American Morning
Motorcyclist faces jail for YouTube video of traffic stop
By Carol Costello, CNN
(CNN) – The American Civil Liberties Union is calling the case surrounding Maryland’s Anthony Graber an "extremely dangerous act of police retaliation." One that could send Graber to prison for five years.
It boils down to this: do you have the right to use your personal camera to record audio and video of someone, in this case a police officer, without his consent? What if he asks you to stop recording him? What if you don't? And, what if you then posted the recording on YouTube?
Last month, a Maryland State Trooper, in plain clothes, and driving an unmarked car, stopped Graber’s motorcycle. Police say he was driving 100 mph and “doing wheelies” on I-95 in Harford County, Maryland.
The trooper approached Graber, gun drawn. After five seconds, the officer identified himself as a police officer and put his gun away. He cited Graber for traffic violations and drove away.
Here’s where the story gets complicated.
Graber had a camera mounted on his helmet. It recorded the entire incident. Graber did not turn the camera off during the traffic stop because he was upset the trooper had drawn his gun. He posted the incident on YouTube.
It wasn’t long before police showed up at Graber’s house, served him a warrant and threatened to arrest him. “They came in and they took all of my computers and my laptop and my camera. They were going to arrest me,” said Graber.
State police did charge him with another crime: illegal wiretapping. Maryland is a two-party consent state, which means if one party asks you not to record his voice then you can't record his voice. The trooper did not give Graber permission to tape his voice, so the Harford County States Attorney said he “had no choice,” Graber “broke the law.”
“I suspect Graber had that camera on his helmet to capture himself "inciting" a police officer to post a "gotcha" on YouTube,” said States Attorney Joseph I. Cassilly.
The American Civil Liberties Union sees it another way. It calls the states attorney’s action "malicious prosecution." ACLU attorney David Rocah says, “Graber was on a public street. The officer could clearly see the camera mounted on his helmet. As a citizen, Graber has a right to record video and audio of anything he wants – if he's on a public street.”
Initial court proceedings begin June 1st.
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If you are not allowed to record audio in maryland as it can be defined as a criminal act, then every single police officer who has ever recorded any audio has by definition commited a criminal act, especially if they have not got prior consent or given the other party the option to decline being recorded. Ooops, 🙂
A little bit of bad news for all the people that seem to think he was filming this to catch a cop in a "gotcha" situation as the reporter puts it.....
If you are filming something and your plan or ultimate goal is to catch a cop in a "gotcha" situation this would be about as far from the mark as you can get. The point there is to make the cop that pulls you over look stupid. But in this case:
1. Graber was committing a felony....
2. He faced loss of his license and massive fines if caught....
3. Any cop who pulled him over would be 100% justified.....
4. That cop would in no way look stupid.....
Now can someone explain to me how that constitutes a "gotcha" situation? If that is what Graber was going for he may just be the dumbest human being alive.
And to "Matt" above, you must have watched a different video than the rest of us. The cop did not pull his gun and identify himself when Graber began to back up. The cop had his gun out when he exited his car. He also ran up to the bike, grabbed it, and said "get off the bike" before ever identifying himself as a cop. Can you imagine the reaction if Graber had mistaken him for a thief and ran him down trying to get away?! Or if he had thought he was a thief and tried to flee and the trooper had fired at him? What a disaster that would have been compared to a few confiscated computers and one embarassed trooper.
For those saying they side with the officer cause they hate the crazies doing 100+ and wheelies, I agree, but this case isn't about that. He was speeing and broke the law. Traffic citation; that's done an over with. An officer should ALWAYS identify himself. I live in DC, and if someone gets out of their car, gun drawn, I'm totally going to draw mine, and fire first. If the officer didn't identify himself, I should not be at fault. One of the things you learn in training is that if you draw your gun, be prepared to use it. Further, illegal wire tapping is ridiculous. It was a public arena, plain and simple.
I'm curious to know, what threat the cyclist presented that after being pulled over a firearm was unholstered before any identification–in either direction–had been made.
It seems he exercised poor judgment in his pusuit of a reckless driver. And as has been stated, the _instant_ he starts acting in a police capacity, he has relinquished his individual right to privacy. He acted under the color of authority on a public street. If that's not subject to the rules of press the bill of rights is worthless.
If a reporter films a cop on a public street, and cop says "turn off the camera", is it wiretapping?
Police aren't going to win this–and the prosecuting attorneys know it. They just want to make this guy's life hell for embarassing the state troopers. A heavy handed lesson to the general public is all this is. There's a price to pay for "disrespecting" authority. Expect charges to be dropped quietly once a few high ranking officials get wind of it. this going to court would be a circus.
When you put something in the mail or your garbage out on the curb all privacy goes away. The police are known to use the mail and the garbage to look for incriminating evidence. This is a double standard!
Obviously the Judge is not aware of this video fad. The gun drawn was just wrong!
Let's not forget that this clown was endangering not only himself but those around him by travelling as fast as he was. Then to be doing wheelies on top of that. He should get some jail time for the reckless driving alone and have his driving privileges revoked for five years or so. He's a self serving moron.
