Motorcyclist jailed for 26 hours for videotaping gun-wielding cop
After spending 26 hours in the Baltimore County Jail, Anthony Graber still doesn’t understand what he did wrong.
Sure, the 24-year-old man admits to speeding on his motorcycle, but does that merit having a plainclothes cop pull a gun on him?
Does that merit six state troopers raiding his parents’ home and seizing four computers at the crack of dawn?
Does that merit getting charged with a felony and threatened with five years in prison?
Of course it doesn’t
This is nothing but an obscene case of police intimidation. A Constitutional violation against a man who has served six years in the Air National Guard and who has never been arrested before.
A knee-jerk reaction from the Maryland State Police after Graber posted the video of the cop pulling a gun on him on Youtube (video is below).
That cop’s name is Joseph David Uhler, in case you were wondering. He has no business wearing a badge.
So how come he’s not being punished?
Well, we already know that answer. He’s above the law. They are above the law. The Maryland State Police Department, that is.
Why else would a judge sign a search warrant, allowing them to raid Graber’s parents home at 6:45 a.m. on a weekday, detaining his entire family for 90 minutes, forbidding his mother from going to work and younger sister from going to school while they rummaged through the family’s personal belongings?
And that judge’s name?
That’s a secret.
“There is no signature from the judge on the paperwork,” Graber said in an exclusive Photography is Not a Crime interview Thursday night, just hours after he was released from jail.
“They told me they don’t want you to know who the judge is because of privacy.
Is this America? Where cops are allowed to violate your Fourth Amendment rights – not to mention your First Amendment right to film them – on the approval of some secretive judge?
Well maybe not all judges agree.
“The judge who released me looked at the paperwork and said she didn’t see where I violated the wiretapping law.”
Ah yes, the wiretapping charge. That old standby that cops use when you happen to videotape them in public while they are on duty when they have absolutely no expectation of privacy.
Sure, the First Amendment supposedly allows us to photograph police in public. Numerous court rulings have determined that.
But now cops have turned to irrelevant wire-tapping charges to crack down against those who video them in public.
Those laws are designed to protect people whose voices are recorded in telephone calls. You know, when you actually have an expectation of privacy.
Fortunately, most judges end up throwing these charges out of court when the cops don’t have an expectation of privacy.
The case against Graber began on March 5 when he was speeding on his 2008 Honda CBR 1000RR motorcycle on Interstate 95. He had a video camera strapped to his helmet and was filming the ride.
He sped past Uhler’s unmarked car, who claimed he was popping a wheelie while traveling 100 mph.
And Uhler was only “visually estimating” his speed. He did not have a radar gun, which usually means it wouldn’t stand up in court.
Graber also admits to speeding past a marked car. However, he never heard any sirens behind him and even at one point in the video where Graber looks back, the only car behind him is Uhler’s unmarked car with no lights.
That was when Graber was already exiting the interstate. When he came to a complete stop behind the other cars at the exit, Uhler cut him off and hopped out of his car with a gun drawn, never flashing a badge and not identifying himself as an officer until several seconds later.
Uhler never mentioned that he pulled out his gun in his report.
But he did mention that he spotted “a strange looking object on the operator’s helmet that was later realized to be a video camera.”
And he did mention that he cited Graber a single citation for traveling 80 mph in a 65 mph zone.
So what’s the problem?
Well, Graber decided to post the video on Youtube, which made Uhler look like a thug.
In fact, if you look at the video, you’ll notice Uhler glance at the marked unit behind Graber and moved his gun behind him, as if trying to hide it from the other officer, before tucking it back into his pocket.
After all, an officer is only supposed to pull out his gun if he believes his life is in danger. Surely, that doesn’t happen with every traffic stop. Does it?
Ten days later, Uhler discovered that Graber posted the video online. Two videos. A longer one without audio and a shorter one with audio.
That prompted Uhler to issue an arrest warrant against Graber, citing that “Graber did not inform Tfc. Uhler that he was recording him by video or audio, thus violating criminal law 10-402(b).”
