Careful where you use your GoPro...it can get you 5 years in the slammer

[JSKeezy]

I have to say I'm a bit shocked by this. Yes he deserved a ticket for speeding and the wheelie, which he got and agreed he deserved. But what happened next? Wow

Here's the news article

http://www.windsofchange.net/archives/so_a_man_in_plain_clothes_and_an_unmarked_car_cuts _you_off_and_pulls_a_gun.html

And here is the video


http://www.youtube.com/watch?v=G7PC9cZEWCQ&feature=player_embedded

[Georgiacbr]

Law's are law's would I stop for an Unmarked car (NO way) too many crazy people claming there police. I had someone do this a wile back down barret parkway and I didn't stop for him but I called this in.

[JSKeezy]

Ur right, not complaining about that at all...But I would have thought i was getting robbed the way he got out :lol:

[Jector]

That was not a good stop. He should have led with a badge, not a gun. What was the point of the gun anyway; was he going to shoot if the rider didn't stop?

And the seizing of his personal property sounds very much like an infringement, never mind that you'd have to be criminally oblivious to miss a camera on top of someone's helmet.

He got busted for speeding, copped to it, paid his fine. That should have been the end of it.

[Mongo]

Been talked about to death on the bbs, there was another cop behind him with a fully marked car evidently. The being put in jail for taping is pure BS.

[bigb996]

thats BS for sure. I thought a cop in an unmarked car and NOT in uniform basically had no rights to do something like that? I would have left if it had been me, woulda thought he was robbing me or something coming out in street clothes. If the marked car was there i would have stayed no questions.

[JSKeezy]

thats BS for sure. I thought a cop in an unmarked car and NOT in uniform basically had no rights to do something like that? I would have left if it had been me, woulda thought he was robbing me or something coming out in street clothes. If the marked car was there i would have stayed no questions.

That is the same thing I would have thought, let alone you lead with a GUN....What if he was armed as well and shot him...I feel that he would have been all in the right to have done it! Yes I see the marked car but thats is HIS job, not a dude in regular clothes

[Eagalicious]

O.C.G.A. 40-1-7. Blue light required for officers enforcing traffic; exception

Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol or of a sheriff's office or police department which office or police department provides law enforcement services by certified peace officers 24 hours a day, seven days a week where the vehicles are marked in accordance with Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights; and provided, further, that a sheriff's office or police department shall not be permitted to have more than one vehicle per agency without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.

[wallypiper]

It didn't happen in GA, John.
And I think the law they have charged him with violating is bogus. Haven't they justified the use of surveillance equipment based on the concept that there is no expectation of privacy when you're in a public place? A law that says you can't record something, sound or video, in a public place seems plainly wrong to me.

The cop was nuts for jumping out of an unmarked car in plain clothes and drawing his gun. What was he thinking? So what if the guy decided to run? There was a marked car right there with radios, camera on the dash no doubt, and uniformed armed trooper. Really bad judgement on the part of the plain clothes guy.

And, in the video, at the end, I don't see the safety bar flashing on the cruiser. I've looked pretty hard at the youtube version and there are several consecutive frames where the bar is visible and it never seems to change. Pretty strange not to have it on, period, in that situation. The car is stopped in the roadway. Very strange.

[Mongo]

A lot of the new light bars will have the fronts off and the back on once they are stopped. Look at GSP sometime, once they have someone pulled over the part facing traffic stays flashing but the part towards the stopped vehicle is off. Makes sense too, the lights have to mess with your vision.

[Eagalicious]

People were making the statements that live in Ga and so I was showing them the Ga code. I know it was not in Ga. Each state has different codes so they are not universal. :)

[impalanar]

Maryland is one of those states where both parties have to know they are being taped, most states only require one. Same thing that got Linda Tripp during the Clinton scandal.

[Barton72]

No one has any clue how long it was before the douchebag off duty cop jumped out of his car until the other unit arrived. It could have been 10 minutes.

[JSKeezy]

He jumped out and within 5 secs... dude turned around and the sheriff was right there......