His wreckless behavior was planned so he would be stopped, and to be put on you tube.
About the sloppiest reporting I've seen in a long time. Too many points that are inconsistent with the actual story. Is CNN now in business of recycling old news or is being a mouthpiece for various state or government agencies the new business model? Will add more later...
1) Some of these commentors need to stop with the sensationalism. Any motorcyclist (even those who ride like idiots) are at far more danger from automobile drivers than automobile drivers (especially you SUV driving, frappachino drinking, cell phone taling/texting soccer moms and dads will ever be from motorcycles.
2) The wiretapping charges are an attempt at silencing witnesses to police abuse. Pure and simple.
Boy....what a great job the trooper did!!
I bet that stop made his day....Bet he could wait to tell all his trooper buddies all about it!
My father, who is a retired police officer, told me a story recently about the cops of today. ..."he said, they certainly aren't like the cops that patroled our streets 20-30 years ago. The first question the new cadet asks is...."WHEN DO I GET MY GUN?"
Ever notice the police officers of today are the same kids who had NO Friends when they were growing up!!! No wonder the public has no respect for the police officers of today. They're all a bunch of cowboys who are power hungry and have no humanity.
So the cops are going to fine people who tape them abusing innocent people now? This is ridiculous. Why was this under cover officer waving his gun around? That was Unprofessional and if they aren't doing anything wrong then why the paranoia about cameras?
If that cop had stopped me, I would have rammed his ass with my bike. He had no reason to have gun drawn. Come to my state and pull that crap!!
Here's what's amazing to me. DID WE FORGET he was driving his motorcycle down the highway 100MPH and riding on one wheel...endangering his life and the lives of so many others on the highway. The COP in my book is a hero. You chose to break the law, you give up your rights. HEY ACLU, I need you to sue him for me because of my right to safe passage on that highway was violated. What a joke. And CNN, your reporter seems to be siding with this idiot. Where has America gone...we call it "rights" and erase the line between right and wrong. If the idiot...yes, it's my right to call him an idiot...riding the motorcycle would have abided by the laws of our great land, we wouldn't be here. Remember that one ACLU. What a joke....
Angie: Your arguments hold water... except that it would apply to a reporter.
The fact that he commited a felony act and videotaping it was part of it (either as a joy ride film for later; or to incite a reaction from the cop) makes it part of the crime and not covered under the "freedom of the press" laws. This guy was not taping news or documenting the actions of a cop. He was taping his own crime for personal gain or provoking a reaction from a cop.
Do they have a right to claim illegal wiretapping: heck no. A person has a right to document a police officers actions when that officer is doing anything job related. They are twisting the use of a law meant to protect an individual from unwarranted intrusion of their life. This guy just taped his own confession and provided teh state with the evidence. The cop should thank him.
1. The rider committed a felony when he hit speeds of +100 mph and was doing wheelies, etc...
2. He started to back up before the gun was drawn, that is enough to allow a police officer to draw his weapon.
3. The police officer drew his weapon and announced he was state police.
4. On or off-duty police officers have an obligation to stop a crime that is likely to lead to injuries. They are required to, it is not optional.
All legal actions by the cop. We cannot see if the car has its emergency lights on. MD has a very strict law regarding tinted windows and this is obviously a cop car.
1. The guy had a camera and was in a public location.
2. As a public servant the cop has no expectation of privacy while doing his job. They should not be able to ask a person to turn off a camera.
3. If the man pleded guilty then the action is public record and the video should also be public.
4. The cop saw there was a video and asked it to be turned off. The guy said no. There was not secretly taped video.
The DA/cops were in the wrong for their actions after the fact and how they reacted to the video being posted. They are using the law that protects people from taping situations with a person secretly to get back at the rider.
The state should be required to return the video and equipment to the man. Then the man should be arrested and charged with reckless endangerment – and the bike, helmet and camera confiscated as part of the punishment. He should do some hard time for what he did; he should lose his motorcycle license for 5 to 10 years and he should have to attend meetings with families that lost someone to accidents caused by people like him.
He should feel lucky that all they did was take his camera and computer.
This plainclothes officer pulled up in an unmarked car and only flashed a gun for identification. I saw NO badge produced in this clip I would have kept taping too for my own safety and not believed this was an officer. If a badge was shown instead of a gun maybe the officer would have gotten somewhere This officer is also lucky it ended as well as it did.
Looks like in Maryland you don't even needs brains to become a police officer..........or a state attorney...........
The cop is an egotistical jerk who should have been identifying himself as a highway patrol officer instead of pulling his gun like some cowboy when he exited his vehicle, pretty inappropriate. Then they retaliate by confiscating the poor guys computers. Maybe they should be reminded who's paying their exhorbitant salaries and benefits, the people who are riding and driving on public roads. If they don't like being recorded maybe they should find another line of work. I have known two different people who were just driving and were hit by someone because police were pursuing that vehicle and basically caused the accidents. That's why a bunch of towns in CT have no pursuit policies, avoids lawsuits and prevent innocent citizens from being hurt. This country has basically turned into a police state. Hope the guy riding the motorcyle sues the crap out of them for harrassment as that cop is not fit to protect and serve.
