Should videotaping the police be a crime?
 

What idiot would say yes? :idk:

By ADAM COHEN Adam Cohen 1 hr 10 mins ago
Anthony Graber, a Maryland Air National Guard staff sergeant, faces up to 16 years in prison. His crime? He videotaped his March encounter with a state trooper who pulled him over for speeding on a motorcycle. Then Graber put the video - which could put the officer in a bad light - up on YouTube.

It doesn't sound like much. But Graber is not the only person being slapped down by the long arm of the law for the simple act of videotaping the police in a public place. Prosecutors across the U.S. claim the videotaping violates wiretap laws - a stretch, to put it mildly.

These days, it's not hard to see why police are wary of being filmed. In 1991, the Los Angeles Police Department (LAPD) beating of Rodney King was captured on video by a private citizen. It was shown repeatedly on television and caused a national uproar. As a result, four LAPD officers were put on trial, and when they were not convicted, riots broke out, leaving more than 50 people dead and thousands injured (two officers were later convicted on federal civil rights charges). (See TIME's special: "15 Years After Rodney King.")

More recently, a New York Police Department officer was thrown off the force - and convicted of filing a false report - because of a video of his actions at a bicycle rally in Times Square. The officer can plainly be seen going up to a man on a bike and shoving him to the ground. The officer claimed the cyclist was trying to collide with him, and in the past, it might have been hard to disprove the police account. But this time there was an amateur video of the encounter - which quickly became an Internet sensation, viewed more than 3 million times on YouTube alone. (Read about the hidden side of the NYPD.)

In the Graber case, the trooper also apparently had reason to want to keep his actions off the Internet. He cut Graber off in an unmarked vehicle, approached Graber in plain clothes and yelled while brandishing a gun before identifying himself as a trooper. (Comment on this story.)

Back when King was beaten, it was unusual for bystanders to have video cameras. But today, everyone is a moviemaker. Lots of people carry video cameras in their pockets, on iPhones, BlackBerrys and even their MP3 players. They also have an easy distribution system: the Internet. A video can get millions of viewers worldwide if it goes viral, bouncing from blog to blog, e-mail to e-mail, and Facebook friend to Facebook friend. (See photos from inside Facebook's headquarters.)

No wonder, then, that civil rights groups have embraced amateur videos. Last year, the NAACP announced an initiative in which it encouraged ordinary citizens to tape police misconduct with their cell phones and send the videos to the group's website, www.naacp.org.

Law enforcement is fighting back. In the case of Graber - a young husband and father who had never been arrested - the police searched his residence and seized computers. Graber spent 26 hours in jail even before facing the wiretapping charges that could conceivably put him away for 16 years. (It is hard to believe he will actually get anything like that, however. One point on his side: the Maryland attorney general's office recently gave its opinion that a court would likely find that the wiretap law does not apply to traffic stops.)

Last year, Sharron Tasha Ford was arrested in Florida for videotaping an encounter between the police and her son on a public sidewalk. She was never prosecuted, but in June, the American Civil Liberties Union (ACLU) of Florida sued the city of Boynton Beach on her behalf, claiming false arrest and violation of her First Amendment rights.

The legal argument prosecutors rely on in police video cases is thin. They say the audio aspect of the videos violates wiretap laws because, in some states, both parties to a conversation must consent to having a private conversation recorded. The hole in their argument is the word "private." A police officer arresting or questioning someone on a highway or street is not having a private conversation. He is engaging in a public act.

Even if these cases do not hold up in court, the police can do a lot of damage just by threatening to arrest and prosecute people. "We see a fair amount of intimidation - police saying, 'You can't do that. It's illegal,'" says Christopher Calabrese, a lawyer with the ACLU's Washington office. It discourages people from filming, he says, even when they have the right to film.

Ford was not deterred. According to her account, even when the police threatened her with arrest, she refused to turn off her video camera, telling her son not to worry because "it's all on video" and "let them be who they continue to be."

The police then grabbed her, she said, took her camera and drove her off to the police station for booking.

Most people are not so game for a fight with the police. They just stop filming. These are the cases no one finds out about, in which there is no arrest or prosecution, but the public's freedoms have nevertheless been eroded.

Ford was right to insist on her right to videotape police actions that occur in public, and others should too. If the police are doing their jobs properly, they should have nothing to worry about.

Cohen, a lawyer, is a former TIME writer and a former member of the New York Times editorial board

ACLU heeds to get a piece of this.

This is a fucking human rights issue.

I can see in the case of a plain clothes or possible under cover officer having his face exposed but a regular plain clothes cop, I cant see what the problem is.

The problem is that his vagina was exposed.

No it shouldn't be a crime imho. The guy in that Maryland case isn't in trouble so much for the videotaping...it's the fact that he posted it on youtube that screwed him.

Cops should be videotaped 100% of the time, and the videos screened by civilian review boards.

They can't have it both ways... if that's the case, and we cannot tape them, they must cease using their dashboard cameras.

I'm usually in here defending police actions because of a lack of evidence and whatnot, but this is utterly ridiculous. The fact that the police would even pursue this course of action completely flabbergasts me.

I'm not flabbergasted, nor surprised in the least. Why would you be?

Most cops are cops simply because they wanna be bullies, free to operate with impunity.

This cop got mad because his ability to be a bully was compromised by having a big spotlight shone on it.

I cant believe this has gone so far either. While the guy wasnt obeying the law, neither was the officer. In plain cloths, endangering the life of the person he's pulling over and waving a gun with no provocation?! Really??!!

I hope this guy has great representation, someone needs to step up for him. I'm also surprised that the military hasnt appointed someone from the Legal Office for this guy. Max he should have gotten a ticket for breaking the law, which isnt arguable, but everything else? It's like a bad movie.

