Motorcycle Speeder Charged With Felony For Posting Traffic Stop Video on YouTube.

A Maryland man now faces up to five years in prison after he recorded  his traffic stop last month in Harford County. Graber was speeding with his motorcycle with a camera attached to his helmet recording his ride. A State trooper in an unmarked car pulled over Graber for reckless driving. The trooper is seen in this YouTube video that Graber posted, jumping out of the car and telling Graber “Get off the motorcycle, get off the motorcycle! Get off the motor cycle, State Police.” The trooper is seen pulling his gun immediately after getting out of the unmarked car. It’s not until five seconds after he exits the car that he identifies himself as a Maryland State trooper.

Maryland is a two-party consent state. That means you can’t record somebody without telling them. It’s a felony to break that law. That’s exactly what state police told the motorcyclist when they came to his house more than a month after he’d been pulled over. “I don’t want to go to jail. I haven’t really done anything wrong. It wasn’t a violent crime. No one was injured. No one was hurt,” said Graber. That ultimately is to be decided by a judge. 

My personal opinion is that Graber was recording before he was stopped. If I saw somebody in plain clothes stopping me and pulling out a gun, I would have thought I was getting robbed. Graber stopped recording after the state trooper identified himself.

Zipper's

38 Responses to “Motorcycle Speeder Charged With Felony For Posting Traffic Stop Video on YouTube.”


  1. 1 Ken Glenn (Rat Judge) Apr 10th, 2010 at 9:18 am

    I would like to know why this cop is drawing his gun in a traffic stop with no evidence of threat to him. There has got to be more to this story. Why was this guy pulled over by a plain clothes cop in an unmarked car? Something isn’t right here.

  2. 2 Dylan Apr 10th, 2010 at 9:21 am

    They can record us but we can’t record them? Seems like BS to me.

  3. 3 Ken Glenn (Rat Judge) Apr 10th, 2010 at 9:27 am

    Ther is a longer version of the video that shows what he was doing before the stop. He was speeding. But the question is still “why the gun”.
    YouTube Video.

  4. 4 Paul Apr 10th, 2010 at 9:42 am

    America the great and free .
    What ever happened and when did it start ?

  5. 5 ger Apr 10th, 2010 at 3:36 pm

    think that cop was over reacting,
    if the lad was just speeding.

  6. 6 bikerspaceman Apr 10th, 2010 at 4:37 pm

    there is obviously more than one state trooper present and the one behind the bike is definitely well marked. It appears that he was starting to back up on his bike. the video doesn’t show the events leading up to being stopped so there may be a good reason the cop had his gun out. Looks like he shouldn’t have posted this on Youtube…..ain’t technology wonderful!

  7. 7 Walt Lumpkin Apr 10th, 2010 at 6:05 pm

    The video shows the biker speeding and weaving in and out of traffic. He freely admits he was speeding and deserved the ticket.

    In general I support our peace officers but some over react to the most mundane circumstances. If a plain vehicle tried to stop me with no lights (I didn’t notice any lights flashing at the rear of the car) and someone jumped out with a gun I would have probably started backing up too or would have tried to run him down to protect myself. There are a lot of nuts out there and the cop should have identified himself immediately after leaving his vehicle.

    The state of Maryland is noted for its crooked politicians (Spiro Agnew comes to mind) so they probably passed this dual consent law to keep anyone from recording them taking bribes or rigging bids. This way the blame for bad behavior can be deflected to the one recording the misdeed.

    They can now say, “Don’t believe your lying eyes, you didn’t hear me say anything.”

  8. 8 golfish Apr 10th, 2010 at 6:36 pm

    bikerspaceman, look at the link posted by Ken Glenn…To me, the bike was going faster then most but not really driving reckless. There’s even a car that he passes and then comes back and passes him.

    I’d be backing up too if some guy jumped out of his car with a gun and didn’t ID himself as a cop.

