Man Faces Jail for YouTube Video of State Trooper

Page 3 - Seeking answers? Join the Tom's Guide community: where nearly two million members share solutions and discuss the latest tech.
Status
Not open for further replies.

a-a-a

Distinguished
Jul 7, 2010
16
0
18,560
[citation][nom]shivetya[/nom]Looks like the attorney general is shooting the charge down...http://www.cato-at-liberty.org/201 [...] ny-graber/[/citation]

At least the AG isn't an idiot....
 

maestintaolius

Distinguished
Jul 16, 2009
446
0
18,930
Oh and as a follow-up to my prior statement to clarify. The guy should still be held very accountable for his reckless driving but I believe he was very much within his rights to record the stop.
 

lukeiamyourfather

Distinguished
Jun 8, 2006
52
0
18,580
[citation][nom]angryfingertips[/nom]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.[/citation]

Speaking of concealed carry, the law enforcement officer is lucky the motorcyclist was not carrying. In many states the motorcyclist would've been justified if he pulled a gun and shot the officer up until the point where the officer identified himself. The actions of the officer were grossly irresponsible and put everyone else around in danger. Was the motorcyclist being an idiot and breaking the law? Yes, but that's not justification for the officer's actions.
 
G

Guest

Guest
16 YEARS FOR THAT!!! it makes me sick.
and if he killed someone he prob be in prison for 3 years. thats what i dont understand
 

angryfingertips

Distinguished
Dec 7, 2009
11
0
18,560
I think the bigger problem was Graber is facing wiretapping charges (through his helmet cam video) and had his home searched and his computers seized as a result. He also spent 26 hours in jail before even being charged.

What right did they have to search his home and not have him charged.
 

Niva

Distinguished
Jul 20, 2006
141
0
18,630
[citation][nom]spanspace[/nom]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....[/citation]

Ummm, you don't need to worry about this guy going down. Nothing will happen to him other than paying the fine for the speeding ticket. If the DA really goes through with this wiretapping farce then this guy will surely get many bikeriding lawyers who will do a very proper job defending him in court.

It's one of the best thing about riding bikes, you become instant friends with people you've never met.
 

wotan31

Distinguished
Jun 30, 2009
169
0
18,630
[citation][nom]angryfingertips[/nom]I think the bigger problem was Graber is facing wiretapping charges (through his helmet cam video) and had his home searched and his computers seized as a result. He also spent 26 hours in jail before even being charged.What right did they have to search his home and not have him charged.[/citation]
They are allowed to hold you without charging you for up to 36 hours. Is it a dick move? Sure. But it's perfectly legal. As for searching his home and confiscating his computers, I hope he sues the police dept and wins.
 

Tmanishere

Distinguished
Jun 23, 2009
64
0
18,590
[citation][nom]angryfingertips[/nom]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.[/citation]

Are u serious? I'm not condoning stunting, but how many motorcyclists have you seen that stunts on a road versus a man that "kill someone, rob someone, running drugs, etc." You must obviously not have been around super sport bikes much. The motorcyclist would have no chance outside of outrunning a cop. It's not like he was evading the cops.
 

Gryfalcon

Distinguished
Sep 10, 2004
2
0
18,510
Shivetya, unfortunately the article you pointed is is stating that that's the states AG op of the matter. It's the Harford County State’s Attorney Joseph Cassilly that's prosecuting the case. So from what I understand of it the case is still going on. Although I think the states AG op should carry more wait then the county's. Garbers court date is set for October. Hopefully the county AG gets a big hint and drops the wiretapping charges, unfortunately the guy should still be on the hook for speeding. Personally I don't think that any plain cloth unmarked police cars should make any traffic stops period. Especially since he had no lights or sirens. Pulling someone over like that by cutting them off is dangerous. What would of happen if the offender didn't react in time? People could of been hurt or worse dead from it.
 

thorimmortal

Distinguished
Feb 15, 2010
27
0
18,580
similar thing happend to me the unmarked car had his lights off or chose not to turn them on, when he pulled along side of me while I was moving at a high rate of speed I thought what is this idiot doing until I saw him brandish a badge and read his lips "Slow Down!" I slowed down and we both went about our day, no harm no foul. Not all cops are douchers. but the one in the video clearly has been watching too many cop shows on tv, he is lucky he didnt get shot or ran over.
 

tomaz99

Distinguished
Jan 28, 2010
55
0
18,580
This could have turned very ugly; especially if the National Guard sergeant was carrying a weapon.

I know if some schmuck cut me off and came at me with a weapon (and I was armed) it would have turned out different.

When did this ‘police officer’ start following him? When he was doing 80ish in a 65? That warrants a gun in the face? Or did he take his personal automobile up to 120mph (or faster) to follow him?
 

zambutu

Distinguished
Feb 3, 2009
22
0
18,560
I'm not really taking sides here, but I don't think the cop was too far off. It all happened so quick. The bike was stopped, so the cop didn't exactly "cut him off". The gun was a deterrent the keep the biker from blipping the throttle and being gone in 2 seconds. The bike was the bikers weapon, per se. The only thing the cop really should have done first was ID himself, but shoot, he said get off the bike twice, then ID'd himself, within seconds.
 

angryfingertips

Distinguished
Dec 7, 2009
11
0
18,560
[citation][nom]Tmanishere[/nom]Are u serious? I'm not condoning stunting, but how many motorcyclists have you seen that stunts on a road versus a man that "kill someone, rob someone, running drugs, etc." You must obviously not have been around super sport bikes much. The motorcyclist would have no chance outside of outrunning a cop. It's not like he was evading the cops.[/citation]

I owned one for four years and did some of the most stupid things ever on it, ie like speeding. I sold my bike after a friend crashed and killed himself a few years back on wet pavement. He lost control at about 50 mph and wrecked.

We don't know the cops view point and what he saw. He may have never seen the stunts and just the speeding. The guy could have been drinking or high or whatever.
 
G

Guest

Guest
He was only going 120 MPH in traffic so what if he causes anybody to die
 

techguy911

Distinguished
Jun 8, 2007
251
0
18,940
[citation][nom]Hatecrime69[/nom]don't be silly, we american's haven't had rights for a very long time[/citation]

Really well there is the national security amendment that bush put in place allowing them to hold ANYONE on grounds of national security and allow them to put you away forever with no trial,or due process.

There are kids that are being held using this law and been there for at least 3 years ,because their parents are "terrorist" threats.
 

joz

Distinguished
Jun 13, 2008
43
0
18,580
In Minnesota:
No Street Cop or Highway Patrol (or any cop for that matter) has authority to make arrests or pull anyone over while in plainclothes or unmarked car.
*yes.*
Also, if a cop came out of an unmarked car, in plainclothes with a gun drawn(and pointed at me.), I would have so many attorneys up his ass he'd get drummed out of the department before even getting to the court house.
Heck, even a plainclothes + unmarked car + with badge flash = me calling every lawyer from San Deigo to New York for a piece of that delicious lawsuit.
 

izmanq

Distinguished
May 24, 2009
15
0
18,560
perhaps the land of freedom is not so free anymore now :p

those *$$*ole can arrest people without charge, sounds like a story from third world countries :D i don't know what to say if those can get away with this.
 

Repelsteeltje

Distinguished
Apr 19, 2008
50
0
18,580
I don't think a cop jumping out of an unmarked car with a gun aimed at an unarmed civilian in this sort of situation would go well in Europe. Personally, I find it rather unsettling how easily people aim guns at each other in the US. I mean... Can he really jump out from his (personal?) car in ordinary clothes, and aim a gun at your head? This is a recipe for disaster.
 
Status
Not open for further replies.