[Barton72]

He jumped out and within 5 secs... dude turned around and the sheriff was right there......
Gotcha. Didn't watch the youtube one. He should have let the uniformed officer handle it.

[TLR67]

Yep... Cop Car right behind him when he stopped....

[TroyBoy30]

coulda sworn this was already here. musta been one of the 18 other motorcycle forums! :crackup:

bet ya all the charges get dropped and he may even get a decent check out of it!


http://www.youtube.com/watch?v=G7PC9cZEWCQ&feature=player_embedded

[wallypiper]

They might drop the charges relating to the taping. I don't see any reason he would get a check. The cop was pretty stupid and rude but they didn't do anything to him that I saw except scare him.

[Todd]

after watching that you tube vid, i dont see where the off duty cop did anything THAT wrong. It happened so fast, and i would just about bet you that the patrol car with lights flashing was clearly visible in the riders mirrors prior to the stop.

[TLR67]

after watching that you tube vid, i dont see where the off duty cop did anything THAT wrong. It happened so fast, and i would just about bet you that the patrol car with lights flashing was clearly visible in the riders mirrors prior to the stop.

He didnt offer to help take off his Batting Gloves...LOL

[BlueLghtning]

There's a vid floating around of the very end of this tape with audio. The uniformed cop takes way longer then he should have to identify himself as a cop. Let me see if I can find it.

Edit Just watched the clip on the news site and they have the brief part of audio there although they got the officer blurred out.

[Todd]

i dont get it, you guys think the UNIFORMED cop takes to long to identify himself as a cop? ummmmmmmmmm........doesnt the friggin uniform, patrol car, and flashing lights give it away? :wtf:

[wallypiper]

after watching that you tube vid, i dont see where the off duty cop did anything THAT wrong. It happened so fast, and i would just about bet you that the patrol car with lights flashing was clearly visible in the riders mirrors prior to the stop.

Yeah, I would say the flashing blue lights in his mirror is why he pulled over in the first place. He turns around and looks back at one point, then pulls over before he gets to the back of the traffic ahead of him, just before the unmarked car pulls in front of him. You can't see, but you have to assume that the guy in the unmarked car signaled to him somehow to pull over. I've had that happen to me, but the guy flashed a badge at the same time. (Unfortunately for him, he did it just as we got to a split in the ramp and I went the other way. Didn't exactly run but didn't stop either. I guess he didn't really care because nothing ever came of it.)

[dzone]

I am not sure what video you guys were looking at, there are no flashing lights on the marked unit.

[Mongo]

Once they stop, the lights are only flashing on the rear of a lot of cop cars.

[JSKeezy]

I am not sure what video you guys were looking at, there are no flashing lights on the marked unit.
+100000000

Matter of fact, he turned around when he was slowing down and you saw the car behind him....Todd...I see where you are coming from but we are not in that situation. We are spectators of this video...I know if some dude jumps out of a car and PULLS a GUN ON ME (saying i had mine on)... I probably would have shot him.....Plain and simple...

[Todd]

naaaa, i realize we are not in that situation, but the dude knew what he was doing out there, and he knew he was doing some really stupid shit. If that had been me, in the same situation, my first assumption would have been, "oh shit, an unmarked cop saw me doing that stupid shit!" I mean come on people, common sense has to prevail at SOME point.

[JSKeezy]

naaaa, i realize we are not in that situation, but the dude knew what he was doing out there, and he knew he was doing some really stupid shit. If that had been me, in the same situation, my first assumption would have been, "oh shit, an unmarked cop saw me doing that stupid shit!" I mean come on people, common sense has to prevail at SOME point.

You right... i understand im not saying in any way shape of form that he wasnt acting a fool. I have a problem with the presence of an OFFICER who has been trained at some point in time on what the operations are if you are on or off duty. Im pretty sure we have ALL passed some off duty cop officers at a time. He just needs to go back and retake some classes.

