Facing prison for filming US police

[superconnected]

Source: aljazeera.net


When police arrested Anthony Graber for speeding on his motorbike, the 25-year-old probably did not see himself as an advocate for police accountability in the age of new media.

But Graber, a sergeant with the Maryland Air National Guard, is now facing 16 years in prison, not for dangerous driving, but for a Youtube video he posted after receiving a speeding ticket.

The video, filmed with a camera mounted on Graber's motorcycle helmet designed to record biking stunts rather than police abuse, shows a plain clothes officer jumping out of an unmarked car and pointing a pistol at the motorcyclist.

It does not portray the policeman in a positive light.

Read more: http://english.aljazeera.net/focus/2010/08/201082214554232983.html

[superconnected]

1. As a citizen you can be charged with wire tapping.... but the gov, that school in PA and

Apple can take pics of you anytime they want and/or listen to your calls.

"Rocah said his client "was charged under the wiretapping statute which prohibits taping oral communications without consent"."

---------

BTW, having worked for the Cities police dept - I can tell you that by 2003 Seattle Police had cameras mounted on their cars and filmed their police stops routinely. I was constantly brought into meeting about how to store and access the tapes on our servers.

[peacetalksforall]

2. So the guy was undercover - why didn't he show a badge? Is this the

correct protocal for an undercover policeman. My first thought is that a criminal was stopping me. Does anyone know the law in their state that they can quote? What would have proceeded this that we didn't see on the film?

[Downwinder]

3. Sort of makes it hard to portray a policeman in a positive light. n/t

[Bozita]

4. "They hate us for our freedoms." - GW Bush

[Winterblues]

10. Especially the freedom to build a mosque..

That is what they really hate us for....:shrug:

[Lorien]

39. Community center. nt

[KansDem]

5. The confrontation takes place at 3'13"

..for those of you who, like me, get a little woozy watching the ride from the "driver's seat."

[Rebubula]

6. Law is weak...

...but this guy is the kind of motorcycle asshole that pisses me off to no end; speeding, doing wheelies, swerving in and out of lanes and between cars.

I hope that he beats this stupid charge, but I also hope that he gets fined and punished heavily for riding his bike on the Beltway like such an asshole.

[superconnected]

19. For years I said I'd never seen a motorcyclist that didn't break the law on the freeway

while I was looking at them, but then I finally saw one, so can't say that anymore.

[ManiacJoe]

7. What brought this old story back to life?

[James48]

8. the fact that is it posted on Al Jezeeera. n/t

[superconnected]

23. I found it on common dreams and gave their link for it.

I had no idea it was old. Looks like a new article but the event happened May 25th.

[raouldukelives]

9. Taping a police officer acting like an ass = 16 years

Trying to wiretap a sitting United States Senators office = job with Fox News.

[Enthusiast]

48. Yup..................nt

[avaistheone1]

11. Do we need to pass a law to protect ourselves should we need to film police?

Or is there a law already in place that is not being enforced?

In my opinion the police are public servants and can and should be filmed, moreover the police have no problem filming you or me if they choose to do so.

[JJ]

44. Thought we already had one

1st amendment, or some such

[Mnpaul]

12. But O'Keefe goes free

Both happened in Maryland

[atreides1]

53. Didn't you know

There are two groups of laws, and O'Keeefe and those in his caste are covered by the other group.

[crim son]

13. This is unacceptable.

What country is this, again?

[molly77]

51. Raleigh Durham area in NC

A friend of mine signed up for training to be a sheriff. Top priority was given to Iraq veterans. Now what kind of sheriff's deputy would that be...right back from Iraq where our soldiers bust into houses unannounced and do street warfare? Minds still mixed up from what they were asked to do for Big Oil.

It was hard for me to believe that all the pedophilia in the Catholic Church was systemic in nature. The recent publicity tells another tale. It has been systemic. Covered up by Catholics and the justice system. Is this another example that approval for our police and sheriff's departments to wage war on US is the very same thing ? Sanctioned/ encouraged from the top? Blackwater in New Orleans protecting property instead of helping people.

[Boudica the Lyoness]

14. Why did the little pig turd have his gun pointed at the driver?

Maybe the little fucker thought it was his badge. I remember the Oakland piglet thought his gun was his trusty taser when he pointed it a man he had on the ground and shot him dead point blank in the back. Maybe this fucker was confused as well.

