Motorcyclist charged with videoing cop

[thebug]

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.

 

So Maryland doesn't have security cameras then? I would think the law would apply to places where one would have a reasonable expectation of privacy, not a public place?

[Just Jack]

So Maryland doesn't have security cameras then? I would think the law would apply to places where one would have a reasonable expectation of privacy, not a public place?

I don't know, I don't live in Maryland.

[BB27]

Maryland is a two party consent state, so, it is illegal to record someone without thier consent. Sorry, that is the law in Maryland, Massachusetts is the same.

 

As far as pulling his gun, I watched the video, and coming from the law enforcement side of things, I see absolutely nothing wrong with what he did.

[Booster4324]

Maryland is a two party consent state, so, it is illegal to record someone without thier consent. Sorry, that is the law in Maryland, Massachusetts is the same.

 

As far as pulling his gun, I watched the video, and coming from the law enforcement side of things, I see absolutely nothing wrong with what he did.

 

So cops can't record people with their dash board cam?

[Fezmid]

Maryland is a two party consent state, so, it is illegal to record someone without thier consent. Sorry, that is the law in Maryland, Massachusetts is the same.

 

But that generally applies only to PRIVATE conversations. For example, if you're on a telephone call with someone or if you're talking to someone in your own home.

 

When you're on the street, you have no expectation of privacy, and therefore (in most cases?) can be recorded. I'm more familiar with photography laws though -- for example, if you tell me to stop photographing you, I have no legal requirement to do so.

 

Check out this link:

http://legallad.quickanddirtytips.com/the-...versations.aspx

 

"By contrast, one court held that a private investigator who recorded a conversation while standing on a sidewalk outside a first-story apartment did not record any "private communication" because the conversation could be heard clearly from the public sidewalk through an open window. Another court held that a television station did not violate state law when it secretly recorded a conversation between an actor and a producer at an outdoor restaurant. The expectation of privacy analysis is very fact-specific."

 

So does the police officer, who is on a public street, have any right to tell you that you can't record them? They have no right to tell you not to PHOTOGRAPH them, but the question here is more about audio. I would say the government is overstepping their bounds by taking this guy's computers and threatening to send him to jail for 5 years, but we'll see what happens.

[BB27]

So cops can't record people with their dash board cam?

I think it only applies to audio. So video is fine, but audio is illegal.

[Fezmid]

I think it only applies to audio. So video is fine, but audio is illegal.

 

Cops record audio when you get pulled over as well...

[Just Jack]

Cops record audio when you get pulled over as well...

There's probably exemptions in the law, since if you get pulled over, you've obviously done something wrong. So how to aviod that situation? Don't do anything wrong.

[DC Tom]

There's probably exemptions in the law, since if you get pulled over, you've obviously done something wrong. So how to aviod that situation? Don't do anything wrong.

 

 

SO not true, as any black man who's ever driven a luxury car through DC can tell you...

[thebug]

If this guy is actually convicted of "wire tap" charges, I'll eat my hat.

[BB27]

Cops record audio when you get pulled over as well...

Only in certain states where 2 party consent is not required.

[Fezmid]

Only in certain states where 2 party consent is not required.

 

Link?

[John from Riverside]

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?

 

 

Chef

 

- They have a loud speaker....and i was slowly getting out of my car.....he could have told me to stay IN the car.....which i of course would have done

 

- He trains a gun at my head....then doesn't approach me at all and just leaves without explanation. When he realized it wasn't me he could have walked up and told me I was free to go. I wasn't looking for an apology.....but first he lets me get out of my car so I can accidentally be shot then leaves without a word.

 

- I know he has a job to do....but something about what happened seemed to be just wrong procedure wise.

[John from Riverside]

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.

 

Did he at any point during your encounter have a 9 mm pointed at your head? I really didn't want an apology....I was mad that he allowed me to get out of my car. There is just that point in a situation like that where I could have accidentally dont something like reach into my car for my id or something and got shot. It would have been totally my fault had it happened though just but he created the situation not me.

[ExiledInIllinois]

It is a power thing. The police have it and the people don't. Plain and simple. More people should get the balls and just rountinely video tape police doing their job. What is wrong with that. 360 degree evaluation. Now I don't condone what this guy did doing 100... But what is wrong with him taping the cop? If he'd asked... How do you think the cop would have reacted? Again, they have the power... The people do not. Sadly it is their playground.