  9. 9 BadMonkeyMW Apr 10th, 2010 at 7:29 pm

    ‘The land of the free, whoever told you that is your enemy’

    — Rage Against the Machine

    ‘F**k Tha Police’

    — NWA

  10. 10 FutureCycle Apr 10th, 2010 at 10:29 pm

    I’m about to get my motorcycle license. I now know what states to avoid riding through.

  11. 11 nicker Apr 10th, 2010 at 11:09 pm

    Paul,

    RE:
    “…America the great and free . What ever happened and when did it start ?…”

    It started when we stopped paying attention.
    “Freedom isn’t Free,” it requires time and participation.
    This is what happens when “all i want to do is ride” and don’t want to get “involved.”

    Just “doing your thing” has never been enough. You can only coast so long.

    Find out who’s running for office and support the one you think is the best…. (even dog catcher)….
    Write letters, join the AMA, NRA, VFW…… etc. etc. etc.

    Trust me, i’ve got better things to do than go to town hall meetings and political events.
    But it’s all part of the being an American.
    Stuff you should have learned in HS Civics.

    It’s like not knowing how to fix your scooter when it brakes.
    You only get away with it as long as your cell phone is charged, your road-side assistance is paid up, and your scooter is new.

    Put 100K on that puppy and let all that other stuff slip through the crack and your gonna be at the mercy of whoever comes along. You’ll be hollering “Hay Obama, universal road side service is a Right”.

    (And don’t tell me it cant happen here)

    -nicker-

  12. 12 Bigalyts Apr 11th, 2010 at 12:17 am

    Maryland Troopers, I remember being stopped there years ago and loosing my Fuzz Buster that was hidden in the (Slick) I thought, Kleenex Botique Box. Remember them. Law is still very much in force. I stashed my Escort when I drove through in September. The Cock Roach, Troopers would confiscate your Radar unit even now, and hidden as well. Radar Detectors are AGAINST the Law in Md. and clearly Posted. The only other reason to be there is for the Garlic Crabs and Anthoney’s Roast Beef Sub’s at the entrance to Ocean City. THE BEST EVER!

  13. 13 JimC Apr 11th, 2010 at 10:51 am

    If someone in a plain car stopped me and jumped out pulling a gun without IDing himself (saying he is a trooper and showing his badge) I would probably have run him over. That trooper needs to have his ass handed to him because his actions could have resulted in him getting hurt and the kid shot dead. There is a right way and a wrong way to handle a situation like that and that trooper handled it the wrong way.
    As far as the kid getting arrested for posting this video-what a load of BS and the reason they (Maryland Justice system)are mad about this is that he posted a pic of one of their plain clothes troopers and because the officer clearly did NOT handle the situation correctly.
    There is a time and a place to get an attorney involved to help protect your rights and this is one where the kid should go for the throat. On one hand,he should pay his ticket for speeding,ect but on the other hand,his rights were violated and the trooper overreacted which like I said could have resulted in him getting injured and the kid shot. I would not have been backing up,I would have gunned it and run him over and would have been self defense until such time as he identified himself not only by just saying he is a trooper but by showing his identification as well. It could have been anybody pulling a gun on him. If I was that kid or his family,I would be pissed off by what that trooper did. I agree that the police have a difficult job and deserve our respect for what they do every day but there is a lot of them that go above and beyond the line as to where right ends and wrong begins. I agree with some of the above posts in that we have let this happen and it is time that all of us get more involved as to what laws are being passed,ect Just my .02

  14. 14 freedomlaw Apr 11th, 2010 at 11:24 am

    The motorcyclist is not breaking the law. There was no criminal intent. He happened to be videotaping when a state trooper walked into the field of vision with a gun drawn. He could not make any sudden move to turn off the video camera without getting shot. Thus, he had no free will. Although Harford County is notoriously tough, I believe this is a NOT GUILTY verdict through and through.

