hmm by TooMuchToDo · · Score: 1
      1) Do it on a stretch of interstate a bit away from civilization (65-70 mph) speed limits in the dead of night*

      2) Have a spotter a couple of miles ahead of you and a couple of miles behind to let you know of any LEO*

      *Not that I've done anything like that before

    5. Re:Hmm by yyxx · · Score: 1

      Why the hell do you think there's a law against speeding?

      US speeding laws were enacted during the oil crisis, in order to save on gas.

      For the fun of it? IT'S BECAUSE IT KILLS INNOCENT PEOPLE!

      The evidence for that is far from clear. And a speeding motorcycle is likely to kill only its rider anyway.

      Generally, I'm actually for speed limits, simply because they make driving less stressful and because it does save on gas. It also allows public transportation to compete. But purely on safety grounds, there is little justification to adopt speed limits; there are far more frequent and important causes of fatalities than speeding.

      I certainly hope they're going to charge him for it.

      He got his ticket. The question is now whether he should have been allowed to record and publish the video.

    6. Re:Hmm by jamie(really) · · Score: 1

      It kills innocent people? You sure that's the reason? Drug laws kill innocent people: 8 out of every drug related death is an innocent, yet we still have drug laws.

      And how do you assess "speeding"? If we all drive at 5mph there would be no road deaths. None. So whats your point? If granddad is ok to drive at 55 in his '75 buick with bouncing suspension, then I'm ok to do 90 thanks: including reaction time, I can stop in the same distance.

      Speed limits were introduced to save GAS not LIVES. Now they are there to save money.

      Around schools and through residential areas, 5mph should be the limit if you want to save lives. You up for that?

  26. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    Great, and on an even more cheery note we are about to add "Pedro Stops" to the list of harassment tools here in Arizona.

  27. Donations? by Sean · · Score: 1

    Any way to donate to this poor guy to help him defend himself?

  28. Re:"Facing" and serving are very different things. by Vectormatic · · Score: 5, Insightful

    I have an honest question for you: Why the fuck do you still live in that country?

    Honestly, a place where cops are practically untouchable, the justice system amounts to "plea guilty and do a few years, or else...." and guilt is determined by your average group of mouthbreathers with an extremely mis-placed sense of justice on a power-trip. Why the hell would anyone want to live there?

    --
    People, what a bunch of bastards
  29. There's a difference by Sycraft-fu · · Score: 0, Flamebait

    Between a victim and an innocent victim. What the GP is saying is that yes, the wiretapping charge is BS and he's a victim in that way. However the guy was wildly and dangerously breaking traffic law. It isn't as though the police just found a guy at random and said "Let's pick on him!" The guy is a victim, but not at all innocent.

    1. Re:There's a difference by maxwell+demon · · Score: 4, Insightful

      AFAIU it's not the motor cyclist who's facing 16 years. Or are you going to argue that videotaping is an act of wildly and dangerously breaking traffic law?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:There's a difference by Hognoxious · · Score: 4, Informative

      AFAIU it's not the motor cyclist who's facing 16 years.

      YUIW:

      Anthony Graber was riding his motorcycle on Interstate 95, and was
      confronted by a plainclothes Maryland State Police trooper as he came to a stop at an
      exit. Graber had a video camera prominently mounted on his helmet to record his ride,
      and the camera recorded the officer's actions and statements at the outset of the
      encounter

      However it shouldn't make any difference. Just because someone is guilty of X doesn't make him guilty of Y - each case should be decided on its own merits. This is why many jurisdictions don't reveal a defendants previous offenses to the jury.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:There's a difference by Anonymous Coward · · Score: 0

      The GP's point is that we're all guilty of something. If you're ok with the PD pursuing the wiretap charges only because the legal penalty for driving 127 mph through traffic is not harsh enough, then you have to be ok with the PD pursing other trumped-up charges because they believe the penalty for, say, spitting on the sidewalk is not harsh enough. Like charging someone with terrorism for popping soda bottles with water and dry ice. Crimes have penalties that the legislative and judicial branches have agreed are appropriate to the offense. Convicting someone of wiretapping just because he was driving recklessly is wrong.

    4. Re:There's a difference by Anonymous Coward · · Score: 0

      This is not flamebait at all. It's pretty easy to agree the cop was out of line. But please don't pretend that going up to 127 mph and doing wheelies in traffic is acceptable behavior - that's quite the extremity. You're only weakening your argument by trying to claim the motorcyclist was entirely innocent.

    5. Re:There's a difference by WNight · · Score: 1

      If he'd have lost the bike that may have been justified because he endangered people using it, but not to be locked up for recording his arrest. If anything, that produces a safer society by auditing law enforcement.

  30. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    >But States and more often, the Feds will indict you for offenses that carry insane sentences in order to convince you to plead out, as the vast majority of people do. I did. I was facing five life sentences plus 105 years for an offense no one had ever been jailed a day on before. If I went to trial and lost on one single count, I would have done fifteen years, mandatory. (No parole in feds, BTW...you do 87.5%) I signed for five years, did 52 months.

    Lol. Yeah I hear ya.

    >Now, would you have fought? Really?

    Best time is before your in custody.

  31. Re: by Anonymous Coward · · Score: 0

    The very second public officials -- be they law enforcement or not -- are legally protected from public scrutiny, our freedom is over.This officer, whoever he is, is *supposed* to be protecting the public, not operating as he or his department sees fit without the possibility of repercussions. This is BULLSHIT, plain and simple.

  32. Are you sure this wasn't in the UK? by clickclickdrone · · Score: 1

    Just saying, it's the kind of crap our goverment pulls (well, the last one, mainly)

    --
    I want a list of atrocities done in your name - Recoil
  33. A letter to our "friends" in law enforcement by Anonymous Coward · · Score: 0

    (Trying again, sorry if this is a repost)

    To Judge StupidWhoSignedTheWarrant and OfficerNe'erDoWell:

    We have studied your case, and we have determined two scenarios:

    1. You will throw a productive citizen in prison for the crime of catching you breaking procedure. This will cost the state his future income tax, property tax, registration fees, sales taxes, and various other regulatory fees, in addition to his productive life while we pay for his room in board to train him to be an actual criminal, assuming that he survives being in a prison he doesn't belong it.

    2. You will have cost the state several million dollars we have to pay him in a settlement because your ego couldn't stand that you got caught breaking your own rules.

    In either case, your actions will have cost the state millions of dollars, when we could have given you a two week "suspension" at the outset with an admonition of "there are camera everywhere now, you never know who is watching." Instead, you had to make an anatomical compensation, and we are paying the price for it. As a result, you will find that we are adjusting your taxes accordingly. I'm sure you're aware of the Department of Revenue's stellar relationship with the citzenry, and we hope you look forward with getting to know Agent BallSqueezer for the rest of your life.

    -The Citizens of Maryland.

  34. Re:"Facing" and serving are very different things. by houghi · · Score: 1

    Now I know where the music industry gets its ideas from.

    --
    Don't fight for your country, if your country does not fight for you.
  35. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I have one of many answers:
    Once convicted of a felony, it is hard to get a visa much less an immigration status to any 2nd world country.

  36. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    It's really not that easy to get OUT of this country either..

    Takes cash for one. And someplace to go. Which may or may not have their own set of insane rules about moving to that country.

    For the most part. America is still an 'ok' place. But it's about time to leave because it's getting worse.

    And the pisser is the only people who could actually FIX how fucked up our country is..... Are the ones fucking it up.

  37. People's Republic of Maryland by Anonymous Coward · · Score: 0

    If you ever have the misfortune to have to travel to Maryland, be sure to bring your passport so you can get back into the United States. As any former Maryland resident can tell you, the Maryland State Police have a long tradition of fascist behavior. During the corrupt tenure of former Maryland Emperor Schaefer, the State Gestapo were frequently reported for following persons who spoke out during the governor's speeches back to their homes and harassing them, even arresting them on trumped up charges of threatening Herr Schaefer. Whatever you do, don't talk back to one of the stormtroopers during a traffic stop. You'll get worked over with a nightstick, get arrested for assaulting the officer, and have your car stolen and sold at auction to pay for it all. If you simply can't avoid traveling in Maryland, then at least practice saying "yes sir, officer" in a mirror and make it sound *sincere*.

  38. Re:"Facing" and serving are very different things. by TheTurtlesMoves · · Score: 1

    And what did they find in your car?

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  39. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 2, Informative

    First thing you learn in a lawsuit (not criminal in my case, but same idea applies), is that the truth doesn't matter. Once you are in a lawsuit you are now playing a game and you have to do whatever it takes to win the game, whether that means maintaining your innocence when you are guilty or admitting guilt when you are innocent.

  40. You have to forgive many of us if we are skeptics by Sycraft-fu · · Score: 1, Informative

    I find it extremely hard to believe that you were charged with five life sentences for doing nothing. Not a whole lot of crimes carry a life sentence. What's more, to be charged with a federal crime, special circumstances have to apply.

    Also there is the simple thing that I heard from a friend of mine who interns with the public defender's office "I've never met a guilty man in jail." What he means by that is that EVERYONE claims they didn't do anything wrong. It is rare almost to the point of non existence to find someone who says "Ya I did what they said, I should be here." They all think they are innocent and come up with justifications.

    He, of course, sees the other side of that with people who are clearly guilty as hell that he helps represent.

    Plus there's your disdain for jurors. This "people too stupid to get out of jury duty," thing is very tiring. I've twice been called for jury duty, neither time chosen to serve, but not because I tried to get out of it. I'd gladly serve on a jury, it is my duty. The people that did get to serve were actually roughly as educated as the public, which is to say several had university degrees. Hell look at the recent Terry Childs case where all the geeks cried about how "stupid" the jury was... Only to find out that a CCIE sat on the jury and had extremely good reasons for why they voted how they did.

    So sorry, but I don't buy in to this "I didn't do anything wrong but somehow they managed to charge me with five life sentences!" thing. You have to go to something like committing a robbery using a gun minimum to qualify for a life sentence, and there has to be special circumstances that is a federal and not state matter.

  41. And they call Karzai corrupt! by kawabago · · Score: 2, Funny

    Obviously that community needs someone to protect them from the police. Crack whores?

  42. Meanwhile by Anonymous Coward · · Score: 0

    In Soviet Russia, police wiretap you!

  43. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I was facing five life sentences plus 105 years for an offense no one had ever been jailed a day on before.

    You have made me extremely curious as to what this offense might be. Would you consider please telling us more?

  44. Re:"Facing" and serving are very different things. by droopus · · Score: 5, Insightful

    Really? If you were completely innocent, but had been indicted on Federal charges that would most likely put you away for life if you blew trial, or you were offered a two year plea deal, you'd actually gamble your life on twelve people who hear a very colorized version of the truth?

    The cold facts:

    93.6% of Fed cases result in a guilty plea.
    75.6% of Fed criminal defendants are convicted following trial.
    97% of Fed criminal defendants are sentenced.
    82.8% of Fed criminal defendants receive a prison term.

    That's not guilty defendants: it's ALL defendants.

    Many of the people I met in Fed prison had either done nothing, or something so minor as to certainly not merit hard time. (I was a bit of a jailhouse lawyer..not much else to do.) I saw guys serving 20 years for making a phone call. I am not kidding.

    As I said, it doesn't matter at ALL whether you did it or not. It matters what you can prove. And trust me, it's YOU that needs to do the proving, innocent till proven guilty is BS.

    So, maybe you didn't do it, but you almost certainly will lose at trial. Yes, you''l be "right" and will have the moral high ground,..and wear khakis the rest of your life.

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  45. What if he shot the cop? by spidr_mnky · · Score: 5, Insightful

    I saw the video. The cop is in an unmarked car and plain clothes. He pulls up past the motorcycle while it's stopped at an exit, veers in front of it, stops, and gets out with a gun drawn, saying, "Get off the motorcycle. Get off the motorcycle! Get off the motorcycle. State police."

    So what if this guy had been exercising the second amendment, and happened to be an overconfident quick-draw artist, and got "lucky" enough to shoot first?

    Right up until he says "State police," it doesn't look like a traffic stop to me. It looks like a crime in progress. Even then, pretty much anyone can say "police". He could at least flash a badge. The video did cut off right there, but that was more than enough time for something bad to happen.

    1. Re:What if he shot the cop? by Anonymous Coward · · Score: 0

      Frankly, it looks to me like, as soon as the motorcyclist realized it was a police car that moved in front of him, he was backing up so he could get outta town. The cop saw him trying to amke a break for it, and that's why he pulls the gun, and tells him to get off the bike. Granted, he SHOULD have announced that he was "State Police" immediately, but
      a) Him producing a weapon looked like a response to a potentially fucked up circumstance, which is what he's trained to do.
      b) As soon as the motorcyclist stopped backing up, the cop tucked the gun away.
      Not a big fan of guns & authority, but in this circumstance, it looks to me like the police acted appropriately And, y'know, getting a driver who feels comfortable doing 127mph in traffic, off the road, is one of the reasons taxpayers are fund agencies like the State Police.

    2. Re:What if he shot the cop? by TapeCutter · · Score: 1

      Agreed, I think the cop in the video acted reasonably but the subsequent raid and charges for posting the video on YT are far from reasonable. Those actions have done nothing but distract attention from the fact the guy deserved to be taken off the road in the first place.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    3. Re:What if he shot the cop? by Anonymous Coward · · Score: 1, Insightful

      The guy on the motorcycle stopped and didnt try to get away at any time. A random dude draw a gun in front of him hello.. most people who think "fuck i upset a crazy dude hes going to shot me"

      Just with that I might try to run for it, not knowing it's a police officer. Speeding is one thing and arguably dangerous - or not -, yet no will to kill or endanger anyone. But pointing a gun at you now that is a very clear direct threat to your very life. That's also why cops are supposed to makes fewer mistakes than regular people. Of course, since they have the power, it does not happen, they make a lot of mistakes and don't even feel wrong for it.

    4. Re:What if he shot the cop? by Anonymous Coward · · Score: 1, Insightful

      The cop was in an unmarked car, no lights/siren, wearing plainclothes, and jumps out of his car with a gun drawn. It doesn't look like a traffic stop, it looks like a robbery or a road rage incident. It would have been a totally reasonable response for the guy on the motorcycle to floor it and get the hell out of there.

      What this cop did was enormously stupid. If the guy had panicked and floored it, he could have gotten hit or run over. This cop is going to get himself killed if he keeps acting like that.

      The appropriate response would have been to use his radio to call it in, and have a marked car make the stop.

    5. Re:What if he shot the cop? by uxbn_kuribo · · Score: 2, Insightful

      Yeah, but the video is muted until the unmarked car pulls up. If you look closely behind the motorcyclist, you can clearly see two marked police cars with their sirens on, also responding to the stop. It's pretty obvious that the video was muted because the guy was fleeing and eluding. You don't just wind up with two marked and one unmarked troopers on you all at once. Either way, though, it's still bullcrap that they're prosecuting him for filming the officer. Hell, we have TV shows that consist almost completely of officers' dashboard cams filming suspects. But when the shoe's on the other foot...

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
    6. Re:What if he shot the cop? by spidr_mnky · · Score: 1

      I'm not sure where you get sirens. If you mean the lights, I don't see those, either. Upon closer inspection, I do see the seal on the door of a car behind him, with another trooper getting out.

      The motorcyclist looks back just before that on the ramp, and I can't see any lights or marked cars. Presumably he didn't either.

      You raise a good point, though. It's muted right up until the end for some reason, and could obviously be cooked.

      I saw another good point floating around: The cop only momentarily had his weapon out, when the bike was rolling back, and it probably looked like the guy was about to bolt. It still amounts to a few moments when the only information the guy appears to have is that there is a stranger yelling at him to get off his bike, and the stranger has a gun.

    7. Re:What if he shot the cop? by CODiNE · · Score: 2, Interesting

      As a deaf guy this story kind of scares the heck out of me. Now if *I'D* been sitting on my motorcycle and some normally dressed dude runs up and points a gun at me while screaming who knows what...

      well I guess I'd just end up dead.

      --
      Cwm, fjord-bank glyphs vext quiz
    8. Re:What if he shot the cop? by Anonymous Coward · · Score: 1, Informative

      So what if this guy had been exercising the second amendment, and happened to be an overconfident quick-draw artist, and got "lucky" enough to shoot first?

      In Maryland the chances of you legally having a conceal carry permit are less than the chances of you successfully outdrawing a police officer with gun already drawn.

    9. Re:What if he shot the cop? by jafiwam · · Score: 4, Insightful

      Acting appropriately would be to tail the guy as long as is safe, and let the UNIFORMED police do the stop.

      Some random guy pulling a gun (which is what the video looks like is occurring) and chasing someone, boxing them in, is grounds for JUSTIFIED SHOOTING of that person. Trying to get away is a much milder and very sensible response to what the aggressive asshole in the car was doing.

      Someone saying they are a cop, does not make them a cop.

      The cop is stupid because he let his ego get him into a situation that could get him shot for no reason.

      Secondly, fuck your talk about traffic stops. This is not about traffic stops. This is about a corrupt police officer, in a corrupt department, backed by a corrupt district attorney.

      Losing this case will result in more dead cops. When it gets to the point that what is what should be a big ass speeding ticket and loss of license instead turns into a trumped up charge that will result in life destroying federal prison sentences. Some people will just shrug, and then open fire on the cops.

      Speeding is small potatoes compared to what this case could do in the long run. I know Slashdot is full of nearly autistic detail picking dumbshits, but come on, see the big picture for once.

      And then post it on YouTube. ;)

    10. Re:What if he shot the cop? by Robert+Zenz · · Score: 1

      Speeding is one thing and arguably dangerous - or not -, yet no will to kill or endanger anyone.

      At 127mph you endanger everyone on that road! And if you say "but I don't endanger anyone, if I have an accident it's just me!" your driver license should be revoked immediately!

    11. Re:What if he shot the cop? by roman_mir · · Score: 1

      I am quite certain that if a person is deaf and cannot use hearing aid to hear, he can't drive and there are good reasons for that, for once you can't hear any siren, be it a cop or a firetruck or an ambulance. You can't hear car horns, you can't hear any noise that you should hear on the road.

    12. Re:What if he shot the cop? by whoop · · Score: 1

      I figured it was muted because 99% of the audio would just be wind. I have heard going 60-100mph on a motorcycle causes quite a bit of air to pass over a microphone...

    13. Re:What if he shot the cop? by CODiNE · · Score: 1

      You are quite wrong about deaf being allowed to drive, in many countries it's legal and quite common.

      Studies have repeatedly shown that deaf drivers are as safe as the average driver is, no increase in accidents are incidents on the road.

      --
      Cwm, fjord-bank glyphs vext quiz
    14. Re:What if he shot the cop? by Late+Adopter · · Score: 1

      You're certain, but you're wrong, at least in two states my entirely deaf relative has lived (CT,MD). There are multiple ways people are alerted to emergency situations (flashing lights), and people are generally responsible for their own awareness of what's going on around them in the first place (mirrors, etc). Deafness might make it a small bit less safe to drive, I'll concede, but the state has decided that small amount isn't worth making it even harder for handicapped people to live their lives as normally as possible.

    15. Re:What if he shot the cop? by Legion303 · · Score: 1

      Given that the cops can shoot at an unarmed street vendor 41 times and only hit him 19, I have every confidence the man could have outdrawn a cop with his gun pointed at the ground. It's not like these morons actually spend time at the range. Getting shot at by a cop seems to be safer than bungee jumping.

    16. Re:What if he shot the cop? by Culture20 · · Score: 2, Insightful

      That explains the idiots I've seen who try to beat an emergency vehicle through an intersection. They're deaf... and apparently blind too. I've been in a situation where I didn't hear or see an ambulance, but everyone on the other side of the street was stopped on green and didn't go. Radio + trees made the ambulance silent to me, but a little situational awareness made me safe. Considering that everything is always silent to deaf folk, they must rely on visual cues, which work in the majority of cases.

    17. Re:What if he shot the cop? by MirthScout · · Score: 1

      As long as you understand that it is possible to be quite certain of something and still be wrong you might learn something. Completely deaf people are allowed to drive in the US.

    18. Re:What if he shot the cop? by ChilyWily · · Score: 1

      Yep. We have had a rash of people posing as plainclothes Police. They have been stopping Senior citizens and attractive women/teens by creeping up behind them, flashing red and blue lights (behind their vehicle's grill) and asking for everything from money to sexual acts and in general scaring people.

      Local government/police now want people to call 911 when they are being followed by a vehicle that does not have police markings before stopping.

    19. Re:What if he shot the cop? by NiteShaed · · Score: 1

      I am quite certain that if a person is deaf and cannot use hearing aid to hear, he can't drive

      You're certain, huh?

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    20. Re:What if he shot the cop? by roman_mir · · Score: 1

      yes yes yes, five people already commented that I am totally wrong, that deaf people are allowed to drive legally in different places.

      It does not it right, but it makes me wrong. Thank you, for being the person #5, I am sure more will comment.

    21. Re:What if he shot the cop? by Anonymous Coward · · Score: 0

      So by this logic, loud car stereos should also be illegal.

    22. Re:What if he shot the cop? by roman_mir · · Score: 1

      Here is an answer for you. In Baden Baden I was driving once with a stereo on very loud, a cop pulled up beside me and actually insisted I reduce the volume, because get this, he said it was illegal to have very loud and not to hear what's happening around.

