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Old 09-28-2010, 01:38 AM   #1
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Case against motorcyclist videotaper dropped

I am sure we all remember this situation going down...





Well as of today...

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


Quote:
A Harford County Circuit Court judge ruled this afternoon that a motorcyclist who was arrested for videotaping his traffic stop by a Maryland State Trooper was within his rights to record the confrontation.

Judge Emory A Pitt Jr. tossed all the charges filed against Anthony Graber, leaving only speeding and other traffic violations, and most likely sparing him a trial that had been scheduled for Oct. 12. The judge ruled that Maryland's wire tap law allows recording of both voice and sound in areas where privacy cannot be expected. He ruled that a police officer on a traffic stop has no expectation of privacy.

"Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public," the judge wrote. "When we exercise that power in public fora, we should not expect our actions to be shielded from public observation."
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Old 09-28-2010, 01:40 AM   #2
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so what happened to the cop?
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Old 09-28-2010, 01:49 AM   #3
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Quote:
Originally Posted by quicksaveme View Post
so what happened to the cop?
Probably nothing since his actions can be explained away as "protecting himself" since he never actually pointed the gun at him. But I would not be surprised to see a civil suit come of this from the motorcyclist.
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Old 09-28-2010, 01:58 AM   #4
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In my non professional opinion. Nothing should happen to the cop. They should deliver the motorcyclist's computers and such back with a letter of apology (although they will probably make him pick it up himself). The rider pay his fines for speeding or whatever they initially got him on. And everyone have a nice day. Cop in plain clothes, I'd backed up too. But as the cop I would have pulled my gun in the very same manner (down and at my side)
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Old 09-28-2010, 02:02 AM   #5
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I just think it was a bad idea for a cop in plain clothes to pull a gun on someone who didn't know they were being chased.

If I'm correct, in this video the rider didn't know the cop was on his tail. To be quite honest this situation could have turned out bad if that rider would have freaked when he saw that guy jump out in a sweathshirt and jeans and pull out a gun. What if he thought worst case scenario and ran over the cop with his bike, then the other cop would have shot him and killed him all because after this guy had already stopped, a cop in plainclothes in an unmarked car jumps out with a gun...

Doesn't mater since nothing happened, but it could have been bad. I just think it was a bad idea to pull that gun out.
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Old 09-28-2010, 02:05 AM   #6
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The officer behind him didnt even have his lights on, therefore the motorcyclist had no reason to believe it was a traffic stop until supercop jumped out of his unmarked car.
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Old 09-28-2010, 02:06 AM   #7
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I just know my first thought would have been, " this " if I saw some random joe cut me off and jump out with a gun. I'm glad this guy just froze, you can tell he was scared they way he took his gloves off and set them on his tank. His mannerism I guess, I don't know
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Old 09-28-2010, 02:24 AM   #8
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i don't know if this is legal or not. but by instinct, i do not ever pull over for a car unless it has flashing lights. so no flashing lights, no stop.

i think that's fair. wouldn't you?

but it is a little excessive to be pulling a gun out over a traffic stop for speeding?
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Old 09-28-2010, 07:01 AM   #9
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Now case law?

Wackjum?
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Old 09-28-2010, 07:09 AM   #10
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I doubt I would have stopped. Lotta folks have guns these days. And it sure didn't sound like he announced himself as a cop. I've seen people get carjacked the exact same way. Somebody runs up with a gun and says get off? I wouldn't. Not in Htown.
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Old 09-28-2010, 07:10 AM   #11
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I am glad a judge had the sense to drop drop this bullshit charge.

I am all for law enforcement. I hate thieves, murderers, all dangerous criminals that take advantage of people. But it doesnt give he police the right to abuse the law themselves.

Thats why our government was set up with checks and balances, to keep those with power from abusing it. To keep an honest man honest.
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Old 09-28-2010, 07:17 AM   #12
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good call judge!!
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Old 09-28-2010, 07:37 AM   #13
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good call judge!!
+1.
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Old 09-28-2010, 07:39 AM   #14
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No unmarked car would have gotten me to stop. I would assume its just another tard and haul azz.
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Old 09-28-2010, 08:20 AM   #15
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Why would he pull the gun? Just curious.
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Old 09-28-2010, 08:28 AM   #16
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Quote:
Originally Posted by Houstonbussa View Post
In my non professional opinion. Nothing should happen to the cop. They should deliver the motorcyclist's computers and such back with a letter of apology (although they will probably make him pick it up himself). The rider pay his fines for speeding or whatever they initially got him on. And everyone have a nice day. Cop in plain clothes, I'd backed up too. But as the cop I would have pulled my gun in the very same manner (down and at my side)
I agree with most of what you say EXCEPT, the rider has probably already accrued legal fees for counsel due to the Cop's actions. I think a civil suit should happen so he can get his legal fees back. Nothing more than what was paid for representation. I hate that a civilian has to pay lawyer fees to defend himself on a situation ruled that he was completely in his rights. Had it just been a ticket for his riding that would be one thing. But I agree, I don't think the cop should have anything done to him.

Oh, and way to go judge.
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Old 09-28-2010, 08:29 AM   #17
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Quote:
Originally Posted by ddgtomahawk View Post
Why would he pull the gun? Just curious.
That's what we are all wondering

But you guys make a great point, especially in a city like Houston I would not EVER feel inclined to pull over for an unmarked car if I was in my car, much less on my bike
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Old 09-28-2010, 08:44 AM   #18
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Quote:
Originally Posted by eltejano View Post
I am glad a judge had the sense to drop drop this bullshit charge.

I am all for law enforcement. I hate thieves, murderers, all dangerous criminals that take advantage of people. But it doesnt give he police the right to abuse the law themselves.

Thats why our government was set up with checks and balances, to keep those with power from abusing it. To keep an honest man honest.
+1, and i agree with everything thats being said so far from you guys
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Old 09-28-2010, 01:52 PM   #19
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Quote:
Originally Posted by quicksaveme View Post
That's what we are all wondering

But you guys make a great point, especially in a city like Houston I would not EVER feel inclined to pull over for an unmarked car if I was in my car, much less on my bike
I'm the same way - unmarked car? No lights? Uh - yeah - not gonna stop. No, i don't care if you hold a badge up to the window and make sure I see it.

Some douche cuts me off and jumps out of a car with a gun in his hand at a light? I'm blowing the light, hitting him with the bike, or one of us is getting shot...whatever i have to and can do to avoid the situation.

This cop was exceedingly lucky he didn't get hurt. The biker could also have been easily very badly harmed - all because some douchenozzle with a Judge Dredd complex didn't like him speeding.
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Old 09-28-2010, 02:11 PM   #20
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Quote:
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.....
So you saw a insignia on his car?
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