This is messed up...

[Diluted]

I got this link from O-turn

Traffic Stop Video May Send Man To Jail - wjz.com

Guess the moral of the story is make sure you turn your camera off before you pull over to the side of the road...wtf

Check your local laws, etc...to make sure this wont be you.

 

[dart1963]

No, by all means continue to record, just when he pulls you over, let him know you are recording the incident and he has the right to remain silent if he wants to!

The issue here was the biker didn't tell the officer he was being recorded and worse, lied about it when questioned.

Don't police cars record audio? Think I've seen a few cops videos and heard gunshots used in court. Did they get permission to record audio? guess we'll let the lawyers do there job.

 

[Diluted]

No, by all means continue to record, just when he pulls you over, let him know you are recording the incident and he has the right to remain silent if he wants to!

The issue here was the biker didn't tell the officer he was being recorded and worse, lied about it when questioned.

Don't police cars record audio? Think I've seen a few cops videos and heard gunshots used in court. Did they get permission to record audio? guess we'll let the lawyers do there job.

Well the issue was that permission wasn't granted so I'd guess that him saying "Hey my camera is on and you're being recorded" doesn't mean the officer is giving consent.

I wouldn't say he was lying, he turned the camera off after he was allowed to do so. The thing that runs through my mind in regards to that is the other video that was posted here with the guy being shot. He could've reached up and turned it off and potentially been shot, I mean that cop got out of the car guns blazin'.

Exactly, it's no different than the government wire-tapping a phone. Government > Law?

 

[dart1963]

"The trooper asked this individual if he was being recorded. He said no. We find that not to be true. "

was in the article, I think this is where they are going after him.

At what point can you safely turn off the video (i.e. I asked for permission and he said no, so now I'll turn it off. I know when I get phone calls they have to record you giving permission so I'm not sure where that line is drawn)?

I haven't seen it, did he turn it off immediately after pulling over before the cop asked him if it was being recorded? Not a whole lot in the article (typical "news grabbing headline" type).

 

[Diluted]

He wasn't given the opportunity to turn it off before the officer stepped out of the car...it's definitely a damned if you do, damned if you don't situation.

He turned it off after the officer got out of the car telling him to get off the bike. There's a video on there, you're probably at work, so it's more than likely blocked (YouTube).

Edit: I don't hear anything in the short clip they showed where the officer asked if he was being recorded. I don't know if the original video is still posted, I'll look for it when I get home.

 

[dart1963]

Yeah, I'm gonna look into this one as well. We were just talking about recoding some video of us riding and we're in MD some.


$#%$#% IT people blocking youtube.... oh, wait, that's me. double $%$%$@#

 

[99vengeur]

This whole situation has me angry. First off, I am unhappy by the manner in which he was pulled over. A plain clothes cop in his personal vehicle. :rant: Not cool. That could have just as easily been some psychopath wanting some vigilante justice against the biker. Never safe to pull over for a "normal" vehicle.

Second, why the hell was his sidearm drawn?? Did he ever present any identification to the biker before grabbing his windshield? I wouldn't believe a man that just jumped out of a car in a hoodie with a gun drawn to be an officer just because he said so.

Third, does every officer in that state ask you for permission to be recorded when they pull you over? :surrender: I have never been asked permission to be recorded, but I know that a dash cam is sure as hell running.

Fourth, so if a person is out riding, capturing the fun on cam and someone next to them says. "Hey, nice bike!" Do you then have to ask their permission for it to be recorded?

This whole situation is a giant cluster f*ck. I feel for the guy.

 

[Diluted]

That's where I'm at on this too, 99. He had no way of knowing that guy was a cop. Also, how many people would know that there's a law regarding that? I certainly didn't, I never even thought it would be a problem. Now I could do a meetup with someone here in MD, record a ride and get thrown in jail (not that anyone here would do that, I'm just saying).

