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Once Again, Baltimore Police Arrest a Person For Recording Them

MobyDisk writes: A lawsuit was filed yesterday over a case in which a woman was arrested for recording the police from her car while stopped in traffic. Ars Technica writes, "Police erased the 135-second recording from the woman's phone, but it was recovered from her cloud account according to the Circuit Court for Baltimore City lawsuit, which seeks $7 million."

Baltimore police lost a similar case against Anthony Graber in 2010 and another against Christopher Sharp in 2014. The is happening so often in Baltimore that in 2012, the U.S. Department of Justice sent a letter to the police reminding them that they cannot stop recordings, and most certainly cannot delete them.

Local awareness of this issue is high since the the Mayor and the City Council support requiring police body cameras. The city council just passed a bill requiring them, but the mayor is delaying implementation until a task force determines how best to go about it. The country is also focused on police behavior in light of the recent cases in Ferguson and New York, the latter of which involved a citizen recording.

So the mayor, city council, police department policies, courts, and federal government are all telling police officers to stop doing this. Yet it continues to happen, and in a rather violent matter. What can people do to curb this problem?

45 of 515 comments (clear)

  1. Fire all the officers? by AqD · · Score: 5, Insightful

    And get new ones. What's so difficult about that?

    1. Re:Fire all the officers? by myowntrueself · · Score: 5, Insightful

      And get new ones. What's so difficult about that?

      Well, if a crime had been committed then the officers involved would be guilty of destruction of evidence. I should think that would be enough reason to not only fire them but possibly send them to jail.

      --
      In the free world the media isn't government run; the government is media run.
    2. Re:Fire all the officers? by StormReaver · · Score: 5, Insightful

      Well, if a crime had been committed....

      Even if no *other* crime had been committed, the officers involved should be charged with:

      1) Vandalism.
      2) Unlawful destruction of private property.
      3) Assault.
      4) Battery.

      All of which may be possible, and for which the normal protections police enjoy while performing their duties may not apply, because the officer was acting outside the scope of his lawful duties.

    3. Re:Fire all the officers? by gstoddart · · Score: 5, Insightful

      And then of course you have to assume once they get their own version of the story straight you move on to:

      5) giving a false statement
      6) dereliction of duty
      7) possibly perjury if it's a sworn statement

      By the time you get police doing this kind of crap, they're well past the point where they have any business being in law enforcement, because they're just plain criminals.

      Start putting these cops in jail with the rest of the gangsters. That's all they are.

      --
      Lost at C:>. Found at C.
    4. Re:Fire all the officers? by NatasRevol · · Score: 5, Insightful

      You're fully correct that's what they should be charged with. But everyone knows they won't be.

      And the fundamental failure here is the DAs & city officials that won't pursue this course of action.

      This is why it's so hard to get corrupt/bad cops out of the system. The entire system is built to protect them, at all costs.

      --
      There are two types of people in the world: Those who crave closure
    5. Re:Fire all the officers? by Anonymous Coward · · Score: 5, Insightful

      So when I break a law there should only be an escalation of discipline where the final punishment is loss of job and pension? I will not tell you my job before you give your answer.

    6. Re:Fire all the officers? by mrchaotica · · Score: 2, Insightful

      Was that a joke, or are you a fascist?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Fire all the officers? by Isaac-1 · · Score: 4, Insightful

      It keeps happening because they can get away with it. The solution is to start a "See a cop, film a cop" campaign where all the cops will all be overwhelmed by everyone pulling out their cell phones and filming them all the time.

    8. Re:Fire all the officers? by Anonymous Coward · · Score: 2, Insightful

      This is why it's so hard to get corrupt/bad cops out of the system. The entire system is built to protect them, at all costs.

      There needs to be a middle ground.

      We love to rag on cops, but they do a dangerous job and are constantly in situations where "right" and "wrong" often come down to split second decisions. Occasionally they are going to screw up. If you start firing cops for every mistake or worse, jailing them, you quickly run out of cops. And good luck recruiting more (hey, come work for us... shitty pay, dangerous, and daily opportunities to wind up in jail!).

