A U.S. Congressman has introduced a resolution that would protect citizens who videotape cops in public from getting arrested on state wiretapping charges.
Edolphus Towns, a Democrat from New York, introduced the resolution on Thursday, the same day USA Today wrote a scathing editorial denouncing these types of arrests.
Edolphus “Ed” TownsThese types of arrests have become an epidemic throughout the country as more people are carrying some type of video-recording device on them at all times
But the case that has gained the most national attention has been the arrest of Anthony Graber, a National Guardsman who is facing 16 years in prison because he uploaded a video of a Maryland State Trooper pulling a gun on him during a traffic stop.
Ten days later, Uhler discovered that Graber posted the video online. Two videos. A longer one without audio and a shorter one with audio.
That prompted Uhler to issue an arrest warrant against Graber, citing that “Graber did not inform Tfc. Uhler that he was recording him by video or audio, thus violating criminal law 10-402(b).”
He also tacked on the charges of “reckless driving” and “negligent driving” to the arrest warrant.
And then six cops raided his parent’s home where Graber is living early one morning.
These psycho Maryland cops and DA’s seem to be a perpetual problem.
Its about time.
I can see cops pulling this stunt ONCE until any DA reviews the case MUCH MORE the judges. Yes, “the system” has broken down here when such UNAMERICAN activities take place under COLOR OF LAW.
When this happens in the USA, it doesn’t say much about the natural expression of god given freedoms. Freedom is not god given or natural, it has to be fought for every day of the year.
I’m very dissappointed in the ACLU. Nothing is more important than the ability to document our government in action. In fact, there should be some kind of counter law suit filed in every such arrest until the cops/lawyers/judges understand the CONSTITUTION is a limit to their fascists preferences.
The whole issue really bothers me. You’d think “the law” was already written, aka the first Amendment?
And that raises the issue about the “need” for Administrative Mandamus. Various governmental functions are broken down, not working, working incorrectly. We don’t need more laws, we need the laws we already have to be enforced.
Free Speech, Secure Borders, no bribes in return for political favors etc.
I did not see anything wrong with what he did. The motorcyclist was still on the bike and could have used the bike as a weapon. Just as a car. The officer holster his weapon as soon as he felt the threat had been ended.
If I was a officer I would feel these days that every stop could pose a threat to my safety. We can always blame the officer but it was a officer who was shot and killed that probably caused this reaction in the first place.
Why are we more concerned about police officers over stepping their reaction to a traffic stop here. Then all these cities passing laws allowing for a concealed weapon for citizens who have little training?
I have seen far too much aggression from drivers over a simple traffic stop. If you want to be treated as a human then act like one. I think the Police have just accepted that every simple traffic stop could become their last. Who’s fault is that?
[Earth to Jescott… the post is really about filming a-hole cops, not about procedure.]
Where are the Tasers?
Those police attitudes lead to incidents like the danziger bridge shooting. They didn’t want any cameras there either.
I don’t like cops fucking with me. Do you?
#4 Oh sure. The people with concealed weapons permits are just fucking going around shooting everybody in sight. All those “shall issue” states are just dripping blood everywhere you look. Get over it, bozo. Concealed carry holders are more law abiding than any demographic you can name. Dope.
The guy on the bike was in the wrong even though I can’t blame him for backing up as a stranger gets out of a car that just pulled in front of him with a gun drawn. Sitting here I have the sense to go, “Who else would pull in front of you like that if a cop was behind you..” out on the road however he was like, whoa wtf dude, same as about anyone else here I’m sure.
The whole being arrested for video taping with the possibility of going to prison for 16 years, wow. I realize there’s more charges than that, but that’s insane.
Oh sure! Let the COPS make videos or even just take pictures of people in public and use it in a court of law – especially with those unmanned radar vans. Cops, prosecutors and even dumb-jerk judges will almost always CONVICT people using videos as primary evidence too. Just you never mind the ABSENCE of WITNESSES if you happen to trigger a radar van. And never mind also the fact that you might want or need a record for your – or OUR – protection too!
This “system” of cops, prosecutors and judges will even tell you that you have no expectation to privacy when you are in a public area – AND – that if you happen to be recorded in a public area that it can be used as evidence too. But just take a video of a cop in public and you can expect to be busted and even have YOUR video thrown out of court! (And don’t expect the wossie little ACLU to jump in here either!)
I suppose this incident is just more proof that LAWS only work one way when you’re a CITIZEN and completely different when your NOT!
So is it a double standard? Absolutely! And I can’t think of a better example either.
So if you LIKE this “double standard” and think it’s somehow protecting (us) the public then keep voting for your precious liberal left.
Up next, fascism! “Please have your ‘papers’ ready”…
Hey! This biker guy might have committed a serious crime! How are the cops to know? Cops can pull their guns any time they want, even on little old ladies going to church. It might not be “procedure” but THAT’S NOT THE ISSUE!!!
The ISSUE HERE is that the biker dude was recording his “adventure” on video and didn’t tell the cops that his camera was on – even while getting busted. He then posted the video online and GOT BUSTED AGAIN for what should be a matter of PUBLIC RECORD!
So if that cop was under cover or something and didn’t want to have his cover blown (which I suspect is what’s really going on here) then he should NEVER have made the traffic stop. Let’s also turn the tables in this a bit and spit the exact same defense that cops always use too: “you should NEVER expect any level of privacy when you are in a public place.” So boo hoo Officer Fashion. Boo hoo!
