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Stacie L. Patterson Law Blog
Posted - 11/29/2010 10:14am
0 Comments | Add Comment Case Dismissed For Man Who Recorded Police Activity
Anthony Graber, a resident of Maryland was facing a prison
sentence for making an illegal recording. Most would argue that if
someone breaks the law, they need to pay their debt to society. That
seems a reasonable argument, but what if the person in question didn't know he
was breaking the law? What if the person's original infraction was minor
and would by all normal accounts, result in a fine and perhaps higher insurance
rates? What if the only thing the person really did "wrong" was
embarrass the officer involved and highlight a department that was already
facing criticism for the questionable habits the force was forming?
Graber was speeding and showboating while riding his motorcycle on
a Maryland road. He had rigged a video camera with audio capability
to his helmet to record the ride. Upon slowing for a traffic light,
a car pulled in front of him and the driver got out brandishing a gun.
Walking toward Graber, gun in hand, the man repeatedly ordered him to get
off his motorcycle. Finally, 6 seconds later the gunman revealed himself
to be a state trooper and issued Graber a citation. The entire
incident with the officer, as well as the preceding motorcycle ride were
recorded on Graber's "helmetcam".
Eventually, Anthony Graber posted his recording with audio on
Youtube.com. A few days later, police officers arrived at Graber's
home to seize his camera and up to four computers. Why? It is a
felony in Maryland to audibly record a private conversation without each
party's consent. Graber faced 5-16 years imprisonment on felony charges
for his "crime". His arrest led some to wonder if Maryland
police were trying to deflect bad press and find some justification for the
inappropriate way the state trooper executed the stop.
On September 28, Harford County Circuit Judge Emory A. Plitt Jr.,
ruled that the conversation in question was not private and dismissed the case
against Graber.
If you are being investigated for a crime, contact attorney Stacie
L. Patterson. (619) 269-8074
