Motorcyclist charged with videoing cop

[Fezmid]

Motorcyclist was going 100mph down the interstate, recording it all with a helmet cam. A plain-clothes police officer in an unmarked car pulls him over, pulls his gun out (that'd freak me out...), before identifying himself. The motorcyclist was recording the whole thing (video and audio), and posted it on YouTube. Cops came and took his computers, camera, etc, and are threatening to prosecute him for "illegal wiretap," despite the fact that in general you have no expectation of privacy in a public space (plus, the police record video/audio of every traffic stop, why can't a citizen...?)

 

Thoughts?

 

http://www.cnn.com/video/?/video/crime/201...ording.cops.cnn

 

Some discussion from Photo.net:

http://photo.net/street-documentary-photography-forum/00WXbQ

[John from Riverside]

Motorcyclist was going 100mph down the interstate, recording it all with a helmet cam. A plain-clothes police officer in an unmarked car pulls him over, pulls his gun out (that'd freak me out...), before identifying himself. The motorcyclist was recording the whole thing (video and audio), and posted it on YouTube. Cops came and took his computers, camera, etc, and are threatening to prosecute him for "illegal wiretap," despite the fact that in general you have no expectation of privacy in a public space (plus, the police record video/audio of every traffic stop, why can't a citizen...?)

 

Thoughts?

 

http://www.cnn.com/video/?/video/crime/201...ording.cops.cnn

 

Some discussion from Photo.net:

http://photo.net/street-documentary-photography-forum/00WXbQ

 

 

Hope he made a copy. Although I in no way condone doing 100 mph on the freeway a police officer HAS to identify himself....

 

Something similar happened a few years back a little bit different situation......I was cruizing along on my way to the local Walmart to pick up some eggs/milk/stuff.....I pull into the parking lot...pull into a parking spot....and proceeded to get out of my car....only to have a police officer who had been following me in a black and white pointing a 9 millimeter at me yelling at me to get back into my car...which I promptly did.

 

THen he sat there for about 30 seconds with the gun trained on me while talking on his mike........then got into his car and sped off without a word to me.

 

I know it was probably a situation of they were looking for someone that met my car and description....but damn was that poorly handled.

[DrFishfinder]

Hope he made a copy. Although I in no way condone doing 100 mph on the freeway a police officer HAS to identify himself....

 

Something similar happened a few years back a little bit different situation......I was cruizing along on my way to the local Walmart to pick up some eggs/milk/stuff.....I pull into the parking lot...pull into a parking spot....and proceeded to get out of my car....only to have a police officer who had been following me in a black and white pointing a 9 millimeter at me yelling at me to get back into my car...which I promptly did.

 

THen he sat there for about 30 seconds with the gun trained on me while talking on his mike........then got into his car and sped off without a word to me.

 

I know it was probably a situation of they were looking for someone that met my car and description....but damn was that poorly handled.

Must have been the crappiest parking job, EVER.

[Chef Jim]

Hope he made a copy. Although I in no way condone doing 100 mph on the freeway a police officer HAS to identify himself....

 

Something similar happened a few years back a little bit different situation......I was cruizing along on my way to the local Walmart to pick up some eggs/milk/stuff.....I pull into the parking lot...pull into a parking spot....and proceeded to get out of my car....only to have a police officer who had been following me in a black and white pointing a 9 millimeter at me yelling at me to get back into my car...which I promptly did.

 

THen he sat there for about 30 seconds with the gun trained on me while talking on his mike........then got into his car and sped off without a word to me.

 

I know it was probably a situation of they were looking for someone that met my car and description....but damn was that poorly handled.

 

What if you and your car matched the descriptiong of someone had just been involved in a hit and run that resulted in a death? How would you like that to be handled?

[HereComesTheReignAgain]

Wow, if someone forced me off the road and hopped out of thier car reaching for a gun, I would be reaching for mine in response. If in fact he had no way of knowing that the person approaching him was a cop, that is an incredibly stupid move by the officer. I think a person would be within the law to respond with deadly force if an unidentified person raises his gun and points it at you.

[Fezmid]

What if you and your car matched the descriptiong of someone had just been involved in a hit and run that resulted in a death? How would you like that to be handled?

How about taking 30 seconds after the fact and say, "We're sorry for the inconvenience. Your car matched the description of someone that had just been involved in a hit and run that resulted in a death but we've confirmed that it wasnt' you?"

[Chef Jim]

How about taking 30 seconds after the fact and say, "We're sorry for the inconvenience. Your car matched the description of someone that had just been involved in a hit and run that resulted in a death but we've confirmed that it wasnt' you?"

 

Come on, grow some balls man. What if what he got in his earpiece was "you've got the wrong person, the suspect is a block away." They're not crossing guards. I was walking into a gas station many years ago. Two or three plain clothes cops cornered me (I saw the gun in one's holster under his jacket) they asked for ID. I was thinking for a split second "ok, what have I done recently to deserve this." The one looked at my ID and said wrong guy and they left without a word. No apology...big !@#$ing deal, I actually thought is was pretty cool.

[Fezmid]

Come on, grow some balls man. What if what he got in his earpiece was "you've got the wrong person, the suspect is a block away." They're not crossing guards. I was walking into a gas station many years ago. Two or three plain clothes cops cornered me (I saw the gun in one's holster under his jacket) they asked for ID. I was thinking for a split second "ok, what have I done recently to deserve this." The one looked at my ID and said wrong guy and they left without a word. No apology...big !@#$ing deal, I actually thought is was pretty cool.