      Not saying the current "slap on the wrist" approach is sufficient, but the realities of the job have to be taken into account.

    9. Re:Fire all the officers? by Anonymous Coward · · Score: 5, Insightful

      But that's not what we're talking about here, these are EGREGIOUS violations of civil rights without any inkling of a valid reason behind them.

    10. Re:Fire all the officers? by BarbaraHudson · · Score: 5, Insightful

      I disagree. There should be an elevation of discipline that should start with a written warning and ending with suspension and/or loss of their job should the issue be repeated. The loss of their pension and benefits will be intensive enough to keep it from happening.

      Bullcrap. With greater power comes greater responsibility. Showing you can't handle the power responsibly is just cause for being fired, same as any other job (if not more so because we're talking about people armed with guns, tasers, pepper spray, etc).

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    11. Re:Fire all the officers? by tysonedwards · · Score: 4, Insightful

      By inverse, if *anyone else* did these acts, including but not limited to the destruction of property, harassment, assault and unlawful detainment, that person would be facing severe felony charges on multiple counts. The fact that the person has a badge and training... they should be held to a similar standard at least. They weren't carrying out their duties at the time of this incident, they freaked the fuck out and decided to harass someone because they could and knew that there would be no repercussions.

      Considering your comments, would you too side with the cops who run people over in their cars while texting on their personal cell phones and then blame the victim for throwing themselves in front of their cars, all the while perjuring themselves as has also happened recently?

      --
      Thirty four characters live here.
    12. Re:Fire all the officers? by morgauxo · · Score: 4, Insightful

      Even if what you say is a good way to handle things.. (plenty of other people arguing against that, no need for me to)

      Would you really start at step 1 when this is an issue which has been happening with other officers in the same department and getting press coverage, attention of the mayor, etc...? Shouldn't they pretty much all know better at this point? Wouldn't you think this is pretty much beyond the "warning" phase?

    13. Re: Fire all the officers? by Immerman · · Score: 5, Insightful

      Except that such fines are typically paid by the taxpayers - we need to make the individuals responsible *personally* liable for their actions when clearly outside the bounds of the law. Especially when they've been told, repeatedly, what those boundaries are.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    14. Re:Fire all the officers? by TangoMargarine · · Score: 4, Insightful

      I disagree. There should be an elevation of discipline that should start with a written warning

      It sounds like they already *were* warned. Repeatedly.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    15. Re:Fire all the officers? by Richard+Dick+Head · · Score: 4, Insightful

      There's a huge incentive to do that to a cop too, it seems. I mean hell, you're telling me I just have to:

      1. Drive to Baltimore
      2. Whip out my camera on the doughnut brigade
      3. Take my beating
      4. Collect $7 million

      That's a hell of a bargain. Take 1 beating, then don't have to work for the rest of my life!

    16. Re:Fire all the officers? by Spamalope · · Score: 5, Insightful

      There should be an elevation of discipline that should start with a written warning and ending with suspension

      This animal farm 'some animals are more equal' 'police union approved' punishment that we've actually been doing needs to stop. Any normal person caught on camera illegally committing assault, battery, and theft while armed does not get a strongly written letter as a reprimand. Police officers are citizens a need to be treated no better or worse than anyone else.

      If you feel that a video record of your actions will be so damning that you consider an armed attack on anyone you spot with a camera is the best option really gives us an idea how you act the rest of the time, doesn't it?

    17. Re:Fire all the officers? by AmiMoJo · · Score: 5, Insightful

      The punishment should be harsher for the police. They are granted extraordinary powers, and with them comes the extra responsibility not to abuse them. Abuse of power should automatically double the sentence, the same way that in many jurisdictions carrying out a crime while armed makes the penalty more severe.

      --
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    18. Re:Fire all the officers? by NatasRevol · · Score: 4, Insightful

      There needs to be a middle ground.

      There does fucking not need to be a middle ground for cops illegally abusing their powers. NOR for those protecting illegal cop behavior.

      Go straight to hell with that attitude.