[Todd]

He just needs to go back and retake some classes.agree'd 100%. :up: But, like i said, common sense has to prevail for guys on bikes doing dumbass stuff like this. For some of the comments ive seen here how he should be cut a check for the cops actions and all charges be dropped, imo, is some of the stupidest shit ive ever read here. Its almost like saying robbing a bank, that just because youre a motorcyclist is "ok" and you shouldnt have the damn book thrown at ya, or people should feel sorry for you. ;) :rolleyes:

[JSKeezy]

Its almost like saying robbing a bank, that just because youre a motorcyclist is "ok" and you shouldnt have the damn book thrown at ya, or people should feel sorry for you. ;) :rolleyes:

:rofl: (voice of a cop) "Hey did you robbed the bank on your motorcycle.........OK thats cool :rofl:

[Todd]

:rofl: (voice of a cop) "Hey did you robbed the bank on your motorcycle.........OK thats cool :rofl::lol: naaaaaaa, but i did wear my helmet during the robbery, so yanno, its all good. :up:

[JSKeezy]

:lol: naaaaaaa, but i did wear my helmet, leathers and boots during the robbery, so yanno, its all good. :up:

UPDATED :lol:

[Todd]

:crackup:

[Hammerhead]

Hey, hey...some people must rob banks (on their motorcycles) because they've fallen on hard times. They gotta pay for bikes & track days........ Ya cold hearted b*stards.

[SpecV]

http://www.abc2news.com/mediacenter/local.aspx?videoid=22384@wmar.web.entriq.net&navCatId=14

[everyday3]

Freaking bs

[Lazarus]

No its not illegal to ride and record. It is however illegal to record, with audio, an officer.

[willr1]

I understand the law, but wonder what would have happened to ol' boy in plain clothes in Atl, he would be another casulty killed in the line of duty.

[TurboTech]

No its not illegal to ride and record. It is however illegal to record, with audio, an officer.


Why is illegal to record a cop? Do they have something to hide?

[willr1]

No, but you are not suppose to record their conversations without approval or their knowledge. I know in GA, cops use traffic mic's to record you as you have seen on COPS, but again, they are immune from such laws.

[svmtbman]

The law referenced for that state is that BOTH parties must be aware that they are being recorded in a conversation. The law in GA states that only 1 person engaged in a conversation has to know they are being recorded so this would not fly in GA. The law has nothing to do with either party being a police officer at all.

[MrBlah]

that case has not got tossed out yet?

[KTM Rider]

No, but you are not suppose to record their conversations without approval or their knowledge. I know in GA, cops use traffic mic's to record you as you have seen on COPS, but again, they are immune from such laws.

Actually by the very nature of a cop recording audio on their end, the Supreme Court has ruled that amounts to indirect consent for them to also be recorded by John Q Public in state's that allow it to happen.

While every state's law is different regarding the ability to tape conversations, each state's laws can be reviewed here.
http://www.rcfp.org/taping/states.html

In GA, recording any part of a conversation, either audio or video, that you are a party to is 100% legal. According to Maryland law, it is 100% illegal.

http://www.rcfp.org/taping/states/maryland.html

The GA law for your review.

http://www.rcfp.org/taping/states/georgia.html

[KTM Rider]

Though the laws of this great land generally favor Smokeys over Bandits, this is one instance in which (alleged) scofflaws like you are probably in the clear. But the final verdict will depend on where, exactly, you do your motoring.

See, the rules that govern audio and video recording vary from state to state. Thirty-eight states and the District of Columbia require only one-party consent, which means you’re free to stick your iPhone in any conversation partner’s face — even if they wear a badge. But a dozen states mandate that everyone who’s chatting must agree to be recorded. (A full list of state taping laws is available on the Web site of the Reporters Committee for Freedom of the Press.)

But don’t give up hope if you live in one of the holdouts, Bandit. Keep in mind that the cop may well be taping you with a camera mounted on his cruiser’s dashboard. “That at least implies permission for the person stopped to do the same,” says Robert C. Power, a professor at the Widener University School of Law. So feel free to ask the cop if he’s capturing your exchange for posterity; if he is, you can credibly claim a right to do likewise.

