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If you open carry and have a recorder or video camera....KNOW YOUR LAWS

Z

zack991

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Ohio, USA
Now I personally carry a recorder to cover myself in case I ever end up being stopped or get involved in a mess where a camera or voice recorder can help my case. I am sure there are many others on this forum who do as well, but do you understand the laws in your state? I ran across this video where a man on a bike, who was pulled over for speeding by an off duty police officer, who drew his firearm for no reason that I can see. Now the biker has now been charged with a felony on MD wiretapping laws. He was not charged at first with anything until he uploaded his helmet cam video to you tube. What this video has to do with OC is that it is one of our tools that I feel is being taking away from honest gun owners and others trying to do nothing else but protect themselves. I personally think there is certainly a political motivation by the AG for charging him. Since MD is a two party consent state can I request police to turn off their dash cam if I ever get pulled over?. http://www.youtube.com/watch?v=2YSx2LjXJZo

Unedited video here'
http://www.youtube.com/watch?v=BHjjF55M8JQ
 
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Dreamer

Dreamer

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zack991 said:
Since MD is a two party consent state can I request police to turn off their dash cam if I ever get pulled over?. http://www.youtube.com/watch?v=2YSx2LjXJZo
Click to expand...


The MD AG has ruled that police dash cams are exempt from the wiretapping laws, and that they don't need your consent because it is a "public event" and there is no "reasonable expectation of privacy" for the citizen.

The same MD AG has also ruled that the MD wiretapping laws DO apply to a citizen if they try to record a cop AT THE SAME TRAFFIC STOP, because conversations between a MD cop and a "suspect" are protected, private, and confidential...

And THIS is pretty much how the ENTIRE legal system in MD works. Is it becoming clear now why everyone hates MD so much? It's not just 2A laws that are screwed up and preferential. Pretty much ALL the laws in MD are like this--property law, contract law, employment law, tenant/landlord law, Freedom of speech and expression, 4A, 5A, FOIA--it's ALL arbitrary, duplicitous, and set up to protect the wicked and punish anyone who DARES to actually think they have "rights".

Two laws for two classes...

There are the "rulers", and then there's everyone else. And I've got news for you: YOU are "everyone else"...

Maryland is not a "state". Maryland is an oligarchy...
 
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Dreamer

Dreamer

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Any "state" that specifically prohibits citizens from recording public servants in public whie performing their duty, and yet EXEMPTS those same public servants from such a prohibition when recording citizens is NOT a state, but a gulag...


Two sets of laws create two classes of people, and is fundamentally at odds with the concept of a free society.
 
Z

zack991

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Joined
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Location
Ohio, USA
Dreamer said:
Any "state" that specifically prohibits citizens from recording public servants in public whie performing their duty, and yet EXEMPTS those same public servants from such a prohibition when recording citizens is NOT a state, but a gulag...


Two sets of laws create two classes of people, and is fundamentally at odds with the concept of a free society.
Click to expand...

I wish someone pushed this to court so the same rules apply to police if they want to record and we can see how long till the gooberment repeals this stupid law.
 
Jack House

Jack House

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eye95 said:
That would handle any law requiring knowledge. It won't help with laws requiring consent.
Click to expand...
Any good lawyer should be able to successfully argue that having knowledge that you are being recorded and not protesting would be automatic consent.
 
Dreamer

Dreamer

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Yes, but the issue with MD is, in the meantime (while awaiting trial) you have been charged with a FELONY, probably had your house raided and all your electronic gear and firearms seized, and even AFTER the judge throws out the case, you're probably going to have to sue the LEA to get your property back, because if it has ANY sort of real value, they are going to claim it under the Federal Asset Forfeiture Program

Under that program, property seized REMAINS the property of the LEA until the accused can prove--in court--that they did everything in their power to ensure said property would not be used in an illegal enterprise. Having the charges dismissed DOES NOT meet this requirement. It must be proven in a SEPARATE case...

MD state and local LEAs were some of the first LEAs to come up to speed on the Federal Asset Forfeiture Program when they extended the seizure rights to state and local LEAs back in the 1990s. They'v been doing this a LONG time, and if you've got any sort of cool electronics, spiffy vehicles, or desireable real estate, you'd better have a REALLY good lawyer if you are ever charged with a felony that is perceived as a threat to the state. And wiretapping falls into that category.
 
D

daddy4count

Regular Member
Joined
May 11, 2010
Messages
513
Location
Seattle, Washington, USA
If you are in a public place there should be no "reasonable expectation of privacy"

In other words, you should be able to record a conversation between you and any person if you are in a public venue. Otherwise we are in dire need of camera regulation... every cell phone on the market today would need bold, red letters detailing the legalities of public recordings.

Should it be legal to include a camera and voice recorder on every cell phone? Is youtube going to have to hire more crack lawyers to defend freedom of post-your-vid?

Obviously I am not a lawyer, because I rely on common sense...
 
Z

zack991

Regular Member
Joined
Jul 29, 2009
Messages
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Location
Ohio, USA
Dreamer said:
Yes, but the issue with MD is, in the meantime (while awaiting trial) you have been charged with a FELONY, probably had your house raided and all your electronic gear and firearms seized, and even AFTER the judge throws out the case, you're probably going to have to sue the LEA to get your property back, because if it has ANY sort of real value, they are going to claim it under the Federal Asset Forfeiture Program

Under that program, property seized REMAINS the property of the LEA until the accused can prove--in court--that they did everything in their power to ensure said property would not be used in an illegal enterprise. Having the charges dismissed DOES NOT meet this requirement. It must be proven in a SEPARATE case...

MD state and local LEAs were some of the first LEAs to come up to speed on the Federal Asset Forfeiture Program when they extended the seizure rights to state and local LEAs back in the 1990s. They'v been doing this a LONG time, and if you've got any sort of cool electronics, spiffy vehicles, or desireable real estate, you'd better have a REALLY good lawyer if you are ever charged with a felony that is perceived as a threat to the state. And wiretapping falls into that category.
Click to expand...

All I can say is damn that has to suck to be any citizen of MD.
 
Dreamer

Dreamer

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The Federal Asset Forfeiture Program is nation-wide...

It's not a MD problem only...
 
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