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08-06-2010, 08:33 AM   #46
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QuoteOriginally posted by Blue Quote
The purpose in this case is a reach to Pluto. He was arrested under Maryland law following a raid on his home. The judge that issued that warrant should be disbarred.
that is an issue based upon probable cause. we can't comment further, but depending on what he was shown, and whether that evidence or justification was false, will impact whether the case holds water or not.

08-06-2010, 08:36 AM   #47
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QuoteOriginally posted by Lowell Goudge Quote
Mike

I found it on a link discussing the wire tap laws, and applicability of making secret recordings, or recordings without consent, when the purpose was to use the recording later to comit a crime. It largely related to blackmail and extortion, as examples, but stated not specific crimes, only that it be used to comit a crime (i interpret any crime)

I believe it was a federal statute not a state one.

Do a search on it and you should find it, I did not keep a link.
Sorry, my original question got garbled when I was trying to add the part about the incitement issue...

The police are not charging Graber with blackmail or extortion in relation to the video... the charge is simply "videotaping a cop w/o permission." If there were valid enhancers you better bet the DA would be all over them. Also, I have not heard of any federal charges related to this case so again, it's unlikely that they are considerations.
08-06-2010, 08:37 AM   #48
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QuoteOriginally posted by Lowell Goudge Quote
read my previous post, if the intent was to post it to insite others to break the law that is a crime i never disputed that these are to avoid disputes and are not conceiled, wire tap law is about conceiled recording as I said, this needs to bedetermined no he recorded it during the comittment of a crime on the road, not a raid in his house if the photos go beyond the normal limits of privacy and accessible in public, they are liable for invasion of privacy suits. If they violate laws, or blackmail the subject then it is a crime, but the law specifically states embarrasement is not a crime on it's own, so stars that get caught on film, in public doing stupid things are fair game, That is pretty well established in the courts.

Lowel, he did not record during the commitment of a crime. Speeding is not a felony. He was arrested for nothing related to speeding. The hauled of 4 of his computers probably as a fishing expedition looking for something else. You are perseverating on blackmail. He didn't attempt to blackmail the cop acting like a punk. He put it on youtube.

QuoteOriginally posted by Lowell Goudge Quote
and your point about the photo is? It is in a public place viewed from a public place, or private place you own, so what are you questioning
The old lady is "Jaywalking" right in front of 2 uniformed officers at the crosswalk. Why do you think I said I could have sent it to the paper. sarcasm
08-06-2010, 08:39 AM   #49
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QuoteOriginally posted by Lowell Goudge Quote
that is an issue based upon probable cause. we can't comment further, but depending on what he was shown, and whether that evidence or justification was false, will impact whether the case holds water or not.
Probable cause for what? Contempt of cop? That judges nickname is probably "dial-a-warrant" down at head quarters.

I can just see the communication:

Judge: Why do you need a warrant?

Cop: This guy took my picture?

Judge: Really?

Cop: Yes sir. He caught me in street cloths going all "Martin Rigs" during a speeding stop and put it on YouTube.

Judge: Here is a warrant. Drag that sob and his computers in hear and let us give him 16 to life.

08-06-2010, 08:52 AM   #50
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QuoteOriginally posted by Lowell Goudge Quote
wire tap law is about conceiled recording
Graber's camera was not concealed. Sticking on the top of his helmet like it was it's hard to believe that the officer didn't see it...

Futhermore, MD's wiretapping statutes only protect oral communications if there is an expectation of privacy. The side of the road is hardly a private venue (supported by MD rulings saying that people stopped by police during traffic stops have no expectation of privacy)

http://law.justia.com/maryland/codes/gcj/10-401.html See (2)(i)

Mike

Last edited by MRRiley; 08-06-2010 at 09:07 AM.
08-06-2010, 12:47 PM   #51
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2 more articles which discuss Graber's arrest and the general trend of police to arrest or intimidate citizens for taping them...

Videotaping Police Is Often Cause for Arrest - ABC News

Congressman introduces resolution to protect citizens who videotape cops
09-28-2010, 08:21 AM   #52
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Charges dropped!!!

The latest developments in Graber's case (boldface added to significant points) Original article

QuoteQuote:
Charges dropped in cyclist, trooper taping


A Harford County Circuit Court judge Monday dismissed wiretapping charges against Anthony Graber, a motorcyclist who was jailed briefly after he taped a Maryland state trooper who stopped him for speeding on I-95 using a camera mounted on his helmet, then posted the video on YouTube.

In April, a few weeks after the traffic stop, Hartford County state's attorney Joseph I. Cassilly charged Graber, a staff sergeant in the Maryland Air National Guard and a computer systems engineer, with violating the state's wiretapp. That law dates back to the 1970s and was originally intended to protect citizens from government intrusions into their privacy. If convicted on all charges, Graber faced up to 16 years in prison.

One of the key legal questions facing Judge Emory A. Pitt Jr., was whether police performing their duties have an expectation of privacy. Pitt ruled that police have no expectation of privacy in their public, on-the-job communications.
Pitt wrote: "Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation. 'Sed quis custodiet ipsos cutodes' ("Who watches the watchmen?”)."

Graber was also charged with possessing a “device primarily useful for the purpose of the surreptitious interception of oral communications" -- referring to the video camera on his helmet. The judge disagreed with the prosecutor that the helmet cam was illegal, and concluded the state's argument would render illegal “almost every cell phone, Blackberry, and every similar device, not to mention dictation equipment and other types of recording devices."

No word yet on whether the state's attorney will try to appeal twill try to appeal the decision.

Graber still faces traffic charges.

Pitt's decision is the first ruling in Maryland to address the legality of citizens taping police in the course of their duties. Because it is a circuit court ruling, it is not binding on other judges. However, unless it is appealed, Graber's attorney David Rocah of the ACLU of Maryland, said "it is likely to be the last word" on the matter and regarded as precedent by police.

-- Annys Shin


By Washington Post editors | September 27, 2010; 6:02 PM ET
Categories: Crime and Public Safety, Maryland
09-28-2010, 10:10 AM   #53
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Sanity prevails. Thx for posting this update!

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