Of course, Smokey may not care for your highfalutin’ legalese and could easily decide to slap on the cuffs and let the courts sort it out. So before you push the issue too far, ask yourself this: Just how badly do you want to be the Rosa Parks of iPhone recording?

.

[ROCKER]

Scare tactic, cops/da are trying to cover their ass for a BS stop.


Good thing the biker didn't reach for his walet..................

[Lazarus]

ask yourself this: Just how badly do you want to be the Rosa Parks of iPhone recording?

:rofl:

[jtryz]

In some states it is eligal to record while driving like Deals gap. You are not allowed to have an on dash camera. obviously this is bullsh&%$ and it wont go far. the shit head cop that pulled ut a weapon with no badge, cop car or anything should get fined

[Back Marker]

i don't think it's legal. the cop stepped into a recording announced. similar to a parent shooting videos of their kids and someone walks into the scene. doesn't this happen with newscameras recording crowds and cops being heard in the background?

-a|ex

[Lazarus]

obviously this is bullsh&%$ and it wont go far. the shit head cop that pulled ut a weapon with no badge, cop car or anything should get fined

+1. I wouldn't have stopped. You better call a buddy with a marked car because for all I know you could be wanting to kill me and take my bike.

[The Lazy Destroyer]

doesn't this happen with newscameras recording crowds and cops being heard in the background?


Or reporters asking someone for an on-air interview and they decline with "no comment". Can they turn around and sue the reporters too?

I thought those types of laws did not apply when you approach someone painfully obviously already in the process of recording an event, and that it only applied when the intent was to record the conversation. Obviously this guy didn't intend on recording the officer.

[Petarded]

the shit head cop that pulled out a weapon with no badge, cop car or anything should get fined

+1 ... what a doucher ... if some car trys to cut me off like that I'm not going to stop and make friends ... I would have probably taken off... ESPECIALLY if I see the door opening.

[Back Marker]

+1 ... what a doucher ... if some car trys to cut me off like that I'm not going to stop and make friends ... I would have probably taken off... ESPECIALLY if I see the door opening.

in a high car jacking state, in FL, one can shoot someone doing that and it's perfectly legal. sorta like a no-knock warrant and cops busting in without ID'ing themselves receiving a hail of buck shots. castle doctrine applies to cars.

-a|ex

[Lazarus]

I'm not going to stop and make friends

:lol:

[MONICA]

http://www.georgiasportbike.com/showthread.php?1495-Careful-where-you-use-your-GoPro...it-can-get-you-5-years-in-the-slammer&highlight=Maryland

[Todd]

http://www.georgiasportbike.com/showthread.php?1495-Careful-where-you-use-your-GoPro...it-can-get-you-5-years-in-the-slammer&highlight=Maryland
thank you. i knew this had been discussed here before and was pretty old news.

Merging the two threads now. :up:

[SquireSCA]

The guy drew his gun but didn't really do mych wrong IMHO. I am sure he thought the biker was gonna run, that's all. Could he have identified himself 2 seconds sooner? Sure.

My only issue with this is that the stupid state of MD makes it a felony to record people in public. Seriously, if you are in public, there is no expectation of privacy, especially when the camera is mounted right to the top of the helmet and visible like that.

If it is illegal to film someone without their knowledge, then why can law enforcement record people in surveillance? Isn't that also an invasion of privacy and unconstitutional?

[Lazarus]

The guy drew his gun but didn't really do mych wrong IMHO. I am sure he thought the biker was gonna run, that's all.

And what was he going to do with the gun? Shoot him if he ran?

[MrBlah]

I doubt that MD anti camera law would pass a supreme court test if someone appealed it

[SquireSCA]

And what was he going to do with the gun? Shoot him if he ran?

Probably just a visual deterrent. He kept it pointed at the ground most of the time and put it away pretty fast.

[Reece]

And what was he going to do with the gun? Shoot him if he ran?

This guy did...but didn't bother waiting for him to run:
http://www.georgiasportbike.com/showthread.php?2028-Cop-shoots-motorcyclist&highlight=shoots