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Motorcyclist Arrested for Videotaping Aggressive Cop?

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  • Motorcyclist Arrested for Videotaping Aggressive Cop?

    Clearly, the motorcyclist was in the wrong for driving recklessly, but if a guy in a regular Joe's car cut me off, jumped out and pulled a gun, I might have backed up a few feet, too. In any event, to bring charges against this guy for recording sound without the cop's knowledge, that seems a bit trumped up and like retaliation to me. I guess the moral of the story is to stay out of Maryland. Judge for yourselves . . .

    Anthony Graber was riding his motorcycle with a camera attached to his helmet recording his ride.It happened near the Riverside exit of I-95. A Maryland Stat...
    Last edited by Drum Dog; 05-25-2010, 04:41 PM.
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  • #2
    Unmarked car, gundrawn............................Damn!!!!
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    • #3
      I don't think the Officer was aggressive... but I also don't agree with the law about video taping... Common sense should have told the State Police that he was being recorded. Hello camera on helmet.... Thank you mr obvious.
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      • #4
        But why was the cop's gun drawn? Their not telling us something or theres something wrong here, a cops not supposed to pull that weapon unless he feels threatened.
        OLD SKOOL BIKERS RULE, WE DO WHAT IT TAKES AND LIKE IT!!!
        With age comes wisdom, yeah right!
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        • #5
          see what us md. motorcycle riders have to deal with !!!did`nt know helmet cams are illegal to use !!! confiscated all of his computers etc... WTF!!!now i have total respect for law enforcement but that trooper is a total a--hole!!!!i showed this to my dads nieghbor who is a retired md state trooper n all he said is thats exactly one of the reasons that i am retired !! now as the rider and myself n the retired trooper agreed that he deserved the ticket but not the gun in his face !!!!!what ever happened to just showin your badge!!!aint that enough?? i guess not now days here in freakin md.!!!!!!
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          • #6
            I don't think helmet cams are illegal, it was the recording of the conversation of the officer without his consent that is illegal in Md.
            Apparently the rider was doing 90 to 100 down the highway pulling wheelies at the same time and swerving through traffic. Also it was not just the one unmarked cop car but several.
            The guy freaked out because of the gun but the officer never pointed it at him and holstered it as soon as the guy shut the bike off.
            The guy posted it on you-tube to say the cop was a jerk and the cops decided to go after him for the illegal wiretapping law.
            We've been covering the story at our station (WJZ Baltimore) and while I'm sure we slant the story a certain way, I can imagine some douche-nozzel flying down 95 at 95 mph on his rear wheel scaring the shit out of the motorists and if I saw him get pulled over, I'd chuckle.
            John
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            • #7
              Id laugh at the dumb ass to for gettin a ticket. But jump out the car with gun drawn ,he had both hands on handle bars. That Bull cht.
              Appalachian Redneck

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              • #8
                Originally posted by elPrez View Post
                I don't think helmet cams are illegal, it was the recording of the conversation of the officer without his consent that is illegal in Md.
                Apparently the rider was doing 90 to 100 down the highway pulling wheelies at the same time and swerving through traffic. Also it was not just the one unmarked cop car but several.
                The guy freaked out because of the gun but the officer never pointed it at him and holstered it as soon as the guy shut the bike off.
                The guy posted it on you-tube to say the cop was a jerk and the cops decided to go after him for the illegal wiretapping law.
                We've been covering the story at our station (WJZ Baltimore) and while I'm sure we slant the story a certain way, I can imagine some douche-nozzel flying down 95 at 95 mph on his rear wheel scaring the shit out of the motorists and if I saw him get pulled over, I'd chuckle.
                Yeah like i said previously ,the rider definatley deserved the ticket he got for his dumb ass style of riding!!n he was just using his helmet cam to tape his antics !but how was he to know that a state trooper was going to emerge from a unmarked car and pull a gun on him!!yeah i`d been backin the f--- up too !!no badge shown right away to identify who the hell he his !!!! what would you do if someone gets out of his car n pulls a gun on you????authority gone to the troopers head!!truely both sides are at fault on this bad situation!!!
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                smitty
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                • #9
                  10-4
                  John
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                  • #10
                    There are still alot of unknowns with this story but there are plenty of knowns to see this for what it is. This guy decided to get on a two wheeled rocket and blast in, around and through traffic. He is not only endangering the safety of himself but every single person around him. These situations are very dangerous for ALL involved but the responsoibility of the Trooper is to prevent, deter and STOP dangerous illegal activity; he did that, along with the marked cruiser that was directly behind the MC.

                    Some have taken exception to the Trooper drawing his firearm. Again, the Trooper only knows that this guy is driving recklessly...he doesn't know why, and he's not required to. Did he just rob a bank? Did he just steal the bike? Who knows, right?....and this 'unknown' applies to the Troopers evaluation of what is unfolding in front of him. The Trooper did his job and ultimately prevented this guy from continuing his reckless, illegal operation of a motor vehicle.

