Man Faces Jail for YouTube Video of State Trooper

[1pp1k10k4m1]

The trooper doesn't have a legal foot to stand on. The state will lose the case, and they'll be lucky not to get counter-sued. Trooper failed to identify himself, brandished a firearm (that's as legit as the "wiretapping" charge), the wiretapping thing won't stick, and the cop used unnecessary force (cops never pull their guns just for kicks, especially on motorcycles when there is little to hide on it). Graber will be vindicated from this governmental bully.

 

[1pp1k10k4m1]

Hahahahahahahaha....the maryland DA's office has already dismissed the wiretap issue. Now that cop is screwed...

 

[sevyr]

Be honest guys - if you were in a car in traffic...saw a motorcycle pass a bit by you and gets cut by another random car...the guy in the car gets out and pulls out a gun...what would you do?

 

[rodney_ws]

[citation][nom]Ghaz[/nom]Oh dear America. In the UK the trooper would be the one in a lot of trouble. 16 years is the kind of time people get for raping and murdering, not accidentally videotaping someone jump out of a car with a gun at you. Seriously, what?[/citation]

While I agree the non-speeding charges should be dropped, do you REALLY think he accidentally videotaped the officer? Did he also accidentally upload it to YouTube? I'd have probably done the exact same thing in those circumstances, but don't kid yourself into believing it happened accidentally.

 

[bv90andy]

If he was going that fast in UK they would have seized and crushed his bike, not just a speeding ticket.

 

[spanspace]

[citation][nom]mtd324[/nom]From what I understand the video is not the issue here.I think the "wire-tapping" is him recording audio without making it clear he is doing so.You can record video anytime anywhere, audio is a different animal.Either way, I'm pretty sure this isn't why this type of law was put in place. This is the state of Maryland doing their best "Spilled hot coffee on my lap while driving so I'm suing McDonald's" frivolous lawsuit impression. Also, the audio is not used out of context or maliciously.It is simply being used to show how bad this off-duty cop is at his job.Even in a marked car with his uniform on the gun would be completely unnecessary. The fact that he was in an unmarked car and in plain clothes makes all the more upsetting. By the way, thank you for volunteering your time to help make this country safe Mr Anthony Graber (Air National Guard Staff Sergeant). He does his part, now you do yours properly State of Maryland. Give him a traffic ticket for speeding, roughly 82 in a 65 (because there is no way you can use this illegal video against him). Then apologize for being retarded.[/citation]

You are very right about why it's a wire-tapping charge. The fact is the cops do it all the time to us. I've never once been told I am being filmed by their car. I know they do it though. If there is a public outcry this guy will be fine. IF there isn't he will go down because the public is too chicken **** to speak out. I'll sign any petition to get a piece of **** corrupt cop off the streets. I want cops that protect and serve not ones that abuse their power.

 

[ibemerson]

In the US, wire-tapping laws vary from state to state. In some you can take video as long as there is no audio.

 

[Camikazi]

[citation][nom]angryfingertips[/nom]It looked like the trooper was off duty, since he was not in uniform? From this video it does not appear that the officer did anything wrong and I see no reason why the video should be kept underwraps by the police. Nor should the driver be charged with taping in public. The video clearly showed the guy was driving reckless speeds in traffic. The older that I get the more I look by on things I did in my 20's and say to myself I'm lucky to be alive. One wrong move at 130 mph, could be your last. I know that any speed could be dangerous, but you smaller windows for error at higher speeds.[/citation]
The cop cut the driver off in an unmarked car in plain clothes and the first thing he did was pull a gun, that is COMPLETELY wrong. Do you have any idea what could have happened if the motorcycle rider had gotten the wrong idea and thought he was being hijacked? One of the reasons plain clothes officers are to announce they are officers is so there is no misunderstanding on who it is and the person will not try to protect themselves from the normal looking person with a gun pointed at them.

Yea the driver was speeding, that is obvious, hell it even marks the speed on the video, but that does not mean that the cop did things correctly. The cop put himself in danger by doing what he did, he had no clue if the biker was armed or ready to protect himself from a perceived bike jacking, because he did not announce he was an officer before pulling the gun.