Lol Dart, I'm IT..and I gave myself total access to everything

 

[dart1963]

Maryland Police Confiscate Biker's Computers After He Catches Questionable Activity On Helmet Cam | Techdirt

another site, with links to youtube.

and yet another link from that page: http://www.popehat.com/2010/04/14/embarrass-a-cop-in-maryland-thatll-be-five-years-in-jail/

:spank: Diluted, we are not above the IT policies.... rofl

 

[Diluted]

:spank: Diluted, we are not above the IT policies.... rofl

lol, well, I help monitor web access for other people. So I need to be able to see what it is they're trying to get to. It has work related purpose, I swear!

 

[JonKerr]

I saw the original video and the thing that doesn't get shown in the short clip is that he was running from a marked patrol car who was chasing him for doing speeds of 100+ in traffic. So yes, the rider deserved to be apprehended for reckless endangerment. The off duty cop heard on the radio that a motorcycle was coming and being chased and jumped into action. No I don't think he should have pulled his gun and and if I got pulled over like that by an unmarked car and saw the driver pull a gun I'd freak out. Yes I think it's BS that they're using the video as a reason to lock him up. But I do think he deserves a very stiff penalty for causing the whole situation by riding the way so many people think all of us on sportbikes ride. :spank: I think that's the one thing that people aren't thinking about is if he hadn't been riding like a complete idiot and endangering a lot of peoples lives, none of this would have happened. There's major fault on both sides.

 

[99vengeur]

I saw the original video and the thing that doesn't get shown in the short clip is that he was running from a marked patrol car who was chasing him for doing speeds of 100+ in traffic. So yes, the rider deserved to be apprehended for reckless endangerment. The off duty cop heard on the radio that a motorcycle was coming and being chased and jumped into action. No I don't think he should have pulled his gun and and if I got pulled over like that by an unmarked car and saw the driver pull a gun I'd freak out. Yes I think it's BS that they're using the video as a reason to lock him up. But I do think he deserves a very stiff penalty for causing the whole situation by riding the way so many people think all of us on sportbikes ride. :spank: I think that's the one thing that people aren't thinking about is if he hadn't been riding like a complete idiot and endangering a lot of peoples lives, none of this would have happened. There's major fault on both sides.

Right. I'm not discounting the initiating factors here. I'm just peeved by the process that was undertook concerning the off duty officer and the video.

I guess if he wasn't riding like a douche, then he could have posted the video of his ride and no one would have been the wiser. :banghead:

 

[Roaddawg]

I agree with you two, Jonkerr and 99 on many factors. Like many 'stories' you hear, you never get the WHOLE story. And, the media is terrible at not including ALL the facts, only what makes it sound good. In that video, did you also see where he pulled a wheelie in the slow lane along side the bus ,in addition to his running? There's more to his 'little innocent' story, I'm sure. BUT, I think what the officer did was completely stupid as well. Since Jon stated the biker was running from the marked unit, a police officer might drawn his weapon since it is a high-risk stop (sudo pursuit?!?), but this Officer wasn't in uniform or identifiable as a cop. If it was happening to me, I would have taken off, ran him over, or worst, drawn down on him too!! (of course I wouldn't be riding like this douche) This officer had absolutely no identification (lights, badge, uniform...nothing) to identify him as a cop. Very stupid on his part...terrible officer safety. Why he couldn't have waited for the marked unit (1 second behind him) to make the stop and THEN be the good witness to the ticket......gets me! :don'tknow:

As far as the video/audio....(I'll just speak for CA), you can record in public (for the most part...NO up-skirts, public bathrooms, etc...) because there is no "expectation of privacy", in public. So, feel safe to record your rides on the public roads. The problem is recording 'secretly' or in an area that someone would feel to be considered 'private', like on a telephone or at home...

I think were this guy went wrong (and how Maryland State police is trying to stretch it) is that when asked if he was (or had) been recording, he said "no". NOW, he made that video/audio "surreptitious", or secretly....now violating Maryland law. That's how it looks to me. I don't think this will stand up in court, though. Maybe we'll see some case law stem from it.