Why does no one point out the obvious connection to everyday life? If this violates the wiretapping law, then perhaps everyone who brings a cam-corder into the Baltimore Inner harbor area needs to be arrested. I know its practically impossible to avoid filming strangers while shooting shots of your kids chasing birds, feeding the ducks, etc...
They don't have concent either...
I don't think the Cop did anything wrong. He put himself in danger by drawing a gun before identifying himself. The cyclist deserved the ticket, and he should be allowed to tape and post the incident if he chooses. I don't see what the cop wants suppressed, he seemed in control of the gun and himself. Americans, we need to use the same technology to protect our rights as the law uses to prosecute offenders. I live in a one party consent state and call a messaging service that records everything when I get pulled over. That way the police can't delete the info.
Do police officers post videos of their arrests on youtube? And for those videos featured on police shows, the suspect's face is always blurred out. Did this guy have the cop's face blurred out? What about his license plate?
What if this was a cop who arrested a lot of bad guys who were dying for some retaliation and all they needed to find out was what vehicle he drove and it's license plate... Wow. Now these guys have a license plate (which, with a little resourcefulness will get them a home address) and a description of his car.
I doubt... HIGHLY that anyone has had such danger imposed on themselves and their family by having a police dash-cam filming a stop.
The guy was driving recklessly, filmed a cop after the cop told him to stop, and then posted it on youtube. I wonder if his motorcycle forum buddies told him he was so cool for popping wheelies and getting a gun pulled on him. He's lucky his video wasn't posted by someone else who pulled it off his broken helmet after peeling it off the interstate from his remains spread over a quarter-mile stretch.
As far as I'm concerned, when you have so little regard for the lives of others or your own, it becomes ridiculous to be concerned about anything else. I'm sure no one else on that interstate had a choice to be alongside someone who was putting their lives at risk in order to make a cool video for youtube.
First of all, this is ridiculous. The entire ordeal...
As a general rule I support all of our policemen and women as they put their lives on the line to serve and protect us. And now that that is out of the way:
There seems to be no dispute that Graber was speeding and driving recklessly. Should he be fined for these offenses? Without a doubt. Possibly even for reckless endangerment since his driving could have caused other drivers to cause an accident. But wiretapping? That may be pushing the issue a little.
Secondly, the conduct of the officer concerned. I know the policy in a few states (not MD) and the general rule is that an officer is only to pull his sidearm if he feels threatened or is making an arrest. The usual practice is to place your hand on your weapon to ensure that the person knows it is there and that you will use it if necessary. Getting out of the vehicle with your weapon drawn when both of the riders hands are clearly visible and of no threat doesn't seem to fit that criteria at all...
My main concern here would be the overall intelligence of this officer. Was there not a moment when he had the thought "I'm in plain clothes in an unmarked car and getting out with a pistol in my hand" and pondered how exactly the driver may react to that? Had it been me, or most people for that matter, I would have tried to either drive away or drive into him. When someone (who in no way, shape, or form resembles or is identified as a police officer) exits a car with a pistol drawn your first thought is not that they may be a cop but that they may be a carjacker.
Overall solution: Yeah, Graber deserves the speeding/reckless driving tickets. And the officer in question should be at a minimum counselled for the sidearm drawing. But if Graber was on a public street I would assume (and think it proper) that he should have the ability to record the incident. As many other people on here have pointed out, there are dash cams in every police car. If it is legal for them, it must be legal be everyone. No one, including the police, are above the law.
In other news, look for a large amount of people in the news beginning to ask police to shut off the camera just to see if they will.....
Why does this happen in the USA? This cop ought to be reprimanded and the DA disbarred. Are we Soviet Russia now? I have yet to see any State Police that serve the public. They are arrogant, rude and egomaniacs. Obviously the Maryland DA (Cassilly, Joseph) is an idiot. I suppose the only way to rein them in is to have them do something stupid like. .. I don't know.. pull a gun on an unarmed motorcyclist. Naw, the cop would have to shoot him before anybody did anything. Of coarse the DA would still prosecute the dead citizen. How sad we have such a BS system in place in the good ole US of A.
The idiot was endangering the lives of everyone on that interstate and his own. The officer was doing his job in doing what he felt was necessary in defending the safety of the innocent citizens who were obeying the traffic laws.
Sorry, IDIOT motorcyclist with a mid-life crisis, I hope you get the five years and I hope you lose your bike because it's idiots like you who make it difficult for all over motorcyclists who obey the laws and ride responsibly.
You're mad because you got busted for being a complete and utter JACK-ASS and all you had on the cop was that he pulled his gun to stop someone who was going 100 MPH on a busy interstate. You're LUCKY the cop pulled his gun on you to make you stop before you ran your bike into the back of a minivan full of children.
PLEASE..... PLEEEEEEASE throw this moron in jail for five years.