[superconnected]

21. Well I can see how you feel about the cops. Unfortunately, there are good ones and bad ones.

So all are not "pigs" just like all men are not "pigs" although some very sexist men exist.

[OnlinePoker]

15. How long was the cop behind this guy and did he have his siren on?

I only get sound in the video when the cop gets out of his car. If this was a high speed pursuit, then it's customary for the cops to have their guns drawn as they approach the suspect. The cop also identified himself as State Police. The video stops just after he shuts off his bike so I didn't see where the cop was being an asshole, either. I think it's just people don't like the police (until they need them) so will hate on any cop doing their job.

[crim son]

17. Your last statement is false, but

you raise a good question about the possibility of it being a high speed chase.

[sofa king]

50. I only disliked the cops when I regularly did bad things.

Now, I see them nearly every day, smile and wave, and they smile and wave back. A couple of times lately I've even been caught doing something stupid (on a moped, not a motorcycle), but because I'm friendly and sober and willing to change my ways, they seem to believe that I'll actually heed a warning. And I do heed the warnings.

I'm not sure a motorcyclist who keeps a camera to film stunts (on the roads?!) has that sort of non-antagonistic relationship with the police that I enjoy. That might instead fall into the "regularly doing bad things" category.

[quakerboy]

40. What does that have to do with anything?

I don't care if the guy on the bike had been leading a 15 hour high speed chase. I don't care if the cop had weapon drawn because the guy on the bike happened to be carrying a RPG. I still don't think it should be illegal for someone to video tape a cop. Do you?

[Submariner]

16. We must be the Soviet Union now

I recall the tight ass politicians of the 60s thru the 80's whining about press freedoms being taken away by communism.

What we see today seems like commie tactics to me.

[molly77]

22. I beg to differ

We are much more like fascist Germany..after Hitler started invading other countries.Wonder why the comparison to other countries is usually Communist? Is it because we invade countries that are brown or Asian? Well , that fits with fascist Germany.

[Lasher]

18. If filmed in a public area, this is clearly unconstitutional.

Anybody with half a clue knows this. But the fascists have arrived and they don't care.

[superconnected]

20. +1000

[Exultant Democracy]

30. its a public "servant" in a public area, obviously the camera guy should be executed for treason

[Lasher]

32. This is a particularly sinister episode in our history.

It is abundantly clear that many of our police resent being held accountable for their actions by the use of this technology, and are taking aggressive steps to prevent this form of scrutiny. I can't imagine any form or degree of rationalization that could conceal this clear fact from anyone except the willfully ignorant and complicit.

[brentspeak]

24. This is a persecution of Anthony Graber, not a prosecution

Quasi-fascism on the part of the cops and the DA in this case.

[Alcibiades]

25. The stop itself looks benign

The prosecution on this BS charge is not. Looks as if the camera documented his actual traffic violations well: more than 12 points worth in a few minutes, that's for sure.

To argue that the officer has any expectation of privacy in this case is nuts, as the guy had a giant camera on his head. I think they are just miffed that their "undercover" officer had his face plastered all over the Internet.

[Kweli4Real]

26. I'm Sorry; but ...

This article is either really old or B.S. The Courts have already ruled ... over and over ... that law enforcement have no expectation of privacy when recorder in public spaces, e.g., public streets.

[baldguy]

27. Would you take ABC?

Growing Number of Prosecutions for Videotaping the Police - July 19, 2010

http://abcnews.go.com/US/TheLaw/videotaping-cops-arrest/story?id=11179076&page=1

or Wikipedia?

http://en.wikipedia.org/wiki/Anthony_Graber

[Occulus]

34. Authority figures everywhere are routinely ignoring such rulings

This is endemic in our system right now. Authority perceives an opportunity to heavily assert itself at the moment because the People, as a group, have so very little power. Public campaign financing, with a ban on all but individual donations to any political entities, would go a long, long way toward fixing that, but that's not going to happen anytime soon.

This even extends right down to my quasi-Federal workplace. Supervisors are routinely and commonly ignoring the rulings made by the binding arbitration process. Basically, they're ignoring the union. Yes, that probably also violates several laws, but they just. Don't. Care.