Like to point out that MAY is Motorcycle Awareness month....let's ride smart and safe. I don't know about the rest of the US, be here in California this month, they are putting up on the message boards again, "Look twice for motorcyclist"....let them cagers see you!!!

 

[dart1963]

now having seen the whole video, think that could have gone really bad had the biker been carrying. The "cop" came out of the unmarked car with his hand on his gun, no badge, nothing... that could have turned really bad really fast for all involved. And from the looks of it, the other marked car cop was right there, there was no need for this guy to jump out at all.

And I think it was at about 1:09 in the long version that you see the trooper on the left in the median, at that particular time, the biker was pacing the primered car, he wasn't popping wheelies, nothing... not sure what/why the cop went after him, just too hard to see. It'd be interesting to see the whole thing with sound, to see if/when the cop put on his siren.

Like I said, I'll definitely follow this case, I do ride in MD and we have guys with camera's/ camcorders. But, I believe it will get thrown out.
This case just sounds like the cops had next to nothing on this guy and drummed out some irrelevant law that could give jail time.

 

[JonKerr]

The full length one I saw when it first came out was probably 2 or 3 minutes long. You see him flying between cars, look back at the marked car chasing him, and riding just like those guys you see on TV every now and then being chased by the cops and a helicopter in a high speed chase. Had this chase lasted longer it may have ended up being one of those you see on TV. I'm not defending the cop for pulling his gun on the rider. I think he should have pulled in front like he did but stay in the car so the uniformed officer 10 seconds behind could get out and make the arrest.

 

[Spunky99]

It all boils down to Maryland State law.

I just don't understand how they can have a law against any audio taping without permission even when that taping occurred in public.
In CA there is no expectation of privacy when in public view and that goes for video as well as audio.
Sounds like they have taken the concept of a Man's castle and extended that to the great outdoors....outside his castle.....

big stretch but what if you are say Elk hunting and video taping and another Hunter comes by and says Hi and you exchange a few tips and he walks off and sees the video later on Youtube. You could be guilty of the same thing.

 

[Diluted]

big stretch but what if you are say Elk hunting and video taping and another Hunter comes by and says Hi and you exchange a few tips and he walks off and sees the video later on Youtube. You could be guilty of the same thing.

I was thinking the same thing...

I don't condone the drivers actions, but pulling a gun like that with no ID...it's been said a lot already in this thread, no need to repeat

 

[zig308]

And my wife wonders why I never like to cross back over the river since we moved to VA...

I agree to nail the guy on reckless driving, but recording audio in public?? This could put any MD YouTuber in jail for making a video in public. I think this law was originally meant to cover telephone calls, but enforcing it on a public highway is a bit of a stretch.

As I've said on another forum that I frequent... Make sure you show up to jury duty when you get your summons.

 

[arkkornkid]

I agree with the argument about being pulled over by an unmarked car and not knowing whether it was a real cop and all..... but as we get more info we see that he was being chased by the cops, so I highly doubt that he didn't know that the guy was a cop.
So in this case he was in the wrong.

But, laws concerning people being recorded: those vary from state to state. Many states say that only one party has to be aware of the recording (at least audio, not sure about video), others say the second party must be told that they are being recorded.

 

[dart1963]

this is going to drag on

WUSA9.com | Washington, DC | UPDATE: New Case Comes to Light as ACLU Preps Defense of Man Who Taped Police

Now, they are allowed to confiscate your phone if it looks like you are video taping them.... WTF is wrong with MD police? This POLICE STATE BS has got to stop some time... hopefully the courts will get it straightened out before someone gets beaten, oh wait, that's already happened too.:rant:

"According to Southern Maryland News, Yvonne Nicole Shaw, 27, was arrested Saturday at Colony Square in Lexington Park after recording an encounter with officers who had been called for a noise complaint.

The website reported that Sheriff's Cpl. Patrick Handy wrote in a statement of probable cause that he was talking to people in the neighborhood when he and another deputy spotted Shaw standing about 12 feet away and holding her cell phone "in a manner suggesting she was recording our activity."

Handy seized the cell phone. "