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Thread: Be happy with our recording laws

  1. #1
    Regular Member OrangeIsTrouble's Avatar
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    Maryland sux.


    http://www.abc2news.com/mediacenter/...mp;navCatId=14


    Speed, and get a gun pulled on you!

    Also, fun scenario time, given that the "state trooper" was not in uniform, did not identify himself for a certain amount of time, was in an unmarked car, and was aggressively approaching you with firearm out, what would you have done, if anything?

    Edited to add:
    I actually haven't looked into Maryland's laws, so I do not know if audio recording without consent is actually illegal....but then that camera was in plain sight....


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  2. #2
    Regular Member HeesBonafide's Avatar
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    WOW! I would have backed up too...regardless if I saw the gun or not -- a plain clothes cop, unmarked car, pulls up like that and get's out -- I am going to get out the situation asap to avoid it.

    Thanks for posting.

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    To round out the scenario, don't forget that this hypothetical encounter begins with you flying down the highway at speeds of 100+ mph and popping wheelies.

    That kinda puts a different spin on the whole thing.

    The officer exits his vehicle with pistol drawn and pointed at the ground at all times. "State Police" should have been the first words out of his mouth, true, but Evel Knievel wasn't exactly minding his own innocent business.

  4. #4
    Regular Member OrangeIsTrouble's Avatar
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    Good point 3/325, but do realize it sort of looks like that officer has a vendetta against riders...most of the guys riding aren't looking to HARM others, even though there is that danger while popping wheelies, no rider wants to wipe out and hurt themselves or others...I really don't see the need for pulling out the pistol, he hasn't tried to outrun a police officer...plus there was a MARKED car behind him after a couple seconds...the unmarked guy just wanted to go for the catch so bad....


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  5. #5
    State Researcher Bill Starks's Avatar
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    Lets ask someone from the Brady Campaign what they think....

    What need was there for the cop to pull his gun? You just don't exit a vehicle with a gun in hand.... and not identify yourself IMMEDIATELY...

  6. #6
    State Researcher Bill Starks's Avatar
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    Maryland sux.
    But they do have a great online weapons training class (Free) that is accepted by the Grant County Oregon Sheriff.

    http://www.mdgunsafety.com/



  7. #7
    Regular Member OrangeIsTrouble's Avatar
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    Hmm appealing, but that is something I can learn anywhere else...it isn't really hands-on. Reminds me of those tests you take for getting an instruction permit (driving)..it's all on computer just tests knowledge.

    Edited to add:

    Let's not forget the SEARCH AND SEIZURE of his computers over the damn video....


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  8. #8
    Regular Member SaintJacque's Avatar
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    That charge of reckless driving has been repeated over and over is it not true. When the motorist was stopped he was cited for 80MPH, not 90, not 100 and not reckless driving. It's only after the video of the encounter surfaced that the police started claiming he was being so reckless.

    http://thepursuitofliberty.wordpress...-the-incident/

  9. #9
    Regular Member SaintJacque's Avatar
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    Sorry, double post.

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    I was stationed in maryland, and a co worker actually knew alot of cops. MD is good ol boys country and the fact cpl are hard to get. I honestly not sure what I would have done, but I am taught see a weapon pull a weapon...just not too smart on police side

  11. #11
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    If I saw an armed man approaching me aggressively who I did not identify as law enforcement by his words or uniform, I would 1 get behind cover as possible, 2 draw and point, 3 Give a warning (Drop the gun or I'll shoot) and 4 Fire center mass until the threat had been neutralized. In that order.LEOs need to identify themselves, in Washington I think I would have a self defense case if a LEO behaved in this fashion and got shot. I'm sure I would also have a very bad day though, cop killers usually do.

  12. #12
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    I feel the LEO's actions here are extremely reckless. he endangered his own life and that of the biker.

    1st he cuts in front of this guy in an unmarked car.I suspect it may have been the officers personal vehicle and he may have been off duty. (don't most unmarked duty cars have special flashing head and taillights?) he did this knowing that a fully marked patrol car was arriving on seen. why didn't he let the patrol car pull him over first. Then he could pull in front to offer assistance.

    As another poster suggested I think this guy was just aching to make this bust.(perhaps no one ever told him the story of the two bulls.)

    Now the first can be easily forgiven but then.

    When he gets out of the car he doesn't identify himself. He has no visible badge. Most plain cloths officers i have seen wear a badge around their neck, tucked under the shirt and pull it out before making contact with someone.

    From the time it appears to me he is reaching for a weapon to the time he identifies himself as LE four to five seconds goes by and he puts his hands on the guys bike.
    now five seconds may not sound like a long time but pause for a moment, count to five. now ask yourself, would you wait that long to respond to an advancing threat?

    This LEO needs a very strong lecture from his superiors. Perhaps a short suspension without pay would be appropriate. He needs to now how close he may have come to either getting shot or having to shoot someone who was just trying to defend himself against an apparent attack.

    I am glad it ended the way it did things could have gotten very ugly for everyone involved. hopefully the LEO will take it as a lesson learned and the biker will have these ridiculous taping charges dropped.He should also have all his property returned immediately and be compensated for any damage done. What kind of judge would watch that video and issue a search warrant. I am curious what the LEA/DA told the judge to convince him to sign off on a search of this mans home.

    Also lets keep in mind that even if you throw out the fact you can always record LEO. You don't need to get consent to record someone else you just need to inform them that they are being recorded. This guy had a camera on the top of his helmet it wasn't hidden at all it was easily visible. I think it is reasonable to say that if the average person saw that helmet they would assume they are being recorded.



