View Full Version : Unmarked cop draws gun on a traffic violation.
Llama Juice
June 22nd, 2010, 10:14 AM
Anthony Graber, 25, is facing charges for violating Maryland's wiretap law for taping a traffic stop in March along I-95. He was prosecuted after posting his video of the stop on YouTube.
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(He doesn't get pulled over until about 3:10 into it, but the rest is relevant to know the context of him being pulled over...)
After this video hit youtube his house was raided by six cops and they confiscated four computers, apparently he's facing up to 16 years in prison for violating this law.... all because he showed exactly what happened.
Was the cop in his right to pull the gun on this man?
Dwood
June 22nd, 2010, 11:12 AM
He barely even showed any of being pulled over. I'm more outraged that he's being prosecuted for having his helmet camera on. There's no way the cops can win the case because the camera was on BEFORE he was pulled over. Hopefully the judge will be sane about it.
sleepy1212
June 22nd, 2010, 11:50 AM
didn't show badge until after weapon was drawn
didn't need to draw weapon
routine traffic stop, low fines likely
probably not enough motivation to pursue the charge on the video
Sel
June 22nd, 2010, 12:05 PM
Link to an article?
Kornman00
June 22nd, 2010, 12:18 PM
I would have kept going. How the hell am I suppose to know he's a cop. Of course I wouldn't have been going over the speed limit either in the states. Europe (since they have open stretches), but not the states.
Pretty sure he started flashing his lights or siren before he even made it to the light. How can he get pulled over for something he is yet to have done? How would pulling his weapon out BEFORE his badge not constitute excessive force (http://en.wikipedia.org/wiki/Excessive_force) (which isn't just physical force)? His car was unmarked and his person was unmarked. Could have easily been confused with someone impersonating a state officer, or someone trying to jack you since he pulled out a weapon while saying "get off the motorcycle" without identifying himself. They have uniforms for a fucking reason.
Also, Miranda warning? He's telling him to put his hands behind his back and slapping some cuffs on him but I don't hear the decades old speech you're suppose to be given when you're arrested.
E: nvm, "required to be given by police in the United States (http://en.wikipedia.org/wiki/Law_enforcement_in_the_United_States) to criminal suspects (http://en.wikipedia.org/wiki/Suspect) in police custody (or in a custodial situation (http://en.wikipedia.org/wiki/Custodial_situation)) before they are interrogated to inform them about their constitutional rights". Wikipedia (http://en.wikipedia.org/wiki/Miranda_rights).
thehoodedsmack
June 22nd, 2010, 12:26 PM
There's no way the cops can win the case because the camera was on BEFORE he was pulled over.
The issue is that he posted police evidence online without permission.
Also, I'd like to hear sound throughout the whole video. He looks behind the motorcycle while riding at one point before being pulled over, and I think you can see the marked police car that was with the unmarked car. It could be that they started signaling him to pull over. At that point, the guy knows he's being pulled over, and the plain clothes officer's don't seem as ridiculous. Still, he should have shown his badge first-thing.
Cojafoji
June 22nd, 2010, 12:50 PM
Been following this story since it first hit. Pretty much a sloppy side of bullshit on the side of the cop. That being said, I think that it was reasonable for the rider to have posted the footage, mainly because the expectation of privacy is usually voided by a police dash cam that should be running in most cop cars during traffic stops. Though that really only covers the video portion, and since he was recording audio, he broke the consent portion of the wiretapping laws of his state.
Anyway, this is why we need to revise wiretapping laws and protections of videographers, photographers etc.
paladin
June 22nd, 2010, 02:46 PM
his badge was on his belt... at 3:26, you can see it. And undoubtedly you can see it from the riders pov
sleepy1212
June 22nd, 2010, 03:14 PM
his badge was on his belt... at 3:26, you can see it. And undoubtedly you can see it from the riders pov
but not prior to him drawing his gun, which was nearly out by the time he completely exited his vehicle.
ICEE
June 22nd, 2010, 04:20 PM
his badge was on his belt... at 3:26, you can see it. And undoubtedly you can see it from the riders pov
Regardless, the cop should actually draw the badge before ever drawing a gun on an unarmed, nonthreatening perp of a nonviolent crime. The first thing you think when a man approaches you with a gun and tells you to get out of your vehicle is "Carjacking". That cop should be decommissioned.
rossmum
June 22nd, 2010, 05:27 PM
Not only should the cop be struck off and possibly even charged himself (as should any cop who feels the need to draw or use a weapon on a nonthreatening person), but those laws need immediate revision. I generally side with the police when there's a big shitfight here (90% of the time some mother who sees her kid for an hour a day is crying that they got shot or tased or otherwise harmed because they ran at the cops with a weapon and clear intent... go figure), but when you can't release a video of a genuine abuse to the public domain, things are pretty bad. I don't know what setup you guys have for investigating screwy police behaviour there; usually I'd go to them before releasing anything, then do it if they just sweep it under the carpet. Either way, he shouldn't be facing any charges and they sure as fuck should not have raided his house.
The worst part is that when you get pricks like these who do abuse your power, everyone just assumes all cops are like this and start doing everything they can to make their jobs as difficult as possible. It's fucking ridiculous.
paladin
June 23rd, 2010, 02:03 AM
maybe the cop saw him when he was going 82 on the interstate. If the speed limit is 60, 22 over is reckless driving (especially on a crouch-rocket). In Wa State thats up to a 5 year prison sentence, loss of license for 3 years, a $5000 fine, and quite possibly a hasty police officer. I'm not saying the officer was right, but the video doesnt show when the cop saw him, just that he pulled up from behind him when he stopped. Theres obviously way more to the story than what can be seen from the helmet cam.
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