Man Faces Jail for YouTube Video of State Trooper
This trooper doesn't appear so super.
A Maryland Air National Guard staff sergeant faces up to 16 years in jail for videoing an incident with a state trooper who pulled him over for speeding on his motorcycle.
Anthony Graber took the video from his helmet, which showed him getting cut off from the road in an unmarked vehicle when a man came out in plain clothes, brandished a gun, and told him to get off his motorcycle before even identifying himself as a state trooper.
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.
While there's little argument that Graber was speeding, the argument here is whether or not video recording of incidents that happen in a public place (where by standers and drivers-by can see the same thing) is legal.
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.
In Graber's case, however, the video was one that wasn't very flattering to the state trooper.
Read more from Time about other cases of police and video.
UPDATE:Maryland Attorney General has released an opinion that the wiretapping law does not apply, as police encounters are not private conversations. It was characterized: “seems an unlikely conclusion … particularly when they occur in a public place and involve the exercise of police powers.”
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Taking public pictures in public = wire-tapping?!
Prize plonkers!
the fact that he pulled his gun was so random. He pulled the gun just to identify himself as a state trooper then puts the gun away. Smile for the camera.
In holland it is ruled that videotaping is legal on public streets, even when told not to by police. That's what public means
Although intimidation from police officers often convinces people to turn the camera's off
You know what I think? This is ridiculous. Yes, he was speeding. But the state trooper did not follow proper guidelines in identifying himself. And now, wiretapping charges for something in a public place? This has gone too far.
If this was in Canada, this lack of identification alone would be ruled unconstitutional, based on my knowledge of the Criminal Code.
up to 16 years in jail for videoing ??? is this the Democracy !!! ????
Abuse the power that state gives you, worry not the state can take it back from you.
Protect and Serve Not Abuse.
4th amendment anyone?
Granted the state trooper in plain clothes should be reprimanded for 'not following proper protocol", there was a state trooper behind him that was NOT in plain clothes. This asshat (the biker) should be arrested for complete disregard to traffic safety.
That being said, his helmet cam was rolling in a public place and he should not be prosecuted because of it. Unfortunately for him, it will be used against him in traffic court.
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?
So, what about all those videos of cops whupping a$$ is in the case of Rodney King, or the Maryland student after their NCAA victory. In the former case, the cops pressed charges for assault, saying the student attacked a horse mounted officer, and you see the video tape the student come with in 10 feet of the cop or anyone else he was drunk of course, but he got a royal a$$ whupping from the cops, for no reason what so ever. Why aren't wiring tapping charges pressed in this case?
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.
I wonder if he would have faced 16 years if he caught someone else breaking the law while he was "Wiretapping".
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.
So americans, what more rights have you lost today?
don't be silly, we american's haven't had rights for a very long time
And cops wonder why they are disrusted and disliked among the general population. It is officers like this that give them all a bad image. Not surprising though about the state trying to prosecute the guy on wiretapping charges. This is what lawyers and bureaucrats do best... the wrong thing!
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.
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.
Thank you andybird.
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.
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.
So americans, what more rights have you lost today?
Can't lose what you don't have
Good to be in Canada
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.
Hahahahahahahaha....the maryland DA's office has already dismissed the wiretap issue. Now that cop is screwed...
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?
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?
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.
If he was going that fast in UK they would have seized and crushed his bike, not just a speeding ticket.
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.
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.
In the US, wire-tapping laws vary from state to state. In some you can take video as long as there is no audio.
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.
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.
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?
"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.
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.
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.
x2. This is exactly why I carry a gun when I ride my motorcycle. Cops are the only ones that carry guns, thankfully.