…I also didn’t see any BADGE on that cops sweater either. Did you?!
Freakin’ jerk-off cops and judges, I’d love to catch one on video performing an act that most would consider illegal or un-American. Rodney King comes to mind. Screw ’em. Where are my rights? They can tape me but I can’t tape them?
A guy pulls up in front of you with no identification on the vehicle, no id offered and he is pointing a gun at you. WTF. Stupid. Horrible procedure. Undercover guy is lucky things didn’t go bad.
Land of the free? Baahahahaha!!
Yeah, right. Why I dread the idea of crossing the border to visit family in the “free-est” nation on earth.
Signed
A Canadian
What is with the judges signature being a secret on the arrest warrant. Did an actual judge sign the warrant? if so, why the secrecy. The judges privacy was stated as the reason given for not disclosing the signature. The judge has no expectation of privacy on a publicly available document.
I would submit that an arrest warrant without a judges signature is not a valid arrest warrant and as such the six officers that executed the warrant could be facing serious jail time. I count at least four counts of kidnapping, one count of false arrest and four counts of grand theft among other lesser charges. The tacking on of reckless driving and negligent driving could be construed as malicious prosecution and double jeopardy since the original charge was already adjudicated and paid.
Of course, this being Maryland, there is no prosecutor that would charge or try the 6 arresting officers.
This whole case stinks from top to bottom.
Maryland State Troopers are insane anyway. They actually walk out into the fast lane of 495/95 (the capital beltway) to stop speeding vehicles. A lane that regularly travels at 75-80 mph. I have been there when they do that and it causes the stomping of brakes, the swerving of vehicles and near collisions almost every time.
Pretty bold to post this story on a blog. You could probably go to prison for that.
No “law” has been proposed to end this nonsense. Ed Towns introduced a “resolution”. I assume you know the difference: Even if it does go through, it offers no protection whatsoever (though, it will give him another worthless nothing to pound his chest about next election season).
It is nothing more than another useless “strongly worded letter” than can be safely ignored with no consequence.
Speeding, and driving a vehicle with expired tags, are a kin to a Terrorist Act in Maryland (many other northeastern states too).
Like was said before, everyone drives 10+ mph over the limit in MD, always have in my lifetime.
I’m glad I’m old enough to be happy to be in the slow lane.
#12 – I agree, his name could have been on the side of a bridge today. They don’t hire cops for their intellect.
These idiot laws need to be put down.
And the idiot police officer in the video needs to find a career more suited for his irresponsibility.
Police need to learn AND abide by the rule that one does not unholster a gun unless there is immediate threat to life.
As I have said before, this is what you get when
NAZI cocksuckers run the show…
Obviously, the motorcycle rider should have worn a shirt declaring (on front and back) “video/audio recording in progress”. sarcasm
Which gives me a great idea for what to sell at Maryland flea markets.
Please start calling them by a more accurate title: GE·STA·PO_lice
Etymology: German, from Geheime Staatspolizei,
literally, secret state police
Date: 1934
: a secret-police organization employing underhanded and terrorist methods against persons suspected of disloyalty
I gotta admit I generally hate cops although a fair percentage are probably decent. The whole cop thing draws in the worst applicants with some power craving disorder which is no surprise.
Dallas – true enough “but” the issue here isn’t the cops. They are but tools of the system. The system here being the DA’s but really the judges probably all being influenced by the general political system of not wanting the public to know too much which leads to lawsuits and public embarassments.
Its the very fact that cops are power hungry dumbshits that make them just a tool. They are the initial point of impact, but they are not the source/momentum of the thrust.
You want know how to find the most corrupt states? Any state that does what Maryland does has a reason.
The most amazing thing about this story is that a congress critter is actually doing something for his constituents. When is the last time that happened?
#7 “Concealed carry holders are more law abiding than any demographic you can name”
The newlyborn?
Does anyone know the complete circumstances of the traffic stop? It appears to be a parked cruiser behind the motorcycle. Knee jerk reaction from either side often bypasses the facts.
The point I take is the video. That is a job for the states legislators to review. If it’s on the books, the DA can use it. 90+% of the citizens don’t give a shit about this. That’s the sad part, but it’s always been that way.
As long as everyone recognizes that sometimes video can show a biased or incomplete record of an event, they should be allowed. The police fear that videos will not show the behavior that led to their use of force, thereby making the police seem more aggressive than the situation on the video would seem to dictate.
Police work is tough since officers are constantly exposed to the worst elements of society. Just as in some other occupations, the potential for serious errors that cause injury and death is always present. Videos of police conduct taken by ordinary citizens can actually assist police in their training by allowing them to recognize what methods and procedures need improvement. Videos can also help to weed out the bad apples so that the majority of police can perform their duties with the cooperation, rather than the resentment of the public.
Taunting and provoking police officers may seem like entertainment to some people and most police officers don’t respond to it. Making videos of police performing their duty should not be viewed by them as being taunted or provoked.
#27 True. If you look at the Officer’s Belt, to his Right side, His Badge is Clearly Visible. He Identified himself as a State Police Officer as well. I Notice the officer showed patience as the “Offender” tried to back the motorcycle up as the officer told him Many times “get off the Motorcycle” as far as the Officer “Pulling a gun on this person” that is incorrect. He had it ready, but no time is it pointed at him, at least in this video. Who knows why he was stopped in the first place? Circumstances would help here.
# 30 Well Said..Well Said