Your thoughts?

[rexr 0]

Motorcyclist charged for recording a police officer during a stop. Watch the video and voice your thoughts.

http://www.windsofchange.net/archives/so_a...ulls_a_gun.html

[zee 0]

--deleted --

[Spaugh 1]

don't pop wheelies on the freeway?

[Strega 0]

The camera is EASILY visible, this is a joke...

The officer should have identified himself immediately, being that he was in plain clothes. That's a good way to get yourself shot. If someone pulls a gun on me, and I have a gun myself, I'm not gonna wait 5 seconds for the guy to identify himself as a peace officer. He should have had badge in hand when he exited the vehicle for his own safety. He had VERY good reason to stop the idiot rider, but he really didn't do himself any favors by just pulling the gun immediately. Why did he need to pull the gun in the first place?? He wasn't apprehending a murder suspect, bank robber, etc. All the guy did was act like an asshat on his motorcycle.

The rider should be cited for multiple infractions.... exhibition of speed, the wheelie, etc. But the felony count of video taping?? Come on now...

Idiot rider, not the best decision by the officer. Just my $0.02.

[rexr 0]

I agree Strega.. The guy on the bike is obviously a tool and the officer did not act in the appropriate manner..

However the issue that I concerns me here is the part about the biker being charged for having and using a helmet camera to record the officer.

[bikeslut 1]

"backing up his bike created a brief moment of fear"?

whatever!

Look... the guy was riding like a tool... pure and simple

I'm no authority on law enforcement (other than several incarcerations) but if the guy had said "State Police" right off the bat, it would've sat a little better

that being said, the cop could've saved somebody's life by stopping the tool

[bikeslut 1]

I THINK the felony is from posting it, right? Or was it to STOP him from posting it?

undercover cop, with his face on you tube? I can see a concern with that...

as far as the video of an undercover cop... camera is on the guys head... the cop got out of his car and walked right up to it...duh... every scofflaw knows you should cover your face in front of the camera

I have asked to take pictures of border patrol before, and they always say NO, which I respect... the Ranger at Vista del Malpais allowed it which surprised me... especially considering who she was photographed WITH

this is weird... I actually have a very small issue with the cop in this case... I have a bigger issue with the rider.

The "aftermath" I'm not sure I'm clear about... what was the offense... haveing a camera rolling when stopped, or posting it for all to see?

[Strega 0]

What I don't understand, is the fact that it's in public. It isn't being recorded in private.

That's still illegal?

[SteelRain 0]

I THINK the felony is from posting it, right? Or was it to STOP him from posting it?

undercover cop, with his face on you tube? I can see a concern with that...

as far as the video of an undercover cop... camera is on the guys head... the cop got out of his car and walked right up to it...duh... every scofflaw knows you should cover your face in front of the camera

I have asked to take pictures of border patrol before, and they always say NO, which I respect... the Ranger at Vista del Malpais allowed it which surprised me... especially considering who she was photographed WITH

this is weird... I actually have a very small issue with the cop in this case... I have a bigger issue with the rider.

The "aftermath" I'm not sure I'm clear about... what was the offense... haveing a camera rolling when stopped, or posting it for all to see?

I wear a helmet cam. It has saved me from a ticket and proved my innocence in a collision. The recording charge is BS... and has me worried, I was pulled over this morning by a bike cop (just a check if the DL, another BMW was being an idiot this morning and I was right next to him at the time) I have the whole thing captured.

The rider makes us all look bad.

[SCHWINN 0]

Someone steps out of a Prius with a gun in front of me I will run him over just for driving a prius.

[bikeslut 1]

Prius owners are not gun owners... you're confusing your demographics

[ARGMISTER 0]

1st thought: Are the police pissed that there is a video of a undercover cop#1 and #2 being to aggressive?(like not identifying himself and pulling a gun) but the filming charge is bogus, what if a bystander filmed it? would he be charged to?

[xxxinsd 0]

can i wear a shirt that says turn off your mic and dash camera, your invading my privacy?

Why is it the po po can police me with a camera but we dont have the right to police them?

make guns criminal and only criminals will have guns. and we will have no budget for the police to protect us from said criminal.

guns done kill people people kill people!

gun control means using both hands!

insert other N.R.A rederict here!

f.y.i. i beleive in protecting the u.c. officers identity but he should have shown his badge. in texas this could have gone way wrong.

why didnt the marked car pull him over. lights siren?. he didnt have time to turn off camera.

bad judgement on all parties.

[TrophyHunter 15]

We've all seen enough episodes of "Cops" and youtube videos to know there's no such thing as a "Routine" traffic stop. Oddly, bank robbers, etc., don't wear shirts that say "Bank Robber".

This whole thing is a mess. WTF would any plain clothes officer (not necessarily UC) pull this manuever....over some reckless driving? Should have identified himself immediately and kept the gun holstered. He's obviously badge heavy but then it goes back to another discussion had here....if LE knows and does nothing and rider kills someone.....and on and on....