The guy was driving over 100 m.p.h.... he endangered everyone around him with that kind of behavior. The cop reacted to a threat to the citizens he was supposed to protect and serve. This is not a minor speeding violation, folks. With the total disregard for life the motorcycle driver displayed, I can see why the officer drew his weapon. He never pointed it at the driver. As to the delay to identify, he was clearly looking to see if he was safe or not. The blue light used to stop the motorcyclist was a pretty good indication of what was going on. The biker knew it was a cop even though he claims he didn't. He stopped for the officer. And I think the AG had it right saying that the biker wanted to record the event. Now... as to recording the event, I think the biker had every right to do so... public street, government employee being recorded. And I think he has every right to air it on you tube. But we should use the video to put the idiot on the motorcycle in jail for a long time. My family could have been killed by the behavior. I have been riding motorcycles since 1973 and I am an MSF Rider Coach. I love motorcycles... despise what this unthinking rider did.
Oh and Carol Costello is super hot!
That's what the motorcyclist gets for not crashing and dying. He should try better to kill himself next time. that way everyone is happy. He's a life support system for a statistic.
This is yet another example of Maryland cops being out of control, and not being held accountable for their actions. Not only is the "cop" driving an unmarked car, he also offers no proof or verification that he is a cop. This "cop" should be more mindful that there are many examples of people impersonating police officers in the DC area. The biker has every right to flee - take a look at the video - somebody with NO IDENTIFICATION, driving an unmarked car, pulls a gun. Talk about being fearful for one's life!!!! At the very minimum, the "cop" should have called for uniformed backup before taking this drastic action.
I suppose it's a guilty conscience that makes so many cops afraid to be filmed at work. I hope it's not because they feel if the public saw what they really get paid for some LEO heads would roll. I am often within range of cameras when I'm working, but then again, I have nothing to hide. How can that bike have been going so fast it was "a threat to other drivers" but the cop's personal car was not. I guess when the cops do a little "street racing " it's for the public good.
The officer pulled his gun to intimidate the citizen with fear to stop him. That is excessive force given the situation. The police got caught and now they want to hide the video of one of their own breaking the law. This what police do, they protect their own and oppress the people they claim to serve.
Police are public servants that should welcome cameras, unless they have something to hide. The fact is they have alot to hide, they violate peoples rights everyday in the name of justice, so its no wonder they don't want to be recorded while doing so.
If the trooper was smart, he would have written "careless driving" in the comment section of the citation. It's an automatic cancellation of his insurance and there's not a company on earth that will touch him after that.
I know, I was a cop and did so twice in instances just like this. The two idiots I had to chase down lost their licenses permanently as well. They might be able to outrun our cruisers, but no one can outrun a radio.
People have a right to safety on the highways.
PUBLIC officials having PUBLIC conversations on a PUBLIC roadway should have a reasonable expectation of getting recorded. CC Rodney King.
I think the DA has it the wrong way around. The guy who pulled the gun should be charged with assault and the guy who was stopped speeding should be issued a ticket for reckless driving- not illegally recording a public conversation.
Im sorry, I meant first amendment rights.
Isn't this an infringement of second amendment rights?
Or is the new ruling of the Supreme Court on campaign finance reform.
I guess this proves that free speech is only for those with money or power supported by that money. Interesting.
"Eternal vigilance is the price of freedom".
I wish I had a video of every time a cop stopped to 'help' me or ensure my safety with a rouitine safety check.
My life is finite. I do not have even one spare minute to donate for a routine roadside check whether filmed or not.
Can the police edit their videos btw??
Of course the motorcyclist should be pulled over if he/she is speeding, but that is not the point here and some people are missing it.
The point is that the officer had no reason to stop the driver so aggressively wielding a gun. Unless the press is leaving something out of this story, the state owes this man a major apology along with a reckless driving violation. The officer should be punished as well.
Imagine what you would do if you were pulled over for speeding and instead of waiting for the officer to run your tags and write a ticket, he/she jumped out of their vehicle with street clothes on and a gun out. This resembled a clip from 24, but no Jack Bauer to be found.
This is difficult.
Would his posting the incident on you tube be the same as a reporter for the press, reporting the news even though he is not a reporter and his posting on you tube is not considered a news reporting web site?
Does he truly have protection under the first Amendment of the Bill of Rights?
"Congress should make no law respecting an establishment of religion..." Separation of church and state.
"or prohibit the freedom exercise thereof..." Freedom of religion.
"or abridging the freedom of speech..." Freedom of speech.
"or of the press..." Freedom of the press
"or the right of people to peaceably to assemble..." Freedom to peaceably gather in a group.
"or to petition the government for a redress of grievances..." Freedom to peaceable protest.
So is posting on you tube the same as a news reporter, reporting the news? Some could argue that it could be, if it's news worthy.
