In a stunning blow to oppressive big government misapplication of laws against honest citizens, a Hartford county circuit judge bitch slaps the state of Maryland, and rules that a citizens use of a camera to record the rogue actions of its state troopers, who pulled a gun on a speeding motorcyclist, do NOT fall under the antiquated wiretap laws of the 1970′s.
We have been following this story of the motorcyclist who was charged with violating wiretap laws when a blatantly obvious camera was attached to top of his motorcycle helmet. And while he was speeding and popping wheelie’s on the freeway, is there any reason for a Copper to pull a gun on him???
Judge Emory A. Pitt Jr. had to decide whether police performing their duties have an expectation of privacy in public space. Pitt ruled that police can have no such expectation in their public, on-the-job communications.
Pitt wrote: "Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation. ‘Sed quis custodiet ipsos cutodes’ ("Who watches the watchmen?”)."
Graber was also charged with possessing a “device primarily useful for the purpose of the surreptitious interception of oral communications" — referring to the video camera on his helmet. The judge disagreed with the prosecutor that the helmet cam was illegal, and concluded the state’s argument would render illegal “almost every cell phone, Blackberry, and every similar device, not to mention dictation equipment and other types of recording devices.
Exactly our point, since every mobile phone, digital camera, and even the iPod Nano records video with audio. There are hundreds of digital recorders and to stretch the law to say they are intercepting something is ludicrous.
Ask any knuckle dragging Neanderthal what an interception means. He will tell you that its when the the defense catches a pass intended for a receiver. It’s plucked out of thin air.
AM/FM audio bugs do just that. Pick up "The Boys From Brazil," with Gregory Peck, and they use an audio bug that some little Ponchito picks up on his radio, as he is flipping through the dials. A bug intercepts a communication.
Or a wiretap, it intercepts a telephone call.
So HTF can can a recording intercept? It can’t; it only can record, and unless a new law is made to not record video with audio with a hidden camera, I see all Unconstitutional actions by the Government getting bitch slapped also.
And we will let you know about our challenge to our illegal seizure of 3 shipments of spy cameras that threatens to kill this entire industry.
Blithering garbage or praise for our website will be marked as SPAM & deleted promptly. We don’t mind posting comments that relate to the topic. Off point or BS comments are quicly marked as SPAM, so keep your crap off our blog, dig?
Wendell the Chameleon
Spy & Surveillance Products Expert