MD court throws out charges against motorcyclist that recorded traffic stop

[drebo]

It ought to be legal to record any public official while they are doing their public duties in public. Everyone knows this.

Write to your assemblymen/state senators and tell them that.

I would tend to agree with you, as far as "keeping them honest" goes. However, there is nothing stopping a state from making such a law.

 

[Elias824]

Wait cops can do things they are not supposed to? since when?

 

[nobodyknows]

It's this bit right here:



That's pretty standard fare as far as wiretap laws go. There are, however, states which have laws that specifically prohibit the videotaping of policemen. New York comes to mind, here. Maryland doesn't have one, according to the judge's decision.

If I have a videocamera and am in a public place I ought to be able to videotape anything I can see. To restrict that right seems to be an infringment on my constitutional right to the pursuit of happiness.

The pasage of these types of laws should be unconstitutional in the first place. It's like saying you can't keep track of what your public officials are doing in public and that's just totally bogus and shouldn't be tolerated.

 

[BrunoPuntzJones]

If I have a videocamera and am in a public place I ought to be able to videotape anything I can see. To restrict that right seems to be an infringment on my constitutional right to the pursuit of happiness.

The pasage of these types of laws should be unconstitutional in the first place. It's like saying you can't keep track of what your public officials are doing in public and that's just totally bogus and shouldn't be tolerated.

 

[ichy]

this sets a precedent that can be used across the states, right?

No. This was a ruling by a Maryland judge, so it certainly doesn't apply to other states. In fact it doesn't even apply across Maryland since one Circuit Court judge's opinion doesn't bind other Circuit Court judges. If this case were appealed to the Court of Special Appeals (MD's intermediate level appellate court) or the Maryland Court of Appeals and they ruled in the motorist's favor then yeah, you'd have binding precedent. Hopefully cops and prosecutors will stop trying to go after people for this kind of crap though without requiring a ruling from on high.

 

[nobodyknows]

What's confusing?

If I choose to set up a vidoe camera pointing out my front window and tape what's going on out in the public street I'm free to do so, unless a police officer happens to drive by?

He's a public servant, doing public service for whoich my taxes are paying for and they think they can pass a law that prevents me from taping a police officer in public? Now that's what's confusing??

 

[StageLeft]

Wow we arent biased. I hope some nice man rapes your family and kills you while the cops stuff their faces. Fucking assclown.
You have a PM. -Admin DrPizza

There are pills that can help take the pain away, tinker.

---

FWIW I don't think all cops are pigs but I thought the guy who came out of an unmarked car and pulled a pistol on a guy exhibiting no desire to act in a violent way is a pig.

 

[BoberFett]

Wow we arent biased. I hope some nice man rapes your family and kills you while the cops stuff their faces. Fucking assclown.

Isn't that pretty much the job description? How often do cops actually stop crimes compared to just showing up later and taking down statements?

And I'm talking about real crimes, not speeding and pot smoking.

 

[Mursilis]

Federal mandate should come down saying any cop acting in his capacity in public should always expect, and accept, to be filmed or taped. Always.

While I agree with the outcome in this case, I have a problem with the "always" in this statement. I can think of a few very narrowly-defined circumstances, such as undercover work, where taping a police officer should be banned. But performing a traffic stop? That's fine to tape.

 

[BrunoPuntzJones]

What's confusing?

If I choose to set up a vidoe camera pointing out my front window and tape what's going on out in the public street I'm free to do so, unless a police officer happens to drive by?

He's a public servant, doing public service for whoich my taxes are paying for and they think they can pass a law that prevents me from taping a police officer in public? Now that's what's confusing??

Didn't know there was a constitutional right to the pursuit of happiness

(Declaration of Independence btw)

 

[shira]

Yeah, it sets a good precedent (at least in MD) that you will likely prevail, but it's going to cost you a ton in legal fees and the message is still crystal clear: don't do it, even if you're well within your rights to.

I disagree. This ruling makes it much safer to record on-duty cops. Any Maryland prosecutor who continues to file charges in such cases could find him- or herself sued for abuse of their position.

 

[woolfe9999]

I like this result.

For anyone wanting to understand the legalities, Drebo's explanation is quite sound and correct.

- wolf

 

[StageLeft]

While I agree with the outcome in this case, I have a problem with the "always" in this statement. I can think of a few very narrowly-defined circumstances, such as undercover work, where taping a police officer should be banned. But performing a traffic stop? That's fine to tape.

Agree, "almost always" Frankly, anything along the lines of the encounters I've read about should be up for public videotaping.