      Depends on the place.

    23. Re:What if he shot the cop? by NiteShaed · · Score: 1

      Thank you, for being the person #5, I am sure more will comment.

      Well, now you're up to 6, so you're right about that at least.

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    24. Re:What if he shot the cop? by b4upoo · · Score: 1

      Gestapo anyone? The very idea that any person could ever be arrested for filming in a public place is absurd and fills me with terror. It also scares the hell out of me that any cop could be idiot enough to draw down on someone before showing a badge or making certain that the target knew that he was a cop. That cop is very lucky to be alive. And he is so stupid that he needs to never be allowed access to weapons again.
                      For folks with a gun carry permit the law frowns on displaying a weapon. If that pistol comes out the trigger gets pulled. In other words my state does not allow a person to display a gun to fend off an attacker. But we are allowed to shoot an attacker. So if you see an unidentified person pointing a gun at you and you are skilled enough you shoot them. Dumb cop!

    25. Re:What if he shot the cop? by Culture20 · · Score: 1

      Talk about serendipity. I was on my way into work not an hour after posting and was behind a lady at the stoplight. She was gesturing to her child in the back seat, and I realized her motions were ASL. "Wow! I was just posting about this on /.", thought I. The light turned green, and she sped up to 45mph on the 50mph speed limit road, and I watched in horror as she continued to look at her child in the mirror and sign With Both Hands for at least five or six more seconds (long enough that I passed her because she was slow and dangerous). She's a baaad example, and she shouldn't be on the road, but I felt the need to post to partially vindicate the GP post.

    26. Re:What if he shot the cop? by zildgulf · · Score: 1

      So if the motorcyclist gets the 16 years the lesson is to shoot the "gun-waving idiot" immediately after you say "FREEZE!" because you will be serving lots of time anyway, right?

      That cop better thank his lucky stars that he wasn't killed on the spot.

    27. Re:What if he shot the cop? by Anonymous Coward · · Score: 0

      The guy on the motorcycle stopped and didnt try to get away at any time.

      Baloney. Watch again. He comes to a complete stop, then the car pulls in front of him. He waits a few seconds, then starts rolling his bike backward. At that point, he almost certainly has seen the lit cop car coming up the ramp in his mirrors, and/or figured out that the car in front of him is assisting. It's pretty clear in my mind that he's going to rabbit.

      But pointing a gun at you now that is a very clear direct threat to your very life.

      If you are going to pose this argument, you can't make things up. The cop didn't point the gun at the biker, he produced it, but kept it aimed down and away from everyone, and immediately holstered it when the biker was clearly complying.
      You are also incorrect in your generalization that "Of course, since they have the power, it does not happen, they make a lot of mistakes and don't even feel wrong for it." because I seriously doubt this is true of most cops, and based on the way this cop is acting, I'd bet dollars to doughnuts that he isn't one of the crooked ones that you only see. This cop looks all right to me - he'd probably stick his neck out for you and yours, if some criminal was after you.

    28. Re:What if he shot the cop? by Anonymous Coward · · Score: 0

      As a "may issue" state, it's fairly safe for cops in MD to wave their guns around at citizens. That cop, admittedly, wouldn't live too long in a shall issue state.

  46. Re:"Facing" and serving are very different things. by noidentity · · Score: 2, Informative

    Many people say they would, but it's a lot different when you are considering giving your life to 12 people too stupid to get out of jury duty.

    Why your contempt for juries? It's the last line of civil defense against unjust laws.

  47. Maryland Cops by funkboy · · Score: 5, Interesting

    This is the gazillionth story I've heard of Maryland cops wantonly abusing their power.

    The most blatant one I've heard happened to a coworker of mine from Bethesda in about '98. His car had been stolen and was reported to the police about a month prior to the incident. The police had actually recovered his vehicle and he had picked it up at the city impound lot earlier in the week.

    On a Friday night, he was pulled over while riding with a friend. The cops ran to his car with guns drawn, pulled the doors open, dragged them out of the car, forced them to the ground, and kicked the crap out of them. All the while they were both of course shouting that this was their car and trying to show ID etc.

    After they were both beaten into submission, the cops did eventually look at the car papers and ID, and then verified with their dispatcher that the car had been recovered that week, after which they simply drove away. I believe there were exchanges of something along the lines of "you have no proof of anything".

    Now, my friend should have gotten a lawyer, but where he messed up was that he & his dad went to the police station to complain, which got them basically nowhere. Actually this was also about the time he left our mutual employer and we haven't really discussed it since, so I'm not sure how it turned out in the end.

    1. Re:Maryland Cops by Skapare · · Score: 1

      Your friend was probably told by the police, when he complained, that he "faced" 10 years in prison for resisting arrest at that confrontation.

      --
      now we need to go OSS in diesel cars
    2. Re:Maryland Cops by spidr_mnky · · Score: 1, Interesting

      If your friend was in a situation with cops that seemed that serious, and he was shouting and trying to pull something out of his pocket, your friend was being stupid.

      Yeah, the police should have had their records straight. Yeah, they might have been too quick to use brute force. But at the point they're looking at what they think are a couple of car thieves who are being loud and appear to be trying to draw weapons, you can expect someone to get fucked up.

      There are plenty of stories about abusive cops. That isn't one.

    3. Re:Maryland Cops by oji-sama · · Score: 1

      There are plenty of stories about abusive cops. That isn't one.

      In my country it woud be. YMMV.

      --
      It is what it is.
    4. Re:Maryland Cops by 2obvious4u · · Score: 3, Interesting

      I had that exact situation happen to me, it cost me $3000 in lawyer fees to get out of the "resisting arrest" charges. Since then I've had no love for those who "keep the peace".

    5. Re:Maryland Cops by Legion303 · · Score: 1

      "There are plenty of stories about abusive cops. That isn't one."

      Well, we can't be too careful. It sounds like all Maryland cops need to be shot in the face, just to be on the safe side.

    6. Re:Maryland Cops by Anonymous Coward · · Score: 0

      If your friend was in a situation with cops that seemed that serious, and he was shouting and trying to pull something out of his pocket, your friend was being stupid.
      Yeah, the police should have had their records straight. Yeah, they might have been too quick to use brute force. But at the point they're looking at what they think are a couple of car thieves who are being loud and appear to be trying to draw weapons, you can expect someone to get fucked up.
      There are plenty of stories about abusive cops. That isn't one.

      On a Friday night, he was pulled over while riding with a friend. The cops ran to his car with guns drawn, pulled the doors open, dragged them out of the car, forced them to the ground, and kicked the crap out of them. All the while they were both of course shouting that this was their car and trying to show ID etc.

      After they were both beaten into submission, the cops did eventually look at the car papers and ID, and then verified with their dispatcher that the car had been recovered that week, after which they simply drove away. I believe there were exchanges of something along the lines of "you have no proof of anything".

      So the part about being dragged out of his car, forced them to the ground, kicked the crap out of them before identifying them or letting them identify themselves is? When should they have tried to ID themselves?

      You're a stupid troll.

    7. Re:Maryland Cops by SleazyRidr · · Score: 1

      So think being pulled out of a car and getting kicked is reasonable?

      Where do you live, and what sort of car do you drive? I'd like to test a theory.

  48. They should have some privacy by Anonymous Coward · · Score: 1, Insightful

    Cops on duty shouldn't have any privacy. Everything they do should be recorded (except when cost would prohibit recording). As a tax payer, and therefore, the employer of all police officers, I want to make sure my employees are behaving.

    I disagree with that to some extent.

    Cop is on duty even when he goes to bathroom. Cop is on duty even when he sends an e-mail to his doctor (I'm assuming that the goverment offers them some form of healthcare, though I'm not familiar with how the system works in USA) about some problem of his. Cop is on duty when he asks that secretary from another department to go out with him. Cop is on duty when he tells a (perhaps slightly sexist or the like) joke to a co-worker... IE: They are workers and humans like all of us. I think we are only shooting ourselves in the foot if we try to rob them the amount of limited privacy that pretty much all other employees can expect. Even though I don't have anything that big to hide at my workplace, I would be calling my union if the boss tried to record every minute of my life there. If the union couldn't help (in my country, I'm pretty sure they could), I would find another place to work. If that wouldn't be an option, I would continue working there but be a lot more dissatisfied and angry about my job, life, etc... Which might not be what you want if my job might involve me pointing a gun at you!

    What I am arguing for is their limited privacy even on duty because very few of us actually work nonstop from the time we go to work to the time we leave. We need some socializing with co-workers, breaks, a moment of browsing slashdot... Without fearing that all of that is recorded (Or worse: the records are made public and some "journalist" goes through all of them trying to find something that he can misinterpret to make it scandalous). Many people seem to think that public employees don't deserve that same time but I am fairly certain that if we took it away from their, there would be a lot of negative consequences.

    I am not saying that this privacy extends to everything they do. Arrests, pulling people, over, etc. should always be recorded. If for no other reason, then because those are likely to be used as evidence in court. I'm not comofortable with "A cop's possibly honest, possibly accurare memory of the events" vs. "Another person's possibly honest, possibly accurate memory of events" being seen in court (and defaulting to "The cop is right")

    1. Re:They should have some privacy by DaleSwanson · · Score: 1

      Replace "on duty" with "conducting official business".

  49. That's why he videod it by Anonymous Coward · · Score: 0

    That's why he videod it, so that you would not hear only the cop's side of the story.

    And for that, he's facing 16 years and has had grand theft committed against him.

    The speeding ticket and citation have already passed.

  50. whont hold up in court. by luther349 · · Score: 2, Insightful

    its aruldy been ruled videotaping a cop is not illagle. its just the police trying to get back at the guy for catching there buddy acting like a shitbag. been a few of these cases latly and every time the cops lose. as for the whole the guy will never find a job again i dought it. its only a traffic charge and a made up wiretapping charge that won hold up in court. its not its robbery assult or anything like that and employers ignore traffic charges unless you apply for a driving job. as for not getting his stuff back when he wins his court case they have to return everything if they dont he can sue them for it.

  51. Geek by romania · · Score: 0

    Gee! Four computers and living in the partents' house? That would teach'm some independence and cut down on his time spent online!

    --
    http://www.accountkiller.com/removal-requested
  52. Re:You have to forgive many of us if we are skepti by droopus · · Score: 5, Interesting

    Really? Anything that involves interstate commerce can immediately be classified as federal. And it's easy to classify anything has having an effect on commerce.

    I did not say "I didn't do anything." I said "I was facing five life sentences plus 105 years for an offense no one had ever been jailed a day on before. " And that is absolutely true. In fact, I filed my own 2255 collateral attack and the judge issued a sua sponte ruling (in violation of Greenlaw) using Gonzalez v Raich, a 9th Circuit medical marijuana case, which states that the Government can regulate noncommercial INTRAstate activity in which it has an interest. (See Wickard v Fillmore.) No "special circumstance.." the Feds just need to have an interest in you.

    As for only "robbery with a gun" being an example of a life sentence requirement, that's bollocks. Feds operate on a very strict numerical system, (even though Booker says it's all advisory.) See this table? All you need to do is get up to Offense Level 37 with a few priors and you're gone forever. Or get a few 924(c) counts, the third of which puts you away for life, mandatory. There are white collar guys who are doing life because their dollar amounts are high. Bernie Madoff didn't use a gun, did he? How about Jeff Skilling? A guy who sells small amounts of drugs three times does 20 years, mandatory because of 18 USC 851.

    You can do life for conspiracy. If I call you and ask "hey want a pound of blow?" and you simply say yes, you can be indicted on a pound of blow..at least 15 years. No blow needs to exist. Happens every day.

    Just cause you have a pal who happens to work for a PD doesn't mean you understand just how unjust the system is. Actually, at the spot I served, I never saw a single inmate who claimed to be innocent.

    I'm just suggesting people be very careful.

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  53. Re:You have to forgive many of us if we are skepti by TheTurtlesMoves · · Score: 1

    Plus there's your disdain for jurors. This "people too stupid to get out of jury duty," thing is very tiring. I've twice been called for jury duty, neither time chosen to serve, but not because I tried to get out of it. I'd gladly serve on a jury, it is my duty.

    When people complain about stupid jurors, I ask how many times they have tried to get out of it. I think its my duty too. But unfortunately I was reject on both occasions since I have a Masters Degree. That meant i am not the 95% or whatever of the general public and was successfully challenged by the prosecutor.

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  54. Many unanswered questions... by SystematicPsycho · · Score: 2, Insightful

    An unmarked police car pulls a guy over and the cop jumps out with a gun... at what point was the motor cyclist supposed to turn off the camera - after the fact he didn't know it was a police car? We don't know the history of the person being pulled over, for all we know he was a person of interest to the cops (his name popped up on the computer after the cop checked the registration of the bike then the cop proceeded with caution by pulling out a gun - maybe the motorcyclist had prior "dangerous" convictions?). Regardless, they might have had nothing on him and are using the "make an example out of him" method making his life hell. How many riots, uproars have happened when someone has video taped a cop? Authorities want to get the message across of don't do it or else this will happen to you... Anyway, if the filming part was so bad why didn't they confiscate the camera? How did the video end up on the internet?

    --
    Analytic & algebraic topology of locally Euclidean meterization of infinitely differentiable Riemmanian manifold
    1. Re:Many unanswered questions... by JoeInnes · · Score: 1

      As I understand it (usual disclaimer, IANAL etc.), the law under which he is being prosecuted is a law designed to protect people from wiretapping. Most states have a one party rule, which basically means that a third party can't record a private conversation between two people, but either of the participants in the conversation can (the "one-party" bit referring to how many parties to the conversation have to be aware of the recording before it is legal). Maryland, on the other hand, has a two party rule, which means that nobody is allowed to record any private conversation unless all participants are aware that the conversation is being recorded. So, the motorcyclist was supposed to turn off the camera as soon as a private conversation began. The problem here is that the guy who recorded the conversation either a) did not know about this law, or b) did not believe it applied in this instance [in the interests of even-handedness, I should probably add "or c) knew about the law, knew it applied, and violated it anyway"]. The real issue is that the guy, and most of the commenters here, by the looks of things, do not believe a traffic stop in a public place constitutes a private conversation between the individual and the police officer.

      This is where things get a little tricky, because (at least in the UK), if you are stopped by the police, you are legally required to give your name and address, which is private information. So we have a situation where two individuals are in a situation where one party is unable to legally refuse to give private information in a public forum - so why is this conversation not afforded any sort of privacy rights? On the other hand, it's quite clear that, as others have said, if, for example, you are filming a school play by your child, and the couple next to you have a private conversation, they have no reasonable expectation of privacy.

      My personal opinion is that technically, legally, Maryland probably have the slight upper hand, however, any jury that finds for them should be shot. I also believe though, that this is a use of the law outside of the spirit in which it was written, so there is a case for the defendant there. I shall be following this with interest.

    2. Re:Many unanswered questions... by Anonymous Coward · · Score: 0

      So true! Exactly at what point was it even safe for him to turn off the camera??? He could of have been killed on the spot for making any movement that he was not instructed to. This really boils my friggin blood!

  55. Re:"Facing" and serving are very different things. by TheTurtlesMoves · · Score: 1

    They found 5 bodies in the trunk :)

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  56. Rodney King by Anonymous Coward · · Score: 0

    Cops have hated being filmed ever since Rodney King.

  57. Um... by Anonymous Coward · · Score: 0

    Why is this criminal and not a civil suit?

  58. Why People Hate Cops by Anonymous Coward · · Score: 0

    Pretend you see a cop. Pretend you’re doing nothing illegal. Pretend you don’t need police protection. You’re minding your own business, and BAM, you see a cop. What do you feel? Right then. In your gut. On a scale from minus five (fear or loathing) to zero (nothing) to plus five (warmth, comfort, safety).

    For more than a decade I’ve asked hundreds or even thousands of people this question, and the long-term average is about minus three.

    Why People Hate Cops

  59. Ken Rossignol by gmhowell · · Score: 1

    Ken Rossignol was on the scene with a related case. His website looks like crap, he's horribly biased, and generally crazy, but I prefer his rag to that published by the Washington Post.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  60. Re:"Facing" and serving are very different things. by Totenglocke · · Score: 0

    I have an honest question for you: Why the fuck do you still live in that country?

    Well, EU law makes it quite hard for an American to move to the EU or the UK. Due to their labor law demanding that jobs only be given to EU / UK citizens or spouses of citizens, it makes it extremely hard for someone to move to the EU, get a job in their field, and then become a citizen.

    I've looked into it, not that the 60+% taxes really make it appealing.......but when you're unemployed, you look at all options.

    --
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  61. Re:You have to forgive many of us if we are skepti by Totenglocke · · Score: 1

    The people that did get to serve were actually roughly as educated as the public, which is to say several had university degrees.

    Yes, but having an education doesn't mean you're intelligent. Congress if full of people with bachelor's degrees, masters degrees, J.D.'s, and M.D.'s - yet only a very small handful of them are intelligent.

    --
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  62. Re:"Facing" and serving are very different things. by Lazy+Jones · · Score: 1

    a place where cops are practically untouchable,

    Seriously, please name a place where this isn't the case, I'm very interested ... The closer you look, the harder it is to find one.

    --
    "I love my job, but I hate talking to people like you" (Freddie Mercury)
  63. soviet usa by Anonymous Coward · · Score: 0

    Said it before and w'll say it again FUCK SOVIET USA!!

  64. Re:"Facing" and serving are very different things. by tehcyder · · Score: 1

    I was facing five life sentences plus 105 years for an offense no one had ever been jailed a day on before.

    I love the "plus 105 years" bit, you couldn't make it up.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  65. Re:"Facing" and serving are very different things. by tehcyder · · Score: 1

    I have an honest question for you: Why the fuck do you still live in that country?
    Honestly, a place where cops are practically untouchable, the justice system amounts to "plea guilty and do a few years, or else...." and guilt is determined by your average group of mouthbreathers with an extremely mis-placed sense of justice on a power-trip. Why the hell would anyone want to live there?

    You just hate freedom, and are therefore a terrorist. Be prepared to be extraordinarily renditioned.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  66. The Police love technology until.... by Tootech · · Score: 2, Interesting

    Well I think everyone would have seen this coming, for years the Police all over have used CCTV and any kind of camera images still or video to look for people and even ask the publics help in finding individuals, they use it in bait cars and in surveillance and of course they love it and use it in the courts regularly. I find it hypocritical that they want to use the technology as long as it isn't being iused against them. How many case have been caught on tape by their own Police dash cams ( If you remeber the 4 police officers that were hatching how to frame an accident one of their officers caused against the driver of the car the officer hit ) as an example, and how many other instances were the Police were saying to the public in a press release put out by their OWN infomation office of how an incident went down and then a tape pops up showing different. In the eyes of the court an officers word carries a lot of weight over an individuals word. This smacks of intimadtion, There are a lot of instances were the Police and Prosecuters take a law and twist and turn it to use as an an advatgae and not within the bounds it was mean for... and I think this case is a prime example of that. If you have honest Police officers doing nothing wrong, well then the tape will show that, so why would they be concerned. I think even though this could be the case here I think the Police are doing what The Chinese goverment does to its people " We will tell you what the truth is, Not what you see or hear " . If something had happened during this traffic stop to the officer , do you think the Police would be going after this guy for taping it? I doubt it, my guess is they would be seeking the tape to help prove and prosecute the case against the individual. This comes across to me as they dont want anything out there that could be used against them. I think this is beyond a blatant abuse of the law.

  67. Stupidity at its best! by Kentaro · · Score: 2, Funny

    That's the reason why I will never ever go to the US.

    http://www.dumblaws.com/

    I might do something accidently wrong and face prison. No, thank you.

    1. Re:Stupidity at its best! by Anonymous Coward · · Score: 0

      I checked that site. Their editorial staff apparently thinks "Beverages containing more than 4." is a self-evident law text. There are plenty of dumb laws, sure, but that editing is worse than slashdot!

    2. Re:Stupidity at its best! by Anonymous Coward · · Score: 0

      but we love you anyway from afar, only more so now that our dream of having you visit and imprisoned seems altogether unlikely
      in the mean time we will wait for you behind every corner - hiding in every shadow
      yours truly,
      EVIL IMPRISONING AMERICANS

    3. Re:Stupidity at its best! by Rob+the+Bold · · Score: 1

      That's the reason why I will never ever go to the US.

      http://www.dumblaws.com/

      I might do something accidently wrong and face prison. No, thank you.

      True, we've got several websites dedicated to exposing stupid/antiquated/ridiculous laws in the US. But just because a given country doesn't have a website dedicated to its dumb laws doesn't necessarily mean it doesn't have any. So I'm not sure if you can be certain that any state is completely dumb-law-free, "absence of evidence" and all.

      --
      I am not a crackpot.
  68. Re:"Facing" and serving are very different things. by Splab · · Score: 2, Informative

    Bullshit. Complete and utterly uninformed bullshit.

    1. UK is part of the EU.
    2. Nowhere is it a requirement to be a citizen, nor a spouse of a citizen. There are rules for minimum wages you must earn in order to have permission to stay in some countries, but thats it.
    3. The 60%+ taxes are very very localized (specifically Denmark), and they only apply to the very highest paid citizens (you are taxed based on your income) - you should keep in mind that higher taxes equals higher wages.

