WTF..Motorcyclist charge for video

[bjjandbusas4me]

When he looks back at the 3 minute mark of the video, there is no sign of a marked cruiser behind him. There are no emergency vehicle lights or other identifiers. There have been several references to "he knew he was being pursued by law enforcement". Did he? Can't say I would have. Could simply have been some random a-hole chasing him down to steal his bike or maybe his stunt pissed off the wrong guy who decided to blow him away. The rider was obviously an ass who deserved a few tickets, but in no way do I agree he should be charged the way he is. No reasonable expectation of privacy. LEO's have a tough job, but policies and procedures exist for their safety and those they are paid to protect. He DEFINITELY should have ID'd himself before drawing his weapon. Just my opinion.

 

[Vonderbach]

The police officer was not in the "right" by pulling his weapon. It was not a felony stop. Even if the guy riding the bike was running from the officer which he was not, it would not have been a felony stop. Fleeing and eluding in maryland is not a felony, speeding at 300mph is not a felony in maryland nor is riding a wheelie no matter at what speed. As stated earlier in this thread the officer did not announce that he was in fact a police officer which should have been the first thing he did instead of pulling out his weapon. There is no logical argument backing the police officer in this case, he needs to take responsibility for what he did and learn from his mistakes.

Can you cite the law that claims these are not felonies? I would like to take your word for it, but chances are most people don't know the details of the law, even if you live in Maryland.

 

[B00ST00]

Can you cite the law that claims these are not felonies? I would like to take your word for it, but chances are most people don't know the details of the law, even if you live in Maryland.

I havent found anything online which is strange, however I have spoke to a few friends that are state police and they have told me that it is not a felony to run.

 

[tray]

he should counter sue the state. that's crazy they can record us but we can record them talk about rights.

 

[Vonderbach]

I havent found anything online which is strange, however I have spoke to a few friends that are state police and they have told me that it is not a felony to run.

Understood, but some states consider multiple violations to be a felony. For example, Missouri considers 3 excessive violations to be a felony. I'm just saying that it's possible.

 

[B00ST00]

Understood, but some states consider multiple violations to be a felony. For example, Missouri considers 3 excessive violations to be a felony. I'm just saying that it's possible.

I'll look into that this week. Def possible.

 

[Justyntym]

Well a couple things...

First of all it defies common sense (screw the law) that you can't record a public
official. I look it like a dna test...if you got nothing to hide and did nothing wrong
what's the big deal. The fact that the LEOs are squirming about it makes
my point.

Real law enforcement I support 100% (not speeding enforcement or state hall
monitors...I mean troopers). However, the fact this idiot pulled a gun on a bike
speeder is laughable...you gonna shoot him for speeding, not to mention he is
in an unmarked, plain clothed and didn't identify till later. John Wayne here should
have his handed to him.

I personally never advocate nor would I run from the police. Although I think
the LEO could spend time better than playing hall monitor and speeding is a
victimless crime (yeah I know it raises revenue, all on the pretence of "my safety"...yea )
running from the police severely raises the stakes and
consequences from just speeding into a whole nuther realm. Drawing a gun
on a biker though....to save him from "certain death" of speeding...we'll just shoot him.

If society were really concerned about public safety on the roads...
HOW ABOUT A LEGIMATE DRIVERS TEST and maybe banning cell phones ???
How about turning your keys in at a bar and not getting them back unless you
pass a breathalizer or have a designated driver (yeah I know lot of flaws
in this one)

I do like the one I read the other day from a fellow forum member...how about
your unable to turn the wheel unless the blinker is activated.

 

[mr8ball]

As usual the cops think they are wright again. He is lucky his ass wasn't shot. I know a few that carry and he would have got it if it was one of them. That guy is some Barne Phife wanna be just trying to make a name for himself. Sorry but i dont have much faith in our so called system anymore. Now days what ever the cops want to do its ok and in a court of law if you dont have tons of money for a lawyer you are going to get the shaft. I wish this guy the best but i really think he is doomed. JMHO Most cops dont want to do their real job, They would rather sit on side of the road or hide in a corner to give someone a speeding ticket then go out and face the real world's trouble and do something about that.