How do you see it?
whats the differents the cops dont ask us when we get stoped if they can tape us so we should be able to tape them with out asking them , but i guess its not too funny when the shoe is on the other foot is it
two weeks ago i was harassed by the A.A county police for having my video camera out. i had pulled off the road in my car for a low tire light on my dash. with flashers on i exited my car with my tire gauge and found a tire 10 pounds under.also found a dry wall screw in the tire. so i looked around on the street and found many dry wall screws on the road. there was construction trucks in the area and in the flow of traffic. i pulled out my cam from my trunk turned it on.filmed the flow of traffic and there happened to be a officer giving a citation to another car 30 yards from me. i got back in my car turned off cam. the cop runs up to me detained me for 10 min. let me go only to pull me over 50 yards away. issued me a citation for 5 mile and hour over. 80 dollars and 1 point. told me he didnt like my camera. i told him he singled me out and he had discriminated against me. ill see him in court in July
This is stupid! The reporter says that the police officer didnt point his gun at the biker. SO WHAT! He drew his gun, period. To me it seems the police are over the bounds of normal police duty in almost all regards to the public. Does this mean we live in a police state?? I would answer YES. Just look at the prison system and the shear number of people behind bars. Just how many police agencies are there in this country anyway. DEA, FBI. DIA, Homeland Security, Customs, Border,State, Local, Sheriffs, etc etc etc. THINK ABOUT IT.
What if the motorcyclist had become afraid, of the gun, and darted out into traffic, causing his death or someone Else's? The conduct of the "enraged" patrolman is an indicator that he is unfit for public duty... Federal Law allows for recording, both visually and vocally, on ANY publicly owned street or area unless it is sensitive to national security..
I'm no lawyer, and I agree that citizens have the right to record a/v on a public street . . . until a police officer stops or otherwise detains you. At that point, you follow the officer's instructions, including "turn of the camera". Graber was driving recklessly and the officer was justified in his approach with his weapon drawn. It was NOT pointed at Graber. Someone driving an automobile recklessly and endangering the public would be met in a similar fashion. IMO the officer should have immediately stated that he was the police as soon as he exited the vehicle, but otherwise, I didn't see anything else he did wrong. If Graber did indeed break the law by recording and posting the video, then it's a prosecutable case. He's entitled to a trial, but the state wasn't wrong in pressing charges. Personally, I think Graber was seeking a little retribution and consolation for his bruised ego by posting the video on Youtube. Read some of the posts. Many of them call the police "fascists" and the arresting officer in this case was "out of control". It's the internet era's form of public pouting. If Graber felt the officer was out of line, he could have filed an official complaint or a lawsuit. Instead, he broke the law and posted the video. The justice system continues to evolve to accommodate our increasingly inter-connected world, but some unwritten and old-school rules still apply. If you get pulled over for doing something stupid, but not otherwise felonious, treat the officer with respect and get over it. Makes life easier. Just sayin'.
How was the cyclist supposed to know the plain clothes man, getting out of an unmarked car, with a gun drawn, was a cop?
What threat was made by the cyclist to warrant the cop drawing his gun?
Did the cyclist even have a chance to turn off the recorder?
Well, see this was a terrible set up as if it would have been me and someone jumps out of their car with a gun and does not say police I would have pull out my weapon not knowing it were a cop it would have ended bad. as it would have been too late.
Apparently this Maryland state police officer has no gutts. Pulling over a motorcyclist whos hands are filled with breaks and throttle seems extreme. The officer should be fired. I called the Baltimore county barracks of the state police and one officer felt the same way as me. Its simple, Maryland cops are abusive to their citizens, not all of them , but most are.
in Bush's last year 300,000 real "wiretaps" were performed in the states at the average cost of $53,000 each, most without warrants, if the biker filming his idiotic antics is illegal wiretapping what were Bush's actions??
When our freedom becomes "less" important than our safety, we are all in trouble...
In a free society, it is our obligation as citizens to observe and monitor public space. How can we ensure that the law is policing appropriately if we cannot document and share police activity? Think back to the beating of rodney king, to name just one obvious example...
1. He has already admitted guilt to the speeding & wheelies so let him pay his fines!
2. While I agree with unmarked, civilian clothed police officers, I did not notice the officers car having any kind of "official lights" on? Maybe because of the camera angles. I could not fault the officer pulling his weapon. They NEVER know what is going to happen, and need to protect themselves at all times. And he did not point his weapon at the man.
3. I AM concerned that the state has, for me, "raised the ante" on the camera issue? Are they embarassed, and if so, over what? In this day of technology one would have to guess that EVERYONE now has some kind of recording device. Is Maryland going to join AZ & TX in attemping to "totally" control citizens activities? Remember that almost every police car now has video cameras in them. Would I have the right to demand they turn it off?
the riders reckless driving did not warrent the reaction of the officer the bike was stopped. if the officer placed his hand on his weapon and approached the rider as they are trained to do. there would be no issue on the officers conduct. as for the charges,funny how he wasn`t charged until after the video was posted on utube and made the state police look bad
The police officer should be punished for even pulling his weapon in that situation. Clearly he was using his gun as an intimidator, not to protect and serve.