                    Sometimes displayed force is needed to prevent the preceived problem/threat from continuing. The guy on the MC created this mess, the Trooper stopped it from continuing.

                    Croc said this...
                    But why was the cop's gun drawn? Their not telling us something or theres something wrong here, a cops not supposed to pull that weapon unless he feels threatened.
                    I believe the Trooper was acting in direct relation to the threat presented by the guy on the MC (The threat to inncocent motorists). A MC crashing into another vehicle can cause death or great bodily harm to not only the guy on the MC but to anyone/anything he crashes into.....just sayin'.

                    Sidenote....I view these situations from both sides...not that it is all that relevant with this case, but the Trooper did what the citizens pay him to do. Good job on his part. It's too bad the guy on the MC didn't think at all about the innocent people around him being subjected to his reckless, criminal conduct.

                    Whether or not I agree with his felony charge, related to the audio recording, doesn't matter since it's apparently law in Maryland. He's a grown man, a Soldier, he should have thought about acting like a responsible adult instead of some 16-year-old show off with a new toy.
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                    • #11
                      I have GREAT respect for our law enforcement as they do a very difficult job especially in the day and age. But come on, jump out of your car with gun drawn!! WTF. Yes this dumb ass was speeding, crating a dangerous situation for all around him and just being plain STUPID! When the officer caught up to him he was at a complete stop at a stop light, both hands in plain sight. Do you think if he had just commited so crime (ie, bank robbery, assault) and after going lke a bat out of hell he is going to stop for a red light? Of course the douche on the bike is gong to start to back up, wouldnt you with a gun drawn on you? Maybe a badge in his hand and the other on his gun would have been the correct action. And can you imagine if the guy on the bike would have reached for anything, maybe to turn OFF the camera and that gun was in his face, god knows what the cop would have done then. Its hard to say what was going though this cops mind he might have just been pissed off becuase he rides a Harley and hates the jap crap...who knows. Facing a prison charge for being a dumb ass seems a little much. Hell dudes on capital hill have been doing the dubass thing for years and most of them aint gone to prison.

                      Just my 2 cents.
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                      • #12
                        On the surface it looks as if the cop was a bit too aggressive but I did not see or have the same prospective as to just what the cop saw so I really couldn't judge.
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                        • #13
                          Wow!! Dude shouldn't have been speedin/stuntin on a public road in the first place so yea he def. deserved to ticket and who knows, he might've charged an officer on the bike previous to the footage shown which could be why he had the gun drawn!!
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                          • #14
                            Check, I am not making an an argument against the traffic stop. Clearly, the motorcyclist was wrong and deserved to get ticketed. And I agree that police are put in dangerous situations where they have no idea about the perp. There are two other issues here for which I raised posted this:

                            1) It looks like the Trooper was off duty (personal car and jeans and sneakers - could very easily have been mistaken for a driver with road rage jumping out of his car with a gun drawn). His shield is not visible from the video, and he did not identify himself as a Trooper until after THREE times telling the guy to get off the motorcycle. Yes, another unit pulled up behind, but we cannot tell from the video if that was simultaneously or moments thereafter. There is no siren on the sound recording. To me, it looks like the Trooper was off duty, saw the guy, called it in, but made the stop himself at the traffic light a bit pumped up.

                            2) The second issue is whether the Maryland State Police is retaliating against this guy because he posted the video of the incident on the Internet.
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                            • #15
                              Originally posted by Drum Dog View Post

                              1) It looks like the Trooper was off duty (personal car and jeans and sneakers - could very easily have been mistaken for a driver with road rage jumping out of his car with a gun drawn). His shield is not visible from the video, and he did not identify himself as a Trooper until after THREE times telling the guy to get off the motorcycle. Yes, another unit pulled up behind, but we cannot tell from the video if that was simultaneously or moments thereafter. There is no siren on the sound recording. To me, it looks like the Trooper was off duty, saw the guy, called it in, but made the stop himself at the traffic light a bit pumped up.

                              2) The second issue is whether the Maryland State Police is retaliating against this guy because he posted the video of the incident on the Internet.
                              1.) Very good point. The officer failed to identify himself promptly. Had the person on the bike been carrying a weapon, there's a good possibility the OFFICER could have been shot, mistaken for a road raged driver, or someone attempting to steal the bike. Considering all he kept yelling was "get off the bike"..... At a minimum, he should have been wearing a badge, or holding it up. Identifying yourself automatically lets the other person know that you're not joe-blow with a gun.

                              2.) Gaurenteed.

                              A lot of people here have stated that the officer didn't "need" to have his weapon out. That's debatable. An officer doing a traffic stop is always vigilant of the driver and passengers, and in most cases, has his hand on his weapon if people are getting fidgity, not listening to commands, or appearing to be sticking their hands in clothing or under seats.