The truly disturbing part of all of this is that, over time, courts and legislative bodies have relaxed those rules and restrictions in response to the actions of the Authorities in question. It's as though they're all saying, "well, since you'll just ignore the rules anyway, we might as well change them to suit you." Historically, this is a fatal road upon which a declining nation drives.

Time will tell, but this is not the first case of this, and it won't be the last no matter how many court rulings are made. That does not bode well for our society.

[liberation]

52. Speaking of BS...

http://www.salisburypost.com/Opinion/082610-edit-resisting-arrest-qcd


What were you saying?

[Time for change]

28. Fuck those bastards

I'm sick and tired of public officials who refuse to be held accountable for their actions. The actions of public officials in the performance of their duties should rarely if ever be considered private or confidential.

[Bennyboy]

29. Public Servants?

I think not.

[Phlem]

31. Can we say

Militarized Police State.

Oh it's coming. Maybe 5 to 7 years from now. And don't tell me it ain't gonna happen.

After Obama hands the pukes his one year "enabling" Presidency, they're going to make every attempt to put that last nail in the coffin.

I've got a bottle of champagne saved for such an occasion. :sarcasm:

-p

[derby378]

33. Sounds like you're encouraging us to arm ourselves

All I want is for the police to be brought in line and for lawbreakers in their ranks to be disciplined, that's all.

[Phlem]

55. Not at all

But, I would think that what you can get for "defense" would be different than what be supplied to police in such a scenario.

-p

[Billsmile]

35. Truth is the Enemy

It robs power from those who are unfair.

[Mnpaul]

36. There appears to be a conflict legally

The AG says it is going nowhere while prosecution thinks they have something. They are running cover for the cops.

Since then, the Maryland attorney general's office has warned that it's unlikely the charges against Graber would stand. Other legal experts have weighed in on Graber's side; the American Civil Liberties Union says there's no "single court anywhere in the country that has found an expectation of privacy for an officer in such circumstances."

But Harford County State's Attorney Joseph Cassilly told Reason the trooper had a right to privacy, even though the stop happened on a freeway offramp in broad daylight
http://jalopnik.com/5611487/prosecutor-defends-traffic+stop-privacyfor-police

[Dirigo]

37. Distinguishing A Police Officer Not Wearing His/Her Hat Is Indistinguishable From A Pie Salesman

Here is one video of a police officers encounter with two "dudes".

http://www.youtube.com/watch?v=eHMnFDdZY0c

At the conclusion the officer demands the guy filming him with a video with sound turn it over to the police officer because of the audio part. I won't quibble with the officers interest with these two guys and I presume he had cause to talk with them. From a public relations standpoint, I just wish officers would look more professional and less shall we say, "redneck" particularly when they are unshaven, sporting goatees and mustaches with a wad of tobacco under his lip. It just looks so unprofessional. Another is the fact officers don't even wear police hats as a standard issue with their uniforms. Whatever happened to officers wearing Police Hats and looking authoritative and professional? Appearance such as this is a turn off and no wonder the public at large don't view police officers as true professionals when you and I know it is a very complex and difficult job that only the most dedicated can survive for long.

[happyslug]

38. Reported on DU August 3,2010

http://demopedia.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=8868826&mesg_id=8869147

[pleah]

41. the cops here are pumped up on steroids and will either tase you,

beat you or shoot you.

[defendandprotect]

42. What are the police doing that shouldn't be seen by the public...or recorded???

[newtothegame]

43. ahhhh...the fresh smell of change... nt

[Kringle]

45. bad state to live in .nt

[SILVER__FOX52]

46. They are trying to eliminate civilians having proof of ......

police brutality or illegal behavior. This will not stand. If, it does, America is lost. These cocksuckers work for us. They are paid via our tax dollars. This is ridiculous. Cops are utility workers, not God damn, Military. This is the result of conservative leadership. They love that Authoritarian SHIT. Most cops are young half wits that probably would be criminals if they weren't cops.

[bobburgster]

47. Crazy!

That is the type of thing that should just not be allowed. I'm sick of seeing two different sets of rules, one for the police, and one for the rest of us.

[anachro1]

49. Why was he even stopped?

Are we punishing people for enjoying themselves now?

[valerief]

54. I remember something like this in an old movie about the Soviet Union.

Well, if there wasn't such a movie, this sure does seem like something that happened there back then.