 

So it's ok for cops to pull guns on innocent civilians without any warning and without any indication as to why it happened.

 

That's not really what I wanted to discuss in this thread though -- the more interesting portion of it (IMHO) is the fact that the government is charging him with a criminal offense (up to 5 years in prison) for simply recording the exchange. I don't think it's going to hold up, and I think the motorcyclist is going to get a nice payday from the police department when all is said and done, but I'm curious what other people think about that part.

[thebug]

So it's ok for cops to pull guns on innocent civilians without any warning and without any indication as to why it happened.

 

That's not really what I wanted to discuss in this thread though -- the more interesting portion of it (IMHO) is the fact that the government is charging him with a criminal offense (up to 5 years in prison) for simply recording the exchange. I don't think it's going to hold up, and I think the motorcyclist is going to get a nice payday from the police department when all is said and done, but I'm curious what other people think about that part.

 

 

 

Not sure about the laws there, but where I live I believe only one person in the "conversation" has to know it's being recorded in order to make it legal. Sounds like a BS charge to me. "Wire tap", really?

[HopsGuy]

Come on, grow some balls man. What if what he got in his earpiece was "you've got the wrong person, the suspect is a block away." They're not crossing guards. I was walking into a gas station many years ago. Two or three plain clothes cops cornered me (I saw the gun in one's holster under his jacket) they asked for ID. I was thinking for a split second "ok, what have I done recently to deserve this." The one looked at my ID and said wrong guy and they left without a word. No apology...big !@#$ing deal, I actually thought is was pretty cool.

 

I've heard of this. The cops have a bet on what your reaction will be (if you start shaking, crying, say a "magic word"). Loser buys lunch.

 

Pretty cool.

[Chef Jim]

I've heard of this. The cops have a bet on what your reaction will be (if you start shaking, crying, say a "magic word"). Loser buys lunch.

 

Pretty cool.

 

Now that's !@#$ing funny. No loser in my case. I casually took out my wallet to give them my ID and literally thinking "ok Jim, think, think real hard. What have you done recently to warrant this?" I actually came up with at least three things.

[Fezmid]

I actually came up with at least three things.

 

[Chef Jim]

 

And I was also thinking "how the !@#$ do they know about THAT??" It's amazing how fast your mind works.

[kegtapr]

3 points

 

1. Cops just need to start accepting the fact that anything they do in public can be recorded. If they are doing their job properly, they have nothing to worry about.

2. The cop in this video should have identified himself as he got out of the car with badge in hand. If that was me, the second I saw that gun I would have taken off like a bat out of hell. It's not my responsibility to assume he's a law officer.

3. The video would have been much better if the dumbass biker was run over by the bus. I hate those !@#$ers.

[Chef Jim]

3 points

 

1. Cops just need to start accepting the fact that anything they do in public can be recorded. If they are doing their job properly, they have nothing to worry about.

2. The cop in this video should have identified himself as he got out of the car with badge in hand. If that was me, the second I saw that gun I would have taken off like a bat out of hell. It's not my responsibility to assume he's a law officer.

3. The video would have been much better if the dumbass biker was run over by the bus. I hate those !@#$ers.

 

[Terry Tate]

Yes, by all means, get lawyered up, you jackass. Because you're clearly the victim here. I can only hope he kills himself on that bike before his driving results in injury or death to others.

[Fezmid]

Yes, by all means, get lawyered up, you jackass. Because you're clearly the victim here. I can only hope he kills himself on that bike before his driving results in injury or death to others.

 

Again, the point of the thread is NOT his driving. Yes, charge him with reckless driving, whatever.

 

Why is everyone ignoring the slippery slope of not allowing civilians to record law enforcement in a public place....?

[Booster4324]

Again, the point of the thread is NOT his driving. Yes, charge him with reckless driving, whatever.

 

Why is everyone ignoring the slippery slope of not allowing civilians to record law enforcement in a public place....?

 

Probably because the city government/cops are going to lose this one. At least, I presume they will. Count on me to be properly outraged if they win.

[Just Jack]

-- the more interesting portion of it (IMHO) is the fact that the government is charging him with a criminal offense (up to 5 years in prison) for simply recording the exchange. I don't think it's going to hold up, and I think the motorcyclist is going to get a nice payday from the police department when all is said and done, but I'm curious what other people think about that part.

Not sure about the laws there, but where I live I believe only one person in the "conversation" has to know it's being recorded in order to make it legal. Sounds like a BS charge to me. "Wire tap", really?

The CNN video Fez linked to in the original post they mention Maryland is a two party consent state, meaning both the biker and the cop need to consent to the recording. That's why he's being charged.

 

Here's the original

of the ride

 

At about the 3 minute mark you see him look behind him at the unmarked car. I myself, can't make out if the headlights are flashing or not though. But in the last couple seconds of the video as he's getting off the bike, you can see another cop car behind him, so it's apperent he was being followed by two cops, not just the one.

 

Was pulling the gun too much? Put me down as a "maybe". You've got a guy that even though he pulled over, he is still on a vehicle that can get through traffic alot easier than the cop cars, so the cops don't know if he might take off, or even why he was going so fast in the first place. Was he out having fun, or did he just rob a convience store with a weapon? They don't know until they can question and search him.

[Lurker]

Hard to see why the cop pulled his piece.

 

Other than one time

, the guy didn't appear to be driving that fast in much of the video, or doing anything wild as far as switching lanes. The cop seems to quickly reholster / hide the fact his gun was out when he sees the uniformed trooper pull up. Something seems odd about this...