                              In this case, the officer had 100% justification to draw his weapon, as when dealing with a motor vehicle, an operator can drive towards you at any moment, consituting return of deadly force. He was performing a traffic stop without a marked vehicle, which is a departmental issue/policy call. The motorcyclist was causing a hazardous condition for other drivers, and if not stopped, likely he, or someone else could have been hurt or worse.

                              You'll also note the officer never points the gun AT the motorcyclist, rather off to the side or at the ground.

                              As well....at the end, almost seconds after this started, there's a MARKED UNIT behind the bike, which means he was either evading the police car or was about to be stopped, regardless, because of riding like an idiot.

                              This whole video is flawed, in that you can only see the motorcycle rider's perspective. You can't see behind him while he's riding, and you can't see what he did miles back, because I'm sure it was deleted from the film he posted, as to not make himself look like a total idiot.

                              Not to mention, the guy's own film is evidence that can be used to prosecute him for reckless driving, speeding and countless other vehicle code violations, and yet, the toolbag goes and posts it on Youtube.

                              He deserves what he gets, IMHO.

                              As for the charge for taping the officer without consent: I think it's a little much. The violation comes into play not so much just because the motorcyclist did it, rather, because he then went and posted it on the internet.
                              Last edited by Dave63; 05-26-2010, 11:47 AM.
                              **Note: The technical info I provide is suggestive. I am not a perfeshunel.

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                              • #16
                                Good points everyone has made. Hence the question mark at the end of the sentence I used to name my post. Just stirring up debate, which is always good in a free society.
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                                • #17
                                  Originally posted by Drum Dog View Post
                                  Check, I am not making an an argument against the traffic stop. Clearly, the motorcyclist was wrong and deserved to get ticketed. And I agree that police are put in dangerous situations where they have no idea about the perp. There are two other issues here for which I raised posted this:

                                  1) It looks like the Trooper was off duty (personal car and jeans and sneakers - could very easily have been mistaken for a driver with road rage jumping out of his car with a gun drawn). His shield is not visible from the video, and he did not identify himself as a Trooper until after THREE times telling the guy to get off the motorcycle. Yes, another unit pulled up behind, but we cannot tell from the video if that was simultaneously or moments thereafter. There is no siren on the sound recording. To me, it looks like the Trooper was off duty, saw the guy, called it in, but made the stop himself at the traffic light a bit pumped up.

                                  2) The second issue is whether the Maryland State Police is retaliating against this guy because he posted the video of the incident on the Internet.
                                  Yeah Point #2 is a most definitely.
                                  I do see in the video just as he takes the helmet off there is a State trooper car parked behind him so he could have know the first guy was an officer too?????
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                                  • #18
                                    Great points fellas. My only point here is that dealing with a lot of 'unknowns' creates many issues that heave to be dealt with. The Trooper and his agency should take this contact/enforcement action and learn from it. One 'lesson learned' is that the Trooper, or any LEO for that matter, needs to identify themself so that it is clear who you are. Once you have been identified it is the responsibility of the citizen to follow the instructions or orders. But it kinda makes it a little hard to do that until the person you are giving instructions to realizes or is told that you are a Police Officer.

                                    I hope my comment wasn't taken as a direct response to any previous post. I simply wanted to remind everyone that there is more to the Trooper's evaluation and actions then what is depicted in the video. It makes me feel good, in that warm and fuzzy kinda way ;), when people, from all different backgrounds, can engage in conversation about the actions of the Police and it remains respectful and professional.

                                    I just finished with court and we had about the entire list of defendants testify that our Officers were all liars and simply out to cause undue harm to others. What they didn't realize is that our contacts, for these cases, were all recorded by either audio or audio and video. Once they knew that their contact was recorded there whole story changed.....kinda sad. It can get frustrating when people don't want to accept their actions for what they are.

                                    Thanks for the great discussion.
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                                    • #19
                                      Originally posted by elPrez View Post
                                      Yeah Point #2 is a most definitely.
                                      I do see in the video just as he takes the helmet off there is a State trooper car parked behind him so he could have know the first guy was an officer too?????
                                      Maybe, but those are the unknowns that the video simply can't answer....or at least the portion the media or the defendant released. It does appear that the MSP charged this guy after the fact, which there is nothing wrong with that as it is still a felony to audio record in that state. BUT....I would agree that it looks like the MSP might be making a point...although that doesn't negate the fact this guy committed a crime. In the time of cell phones and every other media recording device one has to assume they are always being recorded....I do ;). Oh well...at least nobody was hurt...minus a few egos. =D
                                      Last edited by Check 6; 05-26-2010, 04:47 PM.
                                      - Eric [HERD Member #123]
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