ACLU Threatening To Sue Baltimore PD For Deleting Man's Videos

Last year, we saw the above video of a Baltimore police officer lying to a citizen about how it is illegal to record somebody’s audio in Maryland.

The cops were roughing up a woman inside a clubhouse at the Preakness Stakes horse races. The man was just a bystander who started recording.

He turned the camera off as soon as he was wrongly informed that it was illegal to record.

But now it turns out that Baltimore cops deleted somebody else’s footage during the Preakness arrest.

And the ACLU is threatening to sue over it.

Christopher Sharp, who was friends with the woman being arrested, began recording with his cell phone.

One of the officers demanded he hand over the phone as “evidence,” which he refused to do at first.

He finally gave in when one of the officers promised to just download the clip and return the phone back to him immediately.

The officer ended up deleting all this footage, including videos of his son that had nothing to do with the arrest, before returning the phone to him.

According to the ACLU press release:

“I’m heartbroken over the videos I lost of my son and I doing things together,” said Christopher Sharp. “The videos were keepsakes of memories like his soccer and basketball games, times at the beach and the Howard County fair. It kills me that the police acted as if it was okay for them to could just wipe out some of my fondest memories. I used to trust police, but now I don’t anymore, because of how wrongly the police acted here, and because it seemed like this was just routine procedure for them.”

Sharp describes the incident in detail in the video below.

All doubts about whether it is illegal to record audio of police in public in Maryland were put to rest after a judge threw out the wiretapping case against Anthony Graber last year.

Comments

Every time I hear one of these stories, I ask myself "Did they try to recover the deleted files"? Just because you delete or format a memory card doesn't mean you can't retrieve the files. Did they even try?

Carlos Miller - Photography is Not a Crime
Pixiq Expert

How do you recover from an iPhone?

If you do your daily backups, there's a copy of everything on the phone in iTunes, and likely if you're backing up your computer properly, with time machine or another method, you'll have yet another copy on an external hard drive.

Yeah, but if a cop grabs the iphone and deletes it, doesn't that mean without recovery software video taken at that time WON'T get transferred during the daily back up?

009

Someone should make an undelete app, maybe it could maintain a copy of all videos and photos or just catch them as they're being deleted or even just work off the same principles of regular data recovery.

Good idea, but what we really need is an app that simultaniously streams the video to an off-site location (cloud?) as it records. That way, there's nothing stored on the recording device to "delete" in the first place. The cops can confescate your recording device all they want, it wont help.

I believe Qik does that, but their software can't avoid the fact that today's mobile networks are much too slow for uploading a live video stream at any reasonable framerate or compression quality.

A better solution is to copy live video to a nearby wifi device. There's Eye-Fi, which is basically an SD card with a built-in wifi antenna, and it offloads incoming images and video to a server via wireless router. But that requires you have a wifi router connected to the internet nearby, which isn't the case out on the streets.

However, Eye-Fi released a software update called "direct mode," which uses your iphone, ipad or android device as a local recording device:

http://www.eye.fi/latest/direct-mode-a-free-upgrade-is-available-now

While you're capturing with a camera equipped with an Eye-Fi SD card, your "recorder" is hidden away somewhere - backpack, pocket or purse.

"Direct mode" looks like the start of technology that reasonably safeguards against theft, confiscation or destruction of a camera.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

So they don't have one for compact flash cameras?

Not directly, Carlos-according to this forum though some SD-to-CF adaptors work with Eye-Fi-

http://forums.eye.fi/viewtopic.php?f=2&t=326

I've been using Nikon's WT-4A wifi adaptor - clunky and expensive but it's worked for ages.

I think it's time to try out Eye-Fi on my pocket cameras. The original Eye-Fi had longer-than-standard SD length, so it didn't fit my SD cameras at the time... but now it looks like it's the standard size.

Pretty good reviews on wired.com and foxbusiness.com: http://is.gd/qk2bHx http://is.gd/jlwzcB

Then there's this pretty cool $50 DIY solution some guy tried out on his D300: http://petetek.blogspot.com/2009/05/50-wireless-tethering-solution.html

The "iPhone Recovery Stick " might work. I've never tried it.

http://amzn.to/lNVgdF

You'll need an application for that, Carlos.

http://www.iphonedatarecovery.org/

009

so it seems that there already is an app for that

$25.00, I'd buy that if I had an iPhone. Well worth the price of admission.

That won't work at all. That application simply transfers data from the iPhone to your computer. That doesn't include deleted files. As far as I know, there's no software available to accomplish this task.

Another reason to have your phone password protected as well.

Their talking about deleted photos what about the destruction of evidence last I heard that was a crime.

Until everyone starts suing for these obvious violations, no one will get their attention! I wish everyone that had a horror story like this would fight back and sue!

In the lawsuit make sure you go after the administration, seeing how they don't have a policy or failed to enforce it and go after the officer for not knowing the law. After all ignorance is no excuse of the law!

I hope they sue the department and win a lot of money.

Never allow a police officer to touch your camera or phone.

Kodak has a pocket digital camera that lets you upload your videos to a cloud (with a WiFi connection), and you can use Google + with an Android phone and instantly upload your videos and pictures too.

Good. They should sue them.

And I bet (thankfully jobless) Salvatore Rivieri is wondering where these guys were back when HE got caught on camera.

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