Motorcyclist Charged for Recording

[Papa_Complex]

Originally Posted by pauldun170

I cannot consider his interaction with the police officer in the video as protected communication.

Despite what you may or may not feel, the courts might find differently. This is especially the case when a police officer is involved.

[pauldun170]

Originally Posted by Papa_Complex

Despite what you may or may not feel, the courts might find differently. This is especially the case when a police officer is involved.

Screw that touchy feely crap,
Legally I can't find any indication that the interaction qualifies, either through Maryland code or precedent.

At the very least, if cruiser behind them (the one that allegedly pulled up behind them) captured the same events and that is not considered protected communication then why would the individual recording the same event be threatened with man rape?

Protected or priveledged communications usually fall under areas where a person may reasonably expect to be safe from unauthorized surveillance.

Malpas v. Maryland, 695 A.2d 588
Benford v. American Broadcasting Co., 649 F. Supp. 9



What these asshole are doing is trying to scare the guy by throwing wiretapping laws around.
Typical of stupid entitlement driven authority figures who get caught being assholes.

[Papa_Complex]

The fact that an authority figure is flexing his muscles after one of his people acted like a dick-head in no way invalidates the possibility that a court will make a stupid decision in said dick-head's favour. It happens every day.

[pauldun170]

...

Anthony Graber // Apr 9, 2010 at 9:17 PM

This is Anthony’s father and I would like to put this in proper perspective. First and foremost the State Police had no clue what my son did prior to the Law Enforcement Officer pulling him over. If you watch the video the State Police that was off duty driving his own POV and started following my son about a mile before pulling him over.
My son was unaware of the State Police car behind him until he turned his head and noticed the State Police after the COWBOY had aggressively approached my son.
For those that want to take the side of the Police Officer they should review the video AGAIN!
Both my son and I serve in the military. I recently retired from the Air Force for over 26 years and my son has served for over 6 years. Our men and women that are currently serving in Afghanistan have more restraints on them pulling their gun than this out of uniform officer. He was at no point in danger. If he would have followed proper procedures and identified himself with the badge none of this would have happened. No video, no youtube, no nothing – My son feared for his life!
You need to ask yourself if someone pulled you over for speeding with gun drawn and not providing you valid ID what would you do? He was scared and concerned that he had someone experiencing road rage. Let’s remember we live in a world where people are crazy. They strap bombs to their chest and blow people up. People kidnap little kids and pose as someone else. People come to others houses and pose as repairman to rob people. Why should this be any different!
So for those that want to defend this officer’s actions I would be glad to discuss this issue. I don’t defend what my son did on this video and he is willing to pay the ticket that he was accessed.
And let’s remember what he was originally charged with. His ticket was for exceeding 80mph. Not 100 mph, not 120mph, not reckless driving, not doing wheelies on the highway but for speeding.
I would think normal protocol is to run his tags to validate that there are no warrants out for his arrest that would verify if he is dangerous. Is this how we want our county to be run? The police doesn’t have to answer to no one.

Mindy Graber // Apr 15, 2010 at 4:34 AM

Thanks Michaelk42 for understanding on this event. Bryan, I have nothing to say to you.
My son is now in jail and has been since yesterday and has a felony record. He has NEVER been in trouble with the law, the only crime he committed was speeding on the highway, having a gun pulled out (not at him, but in visible sight), all of his computers and laptops as well as his camera taken away from his home (~14 pieces of items) all because he was speeding? He ACCEPTED the ticket. He did not cry or complain. He received a ticket for going 80MPH – not any higher, nothing about wheelies or endangering anyone around him. There is a part on the video that he does turn around – there is no cop cars behind him, he sees nothing. He didn’t even know who this person in this car jumping out was, he did not identify himself, he had a gun?!?!! He did not even see the police car behind him until he got off of the bike. Neither POV or police vehicle had sirens or lights.
Lastly, did you see the entire video? There were NO SIRENS OR LIGHTS on either vehicle. There was no high speed chase, nobody was following him for minutes or miles. NOTHING.
Videotaping police in public was comparable to photography and therefore protected under the First Amendment. Illegal wiretapping laws were created to deal with people recording telephone conversations, not people videotaping others in public.
http://www.rcfp.org/taping/
Stop casting stones.

[pauldun170]

http://carlosmiller.com/2010/04/16/m...-cop-with-gun/

[pauldun170]

Originally Posted by Papa_Complex

The fact that an authority figure is flexing his muscles after one of his people acted like a dick-head in no way invalidates the possibility that a court will make a stupid decision in said dick-head's favour. It happens every day.

I highly doubt it.
Does a police officer have a reasonable expectation of privacy on a public road?

Who the fuck has an expectation of privacy in public?

To rule in the states favor would effectively criminalize all security cameras, speed cameras, red light cameras in the state. Even the state police would run into problems with onboard video.

This is pure intimidation by the DA and police.
Threaten with prison and legal fees to make it go away.

[Apoc]

Its just too bad he hadn't been packing, and shot the cop when he pulled the gun, before he identified himself. Cocksuckers.

[Kaneman]

HOLY SHIT!

They raided his parent's home and seized all the computers? I missed that part of the story? Why is every single person in Maryland not rushing the Capitol right now and demanding this be fixed?

I try not to get carried away, but this is some straight up gestapo behavior. Unfuckingreal.

Worse part? There hasn't been mass rioting....nobody gives a fuck anymore. So sad.

[pauldun170]

Originally Posted by Kaneman

HOLY SHIT!

They raided his parent's home and seized all the computers? I missed that part of the story? Why is every single person in Maryland not rushing the Capitol right now and demanding this be fixed?

I try not to get carried away, but this is some straight up gestapo behavior. Unfuckingreal.

Worse part? There hasn't been mass rioting....nobody gives a fuck anymore. So sad.

He rides one of those rice rockets. We all know they terrorize the roads and the officer likely saved a life getting that dangerous individual off the road.
Officer keeps us safe.
Wheelie popping rice racer makes us not safe.

[z06boy]

Originally Posted by Apoc

Its just too bad he hadn't been packing, and shot the cop when he pulled the gun, before he identified himself. Cocksuckers.

You know...there's alot of truth in that...he should have been flashing badge and identifying himself FIRST...period !!