  15. 15 dynamic Apr 11th, 2010 at 11:39 am

    look at the long version posted (ken – rate judge) you’ll see the hwy patrol at 1:06

  16. 16 Dave Blevins Apr 11th, 2010 at 7:25 pm

    I believe one can can video without consent (while in public anyway), it is the recording of the voice that is usually not allowed without consent of the other party.

  17. 17 CA Apr 12th, 2010 at 12:28 am

    Seems like this is normal in this region. DC Cop Waves Gun at Snowball Fight.

    http://www.youtube.com/watch?v=uAgQKJuriIo

  18. 18 chuck Apr 12th, 2010 at 10:33 am

    I have been pulled over by county and state cops more times then I can remember for speeding. One particular time a marked New Mexico stater pulled me over and pulled his gun, asked me to get off the bike. But I was traveling over double the speed for over 20 miles while he was trying to catch me, I didn’t have any traffic in my path, and didn’t know he was behind me, until I slowed down and say his lightsin my mirrors he told me I passed him while he was hidding with his radar on. But he was marked and was wearing a uniform! What would of happened if this rider pulled out even a bigger gun on Mr. bad ass. Mr. bad ass never showed his badge, I see no lights on Mr. bad asses car. How was the biker to know he was a cop. Anyone can say they are a cop and pull a gun. There are two sets of laws, one for them and one for us and they seem to make the rules up as they go.

  19. 19 Bob Robertson Apr 12th, 2010 at 4:00 pm

    The police do indeed make up the “law” as they go along, and then justify it later.

    Presumption of innocence does not exist. The cop is always assumed to be in the right, first, and the victim has to prove their innocence.

    There was no time to turn the camera off. The police record traffic stops routinely without permission.

    I’ve been lucky, the few tickets I’ve gotten were by police that were just there to collect the money and move on to the next target. No “malice”, unlike what this video shows.

    How could voluntary interaction without the institution of coercion, “anarchy”, possibly be worse than the tyranny we have now?!?

  20. 20 Knuckle Nuts Apr 12th, 2010 at 4:36 pm

    This charge is tantamount to nothing less that police harassment and a clear abuse of the public trust. Whether or not Mr. Graber was recording a video in a public place is irrelevant. Whether or not Mr. Gruber failed to inform the other party he was recording is also irrelevant. Laws such as this are intended to prevent the violation of an individual’s expectation of privacy. Case precedent has determined time and time again that a public employee acting in an official capacity (no to mention in a public place) simply have no such expectation of privacy; and these types of statutes do not apply in such circumstances. The DA who filed these charges should be run out of office and reported to the bar.

  21. 21 raaaaaa Apr 13th, 2010 at 4:01 am

    what is illegal here that he recorded or that he posted it? because he did not have time to stop the camera if he made any suden moved the cop would have shot him….

    and the law doesn’t seem to apply to public. so if all those tourist that go to white house or the statue of liberty record me standing there they are breaking the law

  22. 22 raaaaaa Apr 13th, 2010 at 4:03 am

    those cops showing up at his house where trying to cover there asses……

  23. 23 Thomas O. Apr 13th, 2010 at 8:17 am

    If you break the law, the police will bust your ass. Period. When will you people get this through your head. If you are not smart enough to avoid getting caught, it is your own fault.

  24. 24 Joe Apr 14th, 2010 at 5:49 am

    The cop had every reason to pull his pistol.
    The cyclist comited a fellony.
    The cyclist needed to see that the cop had the ability to shoot him if he tried to run the cop down.
    The only mistake the cop made was if he did not anounce himself before pulling his pistol.

    As for personal video taping of the incident:
    The cyclist has every right to video what ever he desires, and releasing it to the public as long as the event was in public view.

  25. 25 Sean Apr 16th, 2010 at 10:58 am

    Joe, what felony did the biker commit?
    I’m pretty sure that as long as the cop has not identified himself, you can continue driving. The unmarked car did not have lights and the cop did not show his badge or identify himself. Once the guy stated he was a trooper, the guy stopped. AND even the marked car didn’t have his lights on.