    But having a mindset like yours you should stay where you are.

  69. Re:"Facing" and serving are very different things. by jbssm · · Score: 5, Informative

    I've looked into it, not that the 60+% taxes really make it appealing.......but when you're unemployed, you look at all options.

    60% taxes, where? I would say, that the most taxing countries (France for instance), get at most 50%. But look at it in another way, yes, you pay 50% taxes, but that comes with UNIVERSAL health care, real rights to the ones that get unemployed, children support, practically FREE education all the way until the end of college (ok, in some countries you have to pay like €1000 per year when you are in the University, but in some other, they actually pay you to go to University, although it's just something like €300 per month).

    And beside, what really kills me, is how you Americans just care about the money. Man, quality of life is much more than the money. It's support when you need it. It's knowing that you are protected in case something goes wrong and it's not entirely your fault, it's good climate (well, this only applies to Souther Europe), it's culture for free, it's really good food (once again ... only in southern Europe :D), it's living in a city where you don't have to drive every morning to work cause the public mass transport system is really effective or because the centre of the city is also occupied by it's citizens ... well, it's a very big bunch of many other things.

    I might not be rich ... but then again, I have everything I need to be happy, so what's the problem?

  70. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I have an honest question for you: Why the fuck do you still live in that country?

    You know, contrary to what US-Americans often seem to think, you can't just go anywhere in the world, say "Here I am!" and expect to be welcomed with open arms.

    Emigration always and by necessity entails immigration. And immigration means moving INTO a country, and that country will have rules and regulations for doing so, and will reserve the right to reject people... and they WILL reject people.

    It's not impossible, but it's not easy, either, and it's certainly not guaranteed. What's more, if you've already served a significant amount of jailtime (4+ years is a significant amount), quite a few countries might well reject you on those grounds alone.

    It's not as easy as moving to a different city or even a different state, you know. You don't have a right to move to any other nation.

  71. Wait, what? by popo · · Score: 4, Insightful

    Wait. What? Why is this a troll. Someone help me out here.

    The law AFAIK is quite clear: Unidentified man, in unidentified car leaps out pointing a gun at you? YES, you are within your rights to SHOOT HIM IN THE FACE.

    IANAL, but am I wrong here???

    --
    ------ The best brain training is now totally free : )
    1. Re:Wait, what? by jafiwam · · Score: 1

      Because, in that situation, on the bike, with a small pistol, you shoot for the center of mass numbnuts.

      Two to the gut, one to the chest cavity.

      Considering the cops I see, the gut is the easiest shot.

      Head shots are for noobs and video games.

    2. Re:Wait, what? by couchslug · · Score: 4, Insightful

      You weren't in error at all. Some people are offended by the concept of self-defense, but if your only option to instantly stop an obvious assailant is to disable their central nervous system by "shooting them in the face" that is what to do.

      Some are of the belief that the victim is worthless, the assailant is the victim of society (weeps...), and that you should wait to be mugged or injured rather than shoot back.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    3. Re:Wait, what? by cptdondo · · Score: 1

      I'm not a gun wielding maniac, nor do I own a gun. But I've spent time in the military, and that coming out of the car, with the gun held surreptitiously at his side, made my hackles stand up. If I'd been carrying an M16 or a 9mm, I'd be off the bike, seeking cover and firing.

      Wasn't this an MO of some rapist a few years ago? Bogus pull over stops, impersonating an officer, and such? Don't cops warn against such behavior?

      That cop is lucky to be alive.

    4. Re:Wait, what? by Anonymous Coward · · Score: 1, Insightful

      Yes, there are times when I do have the right to defend my own life against a potentially mortal threat. Only a liberal douchebag would presume to tell a person that they don't have the right to use whatever force is necessary to defend their own life. I know it may seem strange to a scared little puke like you, living in the perceived safety of his own kumbayah bullshit delusions about the world. Here's how things work in the real world, son: if you come at me pointing a gun you'd better damn well squeeze the trigger because you've got about 2 seconds before I put a couple of half-inch hollowpoints in your gut and let you bleed out as I whisper into your ear that my next stop is your mother's house, your severed head in my hands, to inform her what an epic failure she was as a parent.

    5. Re:Wait, what? by iamhassi · · Score: 2, Informative

      " Unidentified man, in unidentified car leaps out pointing a gun at you? YES, you are within your rights to SHOOT HIM IN THE FACE."

      At first I have to admit, I thought that sounded a bit nuts, but after watching the video where he jumps out of a old Malibu and gets out a gun yelling "GET OFF THE MOTORCYCLE!" I'd have to agree with you, I think if I was that motorcycle driver I would have got out of there quick.

      Look at this photo and tell me you're not thinking "ROAD RAGE/CARJACK"

      --
      my karma will be here long after I'm gone
    6. Re:Wait, what? by 91degrees · · Score: 1

      It's not about the the victim being "worthless". Geez, talk about a strawman.

      It's a belief that life is precious. Yes, a mugger's life is more important than your wallet. No, it's not more important than your life. Whether your life or wallet is in danger is a matter of making a judgement call.

      Even if you do defend yourself against an attacker, it's still something of a tragedy that you were forced to kill another human being. If it were the case that this was actually a person who has no harmful intent, and simply a cop being a little too twitchy, I'd consider it an even greater tragedy.

    7. Re:Wait, what? by couchslug · · Score: 1

      "Yes, a mugger's life is more important than your wallet. No, it's not more important than your life. "

      The society one protects by not waiting to find out if the mugger is a gentleman bandit or a psycho who will give you a kerbie is worth more than the muggers life. The mugger volunteered to die when he chose to mug. No means no. Don't mug, end of story.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    8. Re:Wait, what? by Culture20 · · Score: 1

      At first I have to admit, I thought that sounded a bit nuts, but after watching the video where he jumps out of a old Malibu and gets out a gun yelling "GET OFF THE MOTORCYCLE!" I'd have to agree with you, I think if I was that motorcycle driver I would have got out of there quick.

      Hell, I would have driven the motorcycle into the guy and smashed him against his car. It's the only weapon immediately available when a crazed attacker is obviously threatening one's life.

    9. Re:Wait, what? by Byzantine · · Score: 1

      I think you were trying to be funny. A head shot is perfectly fine—if you can hit it,[1] and you're trying to kill someone, both of which are pretty damn big conditionals. People are told to aim for the center of mass for two reasons:

      1. It's a hell of a lot easier to hit at any random distance.
      2. More importantly, it's less likely to kill someone (the weapon in question and its ammunition obviously play a role in this also). You then remove not only the guy you shot from the firefight, but also his two buddies who carry him off.

      [1] I originally wrote "if you can do it," which could have been ambiguous; I was specifically referring to the shooter's skill. I'd guess that shooting someone in the face is also psychologically harder for the untrained than a body shot, but I have no data.

    10. Re:Wait, what? by 91degrees · · Score: 1

      Like I said, it's a judgement call. If I genuinely couldn't determine his intentions then I'd have to shoot. If I could I wouldn't use what he "might" do as a faux justification to kill someone to protect replacable property. The test I think would be whether I'd be willing to go to prison for second degree murder if I was wrong.

      The mugger volunteered to die when he chose to mug. No means no. Don't mug, end of story.

      Rather a black and white way of looking at tings though. I mean if someone threw themself in front of my car, I'd be pretty distraught about that as well, and do whatever it took to prevent injury even though it was entirely their intention to do so. Likewise, justbecaue a mugger has chosen a reckless course, doesn't mean I wish to help him in his self destruction.

    11. Re:Wait, what? by Rary · · Score: 1

      Unidentified man, in unidentified car leaps out pointing a gun at you?

      You missed the part where the unidentified man in the unidentified car was accompanied by a marked patrol car which had pulled the motorcyclist over.

      What the cop did was stupid. What the department has done subsequently is even stupider. But the motorcyclist, who was also being a complete retard, knew exactly who this guy with the gun was, and the cop knew that the motorcyclist knew this— although the first words out of his mouth still should have been "State Police".

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    12. Re:Wait, what? by Chibi+Merrow · · Score: 1

      I mean if someone threw themself in front of my car, I'd be pretty distraught about that as well, and do whatever it took to prevent injury even though it was entirely their intention to do so.

      Well, no crap! They might damage your car! And when they're dead, who's gonna pay for it?

      Seriously, though, apples and oranges. Hitting the person diving in front of your car is putting yourself in danger (though swerving to miss him or her may be putting others in danger, something to think about...) Shooting the dumb fuck who decided your money was worth more than his life is taking yourself out of danger. No comparison.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    13. Re:Wait, what? by 91degrees · · Score: 1

      But you see, there's the difference in viewpoint. I consider the life of others to have equal value, whereas you apear to consider the life of others to have the value they place on their own life.

      Which is fine... Just pointing out that simply beieving that the mugger's life has some value doesn't diminish that of the victim; just the victim's property.

    14. Re:Wait, what? by Anonymous Coward · · Score: 1, Interesting

      As a regular motorcycle rider and concealed weapons permit holder, I can tell you that cop needlessly endangered himself and others by cutting off the motorcycle in an unmarked vehicle (I haven't seen the details on whether or not there were blue lights displayed on the vehicle somewhere), jumping out while not wearing a uniform and with a gun drawn.

      On a bike you don't have as many options to get to a gun since you're usually using both hands to drive, so instead the smart option is to flee since you have superior speed and turning ability compared to most road ragers (and it's harder to hit a moving target). Given when I saw in the video, I would have run from the guy if I didn't see lights first.

      That's really not the important part of this story, though. I can't believe the rider is facing jail time for this. I have a camera with me most times on my bike to cover my butt when (inevitably) somebody almost kills me in traffic because they weren't paying the attention required when operating a 2000+ pound vehicle at high speed loaded with toxic chemicals and flammable liquid.

    15. Re:Wait, what? by Chibi+Merrow · · Score: 1

      But you see, there's the difference in viewpoint. I consider the life of others to have equal value, whereas you apear to consider the life of others to have the value they place on their own life.

      I'll have to respectfully disagree. Though your misunderstanding is probably my own fault in lack of explanation.

      I do find other's lives to be equally valuable to my own--in fact, probably of greater value in many cases. I would be very saddened by someone throwing themselves in front of my car as they were someone who needed help.

      A mugger holding someone up via the threatened use of lethal force, however, has forfeited any value their life once held to me. They are threatening the most sacred right of another sentient being for material gain. It is BECAUSE of the value I place on their victim's life that I consider the mugger to be worthless scum to be scraped off of humanity's collective boot.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    16. Re:Wait, what? by Lifyre · · Score: 1

      At least one person around here understands a little about how to use a gun... Except it's two to the chest, never the gut. If you want to follow on you shoot him in the head or the pelvis.

      --
      I'll meet you at the intersection of "Should be" and "Reality"
    17. Re:Wait, what? by Anonymous Coward · · Score: 0

      The curse of Anonymous Cowards being able to stay anonymous...they're typically increasingly left wing nutters who attempt to craft everything as a right-wing conspiracy.

      The truth of the matter is, the law IS explicit- and the LEOs aren't there to protect you, they're there to enforce the law. Which, if you're lucky, might actually protect you at the same time. An HONEST LEO will tell you this when asked. They're there to help, yes. But in a situation where your life is threatened, even from someone like the cop in the video, you are on your own and there will be few repercussions if you defend yourself in that situation- even shooting an idiot cop if he's stupid enough to pull the stunt he did in that video.

    18. Re:Wait, what? by Lifyre · · Score: 1

      I didn't notice the other cop the first couple times I saw the video. Thanks for pointing that out.

      --
      I'll meet you at the intersection of "Should be" and "Reality"
    19. Re:Wait, what? by Svartalf · · Score: 1

      That cop is lucky to be alive.

      Yes, he is. He should be considering his good fortune that the perp was nothing more than a hotdog biker on a crotch-rocket- and then DROPPING it. It's embarassing, yes. Now they've done an idiot thing and made the mess much worse. In fact, now the rest of the world knows that the cop's wont to pull out his piece and NOT announce his status and present proof thereof while brandishing his sidearm.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    20. Re:Wait, what? by theghost · · Score: 1

      This is why you got modded troll in the first place. They could tell that this was where you were going with it, Mr Anonymous Tough Guy on the Internet.

      Although i personally would have gone with redundant or off-topic since these same sentiments can be found in about 20 other posts in this thread, expressed better and alongside some discussion of the actual relevant issue - wiretapping laws being used inappropriately.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    21. Re:Wait, what? by kevinNCSU · · Score: 1

      Is this shown in the video or what's the source? That'd shed a lot of light on the situation if true.

    22. Re:Wait, what? by Rary · · Score: 1

      Is this shown in the video or what's the source? That'd shed a lot of light on the situation if true.

      It's in the video, but you have to watch pretty closely.

      At 3:00, Graber turns around to look at the vehicle behind him. It's hard to make out the vehicle clearly from the video, and there's no audio at that point, but it's a pretty safe assumption that the reason he looked behind him was either because he saw flashing lights in his rear-view mirror, or he heard sirens, or both. Then, as he's getting off the motorcycle, he looks back and we get a better view of the vehicle that was following him. At 3:34 we can see that it has lights on it, although it's still hard to tell if they're flashing or not, and at 3:36 we see the logo on the door, making it more apparent that this is a marked patrol car.

      And all of this is in addition to the fact that he had been driving recklessly at speeds of up to 127 mph, and clearly knew that he was breaking the law. In that situation, if someone pulls you over and draws a gun, the first thought in your head is likely going to be that the person is with the police, not a random carjacker.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    23. Re:Wait, what? by ageoffri · · Score: 1
      You couldn't be more wrong about why we are trained to shoot center of mass when it comes to them being less likely to kill a target. Center of mass is taught because it is the easiest target in a high stress situation. On the opposite end it is taught because you are less likely to miss and hit something you didn't intend to. Center of mass shooting has nothing to do with it being less likely to kill. Matter of fact when using a firearm standard training is to shoot to kill. It isn't nice but it is practical.

      I consider myself lucky to never have been in a situation where I've had to pull a gun, but I was trained to use the failure drill technique. 2 to the chest, 1 to the head.

      --
      -- Slashdot, making the Left look conservative since 1997.
    24. Re:Wait, what? by jafiwam · · Score: 1

      Is this shown in the video or what's the source? That'd shed a lot of light on the situation if true.

      It's in the video, but you have to watch pretty closely.

      At 3:00, Graber turns around to look at the vehicle behind him. It's hard to make out the vehicle clearly from the video, and there's no audio at that point, but it's a pretty safe assumption that the reason he looked behind him was either because he saw flashing lights in his rear-view mirror, or he heard sirens, or both. Then, as he's getting off the motorcycle, he looks back and we get a better view of the vehicle that was following him. At 3:34 we can see that it has lights on it, although it's still hard to tell if they're flashing or not, and at 3:36 we see the logo on the door, making it more apparent that this is a marked patrol car.

      And all of this is in addition to the fact that he had been driving recklessly at speeds of up to 127 mph, and clearly knew that he was breaking the law. In that situation, if someone pulls you over and draws a gun, the first thought in your head is likely going to be that the person is with the police, not a random carjacker.

      And NONE OF THIS FUCKING MATTERS to the fact he's facing 16 years of federal prison, not for speeding, not for popping wheelies, etc. etc.

      It's for DARING to be in contempt of cop by putting the video on the internet. And to a certain extent, recording the video.

      Furthermore, if the wrapped pigs were that close, what does THIS pig need to jump out with his gun for?

      Plainclothes should be a backup role or ignore traffic issues, or one of these days one of them is going to get plugged over it.

    25. Re:Wait, what? by swillden · · Score: 1

      Likewise, just because a mugger has chosen a reckless course, doesn't mean I wish to help him in his self destruction.

      Certainly not. The problem is that when the mugger puts a gun/knife/whatever in your face you really have no way to be sure what his intentions are. Will he be happy just taking your money? Most likely. And if you can be certain that handing over you wallet will make him go away, by all means do it!

      However, it's very hard to have that certainty, which is why the law in most states considers you justified if you respond to the deadly threat with deadly force.

      Personally, if I thought there was a good chance handing over my wallet would end the encounter, I'd hand it over. I really don't want to live with all of the legal, economic and -- even more important -- moral consequences of having killed a person. But if the guy looks like he wants to cut me or kill me regardless, then I'll take stronger action.

      I teach concealed firearm permit classes, and that's what I teach my students as well. Avoid bad situations. If you can't avoid it, run from it. If you can't run from it, stop it peacefully, even if that means handing over your stuff or swallowing your pride. If you can't stop it peacefully, apply maximum lawful violence at maximum speed, then get away and call the police.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    26. Re:Wait, what? by Anonymous Coward · · Score: 0

      I agree but the problem is that this is MD which is incredibly backwards. You can't get a concealed carry permit or carry a gun in your vehicle in that state so they can push you around at will with no real fear of retaliation. The only people carrying guns in MD are cops or criminals. Self-defense is for police and soldiers, Comrade!

      That's probably why BS like this is commonplace and a daily occurrence there. I actually had some cop in Baltimore threaten to take me to jail because I had a cell phone headset on during the traffic stop. "It's illegal to record or broadcast my voice, take it off or I'm placing you under arrest". No shit. What a moron. BOTH actions were quite legal.

    27. Re:Wait, what? by Rary · · Score: 1

      And NONE OF THIS FUCKING MATTERS to the fact he's facing 16 years of federal prison, not for speeding, not for popping wheelies, etc. etc.

      As I said in my original post:

      What the cop did was stupid. What the department has done subsequently is even stupider.

      I was responding to the poster who said that Graber was within his rights to shoot the cop in self-defense.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    28. Re:Wait, what? by zildgulf · · Score: 1

      Better to be tried
      by twelve, than be buried by six.
      Sayth the one that lives.

    29. Re:Wait, what? by kevinNCSU · · Score: 1

      Good catch. I don't see flashing lights but him looking behind him like that makes me think the car probably did the quick 1 off siren to pull him over. Well this alleviates the likelihood the off duty cop could have been confused for a mugger it doesn't quite excuse the failure of protocol of always badge and identification first. But clearly the failure to do so wasn't as dire as I originally believed.

    30. Re:Wait, what? by b4dc0d3r · · Score: 1

      Yes, you're wrong. But only a little. pointing a gun at you is where you're wrong. If he had shot the cop in the face, this video would have proven that the gun was never pointed at the suspect. Go ahead and watch, it's on the ground or bushes the whole time.

      Now, what that means depends on your state and locality laws. It might very well be argued that he had a reasonable expectation of being in imminent danger.

      To a jury watching that video in a closed off room isolated from the danger it posed, the gun was clearly visible but aimed away from the person and did not necessarily represent imminent danger. If he had pointed a gun directly at you, that might have constituted imminent danger.

      You can argue that you were stopped, someone blocked your path, you backed up (clearly visible) which led to panic, and the gun was the last straw you needed to defend yourself. But it took 5 seconds from realizing the car was blocking your path and backing up, to seeing the gun. Would you have time to pull out a gun from your riding gear and shoot someone? If so, you'd be admitting to riding a motorcycle at high speeds with an easily accessible handgun, which you were able to draw faster than a trained cop. That wouldn't make any sense to me, nor to a jury if the prosecutor had any sense. You're the bad guy, you're in jail.

      You are only within your rights if you are in danger, as defined by your local laws. In this particular video, I don't see any way to justify it. The moment you reach for a gun the cop shoots you first.

      Yes the cop didn't do what he should have done, but your interpretation of your rights is not going to hold up in a court of law.

    31. Re:Wait, what? by SETIGuy · · Score: 1

      Unidentified man, in unidentified car leaps out pointing a gun at you?

      You missed the part where the unidentified man in the unidentified car was accompanied by a marked patrol car which had pulled the motorcyclist over.

      In that case, there should be video of this from the forward camera in the marked car. Why hasn't it been released? That would also mean that the person wielding the gun knew he was being recorded.

    32. Re:Wait, what? by greenbird · · Score: 1

      It's a belief that life is precious. Yes, a mugger's life is more important than your wallet.

      That's the straw man argument right there. This situation has nothing whatsoever to do with the the relative value of a wallet or a life. This argument comes from people who have never been placed in a situation where they are threatened and there is no way to discern the actual level of threat. Let's see...someone is holding a weapon threatening you. That is irrational behavior and there are no societal rules defining expectations for actions in this situation. Somehow idiots like you seem to think not only that the person being threatened should be able to think and act perfectly rationally but that they should be able to somehow read the mind of the person threatening them and know exactly what and how they are thinking. That ain't the way it works. How the hell are you supposed to discern whether you're going to get shot after you hand over your wallet? When facing an irrational threat your brain generally stops rational (rightfully so) thought and starts survival thought. The situation was perpetrated by the one doing the threatening. Pretty much any results are the responsibility of person the initiating the threat. Now when a cop points his gun at you there are societal rules governing the actions in that situation and they include that if you take certain actions the cop isn't going to shoot you. That isn't the case when a non-cop threatens you.

      Even if you do defend yourself against an attacker, it's still something of a tragedy that you were forced to kill another human being. If it were the case that this was actually a person who has no harmful intent, and simply a cop being a little too twitchy, I'd consider it an even greater tragedy.