      Cops have a very hard job - I would never want or be able to do it - but that does not EVER absolve them from illegal behavior.

      --
      There are two types of people in the world: Those who crave closure
    19. Re:Fire all the officers? by Nemyst · · Score: 3, Insightful

      This is the police we're talking about. They should be held at a higher standard, not at a lower one. This is like saying that a physician found guilty of malpractice should only get a slap on the wrist for the first offence, and don't do it again you naughty naughty!

    20. Re: Fire all the officers? by Agent0013 · · Score: 4, Insightful

      Bull shit. Cops are trained extensively.

      The problem is that their extensive training is about how to act like a thug with a badge.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    21. Re:Fire all the officers? by Archangel+Michael · · Score: 4, Insightful

      It is worse than that. It is almost common knowledge that courts everywhere have ruled that recording police is just about legal in just about circumstances. The police should know this by now, plenty of other people know it.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    22. Re:Fire all the officers? by mythosaz · · Score: 5, Insightful

      There's a parable that gets told in IT circles all the time:

      An otherwise good guy makes a bad mistake - one that costs his company a million dollars. When the boss shows up at the employee's desk, the employee sheepishly says, "I understand. I'll save you the trouble and quit before you fire me." The boss is shocked. He says, "Why would I fire you? I just spent a million dollars on your training."

    23. Re:Fire all the officers? by mythosaz · · Score: 1, Insightful

      You stick "while armed" in there to paint a pretty picture, but despite what you say, the first offense for nearly all the crimes you list does end up being a slap on the wrist for "normal" people too. Short of the big-time felonies (murder, arson, rape, drug distribution), you can pretty much walk out the door with a fine and probation on almost any first-time crime. Any small felony can be plead to a misdemeanor (or some sort of open-ended, reduced-later felony), and nearly any misdemeanor can get solved with an overnight at intake and a fine. Generally speaking it won't cost you your job either.

      I do think police should be held to a higher standard, but let's not pretend that normal people don't skate pretty free on their first offense either.

      People who commit crimes should be made to appear and face those crimes in court.

      People who make mistakes at work should be trained, corrected, disciplined, and ultimately fired.

    24. Re:Fire all the officers? by Mr.+Slippery · · Score: 3, Insightful

      You and OP look to be in the same clan when he claims they're doing this "in a rather violent manner". Hyperbole much?

      An unjustifed arrest is assault and kidnapping. It is a violent crime.

      That's true even when the pigs (and those who trample citizen's rights deserve that epithet) don't apply chemical weapons or electrical torture devices, or beat citizens into submission, or use lethal force.

      If I forced someone into a cage at gunpoint for no good reason, I would go to jail for a long time. The same should apply to a cop.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    25. Re: Fire all the officers? by TWX · · Score: 4, Insightful

      Then the insurance companies should cancel their policies until a strucutral reorganization that ends this happens.

      --
      Do not look into laser with remaining eye.
    26. Re:Fire all the officers? by superdave80 · · Score: 4, Insightful

      Shouldn't they pretty much all know better at this point?

      +1 And how come officers can claim 'I didn't know any better' when that shit doesn't fly in court for a regular citizen (Ignorance of the law is not a defense, etc.)

    27. Re:Fire all the officers? by cmdr_tofu · · Score: 3, Insightful

      yeah good luck with that strategy. This lady was "lucky" that:
      1) she wasn't killed or fatally injured (she may have lasting permanent damage though)
      2) the police were not successful in destroying her evidence. They appeared practiced. Who is to say they won't do a better job next time.
      3) The police fabricated (and witnessed by other police stories) was an obvious fabrication thanks to her evidence. They accused her of trying to run over the police and had other police officers to back them up. They would have been "justified" in killing her to "defend themselves". It sickening the amount of power that corrupt police officers can have.

      I have met plenty of good (or so I believed) officers, but now I am terrified of them.

    28. Re:Fire all the officers? by stoatwblr · · Score: 3, Insightful

      "The police are under assault"

      No, they're under increased observation - and they don't like it. It's making them accountable for their actions.