He also tacked on the charges of “reckless driving” and “negligent driving” to the arrest warrant.
And then six cops raided his parent’s home where Graber is living early one morning.
“They spent 90 minutes there,” he said.
“My mom had to go to work and they wouldn’t let her. My sister had to go to school and they wouldn’t let her.
“I just had gall bladder surgery and had bandages on my stomach.”
In fact, after a phone call to the commissioner, that was the only reason they didn’t arrest him on the spot. They told him he had to turn himself in when he got better, which he did.
“I just wanted to do the right thing,” he said.
When he showed up to the jail, they set his bond at $15,000, which is a little extravagant considering there is a maximum $10,000 fine for a wiretapping conviction.
He spent 26 hours in jail before he was released upon his own recognizance. The judge who released him took one look at the report and said that it didn’t appear he violated the wiretapping law.
“She said, ‘I have no idea why you’re charged with this’,” he said.
In fact, Maryland requires there to be an expectation of privacy in order to make that charge valid, according to the National Conference of State Legislatures.
State courts interpreted laws to protect communications only when parties have a reasonable expectation of privacy
The incident has left Graber with a serious distrust of police.
“I’m now afraid of the police. Afraid of what they can do to me. I’ve never been arrested in my life before this,” he said.
He is now making arrangements to sell his motorcycle because he doesn’t feel comfortable riding it anymore.
And he is waiting for his preliminary trial to see if prosecutors will decide to pursue this case.
And as for Uhler, well he’s still roaming free to terrorize the citizens. Just as he did in Graber’s video below. And below that is the arrest warrant, which did not come out great but I am working on producing a better quality version with his Graber’s personal info redacted.
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Comments
Stupid THUG COP. I know you’re reading this. Not only shouldn’t you have a badge, you should be locked up for assault with a deadly weapon. You didn’t identify yourself as a cop before you pulled your weapon. If I did that, I’d be in jail since I’m not a cop. You probably feel like you have to make up for certain “anatomical shortcomings” by waving your gun around and intimidating people.
Get off the force and go do something that won’t endanger the life and liberty of other people. Start with moving to the Australian outback where you’re not within 100 miles of anyone.
Guilty: Contempt of cop.
Sentence: 26 hours in jail and indefinite loss of computer equipment.
Judge: J. Uhler
Jurors: J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler, J. Uhler
Appeal: N/A
He’s already been tried, convicted and punished. Too often there’s zero protection against this sort of cowboy justice as long as there’s some shred of probable cause.
Although, hint hint, if the officer wrote you way less than he could have, you seriously need to think twice about pissing him off while he can still add charges.
I really hope that he files a lawsuit.
Can’t wait to hear how much the cash settlement is for this one!
Mark Kalan´s last blog ..Kodak Kodachrome Motion Picture Test
Any more details about this J Uhler? Just one more that shouldn’t have a badge.
http://www.google.com/search?q=j+uhler+maryland
It’s too bad someone who’s actually been in the armed forces and fought terrorism isn’t allowed to fight terrorists like J. Uhler.
Michaelk42´s last blog ..Getting somewhere, before we forget
Here is the website for the Maryland State Police:
http://www.mdsp.org/
Here are contacts: Maryland State Police Headquarters 1201 Reisterstown Road Pikesville, Maryland 21208
(410) 653-4200 (800) 525-5555 (410) 486-0677 (TDD)
And since the state’s governor & lt. governor is at the top of that website it means he is the one we have to contact to complain:
http://www.governor.maryland.gov/mail/
http://www.governor.maryland.gov/mail/ltdefault.asp
Please be courteous & professional when you call or write to complain.
Can anybody here clarify that if a warrant doesn’t have a judges signature on it then it isn’t worth the paper it’s printed on?
If this is the case then J. Uhler and his cohorts just made the most asshat move of their entire careers.
What a douche!