It appears he radio'd a marked unit which is why one was there right at the incident. The bike was stopped, so why not just cut it off knowing a marked unit is coming up behind it. Just prevent other possiblities. OR, wait for the unit, lights on, then the rider takes off...pursuit, liability, possible dead people, etc.

Toss a coin.

Recording. Falls under the wiretapping laws. In this case, in these circumstances...absolute BS. Posting it...go for it. Perfect logic as mentioned...if it was a bystander filming...no problem. Not what the law was meant for.

Fear. I'm not gonna tell anyone what to fear. Let's say the bike was backing up to put some distance 'tween him and the cop, wheelies a 400 lb bike into him, possibly ending his career or life. Seen stranger things happen.

And if cops can't record the public (primarily installed to record EVERYONE'S actions) there'd be the same unfounded complaints, valid complaints but no proof of officer abuse, and no proof of criminal activity during the stop like when cops get shot and killed. And while buying drugs UC, maybe a disclaimer "I'd like some rock cocaine please, but before I do, I hafta tell you I'm wearing a camera that looks like a button (point to button)" "uh, where ya goin'?"

Oh yeah, keep the speed and your front wheel down.

[rexr 0]

I for one have no issues with camera's in public places on either side.. In my eye's it keeps everyone honest and hold's those accountable for their actions.

It's one sided cases like this that me.

[ADV Bum 205]

Motorcyclist was backing up because some body was getting out of there car next to him. He probably assumed he was coming after him (irate). He should of launched the motorcycle into the dude and his car and then claimed self defense, as some ASSHOLE WAS COMING AT HIM WITH A GUN!

If it is a crime to video with audible in Maryland, I hope that also applies to the public when it comes to police video taping them.

And yes the motorcyclist was an absolute tool, squid, and whatever else fits.

[ADV Bum 205]

One other thing. If someone ever comes up to you with a gun, just because they say police, doesn't mean sh!t! They better be sporting a badge. If no badge, they are just some dude with a gun!

[TrophyHunter 15]

One other thing. If someone ever comes up to you with a gun, just because they say police, doesn't mean sh!t! They better be sporting a badge. If no badge, they are just some dude with a gun!

Even if they have a badge, it could be a Walmart security badge, Disney Loss Prevention, etc. Basically, if someone has a gun & says they're the police....I'd go with it right off and ask for a badge/ID/Credentials when things settle down.

But then we could have another debate...have you ever seen police/FBI/Secret Service credentials? Do you know what they look like? Couldn't we all just make some on the computer?

Rex - agree with the one sided application of some obscure law is bizarre in this case. I'd like to see if there was a dash cam vid from the marked unit coming up behind him.

[starpal2 0]

i will start off by yes the motorcyclist was an idiot however the cop stopped his car at an angle and jumped out if i was there i would have backed up and on seeing the gun probably slapped the throttle thinking it was some guy with road rage. with a gun in front of me i dont think i would have noticed a marked police car coming up behind me. i probably wouldnt have even believed him if he told me was an officer and would have refused to do anything he said without a good look at his badge. now as for the video there is a law and its there for a reason. taking video is fine as long as its private. he violated the law when he posted it without the officers permission. however the police should have just asked it to be taken down and thats it they did not need to make it a federal case. i think he should get a lawyer and fight this thing because its bull in two areas. the plainclothes cop was way out of line and the district blew it way out of proportion.

[TrophyHunter 15]

Starpal....I'd be interested in reading a law that says you can't post a video taken in public of another in public without their permission. Police or not.

Newscasts would have to be done only in the studio, youtube wouldn't exist......

[dirt dame 559]

Never mind what kind of an idiot the rider was out on the highway....I think that it is pretty obvious that the rider had no intent to record a police officer, and also didn't have time to think about that when faced with somebody in plain clothes jumping out of an unmarked car and pointing a gun at him. I probably would have jumped off my bike and pleaded for my life if somebody did that to me, thinking that I was about to be killed or have my bike taken from me.

[starpal2 0]

Starpal....I'd be interested in reading a law that says you can't post a video taken in public of another in public without their permission. Police or not.

Newscasts would have to be done only in the studio, youtube wouldn't exist......

http://www.rcfp.org/handbook/c03p01.html

"Twelve states forbid the recording of private conversations without the consent of all parties. Those states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.2"

according to this it is illegal to record a private conversation without the consent of both parties involved. however after looking at this site: http://michie.lexisnexis.com/maryland/lpex...in-h.htm&cp

i believe he could get out of this by saying he was intending to post the video of his ride anyways and the fact the cop being in it was consequential. thre is also a clause in there giving exemption to newscasts. now videos on you tube are constantly being pulled down due to copyright and privacy infringement laws but it takes someone complaining or incriminating the poster for the average video. there is also a clause allowing the police to record the public without consent.

not saying i agree but these are the current laws.

[TrophyHunter 15]

I like these two outtakes:

It is always legal to tape or film a face-to-face interview when your recorder or camera is in plain view. In these instances, the consent of all parties is presumed.

Most of the state statutes permit the recording of speeches and conversations that take place where the parties may reasonably expect to be recorded.

2 points, biker.

Thx