  2. Fire them. by Anonymous Coward · · Score: 3, Insightful

    It's simple, if the police are flouting the law then fire the individuals concerned - the others will soon get the message.

    1. Re:Fire them. by Anonymous Coward · · Score: 2, Insightful

      comments like this are so completely stupid and unhelpful. lately every solution to every modern problem is "duh, we should do some simple thing that's actually not simple or possible".

      in this case: who is this magic person who can say "all of the bad cops are fired" and make it happen? this person can skip the police union? they can skip due process? they can determine quickly and unilaterally which specific cases are firable offenses? oh right, all of those processes are already in place they just are mired in their own existence.

      yes the cops are ignoring a law and a directive but they are doing so specifically because your stupid suggestion isn't possible and they know it. i know the responses below this will be the equally impossible "duh, we should fix the process to make it simpler and more effective" which is precisely the exact problem with every facet of our existence - social, political, legal - the process of trying to be fair, expeditious, and effective causes itself to be unfair, slow, and inept because it is human nature to be self-serving. the solutions are always some simplistic idea that voting or voicing your opinion or doing some other symbolic ritual will have an impact. it doesn't, ever.

      what CAN you do? ignore it and go about your life. it won't change anything but you'll stress less.

    2. Re:Fire them. by mrchaotica · · Score: 4, Insightful

      in this case: who is this magic person who can say "all of the bad cops are fired" and make it happen? this person can skip the police union? they can skip due process?

      Fuck "due process!" Due process is for citizens who have been accused of a crime. Nobody has the "right" to be a government official; officials accused of abusing their authority should be considered guilty until proven innocent!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  3. Very simple by Anonymous Coward · · Score: 3, Insightful

    Have a very obvious delete button on the recording device and make sure that all recording is backed up to the ‘cloud’ so it doesn't matter if said button is pressed.

    Cop happy, you happy, everyone happy.

  4. Lawsuit, paid by... by Thanshin · · Score: 5, Insightful

    $7M paid by...The taxpayer!

    No need to correct the problem when it's everyone else who pays for their mistakes.

  5. Learning through repetition by MrLogic17 · · Score: 5, Insightful

    Best solution? Encourage everyone to record every interaction with the police. This will systematically education the police on the rights of citizens.

    Just like the 2nd Amendment public carry folks with a big old riffle slung over their shoulder on the sidewalk - it educated the police & public at the same time, and nobody gets hurt. (The the latter case, jimmes get russeled by some liberals, but, meh)

  6. its not as if american cops have anything to fear. by nimbius · · Score: 5, Insightful

    If theyre being recorded beating, torturing, or killing, as was the case in New York, they wont even be indicted. If they are, it just means they're acquitted later. If theyre suspended, they'll return to work after the public scrutiny latches onto something else. If they're fired, there are countless other departments that will hire them instead without so much as second-guessing their termination. Lawsuits dont seem to change the culture or nature of law enforcement in america, most citizens are simply viewed as the enemy, not those theyve been sworn to protect and serve.

    --
    Good people go to bed earlier.
  7. Here's an idea by XxtraLarGe · · Score: 4, Insightful

    Yet it continues to happen, and in a rather violent matter. What can people do to curb this problem?

    How about putting police who violate peoples' civil rights in prison?

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  8. How about criminal charges ... by gstoddart · · Score: 5, Insightful

    What can people do to curb this problem?

    You want to curb the problem? Have some high profile prosecutions.

    Charge them criminally, kick them off the force, strip them of their pensions, make examples of them. It should be a felony for a police officer to do this, because they wield so much more power in this equation.

    If the police aren't going to bother either learning, or following the law ... they have no business being police officers. If they can't get it through their heads they have no right to prevent this, then when they do it, bloody well lay charges.

    The police are becoming thugs. And if they want to be thugs and criminals, start treating them as such.

    And if the "good" cops won't stand up and get rid of the bad cops, they're just as guilty.

    None of this circling the blue wall crap, and being on paid suspension. Fire the bastards.