      I agree it's a tragedy. But it's one solely perpetrated and the exclusive responsibility of the one initiating the threat. Part of the tragedy (I dare say the worse part) is that the victim has to live with the fact that they killed someone. This is double so in the case where a cop gets killed acting like a maniac as this one was. And twitchy cops are a VERY bad thing. If you're a twitchy cop who stops acting rationally under a little stress you REALLY need to think about a change in profressions. And I did say a little stress. The cop in this case was at no time under any form of threat.

      --
      Who is John Galt?
    33. Re:Wait, what? by Rary · · Score: 1

      In that case, there should be video of this from the forward camera in the marked car. Why hasn't it been released?

      Because there's no reason to. No one, outside of Slashdot, is disputing the fact that Graber knew he was being pulled over by police.

      That would also mean that the person wielding the gun knew he was being recorded.

      He absolutely knew he was being recorded— by Graber. The guy was wearing a helmet with a camera mounted on top of it (see pic here). You'd have to be blind or stupid not to notice that.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    34. Re:Wait, what? by Rary · · Score: 1

      I've been thinking that the cop was stupid for even drawing the gun in the first place, but I think I may have figured that one out.

      There's a pic of the helmet that Graber was wearing here (scroll down a bit). The camera is plainly visible, sticking out of the top of the helmet. It's possible that the cops didn't actually know what it was, just that there was this crazy guy flying down the highway at up to 127 mph with some bizarre device strapped to his helmet. Standard post-9/11 paranoia kicks in, and the "backup" jumps in the lead with sidearm drawn, only to realize fairly quickly that it's just a plain old camera.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    35. Re:Wait, what? by 91degrees · · Score: 1

      That's the straw man argument right there. This situation has nothing whatsoever to do with the the relative value of a wallet or a life.

      I'm not suggesting anyone is arguing that. Likewise, nobody argues that you only have the right to kill in self defence once you're actually being killed. We all agree that the minimum level at which you are justified in taking someone's life is somewhere between those two extremes.

      Somehow idiots like you seem to think not only that the person being threatened should be able to think and act perfectly rationally but that they should be able to somehow read the mind of the person threatening them and know exactly what and how they are thinking.

      No. Not at all. I said it's a judgement call. If you think your life is in danger then you are justified in using lethal force. You're the only one that can make that judgement. If someone is threatening you then your greatest chance of survival is to go along with what they tell you to do. In general the people who hand over wallets don't get shot. Most people are aware of this. That's how you know.

      If you genuinely think that they are going to shoot you, even if your thought processes turn out to be muddled and confused by the situation then you are justified in using lethal force. If you merely use this as a rationalisation in order to hold onto your possessions then you're not justified. You're the only person who can tell what you genuinely feel.

      Right now, nobody is threatening your life, so it's possible to consider the ideal behaviour in hypothetical situations in a more rational manner.

    36. Re:Wait, what? by EkriirkE · · Score: 1

      While I would have loved for this to happen, there was a marked trooper behind him soon after. It would have ended in two self-defense killings (cyclist > jackass cop, marked cop > cyclist)

      --
      from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
      to 45 2F 6E 40 3C DF 10 71 4E 41 DF AA 25 7D 31 3F
    37. Re:Wait, what? by Anonymous Coward · · Score: 0

      As I understand it, lethal force is only ok to use if there was a reasonable belief that they were going to use lethal or near lethal force on you. IE, if some scrawny guy comes up to you, and simply says "give me your wallet" with no weapons available to him, if you shoot him you are going to have to make a damn good case as to why you thought your life was in danger to avoid criminal charges. It depends on how you defended yourself as well. If you picked up a big stick off the ground and bashed him real good with it one time, which cracked a rib, which punctured his lung and he died- you would probably have no problem. However, if you took that same stick or a lead pipe, took out his knees, then continued to bash him in the head when he was on the ground until it looked like someone dropped a watermelon off a roof, you are probably going to face charges.

      If someone is breaking into your house, case law in most jurisdictions says lethal force is allowed, less so if they are just on your property.

      This all varies by jurisdiction though. I would imagine in Texas you can shoot at people who look at your house funny, while in NYC or Chicago, you might have to be able to prove that there is an actual live bullet in the chamber.

      No, IANAL, but I worked in a law office. Legal concepts aren't as hard as people think they are. It really only gets tricky in civil law suits where lawyers will try to nitpick language and look for any opening to increase their billable hours ^h^h^h^h^h^h^h^h^h^h^h make a case for their clients. In general, lawyers spend most of their time either looking for loopholes or trying to prevent them from being there in the first place.

      People are way too intimidated by this stuff, they need to learn their rights and exercise them.

    38. Re:Wait, what? by mcgrew · · Score: 1

      No, I think he was originally modded down (it's up now) is because an idiot or someone in his freaks list had mod points. You don't have to take an IQ test to moderate.

      Some are of the belief that the victim is worthless, the assailant is the victim of society (weeps...), and that you should wait to be mugged or injured rather than shoot back.

      Citation needed; I've never met anyone who believed that.

    39. Re:Wait, what? by Anonymous Coward · · Score: 0

      Certain pussy states would likely require you to try and run away first. The same ones that say that if someone breaks into your home in the dead of night, you're not allowed to defend your family. You have to risk your life and their's trying to climb out a window or up the chimney or some other such bullshit.

      Laws like that make me want to be less libertarian and more anarchist. Put me on the jury of someone who shot an intruder or who defended themselves from a crazy guy waving a gun at them. I don't give a damn what kind of retarded laws are on the books; that jury will get a subtle and quiet lesson in nullification and the judge and prosecutor can kiss my ass.

    40. Re:Wait, what? by Anonymous Coward · · Score: 0

      Within your rights? Sure, I think so.

      Smart thing to do? No.

      Trying to draw your own weapon and getting a shot off at someone who already has their weapon in their hand, is not a clever move at all. You'd be far more likely to end up shot, than shooting.

    41. Re:Wait, what? by sexybomber · · Score: 1

      The law AFAIK is quite clear: Unidentified man, in unidentified car leaps out pointing a gun at you? YES, you are within your rights to SHOOT HIM IN THE FACE.

      Disclaimer: IANAL. Even if I was, I am not *your* lawyer. Many States say that if you can retreat (i.e. flee) without undue risk to yourself or others, you are required to do so. Usually you're not required to retreat in your own home, it being your castle and all. (They actually call it the 'Castle Doctrine'.) But on a public road, if someone draws on you, you must attempt to retreat first. If you cannot retreat safely, then you may shoot the malefactor in the face. If you are in Texas, however, there is no duty to retreat. If someone draws on you in Texas, you may stand your ground and start popping caps immediately.

  72. Re:"Facing" and serving are very different things. by abigsmurf · · Score: 1

    Ah statistics.

    Funny how you don't include figures of how many charges get dropped or downgraded before they get to trial.

    Those statistics could represent a harsh oppressive society where the innocent are thrown into jail at the drop of a hat.

    However it could also indicate that there's an incredibly high burden of proof required to get a trial, if this high burden isn't met, the trial doesn't happen.

  73. Re:"Facing" and serving are very different things. by popo · · Score: 1

    As opposed to which other country? Seriously -- show me a country that isn't corrupt.

    --
    ------ The best brain training is now totally free : )
  74. Re:"Facing" and serving are very different things. by popo · · Score: 1

    Not to mention that the USA is one of the only nations in the world where you *still* have to pay taxes if you move abroad. (As I do).

    Leaving doesn't actually help you.

    --
    ------ The best brain training is now totally free : )
  75. Re:"Facing" and serving are very different things. by Vectormatic · · Score: 1

    Well, i'm not sure if there is a place where cops are as accountable as they should be, but the crap you americans face surely doesnt fly here in holland. Everytime a police weapon is fired it is national news, and full inquiries are started, no Tasers, no patriot act..

    Sure i still hate cops, but down here they are much more toned down than your american one

    The way i see it, cops here in holland mostly are incompetent, but mostly benign, rather then malevolent

    --
    People, what a bunch of bastards
  76. Re:"Facing" and serving are very different things. by Vectormatic · · Score: 1

    proof once again that slashdot needs a "Sad but true" mod.

    (no, not that i'm a terrorist, but this perfectly illustrates the american stance towards anyone opposed to these "protections of freedom")

    --
    People, what a bunch of bastards
  77. Nothing to fear by Anonymous Coward · · Score: 0

    "Law obiding citizens have nothing to fear from surveilence" that is what they always say... SO law obiding policemen should have nothing to fear from being video taped... But apparently they want to keep their abuse of power and corruption to themselves... It is much better to be a policeman that way...

  78. US in a downward spiral by Anonymous Coward · · Score: 0

    This is what I'd expect from a failing African police state. How long before the food riots start?

  79. Reasonable expectation of privacy by stevegee58 · · Score: 3, Informative

    I've been following this case closely since it started since I live in MD.

    The key issue here is MD's law on recording audio without all parties' consent. The state is arguing that all parties of the private conversation (i.e. the trooper) did not consent, hence the violation.

    A key provision of the law is the idea of "reasonable expectation of privacy". This is what allows news crews to record street scenes audio/video without everyone's consent. In a public area, no one reasonably has an expectation privacy. The defense will argue this point and Graber will be found innocent.

    Next step is to work on getting this law overturned. MD is one of a handful of states with the unanimous consent provision where most other states are so-called "one consent".

    1. Re:Reasonable expectation of privacy by erroneus · · Score: 1

      That is one perspective. But the other more important question is whether or not behavior and/or actions deemed "official" in nature should also be considered private. After all, I am fairly certain that audio and video evidence from the police are regarded as immune from this sort of privacy protection law for that very same reason. Turn about should be fair play and of equal relevance and importance. Otherwise, we have an extremely unfair situation where the prosecution is allowed to use forms of evidence that the defense cannot. Imagine a system where the prosecution can choose which evidence it can present and which to omit or edit? Bad things.

    2. Re:Reasonable expectation of privacy by stevegee58 · · Score: 3, Insightful

      The police dash-cam is explicitly exempted in MD's law.

      In this case, the police are misusing the law to try to prevent the videotaping of police activity. This is one of the danger signs down the slippery slope to a police state.

      Recently the police ganged up on and beat up a UMD student who it turned out did nothing wrong at all. The police lied and fabricated probable cause for arrest and said his beating was due to his resisting. Unfortunately for the police, their actions were caught on a cell phone video camera and used against them later.

      The police's actions out in the open should be subject to public scrutiny. Unless someone can point out cases where a recording of police actions had some kind of effect detrimental to public safety I'll continue to hold this opinion.

    3. Re:Reasonable expectation of privacy by jafiwam · · Score: 1

      It doesn't seem to me like Maryland's Prosecutor is remotely interested in following the law.

      There is no reasonable expectation of privacy on the side of an interstate off ramp.

      So why is there still a case? Oh, yeah, corrupt cops in Maryland.

    4. Re:Reasonable expectation of privacy by stevegee58 · · Score: 1

      There's still a case because the judge hasn't ruled yet. The defense has submitted 2 motions to dismiss and the prosecution has answered the motions but so far no joy.
      His court date is October 12 and will probably be a jury trial. For those interested, you can follow the court proceedings by visiting the Maryland Judiciary Case Search web site at:
      http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

    5. Re:Reasonable expectation of privacy by erroneus · · Score: 1

      I would like to see a U.S. constitutional amendment created to protect the rights to public photography, video and audio recording. If those technologies were well developed in the days of the creation of the constitution, I'm pretty sure they would be there right along with the rights to free speech and all that. This would represent an additional safeguard for our freedoms.

      I wonder what it would take to initiate such a constitutional amendment?

    6. Re:Reasonable expectation of privacy by yyxx · · Score: 1

      The police's actions out in the open should be subject to public scrutiny.

      And police actions on private property should be subject to public scrutiny at the discretion of the property owner.

      No public official should have an expectation of privacy in the execution of his job.

    7. Re:Reasonable expectation of privacy by russotto · · Score: 1

      Recently the police ganged up on and beat up a UMD student who it turned out did nothing wrong at all.

      When I was there, that was a regular occurrence. Usually the student ended up getting shafted by university discipline, too, even if he won in real court.

      (and to be fair, sometimes the student was doing something wrong -- usually pissing in the bushes, which of course is a perfect justification for a beat-down)

  80. Re:"Facing" and serving are very different things. by kangsterizer · · Score: 1

    I'm unsure where one would go. There's no magical countries.
    These countries are still better than most.

  81. Re:Funny, the detail that is left out by Farmer+Tim · · Score: 2, Insightful

    Because I personally think speeders should be locked up for life, I do not give a shit if this person goes to jail.

    Fine, but if he goes to jail it should be for reckless driving, not for some trumped up charge that could set a nasty legal precedent that has serious ramifications for everyone.

    --
    Blank until /. makes another boneheaded UI decision.
  82. Re:"Facing" and serving are very different things. by Anonymous+Cowpat · · Score: 1

    why would you want to live in a communist-bloc country?

    --
    FGD 135
  83. Re:"Facing" and serving are very different things. by 91degrees · · Score: 1

    It did miss that 90% of the cases were plea bargains (I think this stat is for all cases and not just federal ones so take with a pinch of salt).

    But once you get into that, yu're not playing averages any more. Anyone who is guoilty and knows they'll be cnvicted of something will take the plea bargain. Anyone who knows there is no evidence will tell the prosecutor where to stick his case, and the case will be dropped. So the remaining 10% is disproportionately very innocent of very guilty.

  84. Re:"Facing" and serving are very different things. by 91degrees · · Score: 1

    Most of the time you don't actually have to "pay" US taxes. Just fill in a tax return. In a lot of countries, you only pay if your local tax bill is lower than it would be in the US.

  85. Re:"Facing" and serving are very different things. by Anonymous+Cowpat · · Score: 4, Insightful

    Why your contempt for juries? It's the last line of civil defense against unjust laws

    Because it turns out that they don't actually do that job. Judges regularly lie to juries that it isn't their job to stop unjust laws, and ill-educated juries swallow it whole.

    --
    FGD 135
  86. Re:You have to forgive many of us if we are skepti by Anonymous Coward · · Score: 0

    This "people too stupid to get out of jury duty," thing is very tiring...
    The people that did get to serve were actually roughly as educated as the public, which is to say several had university degrees.

    Degrees don't make people smart. The country is full of total dumbshits with degrees.
    Just ask Rush Limbaugh - the population with the most higher education tends to be the most liberal and that makes them total idiots, according to him.

  87. Oh Bullshit by Anonymous Coward · · Score: 0

    You know, this is one of the few cases where the ACLU is genuinely right. However, you are full of shit. Very few of the protests that get tear gassed are actually peaceful.

    1. Re:Oh Bullshit by Anonymous Coward · · Score: 0

      True. They're usually only 99.9% peaceful or so, with a few people committing acts that give the police the green light to start attacking people. The thing that really strikes me is, how many of these protests (actual planned protests rather than riots) actually involve anyone dying. Not that many. Now, of the people who have died at these protests, how many of those were killed by police? How many by protestors? Frankly, it seems to me that the best way to keep peace in these things would be to not involve the police.

  88. Maybe that's way by Anonymous Coward · · Score: 0

    Police don't like being video taped. It sucks to be held accountable for your actions.

  89. Precedent by Anonymous Coward · · Score: 0

    Justice isn't the goal here. Justice is merely the strawman. The real goal is setting a precedent for the next power grab. You don't build the business of government by asking for more power and revenue. You act like total power was yours all along, and when they question it, you back down just a little bit, collecting and consolidating the difference.

  90. Re:"Facing" and serving are very different things. by meatron · · Score: 1

    Reminds of an old Jewish joke:
    - Aaron, what are you doing with that globe?
    - I've had enough. I am going away, looking for a suitable country.
    Half an hour later comes back, globe is nowhere to be seen.
    - Have you found one?
    - No, I ordered a new globe.

  91. Silver Lining by ThatsNotPudding · · Score: 1

    Peaceful protesters in the US are routinely hit with tear-gas, clubbed by the police, tazed, shot in the face with rubber bullets, etc.

    On the other hand, the razor wire topped Free Speech Zones half a mile away from the actual site are really quite fetching.

  92. Re:"Facing" and serving are very different things. by dkleinsc · · Score: 1

    But ... but ... but ... that's "socialism" (by the Fox News definition), along with anything else that the government does that might benefit the citizens who aren't part of the wealthiest 5% of Americans. Right now, we have a significant portion of the US Congress seriously arguing that the reason there are so many unemployed people during a recession is because getting $200 a week causes them to be shiftless layabouts. Oh, and also think that the 10% unemployment is wonderful, because it enables many corporations to hire high-quality workers at discount prices, and use the threat of unemployment to force their existing workers to work longer hours for less pay.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  93. Re:"Facing" and serving are very different things. by X0563511 · · Score: 2, Insightful

    My largest concern is an out-of-uniform cop in an unmarked car (or not a cop car at all) drew his gun and only said "i'm a cop" - you draw a weapon without your uniform etc, and "i'm a cop" doesn't cut it. You have a badge for a reason. You have a uniform for a reason.

    If you have a reason to NOT be in your uniform, you should not be acting in such a way. It wouldn't be so very hard to assume he was a road-rager coming to ventilate him. That's likely what I would have thought, and had I been armed, I would have been in serious trouble, because the dipshit wasn't wearing his uniform.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  94. Re:"Facing" and serving are very different things. by argStyopa · · Score: 1

    @Vector- your sense of reading discretion is apparently on vacation. Or perhaps it's easier to feign outrage than think critically.

    The OP claims he was the victim of a 'Terry Stop' and that on this basis they searched his car on his property, and as a result he was facing "...five life sentences plus 105 years for an offense no one had ever been jailed a day on before...".

    Really? That's an extraordinary claim, and surprising that he wouldn't bother to reveal what such an amazing offense might be. Of course, to 'save himself from 12 stupid jurors' he pled, and served 52 months.

    So ask yourself if there might not be the TEENSIEST bit of bias in the OP's description? What the HELL did the police find in that 'illegal' search? A body?

    The OP posts, 'we're all just one Terry Stop away from ruin'. I'd reply that yes, much of our criminal system depends on impulsive or subjective enforcement by officers, sure. But they could Terry Stop me, search my car, my person, my home, my office, and STILL not find anything to charge me with...certainly not to give me 5 life sentences.

    --
    -Styopa
  95. Re:"Facing" and serving are very different things. by Totenglocke · · Score: 2, Insightful

    First, it's true - I looked into it just about 6 months ago, since I've always wanted to travel to the UK (I've been to most of the EU). Second, the 60+% was talking about ALL taxes, not just income tax. You forget the massive taxes on gas, VAT, and the tax on pretty much else imaginable that's all added on top of the typical 40-ish% income tax.

    But hey, why let facts get in the way of bashing someone.

    --
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  96. In public .... by Anonymous Coward · · Score: 0

    We need the ACLU to take this all the way to the supreme court and get all the stupid laws related to video taping people in public found unconstitutional. When you or anyone is in a public place inside the USA, video taping of them needs to be allowed regardless of age, job, or location. Public is public. Judges need to be video taped, police, FBI, CIA, sheriffs, and people walking around in state or city parks. Public is public.

    I'd go further and allow the video taping of any local, state or federal employee or contractor to get special allowances for video recording inside public buildings provided national security or crimes of a sensitive nature are not being actively discussed or presented. None of this leave an old rape photo on the wall to prevent videoing either. If the conversation isn't directly related to the "sensitive crime as defined" then there is no protection.

    Going 1 step further, I'd like all police to have an always on audio microphone that cannot be tampered with. Tampering means they are fired. Police need to be held to a higher standard of conduct due to the public trust status.

    Court rooms need to be video recorded too with the tapes delayed from public viewing for 30-180 days, but still made available to the public. Every court hearing covered by this. Secret court hearings need to be delayed no more than 20 years regardless of national security claims.

    Sneaky and nasty actions have no place in government. If we, the people, are embarrassed by our government employees, we need to know that activities and apply corrective actions sooner than later.

  97. Re:"Facing" and serving are very different things. by selven · · Score: 1

    Man, quality of life is much more than the money. It's support when you need it. It's knowing that you are protected in case something goes wrong and it's not entirely your fault, it's good climate (well, this only applies to Souther Europe), it's culture for free, it's really good food (once again ... only in southern Europe :D), it's living in a city where you don't have to drive every morning to work cause the public mass transport system is really effective or because the centre of the city is also occupied by it's citizens ... well, it's a very big bunch of many other things.

    Wait, so quality of life is not about money but it's about support, protection (I assume you mean welfare and social security here, the economic system does not alter your ability to get support from friends) and "free" culture, which are in reality the same thing as money except someone else buys the products for you? You know that in the US, and in every other country in the world, money will also get you support, protection and culture?

    Sounds like you are rich, it's just that 20-30% of your money doesn't appear on your budget since you're enjoying it through all these public services.

  98. Re:"Facing" and serving are very different things. by drinkypoo · · Score: 1

    I have an honest question for you: Why the fuck do you still live in that country?

    Moving to another country ain't like moving across the street. Nobody wants Americans. Remember, this is the nation that has always had to hire in the majority of its best scientists because of the inadequate education system. While a few of us are employable in other countries, few of us are so employable as to warrant international relocation.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  99. Re:"Facing" and serving are very different things. by LordNimon · · Score: 1

    Due to their labor law demanding that jobs only be given to EU / UK citizens or spouses of citizens

    Sorry if this is off-topic, but can you tell me more about this "spouses of citizens" part? I'm a dual US/Austrian citizen, but my wife is only a US citizen. If i work in the EU, does that mean that my wife can also get a job? If so, where exactly does it say that?

