Motorcyclist Charged for Recording

[ARCHIVED THREAD] - Motorcyclist Charged for Recording (Page 1 of 5)

Posted: 4/14/2010 1:09:41 PM EDT

Motorcyclist Charged for Recording (link)

Contributor: Dan Taylor
Email: [email protected]
Last Update: 4/09 8:57 am

A Harford County man now faces up to five years in prison after he recorded a bizarre traffic stop last month in Harford County.

Anthony Graber was riding his motorcycle with a camera attached to his helmet recording his ride.

It happened near the Riverside exit of I-95. A Maryland State trooper in an unmarked car pulled over Graber for speeding. The trooper is seen in a YouTube video that Graber posted, jumping out of the car and tells Graber "Get off the motorcycle, get off the motorcycle! Get off the motor cycle, State Police."

The trooper is seen pulling his gun immediately after getting out of the unmarked car. It's not until five seconds after he exits the car that he identifies himself a Maryland State trooper.

Click on the video to the right to watch the story by ABC2 News investigative reporter, Brian Kuebler. (link)

Copyright 2010 The E.W. Scripps Co. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Posted: 4/14/2010 1:13:12 PM EDT

[#1]

5 years?

What a crock

Posted: 4/14/2010 1:13:54 PM EDT

[#2]

Felony Charges for Recording a Plainclothes Officer (link)
Posted by David Rittgers

Yesterday I wrote about the University of Maryland student beaten by police and falsely charged with assault during a post-game celebration. I concluded with a warning that a law barring citizens from taking photos or videos of law enforcement officers (such as those in force in Great Britain) would have prevented the false charges and beating from coming to light.

I did not know that Maryland was already heading that direction.

Anthony Graber was riding his motorcycle on I-95 in Maryland, speeding and popping wheelies and recording the experience with a helmet cam. An unmarked car cuts him off as he slows for traffic, and a man in a hoodie and jeans jumps out with a gun in his hand. Five seconds after the armed man has exited his vehicle and approached Graber, he identifies himself as a Maryland State Trooper. Graber accepts a speeding ticket and posts video of the experience on YouTube. (HT Armed Liberal)

If that were the end of it – a law enforcement officer recklessly creates a situation that could prompt a firefight by provoking a law-abiding citizen with a concealed carry permit (because the officer’s outward appearance suggested a criminal attack was underway) – I wouldn’t be writing this. But the Maryland State’s Attorneys are now charging Graber with unlawfully recording the incident. Police have seized his computer and he faces felony charges.

Maryland is working hard to justify its status as least-free state in the union. Find your state’s ranking here.

David Rittgers • April 14, 2010 @ 11:23 am

Posted: 4/14/2010 1:14:54 PM EDT

[#3]

I must be blind. What was his crime?

edit. Ok, I see now. OP, you may want to fix that first post.

Posted: 4/14/2010 1:15:00 PM EDT

[#4]

they can do no wrong... and if'n ya show them doing so... look out.

Posted: 4/14/2010 1:15:01 PM EDT

[#5]

Good luck getting a jury to convict for that.

Posted: 4/14/2010 1:15:03 PM EDT

[#6]

So, besides speeding, what did the guy do that was illegal?

Posted: 4/14/2010 1:15:35 PM EDT

[#7]

They need to scare the peasants into compliance. Use a camera and go to jail.

Don't forget, the state is here to help!

Posted: 4/14/2010 1:15:50 PM EDT

[#8]

WTF?

However, he must have been FLYIINNNG to work the cop up like that.

Posted: 4/14/2010 1:16:07 PM EDT

[#9]

Posted: 4/14/2010 1:16:10 PM EDT

[#10]

Quoted:
I must be blind. What was his crime?

edit. Ok, I see now. OP, you may want to fix that first post.

Recording the PoPo.

Posted: 4/14/2010 1:16:14 PM EDT

[#11]

I believe in Maryland it is illegal to record someone with out them knowing it. Same thing happened with on the the ACORN videos

Posted: 4/14/2010 1:17:08 PM EDT

[#12]

My guess the charge is somthing along the lines of you must have 2 party consent to record. So if one person is unaware that a recording is being made, its illegal.

Just a wild ass guess.

Posted: 4/14/2010 1:17:14 PM EDT

[#13]

The Video

nikotyc — March 10, 2010 — I got pulled over for speeding and the cop decided to pull out his sidearm... Thought I'd share it.

Posted: 4/14/2010 1:17:36 PM EDT

[#14]

Why is it illegal for a civilian to record a traffic stop?

Posted: 4/14/2010 1:17:55 PM EDT

[#15]

Complete BS. The camera was plainly visible, and if he'd tried to shut off the video he'd probably have been shot considering the obvious demeanor of the officer.

