Motorcyclist Charged for Recording

[Papa_Complex]

I just checked the Maryland statute that he's charged under. It specifies "The wilful interception, use, or disclosure of a protected communication..." Under that specification he might have to worry about the disclosure aspect, as he posted it publicly. Here's an interesting little document that was issued in 2000 though:

http://www.oag.state.md.us/Opinions/2000/85oag225.pdf

[pauldun170]

Originally Posted by Papa_Complex

I just checked the Maryland statute that he's charged under. It specifies "The wilful interception, use, or disclosure of a protected communication..." Under that specification he might have to worry about the disclosure aspect, as he posted it publicly. Here's an interesting little document that was issued in 2000 though:

http://www.oag.state.md.us/Opinions/2000/85oag225.pdf

I cannot consider his interaction with the police officer in the video as protected communication.

[Papa_Complex]

Originally Posted by pauldun170

I cannot consider his interaction with the police officer in the video as protected communication.

Despite what you may or may not feel, the courts might find differently. This is especially the case when a police officer is involved.

[pauldun170]

Originally Posted by Papa_Complex

Despite what you may or may not feel, the courts might find differently. This is especially the case when a police officer is involved.

Screw that touchy feely crap,
Legally I can't find any indication that the interaction qualifies, either through Maryland code or precedent.

At the very least, if cruiser behind them (the one that allegedly pulled up behind them) captured the same events and that is not considered protected communication then why would the individual recording the same event be threatened with man rape?

Protected or priveledged communications usually fall under areas where a person may reasonably expect to be safe from unauthorized surveillance.

Malpas v. Maryland, 695 A.2d 588
Benford v. American Broadcasting Co., 649 F. Supp. 9



What these asshole are doing is trying to scare the guy by throwing wiretapping laws around.
Typical of stupid entitlement driven authority figures who get caught being assholes.

[OneSickPsycho]

This is a great 'abuse of power' news story... I wonder why nobody has picked it up...

[Kaneman]

Originally Posted by OneSickPsycho

This is a great 'abuse of power' news story... I wonder why nobody has picked it up...

Getting out of the car with his weapon drawn while issuing commands is one thing...that's just a bad cop...hell, those are a dime a dozen.

But getting a judge to sign a search warrant and raiding this guy's parent's home? I mean, physically entering their home under threat of jail or death and rummaging through your things....then seizing (see: stealing) the computers...

That just blows my mind.

[Avatard]

Originally Posted by Kaneman

Getting out of the car with his weapon drawn while issuing commands is one thing...that's just a bad cop...hell, those are a dime a dozen.

But getting a judge to sign a search warrant and raiding this guy's parent's home? I mean, physically entering their home under threat of jail or death and rummaging through your things....then seizing (see: stealing) the computers...

That just blows my mind.

Dontcha know? Latest fashion. Search you, confiscate what they want, and if they find anything they want to fuck you for, they retroactively justify it as probable cause, and shred the Constitution. Happens every day. Just another day at the cop shop.

*Most frequent cause of this unwarranted search is the "DWB" stop.

[Kaneman]

Originally Posted by Avatard

Dontcha know? Latest fashion. Search you, confiscate what they want, and if they find anything they want to fuck you for, they retroactively justify it as probable cause, and shred the Constitution. Happens every day. Just another day at the cop shop.

*Most frequent cause of this unwarranted search is the "DWB" stop.

Sure, sure...that's all day to day business. Hell, its even happened to me before and I'm just an innocent ol' white boy.

But this seems to be of a bit different flavor than the usual "Constitutional Shredding" in that after the initial dickmove they got a search warrant and served it at this guy's home, his parent's home actually.

That's different...

[Sean]

Originally Posted by OneSickPsycho

This is a great 'abuse of power' news story... I wonder why nobody has picked it up...

Cuz it's an evil sportbiker, and "you know how those guys are, he was probably going 350mph on half a wheel in rush hour traffic." It's infuriating.

[Particle Man]

Originally Posted by Sean

Cuz it's an evil sportbiker, and "you know how those guys are, he was probably going 350mph on half a wheel in rush hour traffic." It's infuriating.

exactly. Think of the children!