    --
    And the men who hold high places must be the ones who start
    To mold a new reality... closer to the heart
  100. Where is the 4th estate on this? by scharkalvin · · Score: 1

    I hope members of the fourth estate feel threatened by this and run to this guy's aid.

    1. Re:Where is the 4th estate on this? by jewishbaconzombies · · Score: 1

      Reading this and wondering which editor should be sent a link to the article on intraoffice email.

      (and no I'm not kidding - although I'll have to check if anyone is already working on this - news cycles in print are weird)

    2. Re:Where is the 4th estate on this? by Rob+the+Bold · · Score: 1

      I hope members of the fourth estate feel threatened by this and run to this guy's aid.

      They've been AWOL or worse for a while now.

      --
      I am not a crackpot.
  101. Re:"Facing" and serving are very different things. by jbssm · · Score: 5, Informative

    Sounds like you are rich, it's just that 20-30% of your money doesn't appear on your budget since you're enjoying it through all these public services.

    No, that's the part most of the Americans constantly fail to understand. I'm not rich in here, and I wouldn't still be rich if I hadn't to pay those extra 20%-30% more to get these benefits. In fact I doubt that 30% over the wage I get (around €1000 per month) would actually allowed my to buy all that stuff. More, I'm completely certain that it would not allow the people that earn the minimum wage (which in here is around €500 and that's very little even with these benefits), would allow them to have this.

    But his is the great part about it. The 20%-30% that a very rich people also has to pay, it's enough to give the benefits to that rich one, and there is plenty of money left to get those same benefits to a bunch the ones that earn much less than them.

    A small example. The tax over fuel in here it's huge. It's really one of the highest in EU, but on the other side, public transportation works well and it's quite cheap (€18 per month to travel as many time as you want in the metro, or €25 to travel all you want in metro and BUS). And I'm happy, it's this way. The city works much better than if everyone takes their cars around, it's less polluted, and it's better for the environment.

    It's not Socialism, it's Social Democracy and when done really correctly it works beautifully, like you have to admit it works in Northern Europe ... not so good in the South, but it's still ok in here. And well, although, Northern Europe is better in this social aspect and has all those nice blondes, but bah, it's too cold for me and the food kind of stinks ... and all that contributes to your quality of life :)

  102. Re:You have to forgive many of us if we are skepti by Zak3056 · · Score: 1

    First, you say:

    Many of the people I met in Fed prison had either done nothing, or something so minor as to certainly not merit hard time. (I was a bit of a jailhouse lawyer..not much else to do.) I saw guys serving 20 years for making a phone call. I am not kidding.

    Then, you say:

    Actually, at the spot I served, I never saw a single inmate who claimed to be innocent.

    That doesn't exactly do much for your credibility.

    --
    What part of "shall not be infringed" is so hard to understand?
  103. Re:"Facing" and serving are very different things. by Splab · · Score: 2, Informative

    Well I happen to live in Denmark, so no offense, but I know a bit more about life in EU than you. And last round of hirings we did we looked at some foreigners (Chinese, not US), green cards where no problem as long as they made 300.000 DKR (about $50.000) a year.

    Also, traveling to EU is a lot different from wanting to live and work, so not sure how that applies. The taxes here are 40%, thats it, if you chose to spend your money on gasoline, then yes there are sales taxes and environment taxes, which is why it's frigging expensive to own a car here. If you decided to take public transport here in Denmark (we have 190% sales tax on cars), it's tax deductible, so are loans, unions, pensions etc.

    I earn enough to pay some of my wage at the 60% level, but with all the deductions I get I still only pay 40% (38% is lowest in my region) - and I don't own a car, so as I said, your statements are complete and utterly bullshit. But hey, lets not have facts come in the way of a good bashing...

  104. Re:Funny, the detail that is left out by Anonymous Coward · · Score: 0

    The way the story is reported you would think this guy

    Only if your reading comprehension falls below the fifth grade level newspaper writers aspire to.

    Because I personally think speeders should be locked up for life

    Then lock them up for life for speeding. Don't make up bullshit that applies to everyone else just because you've got a hardon for punishing speeders.

  105. Re:"Facing" and serving are very different things. by Totenglocke · · Score: 1

    The fact that you ignore the VAT that is added to the price of every goddamn thing you buy shows that you're either incompetent or just out trolling. Once you add that on top of the 40% or so income tax, it comes out to roughly 60% (if not higher if you have a good job). Why you insist on denying the extra taxes is beyond me.

    Seeing as how you've never done any research into moving to the EU and getting a job, I'm doubtful that you'd know what the rules are - just like the majority of native born people in any country are pretty clueless as to the rule for immigration, because it's not something they'd ever have to worry about.

    --
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  106. This isn't just one bad cop... by MobyDisk · · Score: 1

    The real problem here is that this isn't an individual officer being a jerk. That happens in every profession: humans aren't perfect. But the response was a coordinated offensive involving many individuals. This sounds like it might involve dozens of individuals collaborating together.

    obtained an arrest warrant charging Graber

    I don't know how arrest warrants work. Did a judge issue this?

    the State Police also obtained a search warrant

    That's equally scary: the video was already on youtube. What was the search warrant for?

    the Harford County State’s Attorney obtained a grand jury indictment,

    Now the state's attorney is involved.

    This now involves several police officers, the states attorney, and at least one judge. We don't have all the facts yet, but if this is how the ACLU presents it, then IMHO each of those people should be charged with some serious crimes. What crime is it when a public official tries to shake-down someone? Is this any different from when the mob was doing the same thing?

  107. Any big-gov't apologists care to weigh in? by Anonymous Coward · · Score: 0

    And this is a perfect example of what the Tea Party movement is sick and tired of - a government that at all levels has forgotten that it exists solely at the pleasure of the citizens it rules. "Government is good - trust us" liberals have been telling us for years, ignoring the weight of all of human history that testifies loudly to the contrary. You twits forgot that liberty is the exception in the history of the world, and that oppression is the rule. And now you have the nerve to bitch about the size of the cage that you build around your own goddamned self? Fuck all you big-government apologist asshats.

    1. Re:Any big-gov't apologists care to weigh in? by jafiwam · · Score: 0, Troll

      And this is a perfect example of what the Tea Party movement is sick and tired of - a government that at all levels has forgotten that it exists solely at the pleasure of the citizens it rules. "Government is good - trust us" liberals have been telling us for years, ignoring the weight of all of human history that testifies loudly to the contrary. You twits forgot that liberty is the exception in the history of the world, and that oppression is the rule. And now you have the nerve to bitch about the size of the cage that you build around your own goddamned self? Fuck all you big-government apologist asshats.

      That and negros winning elections.

  108. Well ... by The+AtomicPunk · · Score: 1

    If we're not allowed to video tape cops doing bad things, perhaps it's time for armed intervention to save innocent people from overzealous cops.

  109. Re:"Facing" and serving are very different things. by roman_mir · · Score: 1

    Sure, as long as your government is not spending more than it takes in while doing ALL of that, as long as all the costs are covered without getting into debt, as long as nobody is working to undermine the system (which you know they are doing all the time), you can continue this way.

    But if your costs are not covered and you have to borrow and/or print the difference (which is happening to most of the state governments right now) then you are living on borrowed time and once the financial problems start, you will lose all of these entitlements whether you want to or not, then you'll be in the same boat as everyone else, without money and way of supporting yourself, as everyone else and you will find out what it's like not just to compete for money, but for food and all that you need to survive. AFAIC everybody who is making only enough money to carry them through the month and not investing something, not saving something (in gold at this point preferably) is kidding themselves. They are all living on borrowed time.

  110. Photography is not a crime by Palestrina · · Score: 1

    A good blog that covers this and similar issue is here: http://carlosmiller.com/

    You may be surprised to see that this is not an isolated incident.

    1. Re:Photography is not a crime by Fnord666 · · Score: 1

      You may be surprised to see that this is not an isolated incident.

      No, I would be surprised to see that it was in this day and age. Departments have become so desperate for officers that they'll hire anyone who doesn't have a felony record and can pass a drug test 2 out of 3 times. What surprises me most is that the officer didn't just go ahead and shoot the motorcyclist.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  111. Most are missing the point by Senior+Frac · · Score: 3, Insightful

    While the ACLU document does mention that this police officer unholstered his weapon before identifying himself as a police officer, this is not the crux of their complaint. If I am stepping out in front of an unknown individual (his face obscured) on a heavy motorcycle, I too am going to want some form of quick defense. I am no expert on the rules of escalation of force for MD state troopers, but at worst the unholstering of the weapon is a training issue that needs to be corrected with this individual.

    The ACLU is, instead, focusing on the use of the recording laws in Maryland as a form of suppressing speech; in my opinion, a much more important issue.

    Most posters here just want to run a jack-boot-thug, social-feedback-loop rant. They are completely missing the point of both the ACLU and the slashdot submission.

    1. Re:Most are missing the point by lunatic1969 · · Score: 1

      I am no expert on the rules of escalation of force for MD state troopers, but at worst the unholstering of the weapon is a training issue that needs to be corrected with this individual.

      It's a pretty important training issue. This training issue puts the officer and civilians lives in danger. If the guy on the motorcycle had been legally armed (I'm not sure what the laws are in Maryland where the stop was made, but in some states that's absolutely possible), this story could have been even more tragic.

    2. Re:Most are missing the point by Attila+Dimedici · · Score: 1

      You are spot on. The thing is that in several states with very similar laws, the courts have ruled that a police officer executing his duty in a public location (such as making a traffic stop) does not have an expectation of privacy (which is a necessary condition to bring the consent provision of this law into play). I believe that even Maryland has had such court rulings (although I may be mistaken on this point). However, in at least one other state the police have charged people with violating the wiretap laws for similar things, even after court rulings in the same jurisdictions saying that such recordings are legal.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:Most are missing the point by Anonymous Coward · · Score: 0

      I lived in MD for a little bit while in school, and my experience is the closer you live to D.C., the harder (more impossible) to get a concealed weapons permit.

  112. Re:You have to forgive many of us if we are skepti by roman_mir · · Score: 1

    Bernie Madoff went to jail because it was his last option, he is hiding in jail, if he did not go, he wouldn't have been breathing by now, more importantly to him, neither would any of his close family.

  113. Re:"Facing" and serving are very different things. by shilly · · Score: 1

    You know more about life in Denmark, but you have demonstrated you know less about life in the UK. And even less about taxes.

    Immigration rules in the UK are a lot tighter than simply an earnings threshold. There is a points-based assessment for highly skilled workers, investors, entrepeneurs and recent graduates from UK universities. Skilled workers can get in via sponsorship from their employer, mostly. Other workers are by and large SOL.

    No-one is able to avoid all taxes other than income tax, no matter whether they live in the UK, Denmark or the US. The OP specifically mentioned VAT. VAT in the UK is charged on, among other things, many types of food and all adult clothing. You may not ever buy new underwear, but everyone else does.

  114. Meanwhile in Sweden ... by aliquis · · Score: 1

    ... you're allowed to take photos of for instance the Swedish security service and their cars, that hot chick across the street, children, your nude neighbor, corporate buildings, ..

    And imho you should be, because you can see them anyway.

    Don't know how the law look upon video and storage of video. I think you may need to have permission to for instance use surveillance equipment in your store, which I find quite weird, I could eventually understand how you would have to inform the people going in about it (though you most likely rather want to do that to scare them off from doing anything stupid in the first place), but I can't see how you would have to as a private person so I don't understand why a store owner would have to.

    1. Re:Meanwhile in Sweden ... by Shinobi · · Score: 1

      While the store is privately owned, any areas open to consumers are considered public space, due to it being accessible to the aforementioned public. Employee-only areas otoh are not restricted in the same way, as long as you don't try to pull a stunt like placing a camera in the restricted area monitoring the public area.

  115. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    > That's not guilty defendants: it's ALL defendants.

    To play devil's advocate for a moment, how do YOU tell the difference?

  116. Traffic Stop by lunatic1969 · · Score: 3, Interesting

    They must do things different where that boy's from. One of the things that was drilled into my head in Journalism school was that you can take pictures of anything you can see from a public street. The Maryland law is unconstitutional, and citizens of Maryland have the right and responsibility to violate that unconstitutional law. But you know, that's not the thing that bothers me the most. The thing that bothers me the most is the 'Traffic Stop'. Here in Florida and in many other states, we have a right to carry concealed weapons with a permit. The man in the video did not identify himself as an officer. There was no reason to think he was anything other than some freak with a case of road rage. I could easily see someone drawing their weapon on that officer and killing him. Someone needs to review basic traffic stop techniques up there.

    1. Re:Traffic Stop by lunatic1969 · · Score: 1

      Something worth noting. If the video is watched to the end, when he turns his helmet you can see a marked patrol car behind the motorcycle.

  117. somehow has a right to privacy by Culture20 · · Score: 1

    Maybe the motorist somehow has a right to privacy until there's an arrest? Sure, public road, etc, but if an officer is being a &#%* and pulling you over for no reason, drawing his gun, yelling obscenities and potentially humiliating you for no reason, should that humiliation be compounded by youtube? COPS (the TV show) often fuzzes the faces of people who aren't arrested.

  118. Re:You have to forgive many of us if we are skepti by Anonymous Coward · · Score: 0

    You're very careful here to use numbers and categories and avoid mentioning what it is you actually did or what "Offense Level 37" means. Your only real-life examples are Madoff and Jeff Skilling, neither of which are exactly wrongly-accused victims of the system.

    As idiotic and wrong the war on drugs is, anyone that does cocaine or "just agrees" to buy cocaine over the phone knows exactly what he's getting into and what are the consequences of getting caught. "White collar" criminals who rob people of millions of dollars in savings or steal from the public are not innocent either. Nobody's saying the system works perfectly but there's a way to go from there to pretending that just going about your daily business can land you life in a federal prison.

  119. Re:"Facing" and serving are very different things. by ground.zero.612 · · Score: 1

    I have an honest question for you: Why the fuck do you still live in that country?

    As a citizen of the USA, I would like to respond. I was born here, and raised here. This is my home.

    I was raised in a time before 20M+ illegal Mexicans ran the show. I was raised in a time before my country drafted international laws in secrecy. I was raised in a time when the country still spent good money on education, and I learned a lot about the history of my country.

    The reason I am here is simple: I am biding my time.

    The rest of the world might not be aware, but the USA will soon face it's 2nd Civil War. I am still here because I am waiting for my opportunity to rebel against Police like those being discussed in this thread, against Corporations that own slaves in 3rd world countries and Senators in my own country, but mostly against the tyrants that have sunk their claws so deep into the American way of life that I, honest to God, believe that bullets now have more value than votes.

    I own guns because I believe that one day I will have to use them on my government. Plain and simple. Every day that I read about incidents like the one discussed in this thread, I pray that more of my fellow citizens will being to think as I do. That way, the War will come sooner rather than later; which to me means that the healing can begin sooner.

    --
    "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
  120. Will this be a 2-parter as well? by Jump+into+the+Void · · Score: 1

    They is astonishingly similar to what happened in the last episode of Seinfeld.

  121. Just a suggestion: show badge *before* gun by bl8n8r · · Score: 1

    If that were me I would have thought the guy was trying to jack my bike. Unmarked car + unmarked cop = high probability for things to go badly. Brandishing a firearm on top of that is just plain stupidity.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  122. Re:"Facing" and serving are very different things. by jbssm · · Score: 1

    Sure, as long as your government is not spending more than it takes in while doing ALL of that, as long as all the costs are covered without getting into debt, as long as nobody is working to undermine the system (which you know they are doing all the time), you can continue this way.

    Well, yes, I agree with you in that part. But let's be serious here. We all know that the countries where this system works better and brings the more benefits and insurances to the population are in Northern Europe. And ALL those countries (except Iceland, but they are not a part of EU ... yet) have their finances in very good condition and survived the crisis practically unscattered. So, giving this support doesn't bankrupt anyone.

    Now, the problem with Southern Europe, where people have less support than in Northern one, so if that was the problem (the government spending on population care) they should actually be beter, but they are not because of s simple thing. Corruption. Only and just that. If you check the Ginni index of the southern European country, it's much higher (so worst) than Northern countries, meaning the wealth in much worst divided, meaning that some are getting the money that should belong to all.

    So, don't blame Social Democracy, simply blame corrupt governants/public administrators.

  123. Photography is not a crime by aceofspades1217 · · Score: 1

    This has been said time and time again. Some Rep tried to do some grandstanding "resolution" but what we really need is a law protecting people's rights to video tape public officials. You can add whatever "under reasonable conditions, without directly impeding, only in a public place (street, public building etc.)" as long as the general act of video taping a cop under normal circumstances (such as in your own damn vehicle) is not a crime in itself.

    What the motorcyclist did was stupid and he deserved to be booked with at least careless driving and at most reckless endangerment but the cop shouldn't have pulled a gun out without identifying himhelf as such. The correct thing would have een to flash his badge/say "I'm a police officer, dismount immediately" and THEN pull out his gun and THEN point it at him if he didn't comply.

    In Florida the police officers and FHP don't usually chase speeding motorcyclists because it would endanger other drivers due to the speed and maneuverability of motos and just try and get their tag written down.

  124. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    Now, would you have fought? Really? Many people say they would, but it's a lot different when you are considering giving your life to 12 people too stupid to get out of jury duty.

    At least here in Minnesota it is generally not possible to "get out of" jury duty, unless you're 70+ years old. You can request a postponement twice, but after two postponements you are required to take part in the next phase of trials.

    In the jury duty phase I participated in, there was no one that even attempted to "get out of" jury duty. I think we were all interested to see exactly what it entailed and participate in a jury trial.

    Where on earth do you live that people "get out of" jury duty?

  125. most of the low speed limts are about cash and not by Joe+The+Dragon · · Score: 3, Insightful

    most of the low speed limits are about makeing cash and not safety just like the red light cameras.

  126. Re:"Facing" and serving are very different things. by Sprouticus · · Score: 1

    If I was innocent, yes, I would. My principles mean that much to me. I could not look my son in the eyes years later and tell him I compromised my principles just because there was a chance I could lose.

    Maybe that is stupid (actually looking at it pragmaticly it IS stupid. But it is still what I would do.

    The fact that I am of Irish/German decent and thus was raised as one of the most stubborn people you will ever meet.

  127. Re:You have to forgive many of us if we are skepti by Anonymous Coward · · Score: 1, Informative

    Whilst this stuff sounds unbelievable the economist agrees with him...

  128. Maryland, the outhouse of the nation by Anonymous Coward · · Score: 0

    I don't understand why Marylanders reading this article don't walk into the Governor's mansion, stuff a printout in his face and then spit on him. The state is 180 degrees wrong here. They should be disciplining the officer and thanking the videographer.

    1. Re:Maryland, the outhouse of the nation by uxbn_kuribo · · Score: 1

      To be fair, I'm from the Lower Shore of Maryland. No one cares what the Lower Shore thinks. To illustrate that, one time during the late 80s, early 90s, the Governor at the time, Willie Don Schaffer, referred to the Lower Shore as a "****house." The Lower Shore was outraged, the rest of the state apparently agreed, because he got re-elected.

      --
      No portion of this post may be rebroadcast without the express, written consent of Major League Baseball.
  129. Re:You have to forgive many of us if we are skepti by Anonymous Coward · · Score: 0

    He never said that the guy denied making the phonecall he just said that someone was doing 20 years for doing so.

  130. = Dead motorcyclist by TerranFury · · Score: 1

    The cop already had his gun drawn, so this fantasy could never have happened. The second the motorcyclist reached for his gun, the cop would have fired. What you describe is the surest way for the motorcyclist to have gotten himself killed.

  131. Re:"Facing" and serving are very different things. by Schickeneder · · Score: 1

    It's still not worth it. That's ridiculous that someone would have to pay anywhere close to 50% taxes for those services. In the US I'm in the 25% Federal income tax bracket and my private health insurance plan and other benefits--including the employer subsidy would still only amount to about 30% of my my gross income. Adjusting for tax credits other deductions and my total tax burden ends up being probably closer to 18-20% anyway. I'll take quality of life + money any day.

  132. Re:"Facing" and serving are very different things. by Splab · · Score: 1

    Yes, the earnings threshold was an simplification, but in this context it makes sense, he is a (I might wrongly have assumed) skilled worker, therefore the earnings threshold is his problem - in practice you have to show you can take care of yourself, there are medical considerations, you have to be spotless on your criminal records etc. - but that applies to almost any country you want to work in, the hardest part of getting a green card is to show you can earn enough money.

    In Denmark we pay 25% VAT on everything bought, so don't give me that BS, but you can't say you are paying 15% additional taxes, VAT is only applied when you spend your money, and you are by no means required to spend all your money on goods.

  133. Police should be held to higher standards by naasking · · Score: 1

    There should be a class of judgments for cases involving police, where if the judge determines that the officers involved are attempting intimidation like this, that they are severely reprimanded, perhaps even losing their jobs automatically. That would put a stop to these frivolous cases of intimidation.