Posted: 4/14/2010 1:18:35 PM EDT

[#16]

Quoted:
Why is it illegal for a civilian to record a traffic stop?

My thoughts exactly.

Posted: 4/14/2010 1:19:40 PM EDT

[#17]

The first insightful comment I have seen on YouTube, ever.

Funny how fast the cop puts his gun away when he looks down the street and sees the marked patrol car pulling up.

Posted: 4/14/2010 1:19:52 PM EDT

[#18]

Quoted:
My guess the charge is somthing along the lines of you must have 2 party consent to record. So if one person is unaware that a recording is being made, its illegal.

Just a wild ass guess.

I thought that if you were out in public, you could freely record or be recorded.
I guess that's not the case in Maryland.

Posted: 4/14/2010 1:20:52 PM EDT

[#19]

Its not like you are recording a phone conversation––-its out in the open––-so the stop light cam that recorded my plate is illegal too??

Posted: 4/14/2010 1:20:57 PM EDT

[#20]

public place....no expectation of privacy.

Posted: 4/14/2010 1:22:16 PM EDT

[#21]

sounds like a nice place to live..

Posted: 4/14/2010 1:22:19 PM EDT

[#22]

what a bullshit charge

Posted: 4/14/2010 1:22:24 PM EDT

[#23]

MSP is one of the most inept and corrupt law enforcement agencies there is.

And believe me, I am not a cop basher by any measure (quite the opposite in fact). And no, I've never been in trouble with them or any other agency. But I did grow up in Maryland, and it isn't exactly news to most people that live there or have lived there that MSP is a sorry example at best of law enforcement. They're a joke.

Posted: 4/14/2010 1:22:29 PM EDT

[#24]

Looks like Maryland is on my list of stay the heck away from.

Posted: 4/14/2010 1:23:08 PM EDT

[#25]

I got pulled on my sportbike once doing 63 in a 50. I should have just sat still, but I started taking my gloves off and this must have put the officer on guard, because he suddenly took a defensive posture after exiting the vehicle and was pawing his gun.

If I'd have just sat still and not spooked him, he'd have probably let me off with a warning. But he made some story up about it being a "grant day" and everybody gets tickets that day (it was a small town).

Anyway, back to your programming.

Posted: 4/14/2010 1:23:11 PM EDT

[#26]

Quoted:
Complete BS. The camera was plainly visible, and if he'd tried to shut off the video he'd probably have been shot considering the obvious demeanor of the officer.

assuming my earlier guess was right, that it was about no 2nd party consent, CONSENT would be the key word. It doesnt matter if the 2nd party is aware of it or not, they must consent to it.

Not saying its right or wrong. But once again I'm making a wild ass guess.

Posted: 4/14/2010 1:23:24 PM EDT

[#27]

Cop is lucky he didn't get shot.

Posted: 4/14/2010 1:23:54 PM EDT

[#28]

Quoted:

I believe in Maryland it is illegal to record someone with out them knowing it. Same thing happened with on the the ACORN videos

Do the cops get arrested for their dash cams?

Posted: 4/14/2010 1:24:09 PM EDT

[#29]

total bullshit

Posted: 4/14/2010 1:25:05 PM EDT

[#30]

Maryland, stay the fuck out of it. I do.

Posted: 4/14/2010 1:25:06 PM EDT

[#31]

Yeah those that have brought up no expectation to privacy, bring up a good point. I dunno then.

Depends on what the law says in the state of MD. Weird.

Posted: 4/14/2010 1:25:34 PM EDT

[#32]

THey are above the law

Posted: 4/14/2010 1:26:11 PM EDT

[#33]

We can't have the public documenting police state abuses of power. The sheep are liable to get nervous... baaaaaaa...

Posted: 4/14/2010 1:26:14 PM EDT

[#34]

Quoted:
The Video

nikotyc — March 10, 2010 — I got pulled over for speeding and the cop decided to pull out his sidearm... Thought I'd share it.

Holy shit... That could have ended very, very badly if the guy on the bike was CCW. I'm glad no one was hurt. This is a similar opening to that situation where that preacher was killed. :(

Posted: 4/14/2010 1:26:29 PM EDT

[#35]

Quoted:

Quoted:

Complete BS. The camera was plainly visible, and if he'd tried to shut off the video he'd probably have been shot considering the obvious demeanor of the officer.

assuming my earlier guess was right, that it was about no 2nd party consent, CONSENT would be the key word. It doesnt matter if the 2nd party is aware of it or not, they must consent to it.

Not saying its right or wrong. But once again I'm making a wild ass guess.

OK then, did the cop get consent for his dash cam recording?

Posted: 4/14/2010 1:26:32 PM EDT

[#36]

Quoted:
Cop is lucky he didn't get shot.