As far as the camera, the police record citizens in there regular traffic stops, so why can't we.
If the officer is performing his duties correctly he should have no problem with someone recording his fine police work. Lol.
So it is "ok" for an "off-duty" trooper to speed in an unmarked car??? What is more dangerous? A motorcycle speeding or a car? I guess the Maryland HP didn't want the misconduct of their precious law breaking trooper to be broadcast!! Plain and simple.. Busted.. Not to mention the drawing of a weapon on a NON-felon... ACLU,, have at it..!
its not about his speed or driving habits, its about keeping the cops honest and recording what "really happened" think of the lies that we would have believed over the years if a camera wasn't there to show us the truth. cops get the scale of "justice" tipped their way based solely on who they are, when like everybody else they are fallible and prone to self preservation. the camera is our only proof over their less then honest word. scary new world, wheres Officer Krupsky?
It's pretty evident the direction this is taking. When an unarmed citizen is stoped by an armed unmarked off duty government agent several laws were broken.
The least of which was the speeding or the suposed "wiretaping". Adhering to the idea that the best defense is a good offense, the government AGENCY serves a warrent in which personal property is taken and family and neighbors witness the this poor guy get arrested.
As far as the camera strapped to the guys head... I wouldn't do it, but in this day and age he should obviously be allowed. We have cameras on everything now, including cars and trucks for a ton of reasons.
I recently watched a story about safe driving using nation wide teens driving vehicles with cameras.
Finaly in the back of my mind I have to ask the question "what could have happend"... if the 'speeder' drove away and got shot in the back by this 'cowboy'... or the 'speeder' defended himself and ran the 'cowboy' over? What about the other motorists and if they got involved?... would they have been worried about the nut with the gun or the guy with a coma'rocket?
Tourism should plumit because I'm staying away from there *shivers and cringes*. Four years of prison is scary, and i'm not the safest driver myself.
On numerous occasions I have been on I-95 and had the pleasure of having these self-serving motorcyclist drive by at a very high speed, crossing all four lanes of traffic, weaving in and out of cars and frankly – it is down right scary! He cared nothing about his fellow man and what dangers his actions could place others in. I am hopeful the Harford County prosecutor does not drop the charges. And, I am extremely thankful for the off-duty police officer. I've often wished I was a cop, or that one would see them as they have flown by. The ACLU needs to protect the innocent from Mr. Graber.
I’m not sure how things work in Maryland but in most Northeast sates a officer cannot draw a gun, directly pointed or not, on an unarmed person unless they are personally in danger or a person is resisting arrest. This driver did not threaten the officer nor did he resist arrest. Be sure I will be steering clear of Maryland and their crooked police departments.
Driving fast on motorcycles while video taping is the latest craze on youtube. The kid was in the wrong regardless of what the officer did. Should the officer have gotten out of his car flashing a gun instead of a badge? Probably not. But the officer did state within 5 sec that he was State Police. I don't think the kid was trying to frame the police, I just think he was being a stupid.
He deserves a ticket, however there is a major problem with this so called wiretap law. Every cop car in the country has a video camera on the dash that is always rolling , we as private citizens can't contest the use of their cameras? this is absurd. I am also sure that he only intended to video him self going fast and having fun and had no intention to " cause a controversy by secretly taping a cop"
that cop need to learn too pull out his badge before his gun
What I find disturbing is some guy in plain clothes gets out of an unmarked car with a gun drawn saying that he is a cop and he expects people to comply, not if I'm driving.
my opinion... people are on camera almost everywhere now.. is everyone that has cameras passing out release forms? Why can all this be legal to be used in case of a crime and not taping a policeman at a traffic stop? I'm thinking the motorcyclist and anyone else for that matter should be allowed to record the event. If there is nothing to hide what does it matter?
Carol,
I Just saw your piece about the motorcyclist. You might be interested in seeing the reaction of other motorcyclists to this story when it first came out a week or so ago:
http://www.st-owners.com/forums/showthread.php?t=83040
We pretty much all agreed that the rider was being stupid but what really raised our hackles was this guy in an unmarked car coming toward the rider drawn gun. How was he to know this was a cop? This could have ended tragically as some would have reacted out of fear and tried to run the gun wielding officer down to get away.
Like many, I felt the state's reaction to the Youtube posting smacked of revenge.
Anyone racing 100+ mph on a major highway could have committed any number of offenses which might be a danger to an arresting officer. The officer was just being cautious when approaching such an idiot.
Can't find the video on youtube. Has it been removed?
Trooper did not do anything wrong, as an officer, you probably never know what you're getting into...it is better to be safe for their protection. The warrant is pointless, but they should revoke his motorcycle license–that should hurt him.
I'm 45 and 'you' people need to grow up. 100 on a Motorcycle is like gong 50 in a car! There is nothing sensational about going that fast. Cage drivers should do a better job of looking out for Motorcycles. There is very little danger to a car from a motorcycle.