  134. Re:"Facing" and serving are very different things. by Splab · · Score: 3, Informative

    I have indeed done my research on this since I have had to consider hiring foreigners.

    And as I wrote in reply to your sibling, you are by no means required to spend all your money, you can save it up, earn interest, invest them - at no point do you have to pay anything more.

    And please, please, please don't tell someone they are incompetent when you can't even work out what 17.5% VAT is in terms of total taxes. By the way (for both you and sibling) in the UK you don't pay VAT on everything, unless you only buy goods.

    Let me give you a nice example from Denmark where we in fact pay VAT "on every goddamn thing" at 25% - Lets say I earn 100.000 kr, I pay 40% taxes, that leaves me with 60.000 kr.

    At 25% VAT, it means 20% of everything I buy is tax, so lets say I spend all 60.000, that means 15.000 of that is an additional tax, which is 15% of the original, that means I pay 55% taxes total.

    I'm very much aware of how much I pay in taxes, and I do my share of gibbering about it every month when I get my paycheck, but then I remember, this pays for my medical bills, for the roads, my education, for safety on the streets (milage may vary here, I'll give you that) etc .

  135. No Expectation of Privacy by Anonymous Coward · · Score: 2, Insightful

    The Maryland State Police is a branch of their State Government. Like all police, they take an oath of office that requires them to uphold and serve the citizens and their State Constitution as well as the Federal Constitution. How can a "servant of the citizens of Maryland" have an expectation of privacy in the course of his normal duties. Especially when he, in the course of his duties, videotapes every traffic stop that he makes and also files a report on every stop and arrest and ticket that he makes? Any expectation of privacy is a joke.

    Not only should this case be thrown out of court on its rear, the District or State Attorney that filed this case should, at a minimum, lose his job for bringing such a ridiculous case forward to the court. At a maximum that attorney himself should be arrested and charged for attempting to defraud the State of Maryland and under a charge of _______ (fill in your blank: racketeering, blackmail, intimidation, breaking his own oath of office to serve Maryland's Constitution) for attempting to intimidate, coerce, or falsely imprison a Citizen of the State.

  136. according to the article's source article by mehemiah · · Score: 1
  137. Re:most of the low speed limts are about cash and by Haffner · · Score: 1

    Agreed. On a 4 lane road here (thats 4 on each side, mind you) the speed limit is 45. There are no lights, crossroads, or anything, but a 45 speed limit. When those lanes go down to 3 on each side, the speed limit drops to 35. I have been on 2 lane per side highways with speed limits of 55. Setting it to 35 is a deliberate moneymaking ploy.

    --
    "Going to war without the French is like going deer hunting without your accordion." ~General Norman Schwarzkopf
  138. Who does the government work for? by FatSean · · Score: 1

    I'm told the government works for the citizens. So I hire the government every 2 or 4 years, and they contract out for police officers. As a stakeholder in this operation I have a right to have a voice in how the laws that are created for me are executed.

    Personally, I hope lots of bad things happen to the assholes who thought it would be a good idea to arrest and harass this man.

    --
    Blar.
    1. Re:Who does the government work for? by sumdumass · · Score: 1

      You were told wrong. The government works for what they govern. While the citizens might be involved in that, they are only a portion of it.

      It's more accurate to say that the government derives it's power from the consent of the people it governs. Well, in a democracy anyways. If you don't give consent, you have to either elect someone, yourself, or find someone already elected to the right offices who shares your opinion and can make the changes you request. But in any case, nothing bind them or yourself to that opinion other then the possibility of not being reelected.

  139. Fuck you, Maryland by Legion303 · · Score: 1

    "I got ten years for raping kids. What about you?"

    "Sixteen for putting a video on youtube."

  140. Audio, audio, audio. by irving47 · · Score: 1

    Many many fine points about privacy and such, but the root of this case is AUDIO recording. Both parties not aware they're being recorded on audio? WIRETAPPING. The laws may be antiquated, but they're still on the books in many states. If that had been video, the cops might have been pissed, but they probably wouldn't have been able to do diddly about it. Maybe, MAYBE the charges can get thrown out on those grounds. Hope they do. But they're probably not abusing their power as much as we would like to think they are.

    --
    I had a sucky sig.
  141. sue by mldi · · Score: 1

    OK, I hate frivolous lawsuits, but I'd sue the department in this case, and not necessarily for monetary gains. I'd rather see the people who decided it'd be a good idea to make this an issue be forced to leave without their precious pension. It has to be made clear to the cops that they are not immune to consequences.
    Ridiculous.

    --
    If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
  142. Re:"Facing" and serving are very different things. by mad+flyer · · Score: 1

    Try Japan, you can citizen arrest a cop if he run a red light or if he take a one way road outside of allowed times. Happened again few month ago.

  143. G20 summit by phorm · · Score: 1

    Not just in the US. There's a *LOT* of very scary footage coming from the G20 summit that was held in Toronto, Canada. Some is what might be expected, people that pushed the police's buttons and got pushed back (I won't justify it either way, but not unexpected in those scenarios).

    Others are just plain scary. People who had nothing to do with protests (even the peaceful ones) being randomly searched and/or arrested. A disabled man being knocked around by the police, and a whole trail of lies and violent/thuggish behavior.

    I moved from Toronto a bit over a year ago... I'm *very* happy about this decision, because I worked in the district where much of this happened and who knows what might have happened to me on my way to/from the office. I makes me feel much more sympathy for my American brethran as well... as it seems that this is a country that one *used* to be able to have pride in, but corruption is slowly destroying it.

  144. This ACLU attourney does not inspire confidence by kalirion · · Score: 3, Informative

    FTA

    According to David Rocah, the ACLU attorney handling Mr. Graber's case, 'To charge Graber with violating the law, you would have to conclude that a police officer on a public road, wearing a badge and a uniform, performing his official duty, pulling someone over, somehow has a right to privacy when it comes to the conversation he has with the motorist.'" (emphasis mine)

    If this David Rocah had even bothered to view the video in question, he'd know the officer was not wearing a uniform.

  145. Caring about money by phorm · · Score: 1

    "And beside, what really kills me, is how you Americans just care about the money"

    Actually, I think incidents like these may demonstrate what it's pretty necessary to care about money in the USA. Money is pretty much the only thing that may stand between you and being f***'ed....

    Not enough money in this case (and no assistance in obtaining representation) often means no lawyer, or a crappy one being assigned to you who is no where near the level of the prosecution. Being able to afford a good lawyer is the thin line between being in jail or not. The money *IS* the support...

    Think about how things have gone to shit with those that have bought politicians. Again... money.

    Those that are in shit jobs, and are being abused. Sure, you might be able to go to court, but again ... money.

    Maybe if there were less lawyers and lobbyists there would be less need for money. But as I see it, in many cases having an empty wallet is like being at a gunfight with a derringer (and the other guy has an Uzi).

    You don't need to be rich to be happy, and there are things that money can't buy. However, without cash then in the current society you'd either better get lucky and hope you never piss off somebody more powerful (/rich) than you, or you get a good jury/judge.

    I'm pretty much middle-class. I have friends who are well near dirt-poor. Yes, often enough they are happy, but they're also often unhappy and stuck in a rut they'll likely never escape, as they can't afford higher education (for themselves or a children) and often end up being worked into the ground just to survive (or finally saying f*** it and grubbing by on public welfare). It's often shocking to visit and see how bad it can be...

  146. Security cameras? by camg188 · · Score: 1

    What would happen if police action is captured on a security camera that is in a fixed position? Would that also be a violation of the Maryland wiretapping law? I'm sure that it happens every time a cop has to arrest someone inside a store.

    1. Re:Security cameras? by PRMan · · Score: 1

      In two-party consent states, security cameras typically are set to record without audio. The (alleged) problem was recording with audio.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  147. Video of speeding by phorm · · Score: 2, Insightful

    Actually, posting the video *with* the speeds made it - IMHO - less biased.
    Sure, he looks like a jackass for speeding, but at least he didn't try and act as if he wasn't pulled over for no reason. In addition to cases like this, there's plenty of edited footage out there too that shows the cops knocking a guy down, but neglects the 30 seconds prior when he was pounding at them or attacking somebody else, etc...

  148. If you've nothing to brandish... by Anonymous Coward · · Score: 0

    I'm sure my contempt for the police shows in this post, but I really do believe that as a whole we need more control of the people we allow to walk among us with guns.

    Good thing I have a license to carry.

  149. HCPD told me I can video record public areas by Anonymous Coward · · Score: 0

    As a board member of my neighborhood HOA, I arranged a few years ago for Howard County PD to talk with us about some problems we've had. One thing I asked them was if we could put up security cameras, either as official HOA owned cameras, or as individual residents. My car and my housemates' cars have been vandalized a number of times, we find drug paraphenalia once in a while, my side yard is used as a trash dump, etc. and we want to know who is responsible.

    The HC Southern District officer in charge (Captain I think, maybe Commander, I forget which title) told us that as long as a camera is pointed at either our own property or at public property (ie NOT at the neighbor's private back yard or other private area), AND that we record video ONLY (NO audio), then we're good to go. He did suggest putting up signs at neighborhood entryways stating that video cameras are in use (even if there are not really any cameras anywhere), but I don't remember that being a requirement to having cameras in place, perhaps it was. So I'm a bit surprised that Maryland is one of the big bad 3 states with such restrictive recording situation. I'd like to offer any interesting footage to HCPD Drug Enforcement and things like that... I've just not had time to deal with installing my 8 camera DVR rig or I'd be recording my private yard/walkways, our cars in the parking areas, and certain points of interest on the street and common grounds areas nearby. But the HOA did get signs made up, and I do not plan to record audio, so maybe that makes it all good?

    Don't police generaly have cameras in the patrol cars to record things as well, so we have all that Cops and Worst Car Chases footage to enjoy on late-night TV? Do they need our permission to turn them on? Subpeona the tape from the relevant patrol car and sue him under the exact same law... (Or do the police have an exclusion for that direction of things?) I attended the HCPD Citizens Police Academy a couple years ago, and they showed footage of some of their operations going down, so they definitely record stuff themselves.

    Who's watching the Watchmen? Posted anonymous coward so I don't get pulled into unnecessary nonsense too.

  150. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    when you are considering giving your life to 12 people too stupid to get out of jury duty.

    And you are the reason juries are like this. I serve on jury duty proudly. True, I don't have my Master's yet and I will likely never have a Ph.D. (my field doesn't offer it), but most people I know would not consider me stupid.

    Yes, when all the intelligent people find excuses to get out of jury duty, that leaves only dumb people. When people look at it as a chore, as a pain, they try to get out of it. Did you ever do that before you were arrested? When you look at jury duty as one of the founding principles of this country, one of the hardest ones to sell out, then it is as much defending your own rights and freedoms as it is serving your fellow citizens.

    And every time someone says something like "too stupid to get out of jury duty", they're making it that much more likely that it, like so many other institutions designed to protect the "average person" will fail. So fuck you. I'm sorry you got screwed by the Feds, and having read posts by you in previous /. articles I do thoroughly believe you got screwed, but fuck you for for insulting jurors and jury duty. You wanna know why they're able to set up the system to screw people like you? Inaction. Disinterest. And the disdain people have for anything that involves public service where they don't see an immediate benefit ("but I'm a smart doctor, I earn $100 an hour, why should I get paid $6 a day to serve on a jury where I might wind up acquitting a fellow doctor who's been involved in a bogus malpractice suit?). You of all people should be encouraging every /. reader to go to jury duty. Otherwise it's left up to 30 year olds who still troll 4chan. Encourage people to become involved in prisoner's rights (here's a good start: http://theprisonshow.org/).

    Don't insult them for giving up their time and energy to help ensure more people don't get screwed like you did.

    /rant

  151. Re:"Facing" and serving are very different things. by alexo · · Score: 1

    not that the 60+% taxes really make it appealing

    The top tax bracket is completely irrelevant.
    What you should be looking at is the standard of living.

    If the after-tax amount you have left is enough to get all the stuff and services that you need, the intermediate steps in the calculation do not matter.

  152. Re:"Facing" and serving are very different things. by dustmote · · Score: 1

    "And beside, what really kills me, is how you Americans just care about the money. Man, quality of life is much more than the money. It's support when you need it. It's knowing that you are protected in case something goes wrong and it's not entirely your fault..." Thank you for this. As an American, I have this argument *constantly* with some...

    --


    -1, "1337" speak
  153. Police abuses - Defamation by xanadu113 · · Score: 2, Informative

    The police in Spokane, WA will file a lawsuit against any citizen who either files a lawsuit against them, or files a complaint against them, for defamation of characters. (Google this, it's true.)

    It's how police keep people from questioning what they do..

    (Wonder if they'll sue ME for even posting this...)

    --
    -Myke
  154. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    Same anonymous coward who just replied to the parent here:

    FUCK YOU.

    Read my previous reply. Thanks.

    No, I will expand. There are plenty of people who serve on jury duty who are neither "mouthbreathers" (though I do get epic sinus infections from time to time) nor have "extremely mis-placed sense of justice on ... power-trip[s]." Some of us actually go into jury duty expecting some dude who got screwed by the police. Or screwed by the prosecutor. Or screwed by city hall (I know someone who is working to defend a guy who served a year for murder/being black and is suing the city for harassing him after he sued the city for putting him in jail for a year based on the evidence of a dog smell line-up [yes, that exists...wtf...] months after the crime actually happened). Or screwed by some "3-strikes" bullshit. Or screwed by one of the thousand levels of government that can screw you.

    And every time you throw around things like "mouthbreathers" at people who are actively trying to help their fellow citizens, it discourages more people from showing up to do the same.

    So fuck you.

  155. Re:"Facing" and serving are very different things. by alexo · · Score: 1

    If I was innocent, yes, I would. My principles mean that much to me. I could not look my son in the eyes years later and tell him I compromised my principles just because there was a chance I could lose.

    When there's a possibility that a plea bargain will still leave you able to provide for your son's home, food and education, your outlook may change.

    I doubt you'll relish looking your son in the eyes years later and telling him "sorry son, I gambled your future on my principles and lost".

  156. Re:"Facing" and serving are very different things. by cynyr · · Score: 1

    good climate? well maybe in Norway. most of Europe doesn't get or stay cold enough for me. If it gets much above 26C, i'm starting to hate it, i'd rather it stay no warmer than say 20C. So Norway it is.

    Otherwise I agree with you. but 40C is right out of the question.

    --
    All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
  157. Copwatch... by xanadu113 · · Score: 1

    What about organizations like Cop Watch, who routinely MONITOR and RECORD the police...? Is what they do illegal?

    --
    -Myke
  158. Thank you by Anonymous Coward · · Score: 0

    I believe you have fully grasped the allegory of his statement.

  159. Re:"Facing" and serving are very different things. by prattle · · Score: 1

    Oliver Wendell Holmes: "I like paying taxes. With them I buy civilization."

    --
    "We are here on Earth to fart around. Don't let anybody tell you any different!" -- Kurt Vonnegut
  160. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I currently live in New York (this is my first post in this thread). I think New York is one of the best states in the United States, as we have a very good state constitution. For example, we can take all the pictures and recordings of cops we want. We're as far from a police state as you can get in the U.S. after Bush screwed everything up.

    So I'm not complaining, ok? BUT...

    I wish I lived in the EU. I wish I spoke Dutch, and could live in Holland (you speak Dutch primarily, right?). I wish I could move to Europe and enjoy the civilization you've created there. Unlike most Americans, I concede that you Europeans have done great things with your form of government, and that you're currently running things a lot better than WE are. How I'd love to live that way...

    Sadly, all I speak is English (and a bunch of programming languages). I'm stuck with the english language countries, most of which are worse than the worst states in the U.S. (the U.K. comes to mind in particular -- what a police state!). I suppose New Zealand might not be bad. I don't think Australia would be any different.

    I guess I could do fairly well in Canada. Sigh...

     

  161. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    If your spouting facts then please, show me the sources you got them from....?

    The only restriction on employment based on nationality in the UK is in the Civil Service - where an American National can't get a job at all - regardless of marital status.
    Otherwise you can get any damn job you want once you get the equivalent of a green card (work permit).
    But please - show me the facts and the source you got them from - that way i can inform my employer of the place where the info needs updating...

  162. It's Politics, not the Police by Anonymous Coward · · Score: 0

    To quote an interview with former Black Panther, Eldridge Cleaver:


    Sure they were abusive and violent. They were murderers. And they still are. But policemen are like dogs on a leash. I'm not saying this to put them down, but you take the leash off a dog and it sics you, and that dog is going to bite if it is an obedient dog. The police function under political direction. They go after whoever they are sent after, and that's where the problem comes in.

  163. Re:most of the low speed limts are about cash and by gorzek · · Score: 1

    I've seen the exact same thing. There are times when I have to drive up to Bergen County in New Jersey. You go through a whole bunch of small towns, along the same road. In one town, the speed limit will be 45. In the next, it's 35. In the next, it's 25. There was no discernible difference between the towns, either--no schools or anything else to provide a reasonable justification for the sudden drop in speed limit. It's just that cops in the 35 and 25 towns are huge assholes and keep the speed limits low to catch people who think it's still 45 or 35. I know not to speed through the town where it's 25, too, because the cops there patrol like crazy to keep their revenue stream.

    Speed limits are supposedly about "safety" but it's pretty clear that safety falls by the wayside when there's money to be made.

  164. Re:"Facing" and serving are very different things. by Skuld-Chan · · Score: 1

    Where am I supposed to go? Its not like other countries are all that friendly to immigrants wanting jobs.

  165. Dashboard Cam From Marked Vehicle? by recoisiche · · Score: 1

    Interestingly, you can see the marked police car pull up right behind, during the incident. Is there any chance that this car had a dashboard camera (with video and audio)? If a person stopped in the middle of a public road has a reasonable expectation to privacy, then dashboard cams could NEVER be used. In this case, even if the marked car's dashboard cam was not recording at the time, the unmarked cop would have known of the possibility (consent?), and thus would not have had a "reasonable expectation of privacy." I know a hypothetical camera is not the same as a real one. But it would be very interesting to know if/how that would fit into this scenario.

  166. 127 ON A BIKE by caveat · · Score: 1

    He wasn't ripping along in a Hummer or anything, he was on a freakin' motorcycle. Sure, he'd crunch up the outside of a vehicle pretty well, but unless he ran smack into a stopped car and managed to catapult through the window, he was only endangering himself. One of the basic rules of riding, the cagers aren't gonna look for you because even if you DO hit them you aren't gonna hurt them.

    Mind you, I don't endorse nor practice asshattery like that, but at the same time I realize that despite what some people shriek, it isn't particularly dangerous to anybody other than yourself.

    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
    1. Re:127 ON A BIKE by fishbowl · · Score: 2, Insightful

      A lightweight motorcycle these days is over 500 pounds. No matter what kind of cage you're in, I don't think you'd feel too comfortable with a 500 pound mass being launched at 127 mph in the direction of your cage.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:127 ON A BIKE by gd2shoe · · Score: 1

      Mind you, I don't endorse nor practice asshattery like that, but at the same time I realize that despite what some people shriek, it isn't particularly dangerous to anybody other than yourself.

      Not true. In the event of an accident, he was far more likely to injure himself, but that does not excuse the risk he imposed on others.

      What if he caused another driver to swerve? He didn't even need to wreck himself to cause fatalities.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  167. Re:"Facing" and serving are very different things. by roman_mir · · Score: 1

    I don't blame anything except for people. People are the root of everything. No system can withstand the will of people, and the will of people is always the same: take as much as possible, give nothing back. This works out to detriment of any ideology in the long run, that is exactly why any social system, no matter how great in the beginning will get corrupted. Any system gets corrupted over time due to people, and specifically people in power, and that means people in government and that is why I am always against any government, I see it as inherently corrupt.

  168. just watch the video ... by farble1670 · · Score: 1

    that cop is a complete moron. there is nothing to identify him as a police office: no uniform, unmarked car, no display of badge. yet the first thing he does is pull his gun, for a traffic violation. absolutely crazy.

  169. No, that's what the police tell *you* by walterbyrd · · Score: 1

    You don't say that to the police. There must be two standards.

  170. Re:"Facing" and serving are very different things. by Skuld-Chan · · Score: 1

    Think about it this way - you probably pay a certain amount for health care benefits. Typically HR calls this the employee share. Find out how much your employer pays per month (not your share, but in total). You should be pleasantly surprised that its almost 2 grand - mine is and I pay around 250 a month (my share).

    I personally rather have the 2 grand and get taxed at 30-40 percent.

    So no - healthcare payments aren't a tax per-se, but its why many "liberals" here in the US say that we pay more than any European country and get less favorable results.

  171. Did you watch the video? by Anonymous Coward · · Score: 0

    WTF some guy walks out of an unmarked car - no uniform, no badge pointing a gun "saying get off the motorcycle" about 5 times before identifing himself as a police officer. It would not surprise me if this video instead showed an officer getting mowed over before having a chance to utter the word police. Without context provided by youtube it looks like something straight out of GTA.

    You'd think at least common sense would dictate the existance of a protocol to protect both police and citizens so unfortunate actions are not taken in self defense. (especially when unmarked cars and ununiformed officers are in play)

  172. But why do you need a middle men in this? by jbssm · · Score: 1

    I personally rather have the 2 grand and get taxed at 30-40 percent.