 

[mammothmc]

If you actually pay attention to the video......

The rider didn't even pass this "cop" until right before he exited the highway. The off duty never saw the wheelie or the triple digit speeds........

it was iffy before on his actions, but now that I saw that this was his reaction just over speeding?????

Dude needs to find a new career

 

[BIG GUY]

you guys are hilarious......

dude ran his bike at a high rate speed, wheelieing thru traffic....endangering others.

jumped off the freeway trying evade....and when the cop pulls in front him, he tries to back up and leave....


gun went back in the holster as soon as the bike was turned off....

the only thing funnier than everybody trying to defend this idiot...is the people thinking they would be able to draw on the cop before he and the cops int he cruiser filled you and your bike with lead....

I sure would like to see where it says he was trying to run from the cops. During the entire time he was on the freeway you never saw him pass a cop and didn't see any flashing lights. If you say he was trying to run from the cops, then why did he just come to a complete stop behind other cars waiting for the light to turn? If I was gonna run from the cops I would not stop for a red light. The officer did not put his weapon back into his holster until well after he touched the motorcycle.

 

[BIG GUY]

Felony stops include having your weapon drawn. Ask any cop.

Lets just say this was a felony stop. I have never once seen a felony stop done where the cop stops in front of the suspect. All the felony stops that I have seen there are multiple cops involved and they all identify themselves.

 

[2busa]

I would hang that LEO or for any cop off duty, to waste his time for some skilled rider doing his thing.

Why was he not stopping cell phone drivers like the plumber I saw in his utility truck making the next call an s&it, < Literally! > Pee poles have toy lets not go that far with the boys in blue.

 

[goblinsix]

you guys are hilarious......

dude ran his bike at a high rate speed, wheelieing thru traffic....endangering others.

jumped off the freeway trying evade....and when the cop pulls in front him, he tries to back up and leave....


gun went back in the holster as soon as the bike was turned off....

the only thing funnier than everybody trying to defend this idiot...is the people thinking they would be able to draw on the cop before he and the cops int he cruiser filled you and your bike with lead....

Ummm...it is not my opinion that the bike attempted to evade the police---people are trying to paint it that way, but it's my opinion that the rider never saw them until the final moments. So this is not correct. The guy riding the bike probably had absolutely no clue that the guy in the sedan was an off-duty LEO, nor did he spot the MSP cruiser behind him.

It is also not my opinion that he tried to leave the scene. All he would have had to do is to swerve left and continue up the ramp. Someone trying to evade would not have slowed as he did. This was not behavior of someone trying to evade. Again---it is not my opinion that he tried to EVADE or ESCAPE. No. He was startled and caught off-guard, yes. That is probably what caused him to drift backwards---in my opnion. I've seen guys run from the cops on bikes...and that was not in my experience a rider trying to do that. Riding like a fool? Yes. Dangerous to himself? Yes. Endangering the public? Doubtful. A bike isn't going to do much harm to a motor vehicle. It's actually the other way around. At speed a motorcycle will deflect off of a car or truck like you flicking a lady-bug across the room. A 450 pound motorcycle is not going to do much to a 6000 pound car when both are moving in the same direction at speed. He was endangering himself pure and simple---he definatelly deserved traffic tickets.

A smart move would have been to radio in his plate and just send a crusier to his house to wait for him there---no muss no fuss. Now our tax money going to be used to settle this ridiculus situation that these two idiots created---IT WAS UNNECESSARY.

 

[Vonderbach]

Lets just say this was a felony stop. I have never once seen a felony stop done where the cop stops in front of the suspect. All the felony stops that I have seen there are multiple cops involved and they all identify themselves.

