Maryland police once again use wiretapping laws to crack down on videographer


Police in Maryland again used illegal wiretapping charges to arrest someone videotaping them in public.

This time it was Yvonne Nicole Shaw, a 27-year-old woman used her cell phone to videotape cops talking to people in her neighborhood after they had responded to a noise complaint.

She told police she was videotaping them “for the purpose of trying to show the police are harassing people,” according to a news article.

She ended up getting harassed herself.

St. Mary’s sheriff deputies seized her phone and arrested her on the same felony wiretapping charge that Anthony Graber was arrested on in April, meaning she is also facing five years in prison.

The Graber case has been getting all kinds of media coverage lately, including a Washington Post article today that mentioned Photography is Not a Crime as well as a segment on WUSA9 in which I was interviewed via Skype today.

In the Washington Post piece, the prosecutor in the Graber case said he was “surprised” that the story has gotten so much attention. I guess he expects Americans to just give up their rights without even an outcry.

The attention the Graber case is receiving has surprised Harford prosecutor Joseph I. Cassilly, who said his office has prosecuted similar cases before, including one within the past year against the passenger of a car that was stopped during a drug investigation who started taping officers with a cellphone camera. Cassilly said he didn’t know the status of the case because the prosecutor handling it has been out sick.

The prosecutor in the Shaw case seems to have a little more sense.

“Cell phones are so pervasive,” the prosecutor said, “that recording something that occurs in public raises a question of whether or not it’s unlawful. If I’m convinced this was a public encounter that just happened to be recorded, I probably will not proceed with the prosecution. The facts will probably bear out that it was not a private one-on-one conversation.”

Comments

Anonymous
Anonymous

Cameras uncover the lies. Confidence men rely on lies.

That’s why cops love cameras as much as the Pentagon loves Wikileaks.

Aggressors hate the truth being told and viewed.

Whenever people have power over others, those who hold the power become jerks.

Anonymous
Anonymous

The filth really seem to be getting agitated with the camera, good.

Anonymous
Anonymous

What is it with Maryland being one of the most corrupt places for the 1st amendment?

Anonymous
Anonymous

When England threated to arrest anyone taking a photo a officer hundreds showed up at Scotland Yard with cameras, you need to do the same in Maryland, a gathering outside a police station in mass with cameras, clog the courts.

Anonymous
Anonymous

I would not be caught dead in Maryland. The cops there are one of the most corrupt arrogant forces anywhere. Look how they are treating shooters, the actions of there swat teams, and there head up there asses approach to every thing they do.

Anonymous
Anonymous

This is the email for the asshat prosecutor for the Graber case.

jicassilly@co.ha.md.us

Anonymous
Anonymous

“What is it with Maryland being one of the most corrupt places for the 1st amendment?”

They are just as corrupt with the 2nd amendment as well. It is very telling of how a state treats its people when it levels laws against video recording in public and restricts their rights when it comes to owning and/or carrying firearms.

Anonymous
Anonymous

Ah, because it’s a one-party ruled state?

Anonymous
Anonymous

Cassilly hasn’t worked a day in the private sector so it’s not surprising that he has no clue about restraining government tyranny. He is the tyrant.

http://www.msa.md.gov/msa/mdmanual/36loc/ha/html/msa14104.html

Anonymous
Anonymous

Why hasn’t this been brought up before:

“St. Mary’s State’s Attorney Richard D. Fritz (R) said Tuesday that “one may not surreptitiously record another person,” but that the law’s nuances arose during an investigation of former President Bill Clinton’s relationship with Monica Lewinsky, whose comments about the relationship were recorded by another woman, Linda Tripp. A charge against Tripp of violating the Maryland law was dismissed because that particular statute requires proof that the defendant knows the law.”

Anonymous
Anonymous

The ACLU is getting in on this case and is defending. Also, they state that they intend sue.

Anonymous
Anonymous

Lol, is that why so many people on the Miller webpage call me a jerk? lol!

Anonymous
Anonymous

From the Injusticenews feed, charges against Shaw have supposedly been dropped.

http://www.somdnews.com/stories/06232010/entetop163018_32318.shtml

State’s Attorney Richard Fritz supposedly said “Handy had probable cause to make the arrest, but that a review of the case showed that Shaw did not know of the state law against voice recording without consent, and that the police officers’ conversations in a public place is not protected by the statute.”

Post new comment

Pixiq on Facebook

Join the 8114 Pixiq fans on Facebook

Share

  • Share

Subscribe

Get weekly updates from Pixiq. Short, sweet, and always interesting.