    But I really don't understand why you need an intermediary in the middle profiting for something that should belong to all. Because it's not like you can have an acceptable quality of life without medical treatments, so you actually need to have medical insurance. It's not like having a anti-burglar insurance, that might come handy, but I wouldn't die because of not having it. The insurance companies are profiting from something very serious ... your health. So, why not simply remove them, and pay less for the same service ... or the same for a better one?

    See, that's the part I don't get about you people. How can you defend this system, that only benefits the insurance companies and the corporation behind them. Not the state, and certainly not the people.

    1. Re:But why do you need a middle men in this? by Skuld-Chan · · Score: 1

      I'm not defending it personally - I think health care in this country is a joke. In fact I'm trying to show how we do in fact pay a hidden tax that most of us are blissfully unaware of.

      Health care really can't be all that affordable in this country when you have ceo's making almost a billion dollars in wages every year on making us feel better.

  173. Re:You have to forgive many of us if we are skepti by xanadu113 · · Score: 1

    In Spokane, many more people are busted for conspiracy to possess a controlled substance than for actual possession of a controlled substance...

    ...Which probably explains why I have a lot of random people walking up to me asking me if I want to go score with them when I'm downtown there... I'm always like "no thanks..." =)

    Maybe I should start saying "You dropped your badge..." =)

    --
    -Myke
  174. Not an isolated incident. by barbarai · · Score: 2, Informative

    This is not an isolated case. In Chicago, an artist/activist is facing felony charges for videoing his arrest for selling small sew-on patches for $1.00 without a peddler's license. They dropped the charges about the peddler license, but the felony case is in court. See http://www.c-drew.com/blog/ for his on-going saga. It is a case of dominated discourse when police and authorities can tape people, but people can't tape back.

  175. Sauce for the goose is sauce for the gander... by Locke2005 · · Score: 1

    So I presume any cop in the state using a dashboard camera is ALSO subject to prosecution under the same law?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  176. If this guy gets convicted I'm moving to Canada by fhuglegads · · Score: 1

    It's funny how this is even possible in this country. Ironic that police want to have cameras record drivers go by traffic signals but don't want themselves filmed.
    What effin' wire did this guy tap? None.

  177. Re:"Facing" and serving are very different things. by TooMuchToDo · · Score: 1
    I'm blowing all my mods in this thread to reply.

    I'm a US citizen, born and still living in Illinois. I've visited almost all of the EU and would love to live there except for the taxes. You mention quality of life, a fair point, up until your country has crushing debt (Greece, Spain, and soon the UK and France) and has to cut social programs to balance their budget. I've been saving for over a decade from the proceeds of my own business. My lower tax rate combined with my savings means I have freedom. I can move anywhere in the world and live well (even France). Can you say the same? Or is your quality of life limited to where you live (and based on who is in power at the time)?

  178. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I also am American, though I also have UK citizenship and have lived there as well, so I'm here by choice.

    I was raised in a time before 20M+ illegal Mexicans ran the show.

    That's just ludicrous, the illegal immigrants have very little financial or political clout.

    The rest of the world might not be aware, but the USA will soon face it's 2nd Civil War. Every day that I read about incidents like the one discussed in this thread, I pray that more of my fellow citizens will being to think as I do. That way, the War will come sooner rather than later; which to me means that the healing can begin sooner.

    I actually live in MD, and rather than incidents like this making me fantasize about shooting people it makes me want to take steps to curb these types of abuses through the democratic process. Owning guns in the belief/hope that you will use them against the government is, in my opinion, even more misguided than those who buy home defense guns in the belief/hope that they'll get into a room by room shootout with home invaders bent on harming (for what reason is never specified) their family. It's not a rational assessment, and seems to stem from some sort of feelings of powerlessness. I'm not against guns, and I'm not terribly pro-government, but your rationale seems way off base. Try not to end up like James von Brunn, living in a paranoid fantasy world.

  179. Re:"Facing" and serving are very different things. by WillDraven · · Score: 1

    I have an honest question for you. Can you find me a country that will take me and help me get there with my family?

    I got sucked into the American "justice" system when I was 14 for playing with fire in the middle of the road near my house. Ever since then the local cops have labelled me as trouble and been sure to search extra hard when I get pulled over.

    I was kicked out of school shortly afterwards because several months earlier I had given a friend a copy of the anarchist cookbook on a floppy disk. The administration of course "found out" about this the day after the columbine shooting. Only after threatening to sue did they agree to pass me on to the next grade, but they wouldn't give me credit for all my high school level classes.

    So I got dumped into 9th grade taking a bunch of classes I had already been through. Being young, angry, and too smart for my own good, this was of course unbearable. So I dropped out as soon as possible, but the laws being what they were I had to go through a year and a half of high school I didn't need. I skipped constantly only to show up on test days and get high 90%'s. Because I wasn't doing the boring repetitious homework of course my grades tanked. As soon as I hit 16 years old I dropped out, waited the mandatory 6 months and then took my GED, getting 99% on nearly every test. I've gone into community college a couple times but every time I get so bored and/or frustrated of taking classes full of people who dropped out of high school because it was too hard for them, and teachers who either don't expect much, don't care, or don't understand what they're supposed to be teaching. Between that and the need to work as much as I can so I don't starve I always end up dropping out

    Thanks to the extra police scrutiny as well as a year long undercover investigation to bust our "drug ring" (read: teenagers smoking pot) I've got a handful of felony convictions. At 16 I decided to plead out instead of facing 20 years in prison for giving somebody I thought was a friend a dime bag after he claimed his step-dad would beat him if he didn't come home with some pot.

    I spent a couple years hitching around with the hippies and anarchists trying to save the world from the insanity I had grown up in with slogans and protests, but eventually settled back down near my hometown and now have a fiancée and a 1 year old son. I did a lot of parkour during my roaming days and so now have a really screwed up spine (and no health insurance) so physical labor is out. Nobody corporate will hire me because of my criminal record so I work with my dad in real estate getting ~25% of his commissions (in exchange for keeping track of everything for him, half the reason I still work with him is because without me he would lose track of his own head). I barely make enough to keep a roof over my families head and the lights on. I have no higher degrees, no verifiable experience in anything other than getting my ass kicked by the cops, and no savings.

    How the hell am I supposed to jump ship to another country?

    --
    This is my sig. There are many like it but this one is mine.
  180. Helmet cam by gknoy · · Score: 1

    You appear not to have watched the video, which was taken with a helmet-cam.

  181. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    As opposed to Italy, where the mafia will kill you if you don't pay protection money.

    Or Britian where the CCTVs are everywhere all the time.

    Or France where it's impossible for twenty-somethings to get work.

    Or how about we ignore biased overblown judgments of others' systems?

    Really, if you have a bit of money and can afford a lawyer, the legal system isn't all that bad here. If you're poor, shit sucks for you, but it sucks pretty much everywhere. Although, yeah, it's probably better in Europe. No wonder why you guys have so many poor immigrants wandering in. But that's what you want right? You're questioning why we live here, and implying we should move there. Because it's a sign of a good government and country. And that's why we have immigrants coming up north. For all it's problems, we're still better then the alternatives.

  182. The job of the officer... by Anonymous Coward · · Score: 0

    ...is to protect his life first. If the driver is aggressive and reckless you assume he will be aggressive and reckless once confronted.

    How many times have people complained that, "I wish a cop was there to do something." An off-duty cop stepped in and did something and we need to cry about it.

    Be upset about the "wire tapping" not the actions of the officer.

  183. Gangland style, baby! by professorguy · · Score: 1

    C'mon, everybody knows how to kill "gangland style:" Two to the body to put 'em down. THEN, approach and one in the head to be sure.

    In the old days, you'd then drop the (gauzed) gun immediately, so if you were stopped even a few feet away, you could say twernt me. However, technology has removed that option.

    Oh, to go back to those halcyon hitman days....

  184. ridiculous! by Anonymous Coward · · Score: 1, Interesting

    that was a completely unprofessional traffic stop! is that how maryland state police normally operate? was that guy actually on duty? no emergency lights or markings on the vehicle, could have been his personal vehicle. jumps out of the car immediately displays his weapon, no uniform, and does not immediately identify himself as a police officer. he could easily get himself shot doing that! especially by another off duty police officer. And as far as I know the privacy laws have nothing written special in them for employees of law enforcement, so the same rules apply equally. Noone should have an expectation of privacy when they are out in public. This is how the paparazzi are able to photograph and videotape celebritites just about anywhere they go. and how the news media is able to record/broadcast when some incident is happening in public. if anything a public local law enforcement agency should have a much lower expectation of privacy. seems the maryland state police is forgetting who their boss is, the public!

  185. unprofessional and trying to hide it by yyxx · · Score: 1

    The cop was behaving completely unprofessionally by pulling his gun and not identifying himself. The video is quite embarrassing to him, so the police are trying to go after the rider, it's as simple as that.

    We really need laws that ensure that recording public officials is legal while they are on the job, with or without their consent, with or without their knowledge. That shouldn't just apply to cops, it should also apply to government offices and anywhere else public servants work.

  186. Re:"Facing" and serving are very different things. by jbssm · · Score: 1

    My lower tax rate combined with my savings means I have freedom. I can move anywhere in the world and live well (even France). Can you say the same? Or is your quality of life limited to where you live (and based on who is in power at the time)?

    No, I don't, I'm quite limited to living in the European Union and if I want to move to a rich country outside EU, I know that all I've made here will be kind of lost. Then again to say the truth, the only 1st world countries outside EU where I see myself living are Australia or New Zealand (that have a quite good social system as well), cause I feel I have mostly of what I need in Europe, which let's face it it's extremely diverse.

    This is not to say I couldn't go living to Australia, I could, and actually I have 2 friend couples that just went there about 1 year ago. But no, they don't live well (well, in the sense of wealthy), they just have a medium middle class life there.

    But this takes me to the important point. By living here, I receive quite a lot from the state, but I also contribute. My taxes are used for good stuff. Stuff that benefits me and the other citizens. In my way of seeing things (and you see that's the way the other mostly do around here), that's the correct way to take your life ... contribute to society. That's why not all the immigrants are treated the same way around here. For instance, Ukrainians are really hard working, and they pay taxes and they have kids and raise them here ... so we like them. Some other immigrants, because of they culture, don't want to do that, so of course we don't feel very happy to have them around.

    In the end, well, see it a bit as the Americans thinks about their army ... people that contribute to their country. We don't like armies that much ... but we certainly can appreciate people that contributes to the country in other ways, and in here it's not difficult, just work when there is work to do, and pay taxes when you got a work.

  187. Re:Funny, the detail that is left out by yyxx · · Score: 1

    They always got something to hide. So since they hidden that this guy is an asshole, what more are they hiding?

    "They" have hidden nothing; they guy admits he was speeding.

    Because I personally think speeders should be locked up for life,

    A speeding motorcycle is mostly a risk to itself and relatively harmless to other drivers.

    ACLU and every other privacy nutgroup, learn that if you expect people to take you serious,

    I doubt anybody gives a f*ck whether a moron like you takes them seriously.

  188. not that simple by yyxx · · Score: 1

    The fact that the police are trying to get away with this doesn't mean that they will be able to. Court rulings in the US have so far generally been in favor of people charged with illegal taping. We should, however, make sure that laws make it even clearer that photography, video, and audio recordings in public places are completely legal, by anybody, for any purpose, and can generally be published as well.

    Whatever the situation in the US is, it is far worse in Europe. The UK, for example, passed explicit laws against photographing police. Similar laws exist in some other European nations.

  189. Re:"Facing" and serving are very different things. by noidentity · · Score: 1

    Which is exactly why one who is informed should not try to avoid being put on a jury.

  190. Re:"Facing" and serving are very different things. by TooMuchToDo · · Score: 1

    The problem is that you either have to choose to be dependent on the social system of the country you live in or be dependent on yourself. It's not always easy to move to another country when the one your in is experiencing economic chaos (Greece, for example).

  191. Art-Patch-Artist by Art-Patch-Artist · · Score: 2, Insightful

    This is much more dangerous that most people realize because this is a trend in law enforcement. I am an artist in Chicago threatened with the very same offense. I was arrested while testing the misdemeanor peddlers license requirement in Chicago for selling art for $1 on State Street in the downtown area. Because I audio-recorded my own arrest in order to collect evidence of what happened during my arrest I was charged with a 1st class felony for violating the arresting officers privacy rights. As noted in this discussion, police officers on duty in public arresting people are not acting privately and the State does not accord them privacy rights while on duty. Yet, three States are testing new wiretapping laws, Maryland, Massachusetts and Illinois, with the idea being that if they are able to take our 1st Amendment right to watch our public officials (mainly police) away from us they can neutralize the threat of citizens using cell phone technology to gather information to protect themselves from a budding police state. We must establish our right to use our technology to protect ourselves. That is what is at stake. This is a fault line, one side is a police state and the other is democracy. you can read more about my case by googling "Chris Drew eavesdropping" or visit my website at http://www.c-drew.com/blog where I explain lots of interesting First Amendment issues. Sincerely, Chris Drew

  192. One-button upload to Wikileaks by Animats · · Score: 5, Interesting

    Here's a useful phone app someone into phone apps should write. When you push one emergency button, the phone starts taking video and audio and uploading it in real time to a server, which then immediately sends the video someplace where it can't be deleted. (Sending it to YouTube, Wikileaks, the ACLU, and CopWatch might be overkill, but it would work.)

  193. apples and oranges by yyxx · · Score: 1

    You're comparing marginal tax rates in the highest tax brackets. Progression into the highest tax bracket is much faster in Europe than in the US. In addition, European nations impose a lot of other requirements on you that result in additional annual expenses: television licensing fees, intellectual property fees, administrative fees, etc. Of course, salaries tend to be lower and prices higher in Europe as well. The limit for Danish immigration is about $80k these days, which is quite high for Denmark.

    Of course, moving to Denmark isn't exactly a walk in the park for non-Danish people anyway: there's the language barrier and a big cultural barrier. There's a reason Denmark makes it comparatively easy to immigrate: supply and demand for Danish immigration.

  194. Re:"Facing" and serving are very different things. by droopus · · Score: 1

    Consider: three of those statistics: (the high ones) do not involve trial, innocence or guilt: they are of ALL Fed criminal defendants.

    The most telling: 93.6& of all Federal CASES result in a guilty plea. So, if you are simply charged (you don't have to be indicted, you know...I saw many inmates who waived indictment) you have about a 94% chance of being found or pleading guilty.

    Busted By The Feds the book many inmates use (stupidly) as a legal bible has even more frightening statistics.

    I suspect your first assumption is probably the right one. How else to explain these statistics: that the US 1) has the highest incarceration rate in the world, 2) the highest documented prison and jail population in the world and: 3) 7.3 million people on probation, in jail or prison, or on parole?

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  195. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I saw guys serving 20 years for making a phone call. I am not kidding.

    Was that a phone call to intended as a go-ahead to kill someone? Drug smuggling? You see, you can make lots of phone calls for different purposes. It's probably not a phone call to place an order for pizza.

    I've seen you post before and get modded positive. Yet, you never write what you were in jail for? And yes, everyone is innocent in jail except only few are more innocent than others.

  196. In theory police here can't have a crime on record by HannethCom · · Score: 1

    In Canada you are not allowed to have a criminal conviction on your record and be a police officer.

    Now, while that's great in theory, a recent study showed that 15% or police officers in Canada currently have a criminal conviction on record. Some of these being police chiefs. When the police get called on this, the government usually pardons the person, which removes the record of the criminal conviction.

    And the police wonder why we the people don't trust them.

    I constantly see police breaking the law. They especially show a disrespect for traffic laws. Speeding, running red lights when they aren't responding to a situation, illegal turns. Them following the law is more of a shock because it happens so rarely.

    --
    Microsoft, Apple, Google, Amazon what's the difference? All steal money from devs and control with walled gardens.
  197. Re:"Facing" and serving are very different things. by Splab · · Score: 1

    Well first of all, most of Europe got the hang of English, so language barrier is a not really that big of a deal. Secondly, when you get a job here, most companies are willing to spend money on teaching you the local language, a new employee is a big investment, we (the company) want to protect that investment and make sure you thrive. Also, I think your view on UK police is misjudged, from my experience they are nice and friendly - not sure what you base the police state on.

  198. Re:"Facing" and serving are very different things. by adamchou · · Score: 1

    how willing are you to gamble your life when the prosecution can completely misconstrue what happened? I'm certain you're ignorant to what you're talking about. If you were the one getting convicted, you'd take a much different stance. Otherwise, you might end up like this man

    Willingham's case gained renewed attention in 2009 when an investigative report in The New Yorker,[1] drawing upon arson investigation experts and advances in fire science, purported to demonstrate that, contrary to the claims of the prosecution, there was no evidence that the house fire was intentionally set, and that the State of Texas executed an innocent man.

    do some research and you'll see for yourself that defending yourself is not only too expensive for the average person, but its also extremely difficult when the DA can falsify evidence and testimony. And believe me, if you do some research, you'll find numerous instances of this occurring throughout the nation

  199. Re:"Facing" and serving are very different things. by Stormtrooper42 · · Score: 1

    60% taxes, where? I would say, that the most taxing countries (France for instance), get at most 50%.

    It depends what you consider as a tax: here in France, more than 50% of the money your employer puts in your salary goes to the government. Then you have to pay your taxes: http://fr.wikipedia.org/wiki/Fichier:Coin_fiscal_OCDE.png. There is also a 33% tax on profit the companies make, and a 19.6% VAT on everything you buy. So, actually, much more than 50% of the money goes to the government at some point.

    But I agree with you that quality of life is more important than money.

  200. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    First thing you learn in a lawsuit (not criminal in my case, but same idea applies), is that the truth doesn't matter. Once you are in a lawsuit you are now playing a game and you have to do whatever it takes to win the game, whether that means maintaining your innocence when you are guilty or admitting guilt when you are innocent.

    And this is American freedom is it? This is what you all mean when you're screaming "We're number one!" This is the right way of doing things - the way you're exporting to the rest of the world through strong-arm tactics and bullying?

    No wonder parts of the world hate you, and most of the rest think you are fools.

  201. Re:"Facing" and serving are very different things. by gfreeman · · Score: 1

    When the plea bargain means going to jail anyway, I'd go to trial. If I lost, I'd appeal. Very loudly.

    --
    Ceci n'est pas un sig.
  202. Re:most of the low speed limts are about cash and by Grishnakh · · Score: 1

    I'd be all for red-light cameras if it weren't for the fact that they always shorten the yellow-light timings when these are installed, causing more accidents at these intersections.

  203. Re:"Facing" and serving are very different things. by jbssm · · Score: 1

    Sorry for answering two times. But actually the graph you gave me reflects what I said (in my 1st answer to you), see the line that says: coin fiscalo-social, en % de travail total. It gives 50%! Because like I was saying, you must remember that the employee doesn't pay himself one of those taxes. So actually half the green the employee is paying for you, the other half he is paying for himself ... but as you can see in the end, they are only taking half of the money from your work in total. So the 50% I said.

  204. Just another day in Maryland by Anonymous Coward · · Score: 1, Informative

    A similar situation happened in the area where I live, also in Maryland. The wiretap law in Maryland is very sketchy and skewed against the rights of the public. A guy had a pocket audio recorder, and had it intentionally recording in his shirt pocket. He had a conversation with the mayor of the city just outside the front door of city hall on the steps, and recorded it. He was charged with felony wiretapping but plead out on an Alford plea to the misdemeanor of something along the lines of distributing a recording without consent of the recorded, another ridiculous Maryland law.

    The guy in this case is a bit of a wackjob but the argument is valid, with ridiculous two-party consent with EVERYTHING...
    http://www.wboc.com/Global/story.asp?S=10162408
    http://thepocomokepubliceye.blogspot.com/2010/01/local-blogger-wiretapping-trial.html

    I'd give better references but the local newspaper archives articles and makes you pay to access them.

  205. WRONG STATE by bussdriver · · Score: 1

    The one party system for recording applies to MOST states; there are just a few messed up corrupt states where everyone must be informed. Google around and find out if your state is a one party or all party recording state.

  206. Re:You have to forgive many of us if we are skepti by farble1670 · · Score: 1

    A guy who sells small amounts of drugs three times does 20 years, mandatory

    that's called natural selection.

    you get caught selling. receive your punishment. now you decide gee that it would be a good idea to do that again. then you get caught *again*, receive your punishment. at this point you've probably even served some jail time.

    now, knowing that a third offense carries a 20y mandatory, you decide to sell AGAIN ...

    don't get me wrong, drug sentencing is way out of whack with the crime. but repeating and getting caught 3x in a row either says your are extremely stupid or trying to make a point.

  207. Peacable assembly etc is not fairly allowed by bussdriver · · Score: 1

    Just like the POLL TAX on voting; government has undermined the right to gather by requiring permits. Police may not show up and cause trouble but you could be in trouble for unlawful assembly and whatever else they can make up.

    You are required by a protest TAX to ask permission to exercise your rights and they CAN turn down your permit or move you to a free speech zone and charge too much "processing fees" - being totally unreasonable under the laws. We'll need a big fight to undo it just like there was for the poll tax on voting and the other laws that anybody with a brain could honestly see were just legal games to hack away at our rights. This is what judges are supposed to be doing; cutting out the BS that is just playing legal games to defeat laws and our rights not being so literal minded computers will soon be able to replace them.