Workingindust´s last blog ..After Ride Party
Absolutely police intimidation. They should be punished but never will be.
mepsipax´s last blog ..Looking for love
dragon cop is everywhere
In reading the original post about this incident, it appears that Graber paid the fines for his driving and the case was closed. Now they are charging him with reckless driving and negligent driving. It seems to me that he has answered for his driving. Doesn’t this amount to “Double jeopardy” and violate his Fifth Amendment rights?
This demands a serious internal investigation into the drafting of that warrant and the execution of that warrant.
I hope this man sues and wins big.
Who did he assault?
An Equal Protection argument will beat the ‘wiretapping’ by videotape charge, since cops are allowed to record video/audio of citizens without warrants. Note that the TV station uses that same videotape on its broadcast, which is now a public record as evidence in the case. Undercover cops always testify (testilie) in open court, subject to videotape and broadcast.
All speeding charges can likewise be beat by Equal Protection, since cops are never allowed to speed (chase) without both emergency lights (blue) and siren turned on. Either the cop goes to jail for speeding faster than the bike to catch up, or all charges must be dismissed against the biker.
US Constitution… it’s THE LAW!
The gun does matter, since it was “brandished” and not kept in its holster. All cops are required to holster their guns during traffic stops, but keep their hand on the gun ready for quick draw. Instant arrest of any mere citizen who does exactly the same thing.
This undercover unbadged cop made a de facto citizen’s arrest. Any citizen is allowed to make a citizen’s arrest on any person who breaks any traffic law, including citizen’s arrest of any cop. If this case sets a precedent allowing this cop to win in a court of appeals, then any citizen will be allowed to brandish a gun while making citizen’s arrest on any cop for speeding, and to shot and kill that cop, if required, during that citizen’s arrest.
PS: Biker is a current US soldier, paid to kill traffic cops for Uncle Scam. Google Battle of Athens TN, to see how soldiers deal with traffic cops for speeding tickets.
Dear deals,
Give me a message if you are ever in San Francisco. I will buy you a drink.
so if we see someone committing a crime we are supposed to record it with our camera or video device, up until the point the cops arrive then it should be turned off immediately right? Because they can do no wrong, and just to prove it they won’t let anyone tape their methods. Sounds like a police state.
I escaped USA for 8 years living in Europe and working in US Air Force, where my govt job was loading nukes on supersonic bombers aimed at US troops in West Germany, and controlled demolition of nuclear bombs on active US military bases in highly populated areas on England. No stinkin speed limit in Germany, where I drove 130 mph in formation with commuter traffic for 3 hours nonstop, 100% legal. I also raced semipro on TV in England, where I was paid to drive 150 mph in front of 100,000 cheering fans. That was before the illegal alien Gatso invasion. History Channel’s Modern Marvels The Autobahn proved it’s safer to drive 212 mph on a public highway in Germany than drive 55 mph on a US interstate. USDOT and Ralph Nader report that it’s 6 times safer to speed than drive a posted speed limit. Plus the Constitutional right to travel without a driver license internal passport under the Communist Manifesto, without which no cop has jurisdiction for a traffic stop, and no court has jurisdiction for traffic tickets. Duress voids all contracts… that’s THE LAW!
It’s a felony in Germany to block the fast lane below 130 mph on the Autobahn. German police chief said so on History Channel. AmericanAutobahn.com
@SJ It’s obvious that the officer had a big problem with his behavior. If he thought he was justified in his actions then why would he arrest the biker for simply posting a video of the incident. The camera doesn’t lie. A gun drawn is a gun drawn. This officer is probably relieved he didn’t point the gun at the biker. Is it your stance that cops should have their guns drawn at all times until they _know_ the people around them are unarmed? Because, like you said, the officer couldn’t know that the biker _wasn’t_ unarmed so it’s okay to draw a weapon on them because they were speeding.
The cop holstered his weapon only when he saw the other cop. That much is obvious from the video.
Even at 110 a bike is exceptionally unlikely to kill people in car. About the only way it happens is an extreme-speed T-bone where the gas tank penetrates through the side window and detonates in the passenger compartment. That’s not going to happen on the freeway.
