In a decision that could make it easier for citizens to record police officers in Maryland, a Harford County judge ruled Monday that state police and prosecutors were wrong to arrest and charge a man for taping his own traffic stop and posting it on the Internet.
Anthony Graber, a staff sergeant for the MD Air National Guard, shown being arrested in the video below, had a helmet-mounted video camera with which he was recording his ride when he was pulled over by a Maryland State Trooper. The trooper, who had been in an unmarked car, somehow felt the need to have his gun drawn when stopping this motorcyclist. Graber was issued a speeding ticket. He then posted the video of his arrest on YouTube, and was subsequently charged with four felonies, including violating Maryland's wiretap law.
the link to this youtube vid is here.
Graber, who had faced a possible sixteen-year sentence in this case, was relieved at the decision:
"This is one of the best days in my life that I've ever had," Graber said Monday evening. "It's such a huge relief, I can't even explain." The judge left intact only traffic violations that include speeding and reckless and negligent driving.
The case was watched closely by those concerned with privacy issues. From the YouTube above:
Last week Democratic Congressman Edolphus Towns of New York introduced a non-binding resolution calling for the protection of citizens who videotape cops in public from getting arrested on state wiretapping charges.
The controlling issue was whether the public official had any expectation of privacy while carrying out his official duties in public, and Judge Plitt found that the trooper had no reason to expect any privacy in this situation, as the encounter "took place on a public highway in full view of the public."
"Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public," Plitt wrote. "When we exercise that power in a public forum, we should not expect our activity to be shielded from public scrutiny."
The decision is applauded as a victory for common sense and citizens' rights.
This situation is not to be confused with the type of scene found below, where the issue is intra-departmental.
update: rec list?? you've got to be kidding me! wow. thanks.