I'm pretty sure that here in Georgia you don't have to stop for an unmarked police car (just a marked one). I would say you have to get out of the way but I found out today that in GA, you do not have to yeild to an emergency vehicle. Only law regarding that is if an emergency vehicle is pulled off of the shoulder and you have another lane to go into, then you have to move into that lane.

The government has no right to tell you that you can't video tape someone in public. That doesn't mean I don't enjoy watching some of these people who are video taping just to cause trouble get the shit beat out of them.

Videotaping cops should not be a crime. I often hear that a cop's job is different, more important, more dangerous, more heroic, etc. than other jobs to justify being held to a different standard. That is fine but don't be surprised if that different standard comes back to bite you.:shrug:

you'll love this one. http://www.michaelbell.info/ cops killed this young man and called it justified. he may not be an angel but did he deserve to die. I believe this story 100% because my son came home one night after getting a serious traffic citation. white as a ghost he told me about the cop flinging him on the ground and putting his gun to his head for nothing.
the only difference between this young man and my son is this cop pulled the trigger and the jack who stopped my son didn't. cops love to bully those who they think are defenseless. young kids poor folks etc. it's time to make them answer for their actions.

Throw "While on duty" in that quote and I agree 100%.

While I thought that was implicit, can we possibly get an exemption for the [admittedly rare] cute female cop? I have this female cop pee fetish that would possibly benefit (not really, but it sounds kinky).

My thoughts exactly. If it's a two party state, then the cops should not be allowed to use their dashboard cameras.

But laws don't apply to cops, dontcha know...

This is now the #1 most emailed story on Time magazine's site:

http://www.time.com/time/nation/arti...008566,00.html

I guess the police would have to remove thier precious dash cams then, since they would have to get consent from the people they are pulling over before turning them on.

Exactly. Right to privacy doesn't exist in a public setting, but your private life should be able to remain private. That applies to civilians, police, and even celebrities.

This was recorded during the G-20 Summit, in Toronto.

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

"This isnt Canada, this is G20!'

'There is no civil rights here'

Fucking wow. Unbelievable. Those cops should all be fired.

They probably don't have much to worry about. If you check their shoulder patches you'll see that they were on loan from York Regional Police, not members of Toronto Police Services.

*EDIT* There was a 800 person strong class action suit filed against Toronto Police Services and the Attorney General of Canada.

http://www.theglobeandmail.com/news/...rticle1664432/

Expect it to keep getting worse.

Only because we as a society allow it to become worse.

Yea I know why. :lol:

Because everyone is too busy voting for the new American Idol, and not the new American leaders.

Well, if they're not doing anything wrong then they don't have anything to worry about, do they?

Thanks for that. Perfect.

I almost said that at least 3 times in this thread already.

The irony is just delicious.

:lol:

Unfortunately the bitch of it is that it will remain plenty legal for the pigs to record us while recording cops will continue to be more and more prohibited.

So yea, its ironic....but doesn't taste all that delicious to me.

I worked for nuclear security and carried around a gun or two everyday at work. I never felt the need to act high and mighty because I had the irons on my side. It was just a job, the only attitude I gave was when I got one first, and I usually tried to return said attitude with kindness first. Made getting my way easier.
However, I did know of some of my co-workers who thought that it gave them the right to be total cocks. Most of these guys were those trying to land jobs as police or troopers of some kind. When I asked them why they acted like "Billy Bad-ass" they always said that something to the point that people are nothing but sheep that takes a wolf to keep them in line. This actually made my skin crawl. These are the kinds of people that "Want" to become police officers. Why the hell do I want people like that trying to take care of me or possibly be pulling me over for some civil infraction?
Its a damn shame that people let a simple piece of plastic and steel that can dispense fiery justice, or in-justice depending on the case, turn them into a raging ASSHOLE.
If some tapes the guy doing a traffic stop there shouldn't be problem with that. There is only one reason that there would be a problem with it, is if they jackass was doing something wrong. Now, feel that everyone is entitled to a bad day on the job, but if that bad day dictates how you could possibly perform your job that endangers some else then, take the damn day off, or ask the good Lord above for some strength and self-control.

Pure bullshit. Never give cops more power....never.

http://www.nytimes.com/2010/08/09/ny...hoot.html?_r=1

50 shots fired at a block party, almost all (or all of them) of them by police, and the guy who police said was the shooter may not have had a gun in the first place? There is cell phone video and I'm waiting to hear what the results of it are

I don't know if any of our guys are dicks. I think they are told not to mess with us though.

Because you guys are the nerds they stuffed in lockers in high school. :lol:

Interesting story I heard this weekend. Riding buddy here was ticketed last weekend, cop pulled over the group, 2 of them stopped, the rest didnt, and as the officer was talking to them he was letting them go, until one of the others came riding by with a video camera. Cop told them, "well, I was going to let you go, but now you can thank your buddy for the tickets".

That and god knows how many multiples of a security guards salary it takes to replace and train one of us vs one of them.

Well, ya'll always knew you'd get your revenge. :lol:

See, even the nicer Cops are fucking pricks at their core.

Update: http://weblogs.baltimoresun.com/news...ping_case.html

:rockwoot: Glad to see it.

Too bad he couldnt get the other charges dropped too.

Seems like he could after all of the crap they put him and his family through by storming their home and taking stuff.

its a recession guess the county still wants his money :td:

So where's his multi-million dollar wrongful prosecution and harrassment suit? I hope he bankrupts those corrupt bastards.

That only seems to happen in NYC, its the ghetto lottery.

Nice!