What’s with the bit around 0:46 where he slowed and waited for a gap to pass? If you’re already that far illegal you way as well split, even if your state doesn’t approve. (There’s a lot wrong with California, but in my book legal splitting makes up for damn near all of it.)
And seriously, only 110 on a newish CBR? Did he make it out of 2nd gear?
Dear Gov. O’Malley:
It is the behavior of law enforcement officers such as Joseph David Uhler, not to mention the action of a judge in redacting his/her own own name from a warrant, that have left me believing that the testimony of police in a court of law is less reliable than that of another witness. When a few of those responsible for enforcing the law so blatantly violate that law, the result is that they impeach the credibility of all in the justice system.
I am certainly not the only person who feels this way, and unless Uhler is prosecuted for his crimes, police credibility will continue to erode. Not even during the civil rights struggle of the 1960s did police dare to commit these crimes.
Michael Owen Sartin
“Well, we already know that answer. He’s above the law. They are above the law. ”
Exactly, their unions are way to strong, at worst the cop will get transferred or suspended with pay. This $hit has to stop.
You have to wonder, what would have happened if the camera wasn’t rolling? I was stopped last week by an overzealous cop while driving a car with a dealers tag on it, the cop had the nerve to tell me that he could have arrested me on the spot for TAX EVASION!
If I only had video…
The Straw Buyer´s last blog ..What’s the damn rush Detective Baluja?
Nice controlled wheelie bro….
Glad that coppa isnt in Aussie, he would probably have shot me for the speeds i do…lol
This is why we need to stop bullying in schools…cos the victims turn out to be cops with attitudes.
I reckon alot more people will come forward with alot of allegations about the angry man with the gun.
And stick them both in the same cell
That’s 130 KPH, not MPH. Big diff.
he only put his gun away when he seen the other cop he was def in the wrong. if a man would have pulled a gun on me I would have hit him with my bike.
Joseph D Uhler, Maryland State Police Badge #3316TFC, Work Location (2008) Golden Ring Barrack
(410) 866-3867, 8114 Philadelphia Rd, Rosedale, MD 21237-2849?
Cases of official misconduct like this should be reported to the local FBI field office.
Ask the FBI to help investigate a bad cop, unsigned warrant, secret judge and malicious prosecution.
http://baltimore.fbi.gov/
@SJ,
Of course you don’t have a problem with the officer’s behavior, you’re a fucking retard.
To be fair, it is tax evasion if it is used for personal use because it is not registered, and that the dealer plates are meant for test drives/ transferring cars, but that law is not often enforced.
@SJ
I didn’t know the bagger at the grocery store this morning_wasn’t_ armed and/or going to shoot me immediately, so I brandished my firearm. Once I realized he was an unarmed citizen I holstered my weapon. May the bagger shouldn’t have been grabbing my property. I have no problem with my behavior.
Jeeze I’d be calling the real cops if some guy jumps out of a car brandishing a gun and claiming to be a cop. He didn’t even show his badge! Or do they only to that on T.V.?
I certainly hope there are charges filed against this “police officer”.
That slimy cop deserves to be fired and be bagging groceries. Drunk with power loser.
Maryland is a ccw state. If Joseph D Uhler continues to draw his firearm on people, he will end up dead or creating a great financial loss to the taxpayers after killing someone who felt they were in grave danger and defended their self. The state of Maryland now knows or should have known Joseph D Uhler is a danger to the public.
Its a good thing that PUNK-ASS cop didnt come out of his car with his gun out on me. I would have got off my bike and we would have had a very SERIOUS ass whippin…or his funeral. Punk-ass cops like him destroy the integrigity of all the good cops. The police chief there needs to grow some balls and fire that dude. Anyone can get out of a car yelling STATE POLICE. I saw no badge…just a big mouth and his meanest bad-boy look he could muster. But since it turned out like it did, I would find me a lawyer…if I hadnt of shot the idiot…and go after the whole damn force. All in All…come to Texas and pull that crap BOY…you will go back home in a box.