45 huh, you should grow up. Anyone on the road driving 100, (same on a bike–I'm also a rider), can cause cars or trucks to evade and lead to other accidents. I am a safe rider and occasionly reach speeds of 80-85 when on an EMPTY highway, but you don't need to showboat in traffic to enjoy a great ride.
I think the cop pulled his gun b/c the wheelies and reckless endangerment are possibly a felony. Police are justified showing a weapon during a "felony stop". Just my 2 cents. Natural Selection will likely "thin the herd" if this motorcyclist continues doing wheelies @ 100MPH in the blind spot of a large bus 🙁
Carol, you are too hot for morning news 😛
Cheers,
Mark
I think every single citizen in this country should have a camera available on their person at all times, especially while driving, to record any inappropriate behavior observed, and especially including that of law enforcement.
We wake up every morning to news and videos of police "beatings" which they claim was in "self-defense" never mind that they have 5 or 6 officers and dogs on the scene, or they can simply claim "I was in fear for my life" and get away with more heinous crimes than that for which they were trying to arrest someone!
Camera are our only weapons of "self-defense".....even if the judges all ultimately "find" for the side of law enforcement! Deprivation of Civil Rights Under Color of Law... Section 1983, I believe....
CITIZENS; KEEP YOUR CAMERAS AVAILABLE AT ALL TIMES!... or we will certainly become a Police State!...... like Arizona! for instance!
I think that whole situation is dumb.. I mean I dare someone to ask me to stop Recording or snapping photos, They are my rights. I think the only thing they should do to the Man is fine him for the speeding. In reality if a cop, as they do, was recording your routine traffic stop and you the citizen didnt want to be recorded or anything, and you ask them to stop recording, I bet you they wont.. So why should we have to, especially with all this police brutality going on these days... SO I actually support (Andrew?) Graber. I feel he should only have to pay for his speeding, but they camra thing is his business, just as yall said the same goes with you guys, news anchor mans etc. yall never have to stop broadcasting or taking pictures... Good Luck Gaber ~Joe(CT)
Wait, does that mean if I get pulled over in Maryland and the officer records my conversation without my knowledge or refuses to stop recording if I request it, he goes to jail for five years too?
Ridiculous. Anything and everything done in public should be open session for recording, visually and audibly, whether the camera is in plain view or hidden, whether they like it or not, especially of someone whose job it is to enforce the law. Those who have nothing to hide, hide nothing.
I'm 45 and 'you' people need to grow up. 100 on a Motorcycle is like gong 50 in a car! There is nothing sinsational
If the cops If the cops pull you over there is a camera mounted on the first of the vehicles. Now why I regular people can’t recorded the cops when they pull them over on a public roads. Cameras tell the trust I have one installed at the rear of my pickup truck and it turn on with a button if I ever get pull over? The cops need to beware of owner’s camera.
This should be illegal search and seizure. The police are simply retalitating because of the public nature of the conduct of the officer who drew is gun. Question is this:Did this officer intend to shoot the cyclist had he attempted to leave the scene? Reason enough to kill somebody rather than get the plate number and make the rider suffer honestly through the legal system?
The videotaping is insignificant. If it's not going to be used for evidence in the traffic offense, who cares. I'm so pleased this butthead was arrested. For reckless endangerment like this he should have gone directly to jail. That cyclist is an idiot, a danger to others, and should have his license revoked permanently.
Linda Trip didnt get any charges for wiretapping Monica.
Ok....motorcyclist was being a wreckless driver and wingnut and should have been pulled over.
Now...the issue of the officer having a problem being recorded...I strongly disagree.
THE MOMENT he declares himself and "puts the hat/badge back on to WORK" and does the right thing of arresting the driver.....the officer is now back at work as a STATE or LOCAL official....on TAXPAYER payrolls. Now that they are a PUBLIC official (not private citizen at the moment of duty)...he/she is now working for EVERYONE....and as a public official....well....your ours...and we have a right to SEE you at work.
Same as if a news company catches or uses I-Reports for there news reporting...or any civil organization recording public workers.
This was NOT a sting...this was NOT an undercover operation.
The officer did the RIGHT thing and CORRECT DUTY....in doing so though...they were back on the public beat.....as my granfather said long ago....when you serve in the military or in any public position...you belong to the people and they have a right to see you work.
this motorcycle cam wasnt filming the cop until the cop pulled him over. and the state law allows you to film. its the voice that cant be recorded without permission. the troopers voice would not have been recorded had the driver known this was a cop. thats entrapment. by a state official.
The law in Maryland is obviously intended to protect the police from being responsible for their actions. If the police can do anything without fear of being held accountable you have a police state. My advice stay away from Maryland. If this holds up it is a dangerous precedent.
Don't police cars have an on-board cameras in Maryland? I've been stopped in Maryland and I certainly didn't consent to being recorded. To me it figures that either its legal to also record the police, or its illegal for them to record us.
The motorcyclist should be fined for wreckless driving, but the illegal wire tapping charge should be completely dropped. Citizens should have the right to have videocameras running on our motorcycles or within our vehicles. It's a good idea to have video cameras in our vehicles as well because police are only monitored by one video camera within their vehicle. Also, this could allow car jackers to be found and prosecuted if citizens were doing this.
