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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.

148 of 878 comments (clear)

  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 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.
    3. 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

    4. 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
    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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
    12. 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.

    13. 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.

    14. 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
    15. 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
    16. 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...
    17. 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...
    18. 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.
    19. 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."
    20. 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.
    21. 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.

    22. 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.

    23. 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
    24. 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.

    25. 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!

    26. 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?

    27. 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.

    28. 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
    29. 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)

    30. 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.

    31. 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?

    32. 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)

    33. Re:If you've nothing to hide... by mcgrew · · Score: 3, Informative
    34. 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.
    35. 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.

      --
    36. 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.
    37. 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)
    38. 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.
    39. 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. :)

    40. 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'.

    41. 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.

    42. 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.

    43. 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.

    44. 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
    45. 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.

    46. 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.

      --

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    47. 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.

      --
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    48. 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.

    49. 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

    50. 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.

    51. 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.
  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.

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    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 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.

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    4. 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?

      --
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    5. 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.

  3. 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.

    --
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    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 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.
    3. 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.
    4. 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!

      --
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      handmadehands.co.uk
    5. 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.

    6. 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
    7. 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.
  4. 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.)

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  5. 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 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.

  6. 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?

    --

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    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.

  7. 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 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.

  8. 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.

  9. 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?

    --
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    1. 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.

  10. 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?

  11. 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"
  12. 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

  13. "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."
  14. 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!
  15. Who watches the watchers? by gmuslera · · Score: 4, Insightful

    Definately, not you.

  16. 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!
  17. 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'.

  18. 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.

  19. 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.

  20. 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!

  21. 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
  22. 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!
  23. 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.

  24. And they call Karzai corrupt! by kawabago · · Score: 2, Funny

    Obviously that community needs someone to protect them from the police. Crack whores?

  25. 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."
  26. 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 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.
    2. 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
    3. 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. ;)

    4. 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.

  27. 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.

  28. 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 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".

  29. 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.

  30. 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.
  31. 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."
  32. 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
  33. 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.

  34. 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!

  35. 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.

  36. 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.

  37. 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?

  38. 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.

  39. 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 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."
    2. 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
  40. 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."
  41. 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 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.

  42. 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.
  43. 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
  44. 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/
  45. 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...
  46. 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
  47. 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 :)

  48. 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...

  49. 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.

  50. 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.

  51. 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.

  52. Re:USA - Police State by quatin · · Score: 2, Insightful

    But you can't go up to Dick Cheney and say "Fuck you, Mr. Cheney"

  53. 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.
  54. 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 .

  55. 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.

  56. 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.

  57. 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...

  58. 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
  59. 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.

  60. 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

  61. 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.)

  62. 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
  63. 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.
  64. 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