Typical police behavior. In a country where judges and police can kill at will, I think the motorcyclist was lucky the cop didn’t shoot him on site. Sounds like trumped up charges when he found out he was filmed abusing his authority by waving a gun when not in danger. I am surprised at the judge too, even signing a warrant for those people to be terrorized at home. This is a definite symptom of a police state.
You mean the judge whose name was not on the warrant?
Hey tough guy, do yourself a favor and never try to “ass whip” anybody packing a handgun. It’s a noble sentiment but it’ll get you killed and the “punk-ass cop” would have a defense that’d let him skate, the DA would probably not press charges. Sometimes it’s just better to quit the field and fight that battle another day under better circumstances. I’m guess’n the victim of this atrocity will end up with a nice big payday from the state of MD and when it’s all said and done the “punk-ass cop” is going to be flipp’n burgers at McDonalds.
Don’t you plebes know that feeding at the public trough bestows bestows superhuman intelligence, power and priviledge upon the feeders, politicians, judges, police, dogcatchers and sundry other functionaries.
Your correct response is self prostration and the spreading of your cheeks.
Only terrorists and their supporters do not submit.
It isnt being a “tough guy” Rusty…when he puts his gin back in the holster and looks down…then pulls his shirt back over it…that is when to strike and I mean hit him as hard as you can. By the time he hits the ground…I have my gun. Maybe we both die…who knows, but a public service would be done if he gets shot and killed. Maybe its just me with too much military…fighter pilots dont put up with anyone’s crap, but I will not tolerate some cop abusing his authority on me. His ONLY safe avenue is to kill me, because I will not only get mad…I will get even.
Cop needs to be jailed for 10 years or more for his unlawful assault with a deadly weapon and “kidnapping”. Thats what would have happened to anyone not a cop who pulled that crap.
The other cops and the judge need to be tried, convicted and HANGED for their treachery to the Constitution of these United States. They have clearly abused their authority in an unlawful and unconscionable fashion, crapping upon the basic liberties of this once great nation to cover up the first thugs misdeeds.
Thebes´s last blog ..TnT-073 Haitian Zombies Find Mass Grave
I have seen numerous car vs. bike accidents where the car driver swerves to try and avoid the high-speed moron, for example, and goes under a semi., or touches off a chain collision of four-wheelers.
“Graber did not inform Tfc. Uhler that he was recording him by video or audio, thus violating criminal law 10-402(b).”
http://www.michie.com/maryland/lpext.dll?f=templates&fn=main-h.htm&2.0
§ 10-402. Removing human remains without authority.
Am I missing something, here?
SJ you poor mislead soul…
On a freeway?
When would a car have occasion to avoid someone overtaking at high speed on a freeway? I understand how a bad pass might play out on a 2-lane, or failure-to-yield/unexpected closing speed at an intersection, but not on a divided highway.
An aborted lane change (because speed led them to mis-estimate closing time) might be a little exciting, but the lane they came from should still be empty.
Maybe you’re talking about people not acclimatized to splitting freaking when they get split on? I’ve certainly had plenty of people go by fast and close when I’m in my car, and yeah, having someone surprise you going 40mph faster than you 3 inches from your mirror with a 9k rpm roar is a little startling, but I still have a hard time imagining someone flinching so hard they lose it. But hey, people do lots of things I have a hard time imagining
when the balloon does go up soon, just aim for the head on these thugs, or start at the FLAG PATCH on their sleeve, and let the muzzle kick work you into the neck and head area.
stupid nazi son’s of bitches they are!
Paul, have you ever heard of the phrase “loose cannon on the deck”? That’s what comes to mind when I read your posts! Smack’n a cop who has just holstered his sidearm is going to land your butt in the slammer for a LONG time. It just ain’t worth it. This dog turd with a badge is vulnerable from other angles.
The NSA monitors all I-net traffic.
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