  208. Re:most of the low speed limts are about cash and by Bryansix · · Score: 1

    most of the low speed limits are about makeing cash and not safety just like the red light cameras.

    Quoted for Truth! Highway Patrol should be pulling over people who don't use their turn signals or don't yeild the right of way but pulling over harmless speeders is much easier.

  209. Re:"Facing" and serving are very different things. by steelfood · · Score: 1

    For Americans, quality of life is not as important as freedom. The freedom to do as the individual wants is more important than the good of the collective, which is what socialism is about. It is built upon the idea that the individual can do anything with enough blood and sweat, and thus not only is state assistance unnecessary, but the state shouldn't help.

    At least, that's the ideal. It assumes an educated, enlightened populace who will weigh their every act that benefits the individual against how it will affect society, and will moderate any extremes and choose appropriately. What actaully happens is that people somehow interpret personal freedom to mean they can do anything they want without repercussions. Hence laws are enacted to stop such behavior, and government intrusion becomes necessary. The founding fathers understood this, and tried to enforce moderation of government intrusion through the constitution. Unfortunately, if the government is of the people and the majority of the people are uneducated and unenlightened, then it's only a matter of time before the whole elaborate system falls on its head.

    One can say that the ideal of personal freedom itself is cognitively dissonant from reality, and that the compromises of socialism makes for an overall healthier society. But that's a separate discussion altogether.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  210. who's threadjacking whom? by Anonymous Coward · · Score: 0

    I think it's clear that riding a motorcycle at 127mph in traffic while doing wheelies is pretty fucking illegal. What the police department did about the recording is very wrong but that's a separate issue.

    Those are indeed two distinct topics, but the latter topic is what this thread is about. I agree with you, at least in general, about traffic safety, but that's not what we're here to discuss.

  211. Re:"Facing" and serving are very different things. by alexo · · Score: 1

    When the plea bargain means going to jail anyway, I'd go to trial. If I lost, I'd appeal. Very loudly.

    That is a good course of action provided that:
    1. You have enough funds to last through the trial and the appeal.
    2. The appeal isn't thrown out.

    Even then, appeals often not go as one hopes for.

    Some info from http://en.wikipedia.org/wiki/Court_of_appeals

    The authority of appellate courts to review a decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. For example, in the United States, both state and federal appellate courts are usually restricted to examining whether the court below made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.

    In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals.

    I'm curious though, what is the difference between a regular appeal and a very loud one?

  212. Easy solution by kimvette · · Score: 1

    Post "Audio monitoring and/or recording devices may be in use at all times." decals on the windows. By speaking the douchebag rookie cop with an overblown ego (no offense intended to respectable officers here - I've had run-ins with douchebags and have also been pulled over by very decent officers so I do NOT mean to offend everyone because there are a few douchebag rookie cops out there who should not be allowed to drive let alone wear a badge) consents to having his douchebaggery recorded for public record.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  213. Re:Funny, the detail that is left out by kimvette · · Score: 2

    You do realize that rural highway speed limits are maxed out at 55mph-65mph (and often decreased on DOWNHILL sections) solely to raise revenue, right?

    When you show me officers enforcing speed limits in school zones, residential side streets, and enforcing right of way in roundabouts/rotaries, and enforcing proper turns and lane changes (i.e., turn indicators/signals/blinkers) I might agree with you. But until actual safety regulations are enforced, I have to call bullshit on your entire post.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  214. Re:"Facing" and serving are very different things. by Bryansix · · Score: 1

    And trust me, it's YOU that needs to do the proving, innocent till proven guilty is BS.

    Quoted for truth. I worked for a company that had an injunction filed against it BEFORE any charges were filed or delivered to the executives of the company. The FTC filed the injunction and it said in it that the company could not use company money to pay its employees, pay its debtors, or even DEFEND ITSELF! What a crock of shit!

  215. Re:"Facing" and serving are very different things. by Bryansix · · Score: 1

    Like the burden of proof for THIS case to go to trial? Wake up. Judges grant cases all the time with little or no evidence or precedent for the charges to even apply.

  216. Different != Worse by sjbe · · Score: 1

    yes, you pay 50% taxes, but that comes with UNIVERSAL health care, real rights to the ones that get unemployed, children support, practically FREE education all the way until the end of college

    Free? It's not free. Your education and healthcare are paid for with tax dollars instead of private funding but it's not remotely free. Much of the education here in the US is paid for with tax dollars too even at the university level but Americans tend to prefer the option to choose what they pay for instead of having the government do it for us. Same with health care. You'll find that most Americans follow the principle that whenever possible those who use a service should be the ones paying for it. Sometimes that is not possible (military, infrastructure, primary/secondary education, etc) but it's not a bad concept and certainly no worse in principle than a system run by the government.

    There are real unemployment rights in the US too but with an eye toward pushing people to get back to work instead of remaining unemployed. Unemployment rates in have historically been lower in the US than in much of Europe. There is no free lunch here. Greater unemployment benefits create incentives for people to remain unemployed. After all, why work if you can get by without working? Lesser employment benefits are harder on people in the short run but arguable better for everyone in the long run.

    And beside, what really kills me, is how you Americans just care about the money.

    You don't really know much about Americans do you? Much easier to lump us all together with ridiculous stereotypes than to actually try to understand. I'm sure you have lots of evidence to back up your assertion that Americans care about nothing but accumulating as much money and material wealth as possible. Couldn't possibly be true that we're just a teensy-tiny bit more complicated than that. [/sarcasm]

    Man, quality of life is much more than the money.

    True enough.

    It's support when you need it. It's knowing that you are protected in case something goes wrong and it's not entirely your fault

    Social Security, Medicare, Unemployment Benefits, Welfare, Insurance, Workers Compensation, WIC, Food Stamps, Homeless Shelters, Food Banks, Nonprofit Humanitarian Groups, and Emergency Response systems are just a few of the support systems we have here in the US. There is literally no part of the social safety net you can point to in Europe that does not have an equivalent here in the US. Not identical and not perfect but it is a system that works. The ones in Europe work fine too but have their flaws as well if you actually care the take an objective look. Different approaches with the same end goal. Americans prefer a different approach that suits our particular sensibilities. If you don't like it, that's your choice and we don't really care.

    it's good climate (well, this only applies to Souther Europe)

    Yeah, the weather is really shitty in Southern California, Florida, etc. Do you have ANY concept of the geography in the US? The most populous states not coincidentally have pretty good weather. I live in a more northerly area and the weather where I live is absolutely delightful most of the year.

    it's culture for free

    Are you seriously making the incredibly tired argument that Americans have no culture and not access to it? Do you seriously believe we have no art, no food, no music, no museums, no social outlets and no dance? Do you really think we charge for access to all of it?

    it's really good food (once again ... only in southern Europe :D)

    Then I feel bad for you because I've had truly excellent food throughout the US. I've traveled extensively and US cuisine is as good as anywhere I've been. There are some excellent culinary traditi

    1. Re:Different != Worse by jbssm · · Score: 1

      Free? It's not free. Your education and healthcare are paid for with tax dollars instead of private funding but it's not remotely free.

      Let's get this straight. We pay more taxes. We get Univerity Educations, Healthcare, etc, with them.

      but it's not a bad concept and certainly no worse in principle than a system run by the government.

      Well, in out way of seeing things, it certainly is, let me tell you why. If you where born poor, in a poor neighborhood, and with uneducated parents, you chances to go trough University are practically 0%, not exactly 0%, but certainly low enough for you to be loosing many young bright minds because you don't give them enough monetary help to go until the top of the educational system.

      Unemployment rates in have historically been lower in the US than in much of Europe. There is no free lunch here.

      Numbers - EU Unemployment:8.5% USA: 9.5%

      Greater unemployment benefits create incentives for people to remain unemployed. After all, why work if you can get by without working?

      Let me tell you very simply with numbers why that is a false statement. 1st - Check Eurostat for Unemployment and you can clearly see that there is no correlation whatsoever between social support for unemployed people and unemployment rates. It's quite easy, just look at Northern Europe and the picture get's right away evident. What you are stating is just a pre-conceived idea with absolutely no scientific or statistical basis to it. Unemployment depends practically only on the work market of the country. And the numbers support that.

      You don't really know much about Americans do you? Much easier to lump us all together with ridiculous stereotypes than to actually try to understand.

      Stereotype, no sorry. You are much more consumer minded than we are. I mean, how many SUV's do you think there are in all Europe vs just in Texas for instance? Besides my point was not even that, as practically all the commenters understood. My point, was that you just care about the money and not about the benefits you get from paying taxes and have less money.

      Different approaches with the same end goal. Americans prefer a different approach that suits our particular sensibilities. If you don't like it, that's your choice and we don't really care.

      Ok, let me put you a very simple question then: You don't have an health insurance, you have very few money cause you are unemployed you in a bad paying job. You contract AIDS. Does the HeathCare you have there (or had, I still didn't understood what Obamma did change. Really, not being ironic, I just can't find straightforward info about it) pay for the medicine that's need for you to be treated and have a normal life? And Cancer, do they pay for you treatments and medicine? I mean, the best medicine at the time, not some stuff with 20 years old. Please just answer this.

      Yeah, the weather is really shitty in Southern California, Florida, etc. Do you have ANY concept of the geography in the US?

      Men, please relax. Once again you missed the point, that no-one else missed. I wasn't saying that all North America has a bad climate. We are not that ignorant around here ... it's practically a full continent, how can it all have the same climate? Just think a bit before start shooting. I meant (and like I said, seems everyone understood that except you), that quality of life is more than money, it's also good food and good weather, for instance, I didn't say that all America has bad weather and bad food. Gosh, get a grip.

      Are you seriously making the incredibly tired argument that Americans have no culture and not access to it?

      Look at previous point. And anyway, you do have it, but I don't believe you have it like here. Can you for instance go and see a big Russian ballet com

  217. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    Wow you actually believed all that garbage? Have you *read* the Constitution before all the amendments? Scary scary stuff my man.... scary. We're not exporting it to the rest of the world, your leaders are selling it so they can take all your money.

  218. Re:You have to forgive many of us if we are skepti by Bryansix · · Score: 1

    MOD PARENT UP!

  219. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    I don't live in the US, so not subject to the stupid dollar value attached to accessing the legal system as obvious in the US.

    A very loud appeal involves the media. I'm innocent, there's a human interest story there. Either I've been framed, or caught in a technicality - both scenarios a decent journalist can run with.

  220. It is not just Maryland, see here by Anonymous Coward · · Score: 0

    Photographer Carlos Miller has been tracking these types of cases across the country for a couple of years. Check out his website for more information:

    Photography is not a crime

  221. Re:"Facing" and serving are very different things. by alexo · · Score: 1

    I don't live in the US, so not subject to the stupid dollar value attached to accessing the legal system as obvious in the US.

    But the OP is. You cannot fault his choice until you find your self in a similar situation

    A very loud appeal involves the media. I'm innocent, there's a human interest story there. Either I've been framed, or caught in a technicality - both scenarios a decent journalist can run with.

    Whether you are innocent of guilty is for the court(s) to decide.

  222. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    Hey, I'm sure this will not be published or modded out as Troll, but US citizens (not "Americans", that is a continent, not your country) are too used and unaware that they are being used as toys by their government institutions.

    Here in /. people use to joke about Soviet Russia, but today's United States are the same or worse. They would make George Orwell very proud.

  223. Re:You have to forgive many of us if we are skepti by Anonymous Coward · · Score: 0

    I'm just suggesting people be very careful.

    Scary. I know I need to leave the U.S. sometime before "permanently leaving the U.S." is interpreted as "conspiracy to commit treason."

  224. Re:"Facing" and serving are very different things. by Anonymous Coward · · Score: 0

    First of all, to be pedantic: VAT is in most EU member states different on different goods so whilst it's there on "every goddamn thing you buy", it's not that high on everything.

    But in your obsession with taxes, you seem to forget a number of valuable things Europeans get for their tax euros - such as health care and subsidized public transportation, which benefits everyone. Less congestion and less pollution is a pretty nice thing to have (there are even areas in the EU where bus transportation is completely free). Furthermore, since tuition is free at European universities, graduates have much smaller student loans, if any (you might have to take one to cover living expenses whilst studying but you actually do get a certain monthly allowance depending on what degree you're studying for and proof that you do pass courses).

    I suspect that you're fully aware that your statement regarding income tax percentages only applies to the highest income bracket but what you might not know, however, is that certain "household services" - such as cleaning and small repair jobs - are tax deductible in many EU member states.

  225. Re:"Facing" and serving are very different things. by droopus · · Score: 1

    Hoo boy is that naive. My whole point was that even if you did nothing, the prosecutor can get you indicted. Do you understand the Grand Jury system? You do not give testimony, only the prosecutor does. You really would tell a prosecutor to "stick it" if you thought he had no evidence? You'd roll the dice with a jury?

    Many people face that choice every day, and do time rather than do a LOT of time.

    --
    "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
  226. Re:"Facing" and serving are very different things. by RandyOo · · Score: 1

    Not if you renounce your US citizenship. By the way, that used to be free of charge, but I think it'll cost you >$400 nowadays...

  227. Re:most of the low speed limts are about cash and by Achromatic1978 · · Score: 1

    Or how about "school zones" that are in operation at 7pm on a Sunday evening? I've got a ticket for that, that was in a work zone, too. "School zone, x mph when children present" - cops claim was that I couldn't have known that children weren't present, ergo should have assumed they were. Net result was that by his reckoning, at 11mph over the "school zone" limit, 6mph over the regular limit (fair enough), he was claiming that with that, and the workzone (hah), he would be within his rights to take me in for reckless driving...

  228. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    It's not about being "right"... it's simply about being honest. Whether or not that matters to other people is quite irrelevant to how much it matters to me.

  229. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    Truth can matter a great deal to one who believes they will ultimately be held as accountable for lying as if they had actually done the crime for which they are accused.

  230. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    What other people might believe about me is not nearly as important to me as what I know about myself. I'd prefer to not go to jail at all, but I'm not about to lie to a judge just to save myself from being prosecuted for something I never did in the first place. If I lied to a judge in a courtroom, I'd have to live with that knowledge that I saved myself however many years of prison by lying... essentially, cheating. That's not something I'm prepared to live with.

  231. Re:"Facing" and serving are very different things. by 91degrees · · Score: 1

    I said "know", not "think". If you literally know that the prosecutor has literally zero evidence.

    But what do you think happened in the plea bargaining stage to that 24.4% who are found not guilty? And they're not the only ones who are acquitted. If 90% of people take a plea bargain, then only 36% of the remainder are convicted. Based on your rates, 12% of those who refuse plea bargains go to trial and are acquitted and the remaining 52% don't get to trial. Stats are fun aren't they.

    So, does this mean you should refuse to cop a plea even if you're guilty? Of course not. It's not a crapshoot. It's about how much evidence there is and skill of the lawyers. Still, whether you're guilty or not does tend to have an effect on the amount of evidence.

  232. Re:"Facing" and serving are very different things. by randyleepublic · · Score: 0

    You don't think that many of us are asking ourselves the same question every fucking day. I am almost in tears writing these words. This was a great nation, and now it is a sewer. Fuck!

    --
    Social Credit would solve everything...
  233. Re:"Facing" and serving are very different things. by shilly · · Score: 1

    OK, so you don't understand immigration rules as they apply to the UK, you don't understand taxes and to add to your list of achievements, you don't understand what I've written either.

    In the UK, the toughest part of getting in is *not* the earnings threshold. If you're a skilled worker, you need employer sponsorship and there *is no* earnings threshold. If you're a very skilled worker, you don't need employer sponsorship, but you do need to gain enough points based on qualifications, earnings (ooh are you happy?), UK experience, age, English skills and funds (happy again?). Additionally, you need to meet the entry clearance criteria that apply to your country of origin, which are often tough and separate in themselves. All of which is a long-winded way of saying that the OP was right and you were wrong, when you had your disagreement about whether it's tough to immigrate to work in the UK. It is tough.

    I have no idea how you think your point on paying VAT on everything backs up your assertion that a 60% tax rate is only applicable in Denmark. That's just wrong. Particularly as you've assumed that there are only two taxes that apply: income and VAT. There are, of course, many more, and the cumulative effective is that many people pay more than 60% of earnings in taxes. This is not a left vs right thing: in the UK, a large number of benefits recipients have an effective marginal tax rate of above 100%, which discourages them from seeking better-paid employment and is a disgrace.

  234. Re:"Facing" and serving are very different things. by shilly · · Score: 1

    Jeez, you really insist on demonstrating your ignorance about the UK, don't you? The current administration is planning a "Great Repeal Bill" precisely because the previous administration was deemed by many to have curbed liberties unduly. As for friendly police, your experience is your experience, but there are many hundreds of examples of unfriendly police seeking to exercise authority beyond the rule of law, and they tend to succeed. Jean Charles de Menezes, Ian Tomlinson, kettling, attempts to ban public photography, stop and search, warrantless taps, etc etc.

    Here's a suggestion: stick to talking about Denmark.

  235. Re:"Facing" and serving are very different things. by shilly · · Score: 1

    FFS.

    "...you are by no means required to spend all your money, you can save it up, earn interest, invest them - at no point do you have to pay anything more."

    In the UK, you pay tax on income. That includes interest and returns on investment. You also pay capital gains tax.

    VAT covers goods *and services*.

    I'd be astonished if the same weren't true in just about every EU state.

    Why don't you quite while you're behind?

  236. Re:"Facing" and serving are very different things. by adamchou · · Score: 1

    We're not saying that you'd lie. We're saying that the prosecution will lie and the lie that they tell will be better than the truth that you will tell and in the end, the prosecution will succeed in convicting an innocent person.

  237. How could he not film him? by Anonymous Coward · · Score: 0

    When did he get a chance to turn the camera off? The rider was filming himself in his own private vehicule when sudenly a man walks into the frame waving a treatening weapon. Is he suppoesd to think about turning the camera off at that moment, or when he is ordered off the bike by an unidentified gunman?

    His "true" crime is probably putting the video up on Youtube without consent from the officer. But by going after this guy, maybe to intimidate him, maybe to get back at him, maybe to search his computers for other similar "cop films" the officer in the tape has brought national attention to his own failings, wich he could be reprimanded for.

    The biker should sue for reparations.

    On another note I wonder why there is no sound in the clip until the very end...

  238. Police are the only organized criminals by Anonymous Coward · · Score: 0

    It's sad that once upon a time, you could tell your children that the police were a safe-haven - these days I tell my children to NEVER call the police, or interact with them as they are the true "mob" and rape, kill, and steal with the force of the so-called "justice" department behind them. That is why when I'm on a jury, I look at everything a police officer finds, or says as being a lie. If there was a gun - I figure it was a throw-a-way, same for small quantities of drugs, and other "evidence". Since I can have no past record of offenses of the accused, I automatically assume all charges are non-sense and treat them accordingly unless there are civilian witnesses to an event.

    This type of behavior just goes to further prove to me that such a skeptical view is more than warranted. Once upon a time this country was about freedom, now it is literally transforming into a "police" state where they (the police) are worse than the Gestapo.

  239. Re:most of the low speed limts are about cash and by gorzek · · Score: 1

    A ticket like that, you should go to court over. If you get a judge that isn't insane they'd throw it out.

  240. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    That would be unfortunate, of course, but just because the prosecution may lie, that does not legitimize my lying as well.

  241. 16 years is a little much, but he was wrong. by Anonymous Coward · · Score: 0

    Major gangs routinely scour newspapers and networking sites to find pictures of police to add to watch lists.

    A few years ago in Canada, a group of young cadets took a candid picture of some of their classmates at the Police Academy. The picture ended up on MySpace, and a couple years later one of the officers in the background of the picture was identified and killed while working undercover.

    The Police don't know why or for whom these people are taking pictures or video of officers on duty. The officers have families and personal lives to protect, too.

    The difference between a police cruiser using videotape to prove civilian wrongdoing (such as filming drunk drivers) and private citizens filming/photographing officers on duty is that the police tapes don't get put on the internet so that anybody can track the people down.

    This case has nothing to do with 'vigilance.' Let's be honest for a minute: if the officer had actually done something wrong, the tape could have been submitted to the citizen’s action committee and the internal affairs office to investigate. Instead, the shutter-bug put in on YouTube, probably hoping for a cheap shot at getting some ratings.

    16 years is a little much, but the guy was wrong.

  242. Wiretap law ... by maztec · · Score: 1

    Remind me, where is the wire? The point of the law was to prevent recording someone without their consent during a private communication where the other party would not be aware of the recording. These police officers are in public, where free speech is at its strongest, and where they can tell if someone is recording them. Furthermore, what harm did he do to the officers by recording them? It neither interferes with their job or hurts them. The only possible interference or harm is if the police are acting incorrectly, which will be seen on the tape. Meh.

  243. Re:"Facing" and serving are very different things. by mark-t · · Score: 1

    Okay... what percentage of those that pled "not guilty" resulted in a person going to jail for a crime they did not actually do?

  244. Yet another person is arrested for police video by ozzee · · Score: 1

    In a recent article titled "Boynton woman's suit fights to allow videotaping of police", police are alleged to have arrested but charges were not filed.