I am not sure if you have seen videos on youtube of people driving in crazy and reckless ways but there seems to be a trend out there to drive like crazy, endangering anyone else on the road, and make a video of it. These people are not just going a little fast, they are racing in and out of traffic at breakneck speed and I am sure more than a few catastrophic accidents have occurred. I was recently looking into buying a car in in my search for various opinions came across these videos. i suspect that was what this motorcyclist was up to. For the danger he caused everyone for his moment on youtube (I suspect more videos will show up on his computers that the police removed) I say through the book at him and if there is a law about videotaping and he violated it – great – get him off the roads. Kudos to the off duty cop.
Police officers are public officials, in performance of their duty they are in the public eye and this instance was conducted on a public highway. The officer had no expectation of privacy and if anyone should be video taped in performance of their duty it should be the police. They do not get unlimited nor unchecked power over the public they serve. I agree this is retaliation over the motorcyclist, who appears to be admitting to his crime and taking accountability for his action. Why are the cops not taking accountability for their response?
The police officer was clearly out of control, exhibiting instability by power tripping and losing control by drawing his gun. Any individual has the right to record anywhere, anytime – especially when it's the police or any civil servant abusing the public's trust. The police have way too much power and authority, with no protection afforded to the public. AND confiscating the guys computers and charging him – must have taken quite a few hours to find that old dusty law, considering it's against police policy to draw a weapon unless there is imminent threat to life – which there wasn't. I hope all the cops involved get fired and sued !!!
Counties, in the Maryland, are putting cameras on school buses that also record voice. How is that any different? Would the voice recorders have to be turned off if students or their parents ask that they be turned off?
Do the police in Hartford county use dash cams? If so are they not wiretapping illegally ,they record audio aswell .Do I have the right to tell them to turn off the camera when being stopped .
I fully agree the rider was wrong for speeding and riding recklessly on a public roadway but the officer should have supplied a badge of some sort prior to pulling his weapon. There is nothing to assure the rider was not a road rager instead of a cop and if the bike rider would have pulled away not knowing the officer was official it would have gotten really ugly. I think a badge should come before a gun although it was not pointed at him. The officer could have also called for an on duty officer and trailed the bike rider and the bike rider should have seeked a private track to perform his stunts and high speed riding on and I am not sure how the Maryland law coincides with the freedom of press especially when public arenas have always been fair play.
This sounds like the Police have something to hide, and this man should never be charged for protecting himself from police brutality.
I totally side with the State Trooper...I see these motorcycle
crazies everyday on I 30 in Dallas and wish we could get
the cops out of the coffee shops and on the street, finally
a cop who does his job and tries to protect the mothers
and fathers taking the kids to school and the Maryland
nut jobs go after the cops...just plane crazy
If its illegal for him to record on the highway then wouldn`t it be illegal for the police to use there dash mounted cameras with audio? if you told the officer to stop recording you he would need a warrent to finish his traffic stop, or is it that this law doesn`t apply to the police.
It is becoming more and more apparent that Americans need to have cameras to protect themselves from abuse by police. "Protect and Serve" seems to apply only to questionable behavior by cops who have some sort of idea that they run the country. When did the U.S. become such a police state? Who is empowering these cops to think they can pull guns on anyone they choose in a blatant show of aggression and power? Why do they believe their behavior is never to be questioned? It's nice that we have a way to "file our own report," because prior to portable-cams a police report was like one of the Commandment tablets.
I am outraged by this story. I ride a motorcycle and I carry a gun (legally) if I saw some one cut mer off and pull out a gun like that officer did I would have drew my own gun and defended myself. The cop should never have pulled his gun before identifying himself especially since he was off duty and in an unmarked car. I would have assumed it was a car jacking
As a citizen of a free world, Mr. Graber had every right to video tape this incident. Had the shoe been on the the other foot it would have been quite ok. So leave him alone.
Of course he can record on a public street. That cop was obviously
off duty, not "in plain clothes" as the troopers are claiming.
They are just embarrased by the fact the trooper made a possibly dangerous situation by overreacting by jumping out of his car gun drawn with no police identifiers.
If public streets are good for news crews, then they are good for individuals. The police are trying to suppress incriminating evidence.
Cop did not have his shield and ID out .
While I am the first to say the police get out of control.If you watch the video closely,the officer doesnt draw his gun till the motorcycle rider starts backing the bike up.This is just another result of reality TV.Everyone wants to be on TV regardless of how they do it.He is lucky he didnt get shot or cause a wreck and kill someone.
The cop pulled his gun, but never showed his badge. I would not have stopped if i was on the cycle. There are many nuts with guns on I-95. This cop could have been anybody.
What if the cyclist had kept going? Would the cop fire his weapon over a speeding violation?
so if I do not consent, I can ask a cop to stop the tape?
Police are public servants. Their bosses, the US taxpayer, should be able to film police at any time.
This is a scary case of trashing the first ammendment.