    --
    Lost at C:>. Found at C.
    1. Re:How about criminal charges ... by gstoddart · · Score: 3, Insightful

      the police actually had no reason at all to arrest him

      And that's kind of the problem. While the police are illegally arresting you, and you say "what the hell are you arresting me for", then they trump up the charge to resisting arrest.

      At this point, there is no defensible reason for every damned police officer to be wearing a camera. We can't trust them, so we have to more or less treat them as needing objective evidence to prove their version of events.

      None of this "they said/you said" crap. Objective, video and audio recording of the entire interaction. Mandatory as part of all duties, and archived.

      Start putting some of these guys in prison for this kind of crap, and it might start to sink in.

      --
      Lost at C:>. Found at C.
  9. What can we do to curb the problem? by Agent0013 · · Score: 2, Insightful

    If the police are going to break the law and become criminals, then we need vigilante justice to bring them to terms. The current systems in place don't hold them to account. If an officer is shot for any reason it should be automatically considered self defense and completely justified. If I need to worry about any interaction with a thug in blue being dangerous for my life, then preemptive killing of all thugs in blue is the only way to stay safe. They can't stay within the law, then they need to be taken out of the population.

    I truly do feel a bit of joy every time I hear about a cop being killed. They have been out of control for far too long. And don't even try to say they aren't all bad. If the good ones aren't turning in their buddies for the crimes they see being committed or even arresting them, then they are bad too. It stands to reason if you turn in your fellow officers your work place will be very uncomfortable and you will not get the back up from others when you need it. So even the "good" ones turn bad when they are complicit in the crimes going on around them.

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  10. Re:I have a solution by gstoddart · · Score: 5, Insightful

    I'd knock him the fuck out and make him prove in court that I didn't need to.

    Tough talk on the interwebs, but that's all it is.

    When you're being tased, or shot, or beaten senseless only to have a group of cops all lie about what happened ... your bravado will be so much electrons and hype. And they'll circle the wagons to say it was all you, and unless someone else gets a video of it ... you'll be pretty much screwed.

    I'm not saying I disagree with your assessment. I just don't think it's going to work quite so well as you seem to think.

    --
    Lost at C:>. Found at C.
  11. How to stop it? Just stop it. by andyring · · Score: 5, Insightful

    When the officer asks for your phone, it's easy.

    SAY NO.

    There. 'nuff said.

    Officer: "Have you been recording me? Let me see your phone."
    Person: "Officer, you may have my phone when I am presented with a signed warrant from a judge."

    1. Re:How to stop it? Just stop it. by SecurityGuy · · Score: 4, Insightful

      Officer: forcibly takes your phone

      You're missing the point. If the police in these cases were following the law, there wouldn't be a problem.

  12. What can be done? It's obvious. by Scutter · · Score: 3, Insightful

    People keep saying "fire the officers", but this should be a criminal matter. Tampering with evidence, violation of civil rights under color of law, etc. Fire them, jail them as provided by law, make the settlement come out of their pocket (or, perhaps, the pension fund) instead of making the taxpayers foot the bill. HOLD THEM PERSONALLY ACCOUNTABLE AND RESPONSIBLE. Then, and only then, will it stop.

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
  13. Re:its not as if american cops have anything to fe by pz · · Score: 4, Insightful

    I would suggest that when someone is being choked and can barely breathe, their words will not be complex, nor will they carry nuanced meanings such as the level of difficulty they are having with respiration. When faced with life-threatening situations, our minds focus, and become exceedingly direct: "I can't breathe" is entirely within the acceptable range of philosophical inaccuracy under those circumstances. You wanted him to say, instead, "my fellow man, I'm having a rather hard time re-oxegenating my blood -- would you mind releasing the pressure on my trachea for a moment?" Or, "I'm panting because you're crushing my thorax, and am unable to draw a full breath -- would you mind removing your knee from my chest?" Or, "my inability to form full words is because you've pinched off my carotids, and I'm facing imminent loss of consciousness -- would you mind removing your bear-sized hands from my neck?"

    If someone in a highly stressful situation tells you "I can't breathe" then you should act accordingly to prevent loss of life. Simple as that.

    --

    Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.