Pixiq

“Fritz said Tuesday that Handy had probable cause to make the arrest….”

If the officer had probable cause, then there should be a case against the arrested. Clearly this is another case where the state (in this case) knows there was no law violation, yet they do whatever it takes to back and protect the cop from future discipline and/or legal issues.

She still needs to file a lawsuit. I understand that cops may not memorize the exact verbiage of every law, but they should at least error on the side of no on scene arrest until they review the law.

Don’t we have enough examples for a class-action lawsuit?

The real problem here is how the law describes ‘wiretapping.’ Apparently the law was written far too broadly and/or vaguely and needs to be fixed. Judges ought to be tossing any cases that cite it.

Fritz is a former public defender.

Cassilly is a life-long blood-sucking leach.

I’m not saying that explains their different interpretations, buuuttttt…

My guess is a judge tosses it out rather than waste taxpayer money letting the jury toss it out. Either way, Graber is out lots of time & money. Can Graber request the county cover his legal costs?

I also predict that Cassilly will retire very soon.

“Can Graber request the county cover his legal costs? ”

I thought the ACLU was taking this case for
him pro bono.

Awesome!

Police doing it = Public Safety, The public doing it = Borderline terrorism. This country is becoming more and more of a police state everyday.

Scott: Yeah but saying that for every article on this site doesn’t actually accomplish anything. Call the Governor of Maryland, and the State Attorney. And the DA’s office.

With every cell phone carrying a camera and the new iPhone capable of shooting movies, what the cops in MD gonna do – arrest every body for holding up a cell phone?

Probably.

Someone said this in a previous blog entry, but I agree with it 100%. Maryland photographers, videographers, and anyone else with a camcorder should stand outside their local police stations in force, with every camera trained on police. It needs to be focused, well organized, and it needs to happen everywhere in Maryland (and other states that use the wiretapping law against citizens). Let them know that the people won’t take that type of shit from them anymore. Protest enough to get the law changed.

Carlos asked…
“Furthermore, Maryland Attorney General Joseph Curran issued an opinion in 2000 that specifically stated that police officers who happen to record citizens during traffic stops with their dash cams were not in violation of the state wiretapping law.

So how come citizens are not afforded that same protection?”

Cops have exemptions in most, if not all, states. From Maryland code Section 10-402…

(4) (i) It is lawful under this subtitle for a law enforcement officer in the course of the officer’s regular duty to intercept an oral communication if:

1. The law enforcement officer initially lawfully detained a vehicle during a criminal investigation or for a traffic violation;

And, of course, government, including law enforcement, is exempt from this statute…

Section 10-403

(a) Except as otherwise specifically provided in this subtitle, any person who manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, is guilty of a felony and is subject to imprisonment for not more than five years or a fine of not more than $10,000, or both.

I imagine possession of the new keychain camera is a felony in Maryland.

“Intercepted” implies that you were not intended to hear the communication. How would that imply in public?

This is being viewed all too narrowly. The problem is the wiretap law, which was ill-conceived from the beginning. Why should one have an expectation of privacy when talking over air or wire to another person? In other states, the consent of either party is sufficient, and that consent is implied if one party to the conversation releases it.

This law shelters those who use telephones to harass, threaten or defraud the public. If one were to ask for the permission of such a perp to record the conversation, what do you think the answer would be? But because of this law, it is likely that the injured party, rather than the perp, may be arrested, prosecuted and even sent to prison for protecting himself.

ACLU, this is a chance to prove you’re not just a lefty front organization.

I know this deputy personally, I am an old friend and ex coworker. You should only try to walk a mile in his shoes. Lexington Park is a nasty ghetto and the ” I am afraid of the police and or your only arresting me because I am ______ “is thrown into the mix so often. People put down police officer all the time, because they do not understand trully what their jobs are. But those same people are the first to call when their dead beat husband is beating them or when their house is being robbed. When a call for a fire or a accident comes out it is the police officers who get their first. Guess what…. by the time the fire fires get there… the deputy has been in the house already and with no gear. I would like like the police either if half of my relative were in jail.

opps typo! was a little pissed! I would NOT like the police eithier if half my relatives were in jail!

Z i hate to say it but your missing the whole point of this thread. this is about a law that is used against the public when we chose to assert our rights.

@Scott Smith “This country is becoming more and more of a police state everyday.”

People who say such things have a rather naive view of our past.

Yes, these abuses need to be curbed. Yes, it’s important for our democracy. Yes, the new technologies makes this even more important . But, no, it’s neither hopeless nor unprecedented. Generally, our government is more transparent and more accountable now than it has been in the past.

So, be vigilant and informed, but there is no reason to despair.