When you're trying to block a vehicle from running, it's standard protocol. If only one officer was involved, I could see your point, but there were two.

 

[Kento-Moto]

Unbelievable!

 

[turbojonny]

Only person who would have been shot is the rider. The cop had the drop on him. Right or wrong, the cop came out of the car gun first. If I'm on the road doing wheelies and driving like Ghostrider I'm not going think that a guy pulling me over is trying to steal my bike, I'm thinking he's a cop. Don't be silly guys, this biker knew it was a cop. That being said, the cop could have had his hand on the gun and not drawn it. Still plenty safe and no bad press.
If your going to drive like a douche you get what you get.

 

[HT_USMC]

Yeah, that's my take too...sorry, but I have to agree, guy shouldn't have posted it up for public viewing. Doesn't bother me that he was busted for it...

Michelle, it's not often that you and I disagree. That made me think for a minute about why that might be in this case. After thinking about it, I realized what exactly I disagree with.

The reason the video was post up was because the kid was scared seeing a person (read: not a cop to his knowledge at the time) cut him off, then aggressively get out of the car with a pistol, while yelling at him. Right or wrong, that's the reason for posting it up. I agree to some degree that the pistol might have been overkill but I also understand the LEO's position with his own safety and the safety of the public should the guy run.

The problem I have with all this? What right does the government (local, state, or federal) have to tell any citizen they cannot use and share video that they own? This is not a smear campaign. Nothing was changed about the video (even the infractions were left as-is). He's simply posting and thus basically asking if this was "okay". He post up REALITY.

The issue I have is this: If we can't show video of law enforcement in the instances where we feel they are wrong, without fear of another charge or series of charges being thrown at us due to only the video being aired, then who polices the police in each of these cases?

It should NOT be a crime to display REALITY. What are these agencies afraid of? Just how often do these things happen to warrant such strict measures?

If, in this case, the officer is in the right, a simple press release saying such should suffice. Problem solved. If he's wrong, train the officer(s) better and don't make a stink about it. Admit fault and earn the support of your citizens for being responsible (read: honest, not perfect).

Don't hide behind the law to make citizens afraid to speak up.

 

[skydivr]

They aren't charging him for having the video; they are charging him for what they found ON the video.

 

[Phrogg]

From what I understand, they plan on charging him for the audio of the video. Which in fact they do have a law in Maryland prohibiting such thing.

The term “intercepting deviceâ€￾ means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to a subscriber or user by a communications common carrier in the ordinary course of its business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business.

and then

The term “interceptionâ€￾ means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.

Oh and of course government officials are exempt from this.

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Now he was recording both visual and audio, but the device doing the recording was not hidden and was in COMPLETELY PLAIN VIEW! So it will be interesting to see where this goes.

I believe these laws to be Maryland's scapegoat for situations like this. I believe that if they can record me without my permission. Then I should be able to do the same to them.

As far as the cop pulling is gun out. I personally wouldn't have done that, unless I thought the motorcyclist to be armed and dangerous. Now I would have had my hand on my weapon just in case a quick draw was required. Otherwise, how many traffic stops do you see where the police draw their weapon out. The undercover should have definately identified himself before drawing his weapon. Identifying yourself as a police officer should be one of the first to things out of your mouth. EX: "Stop, Police"!
I don't know about the rest of you, but if someone has their weapon drawn on me and I don't know who the "F" it is. My eyes are glued onto them. The squad car behind at that point would have been irrelevant to me. I know who the "F" that is! The guy in in front me of though, with his weapon drawn and no clear identification on him. That would be my primary concern. He could have been just some other "Joe Schmo"! I would have been backing up as well away from the guy/gun.

Like I said it should be interesting to see where this goes.

 

[HT_USMC]

They aren't charging him for having the video; they are charging him for what they found ON the video.

Ah - I misunderstood. I thought they were charging him for the posting of the video.