    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

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    Regular Member SpyderTattoo's Avatar
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    I don't see where they can get him on the "illegal audio recording of a police officer" since he was recording beforehand, and the officer placed himself in the view of the camera.
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    Regular Member jbone's Avatar
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    All I see is one more BS topic clogging the WA forum. General Discussion would have been a better place. He wasn’t even OC; just riding let an ass putting others on the road at risk (the real subject).
    Im proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  15. #15
    Regular Member OrangeIsTrouble's Avatar
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    Well a lot of the guys here like to record activity, and I thought this might be something of an interest to them.

    I apologize for taking up a couple minutes of your super busy day, here's a complimentary 5 minute time freeze. :P


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  16. #16
    Campaign Veteran gogodawgs's Avatar
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    jbone wrote:
    All I see is one more BS topic clogging the WA forum. General Discussion would have been a better place. He wasn’t even OC; just riding let an ass putting others on the road at risk (the real subject).
    So now we have people complaining that they click a link and it's too much work!

    On other forums they complain that they are forced to click a link to read and that is too much work!


    Live Free or Die!

  17. #17
    Regular Member jbone's Avatar
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    Poosharker wrote:
    I apologize for taking up a couple minutes of your super busy day, here's a complimentary 5 minute time freeze. :P
    Thanks! Believe me I can use it.
    Im proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  18. #18
    Regular Member Son_of_Perdition's Avatar
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    jbone wrote:
    All I see is one more BS topic clogging the WA forum. General Discussion would have been a better place. He wasn’t even OC; just riding let an ass putting others on the road at risk (the real subject).
    I feel this is a reasonable topic for the forum. Sure the situationisn't of someone OCing but anyone could reasonably replace the speeding bike with a gun on the hip (not that the gun is a crime. but some LEO's see it as one.)and have the same turn ofevents play out.

    I have seen were in some states the LEO's try to twist a wire tapping law into something that it is not intended for. This guy is guilty of maybe making the police look not so professional and now they aregoing to show him.

    EDIT: I removed not so nice picture

  19. #19
    Regular Member jbone's Avatar
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    gogodawgs wrote:
    jbone wrote:
    All I see is one more BS topic clogging the WA forum. General Discussion would have been a better place.
    So now we have people complaining that they click a link and it's too much work!

    On other forums they complain that they are forced to click a link to read and that is too much work!


    Complaining no! Observsation/Comment yes! If you took a second to stop beating you head on the wall you would also notice that like others I took the time to even comment on the subject.

    "He wasn’t even OC; just riding let an ass putting others on the road at risk (the real subject)"

    That wasmy opinion,what I felt was the real subject matter,after all that ismost of what is posted by members!I even suggested a better place for the topic.



    Im proudly straight. I'm free to not support Legalization, GLBT, Illegal Aliens, or the Islamization of America.

  20. #20
    Regular Member TechnoWeenie's Avatar
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    The law only covers where a reasonable expectation of privacy exists. None exists on a public thoroughfare.

    It's a smear campaign. I expect nothing less from MD.
    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

  21. #21
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    i watched the video and im really glad it was not me on that bike! i agree with the above posters in that the officer made a grave mistake in not anouncing that he was a police officer before drawing his firearm. it would have been easy to open the door and shout "STOP! POLICE!" (preferably with badge in view)then if he feels like hes in danger, he could draw his sidearm.

    -matt

  22. #22
    Regular Member sudden valley gunner's Avatar
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    Happened with me, undercover vehicle walkingthan looking down a barrel of a gun when an officer hadn't identified himself for a few seconds it could have been a vary different and scary situation. I was openly carrying.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    SpyderTattoo wrote:
    I don't see where they can get him on the "illegal audio recording of a police officer" since he was recording beforehand, and the officer placed himself in the view of the camera.
    There is no such thing as illegally recording a police officer.

    Does ANYONE HERE EVER read a law? CAN anyone here read? Or are we just content in believing the nonsense posted here? Deliberately attempting to leave false impressions about the law?

    USC TITLE 18 > PART I > CHAPTER 119 > §2511

    (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State."



  24. #24
    Regular Member Beretta92FSLady's Avatar
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    I don't mean to talk down to LEO's but that officer is an idiot. Cuts the guy off (unmarked car), gets out of the car and draws his sidearm and walks towards the guy the motorcycle (but doesn't identiffy himself for a good five seconds).

    LEO's need to be careful out there and identify themselves immidiately...not five seconds later while cming at someone with their gun drawn.
    I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...

  25. #25
    Regular Member TechnoWeenie's Avatar
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    Capn Camo wrote:
    SpyderTattoo wrote:
    I don't see where they can get him on the "illegal audio recording of a police officer" since he was recording beforehand, and the officer placed himself in the view of the camera.
    There is no such thing as illegally recording a police officer.

    Does ANYONE HERE EVER read a law? CAN anyone here read? Or are we just content in believing the nonsense posted here? Deliberately attempting to leave false impressions about the law?

    USC TITLE 18 > PART I > CHAPTER 119 > §*2511

    (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State."

    I usually don't respond in such a manner, but in this case I believe it's warranted.

    You CONSISTENTLY voice your WRONG ideas about laws and how they effect people. YOU are going to get people in trouble if they believe what you say.

    S T F U.

    If you don't know what you're talking about, and giving BAD 'legal' advice.. S T F U.

    You quoted federal law. There is also state and local law.

    It's idiots like you that give 'legal advice' that get people charged with felonies because they 'heard it on the internet'.



    They didn't charge him under federal law, they charged him under STATE law (erroneously, IMO).

    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

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