 

[rubix_1011]

Did this video remind anyone else of Rod Farva pulling over Rabbit in the Porsche with his '85 Camaro right after snarfing down a chili dog?

 

[Parrdacc]

"This comes at a time when certain cities are encouraging its citizens to use the cameras that they have with them, be it a real digital video camera, a cell phone or even an iPod Nano, to capture potential crimes and upload
it to aid the police."

So long as those incidents and crimes do not involve any law enforcement officers that are committing them.

 

[tsnorquist]

So what's the difference between this and local news media? Freedom of the Press... can he not claim he was a freelance journalist?

I think all parties are guilty. The state trooper for acting the way he did and the biker for driving through traffic like a "controlled" maniac.

Fine everyone and call it a day.

 

[wotan31]

[citation][nom]insider3[/nom]So, I take it that you are the type to assume that anyone in regular clothes that pulls out a gun on you is a cop. You must live in a wonderful neighborhood.[/citation]
x2. This is exactly why I carry a gun when I ride my motorcycle. Cops are the only ones that carry guns, thankfully.

 

[bebangs]

honestly, this is restarted.
this is abuse of power.

 

[Lorsus]

wow, this is four months ago...

 

[fjmfreitas]

Yes he was overspeeding and should be punished for it, but saying he wiretapped a public place is just insane.

My question would be, if said guy (biker) had a gun and a license to carry it, and reacted to the situation in front of him by shotting the armed 'guy' that has stopped him would that be considerated self defense? (as the officer did not identified himself)

 

[Tmanishere]

I saw this video a long time ago. Did it take this long to give him the charges? And yea, the egomaniac plain clothed gun toter could have been shot or driven over for acting like a douche.

 

[Computerrock1]

Wow, the gov. is being stupid. Its obvious that this is legal. He's in public.

 

[angryfingertips]

[citation][nom]Stryter[/nom]Did you miss the part where the off-duty cop pulled a gun on an unarmed man? First he cut the cyclist off, which is a dangerous stunt. The cop had no lights or sirens on. And then he gets out of the car and immediately pulls a gun, instead of, oh, I dunno, maybe a badge to identify that he is a cop. I would be seeing my life flash before my eyes if that happened to me.[/citation]

How would you know that he is unarmed? He is on a motorcycle and you could not see the other side. If I remember the video, he does put the gun away when he secured the scene.

I have a concealed carry permit, but that would come up on their computer, but he was not in squad car. It is very easy to conceal a weapon. Since the officer is in plain clothes he is at a disadvantaged and would have no ideal why this guy is driving the way he is driving. Did he just kill someone, rob someone, running drugs, etc.....Yes he should have shown his badge and do a better job identifying himself as an officer, but that is lot to say and remember to when your adrenaline is pumping.

How else would you stop, but to cut him off.

Officer may have not done everything perfectly, but we do not see the whole video, nor do we get everything that the guy did on the motorcycle. He would have been best to edit his video to only show the cop cutting him off and flashing the gun. Instead he shows that he was speeding. A little video editing would have went a long way to help him. I think that he had every right to post the video, but it may hurt him more than help him in the end.

I talked with a former drill sergeant and he told me something I didn't even think of, his quote " This guy could be get a general discharge for the speeding. If you were one of the 40 guys, (he may have anywhere between 8-40 guys under him as a sergeant) would you want to put you life in his hands. If he is reckless we his own life, what would he do with yours in his hands." Some thought on how the army may look at the situation.

 

[Shivetya]

Looks like the attorney general is shooting the charge down...

http/www.cato-at-liberty.org/2010/08/06/maryland-attorney-general-sides-with-anthony-graber/

 

[maestintaolius]

[citation][nom]Computerrock1[/nom]Wow, the gov. is being stupid. Its obvious that this is legal. He's in public.[/citation]
That's pretty much what the ACLU is saying in their case against the police videotaping charges. The local/state gov'ts are hiding behind the law that forbids unauthorized recordings of private conversations but the ACLU is saying that a traffic stop is not a private conversation but a public one especially since its being held on the public interstate property (and I agree as these records are commonly publicly available). I sincerely hope the ACLU wins this case because the gov't should be afraid of us, not the other way around.