No CCW in Md, and why would you assume the bike rider would have shot him anyway? Looked to me like the biker is lucky the LEO didn't shoot him, or have a ND into the guy's chest or something like that.

Posted: 4/14/2010 1:26:52 PM EDT

[#37]

Quoted:

Quoted:
Complete BS. The camera was plainly visible, and if he'd tried to shut off the video he'd probably have been shot considering the obvious demeanor of the officer.

assuming my earlier guess was right, that it was about no 2nd party consent, CONSENT would be the key word. It doesnt matter if the 2nd party is aware of it or not, they must consent to it.

Not saying its right or wrong. But once again I'm making a wild ass guess.

That would pretty much put security cams off limits, and wreck the 1st am,,,

Posted: 4/14/2010 1:27:35 PM EDT

[#38]

I really don't see how the officer has any expectation of privacy –– on a public road. Plenty of cameras all over the place these days, often used as a revenue generating device.

The rider wasn't making a recording of the officer specifically, the camera was recording other, perfectly legal events (except for speeding) prior to the officer stopping the rider. The rider had no opportunity to stop the recording device. Cop got caught, er –– recorded purely by chance. No provable intent on the part of the rider, whether legal or not.
I suspect a MAJOR attempt to cover someone's ass –– and it ain't the guy on the bike.

Love to see how this one turns out. My money is on the rider. Civil suit will follow.

Posted: 4/14/2010 1:28:07 PM EDT

[#39]

If cops can have cameras recording everything we do from their dashboard, we can too. Cameras aren't illegal or weapons.

Posted: 4/14/2010 1:28:43 PM EDT

[#40]

This just reinforces how I feel about cops. The gun was totally unnecessary

Posted: 4/14/2010 1:30:15 PM EDT

[#41]

Quoted:
If cops can have cameras recording everything we do from their dashboard, we can too. Cameras aren't illegal or weapons.

Silly peasant.

Posted: 4/14/2010 1:30:25 PM EDT

[#42]

Felony Charges for Recording a Plainclothes Officer (link)
Posted by David Rittgers

I concluded with a warning that a law barring citizens from taking photos or videos of law enforcement officers (such as those in force in Great Britain) would have prevented the false charges and beating from coming to light.

David Rittgers • April 14, 2010 @ 11:23 am

So, a LEO is the same as a Navy SEAL or Delta Force, now?

Posted: 4/14/2010 1:30:54 PM EDT

[#43]

It the police officer had nothing to hide, why is he upset about the recording?

Posted: 4/14/2010 1:31:10 PM EDT

[#44]

I think a huge aspect of this would be intent. He was recording and this cop put himself into the show. Far different than trying to secretly record something.

Posted: 4/14/2010 1:31:37 PM EDT

[#45]

If he was wearing a GoHero, those helmet cams are not exactly small. Hard to miss.

I wonder if state wiretap laws would cover this situation or not ....

Posted: 4/14/2010 1:36:12 PM EDT

[#46]

I'd pay cash money to be on the jury. That guy would walk.

Posted: 4/14/2010 1:37:18 PM EDT

[#47]

Quoted:
I'd pay cash money to be on the jury. That guy would walk.

THIS

Posted: 4/14/2010 1:37:37 PM EDT

[#48]

Holy fuck... they're going to make this guy a felon for popping wheelies and making a trooper look like an ass face.

Posted: 4/14/2010 1:38:33 PM EDT

[#49]

Quoted:

Felony Charges for Recording a Plainclothes Officer (link)
Posted by David Rittgers

I concluded with a warning that a law barring citizens from taking photos or videos of law enforcement officers (such as those in force in Great Britain) would have prevented the false charges and beating from coming to light.

David Rittgers • April 14, 2010 @ 11:23 am

So, a LEO is the same as a Navy SEAL or Delta Force, now?

In MSP, some (not all) of them think they're gods. Their "leadership" is the problem.

Posted: 4/14/2010 1:39:06 PM EDT

[#50]

Can we record?

State courts have interpreted the laws to protect communications only when the parties have a reasonable expectation of privacy, and thus, where a person in a private apartment was speaking so loudly that residents of an adjoining apartment could hear without any sound enhancing device, recording without the speaker’s consent did not violate the wiretapping law. Malpas v. Maryland, 695 A.2d 588 (Md. Ct. Spec. App. 1997); see also Benford v. American Broadcasting Co., 649 F. Supp. 9 (D. Md. 1986) (salesman’s presentation in stranger’s home not assumed to carry expectation of privacy).

If this is right, it could go either way. If it goes for the rider, it's another strike against the law.

[ARCHIVED THREAD] - Motorcyclist Charged for Recording (Page 1 of 5)

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