Gun pulled on motorcyclist, with video.

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American Boy With a Gun wrote:

EM87 wrote:

There are threads about this on just about every forum I frequent. Popular issue, it seems.

I read about half of the original thread on 1000rr.net before they took it down. It was 50 pages long, started by the guy who this happened to. He was cited 10 days later for recording the cop without the cop's permission and faced a 5 year felony charge. Here's a link to some information:

http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/

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is there some sort of petition to sign or something in support of that cop losing his badge? or donations to help with the guys court costs...something?

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I don't have a clue, sorry.

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Yep, 1 head shot. At that range with a gun, no ID, after cutting me off, and approaching like that. No hesitation.

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stainless1911 wrote:

Yep, 1 head shot. At that range with a gun, no ID, after cutting me off, and approaching like that. No hesitation.

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except you wouldn't be carrying, since you don't have a cpl. j/k

seriously, if you watch the entire video, it appears he knew he was being followed by the police. He saw the cop in the median, and he saw the cop later on behind him just prior to him stopping. If you are staring at a cop in your rearview, and an unmarked car pulls up and a guy jumps out with a gun telling you to stop, chances are you would think he's a cop. Chances are even better you would not have a chance to draw your weapon, and doing so would be absolute suicide. It all happend pretty fast there at the end.

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American Boy With a Gun wrote:

EM87 wrote:

There are threads about this on just about every forum I frequent. Popular issue, it seems.

I read about half of the original thread on 1000rr.net before they took it down. It was 50 pages long, started by the guy who this happened to. He was cited 10 days later for recording the cop without the cop's permission and faced a 5 year felony charge. Here's a link to some information:

http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/

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is there some sort of petition to sign or something in support of that cop losing his badge? or donations to help with the guys court costs...something?

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The eavesdropping statute has been interpreted by one court as applying only to situations in which a third party has intercepted a communication. This interpretation allows a participant in a conversation to record that conversation without the permission of other parties. Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).
http://www.rcfp.org/taping/states/michigan.html

Yata hey

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I know.:uhoh:

Sucks to be exhonerated posthumously.

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I somewhat question why he didn't do a better job of making a break for it. There's no cruiser on the planet that can catch a CBR.



I'm not saying, I'm just saying.

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sevenplusone wrote:

I somewhat question why he didn't do a better job of making a break for it. There's no cruiser on the planet that can catch a CBR.



I'm not saying, I'm just saying.

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Aren't therea lot of the crotch rocket owners putting "flippers" on their bikes just for this reason?

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the guy was screwing around, riding like a dick, he deserved to be stopped and ticketed, but nowhere did I see any reason to have a firearm introduced to the situation. Maybe his first item to show should have been his badge?
If that situation were to happen to me, I would have also pinned the guy between his car door and my front wheel the instant I saw the weapon being drawn.
How did someone say it, "a 7K RPMclutch drop"? I agree fully!

BUT!!! the helmet cam only shows a front view, had Iseen the marked car directly behind me and Ihad an idea it was a valid traffic stop, I probably would have understood it was a cop in front of me and not taken those same actions.

Either way, there is no reason to draw a firearm for a traffic stop just for someone screwing around on a bike. Sure, his riding stylewas stupid in traffic on public roadways. but there is no reason to unholster a firearm during a stop. Hopefully the dingus that drew his weapon gets knocked down a few pegs for that.

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The cop should be charged. Then dismissed.

Along with any of the bikers tickets.

Maybe the cop should pay the biker the same amount as any fines that would have been required from those tickets.

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I for definently would have drawn down on that guy. Some guy pulls in front of you when you stop and draws a gun without saying he is a police officer first and foremost. I would have put a couple in him for sure.

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Grapeshot wrote:

American Boy With a Gun wrote:

EM87 wrote:

There are threads about this on just about every forum I frequent. Popular issue, it seems.

I read about half of the original thread on 1000rr.net before they took it down. It was 50 pages long, started by the guy who this happened to. He was cited 10 days later for recording the cop without the cop's permission and faced a 5 year felony charge. Here's a link to some information:

http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/

Click to expand...

is there some sort of petition to sign or something in support of that cop losing his badge? or donations to help with the guys court costs...something?

Click to expand...

The eavesdropping statute has been interpreted by one court as applying only to situations in which a third party has intercepted a communication. This interpretation allows a participant in a conversation to record that conversation without the permission of other parties. Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982).
http://www.rcfp.org/taping/states/michigan.html

Yata hey

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I think it was already established that in Michigan you can record/videotape any conversation that you are a part of without telling another party that you are recording. Am I wrong? Is this point needs to be re-argued?

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Not re-arguing the point of legally recording conversation. More pointing it out to those readers here that may not be cognizant of the law.

Yata hey

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In Michigan, yes, but I dont think this was in Michigan.

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stainless1911 wrote:

In Michigan, yes, but I dont think this was in Michigan.

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Correst, it happened in Maryland. However, Sash was responding to Grapeshot's cite pertaining to eavesdropping in Michigan.

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Yes, you are right. This happened in Maryland where prior consent to record from all parties is required.

This makes me wonder about Michigan. When I looked at various sources on the net, most sources list Michigan as a state where consent of all parties is required. I do not think this is correct. I think there was a case, Sullivan v. Gray. The outcome ofthis casemade it clear that only one party consent (person who is recording) isrequired in Michigan, I believe. Can someoneelaborate on it?

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SpringerXDacp wrote:

stainless1911 wrote:

In Michigan, yes, but I dont think this was in Michigan.

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Correst, it happened in Maryland. However, Sash was responding to Grapeshot's cite pertaining to eavesdropping in Michigan.

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What do you expect of somebody from Virginia commenting on the Michigan sub-forum about an incident that happened in Maryland. :?

Michigan and Virginia recording laws = good.

Maryland's = not so good

But: Md. State courts have interpreted the laws to protect communications only when the parties have a reasonable expectation of privacy.
http://www.rcfp.org/taping/states/maryland.html

Yata hey

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I saw this vid and I thought the same as most that I would have at least drawn down on the guy and barked order to drop to ground, then who knows.

Then I saw the very end of the long version and saw the marked cruiser stopped behind the biker.

Then I watched the vid again and I think he looked back once and saw the cruiser behind him. So it could be possible that he knew the cops were onto him. So, If I knew the cops were behind me I might have had the idea he was tooand remained calm. But I say that only after seeing the vid and reading the comments and reviewing the incident. In the moment and all pumped up from the ride who knows. That's why the cops should have been more responsible and not drawn.

Then If he had touched my bike like that I would have been very upset. You don't touch the bike.

If you watch the vid about the riding sure he speeded some of the time and if he hit 100 that was way too fast for sure,for most part.On a bike like that speed goes up and down fast and is controllable, for most part. I think I've done some worse, or should I say,BETTER riding in my day than that. It was pretty mild. Careless OK, reckless no.

And I also agree there was no cause for the cop to draw on the biker.Cop should be disciplined. He brandished his gun w/o cause.

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If the biker was attempting to evade the police and later decided to stop, it was still a felony flee and elude scenario.

Standard practice on a "felony stop" includes the police officer drawing a firearm. Itcould easilyand justifiably mean physically removing him from the bike.

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Watch the video. This was no felony stop. The officer diddnt even have on his emergency lights.

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I didn't even see a crime in the video. Was anyone injured?