  26. 26 I am afraid to leave a name Apr 16th, 2010 at 3:28 pm

    So have you guys heard that the felony that they’re charging him with is wiretapping???

    It’s one thing to say that he didn’t have consent to video tape the officer, but the officer admitted that he saw the camera on his helmet when he pulled him over. But then to charge the poor kid with wiretapping and hold him on a $15,000 bond?? To have a judge sign a warrant, show up at his parents house at 6:45 am and hold the family hostage, but then hide the judge’s name on the warrant and refuse to give it out? I totally agree he should have gotten a speeding ticket, but good lord this is simply revenge on the police’s part.

    I’m probably going to have my house’s doors kicked in tomorrow morning for even posting this. The power trip that a large percentage of the “protectors” in this area have is beyond alarming, it’s been happening for years. The difference today is that there are cameras everywhere, and they’re catching the “protectors” doing wrong. And they don’t like it, so they’re bringing up false charges to cover their own behinds.

    Read this new summary of events…. http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/

  27. 27 alan Apr 19th, 2010 at 7:24 am

    this make me sick

    at home this cop do the dishes and wipe the floor and never get a bj
    and he his a man on a street, but only with a gun !!!!!!

  28. 28 TruthSeeker Apr 21st, 2010 at 9:36 am

    Well, after watching the video it seems quite obvious that he has Been running from the police. There are a total of 3 state police possibly 4 from what I can see in the video. If he was calmly pulling over why must I ask did the state trooper have to get in front of him to stop him? Also it looks like he was still trying to run and that is the reason for the gun being pulled out. Note that there are 2 MARKED state troopers on his tail. The guy is lucky he didn’t get thrown off his bike. I mean come on you know you are getting pulled over when there are 2 marked cars on your ass. In my opinion the guy deserves what he gets for attempting to flee the police and maybe that’s what the video was going to be about in the first place.

  29. 29 Leo Apr 25th, 2010 at 6:45 am

    You can clearly see at the end of the video two or more State troopers (behind him). He knew he was being chased and he knew the un-marked car was police. The trooper had his gun drawn when he first got out of the car and at that same time the bike was backing up. The trooper then puts the gun away as soon as he sees the Motorcyclist is not a threat to run or otherwise. I had a VA state trooper pull a gun on me 25 years ago because, I tried to give him my registration that I could’nt find at first. It was not his fault it was mine. He told me to stay in the car and I did’nt. In this case we don’t know how long, He tried to evade the police: and yes that matters. The police are human, they want to go home to their families at the end of the day just like you. When you have a total disregard for the safety of the public, putting innocents at risk (by wreckless riding and excessive speed ) . They react, sorry They are human and you would do the same.

  30. 30 John May 15th, 2010 at 10:38 am

    Why is it that they (the police) can have a camera and video us but we can’t do the same is it because of officers like the one pictured in this video that break the law and do not want to get caught? My opinion is that the officer should be disciplined for his actions so hopefully this doesn’t happen again and next time to one of us. I am all for the law but only if it is done lawfully and fair.

  31. 31 almetcalf May 26th, 2010 at 3:30 pm

    This is why I hate police. This nut needs to be fired. My guess is they saw a law suit coming because the cop pulled a gun out for a traffic violation and so they jumped all over this video trying to take the heat off themselves. This cop should be fired, but heck, if we fired all the messed up and crooked ones there would be less than 10 percent left.

  32. 32 joe eckart Jun 13th, 2010 at 3:03 pm

    We can all try to figure out what was in the head of both the officer and the biker. Either way , it doesnt matter. I understand that the biker was issued many a citation for his alleged acts and he paid the fine. I personally think there was an overreaction by the unmarked car officer. Point is, still no one was hurt. As far as the Felony charges now laid on the biker, not for the crimes he was cited for but for posting a video that was taken in public is ludicrous. Shame on the officers for pursuing this charge and double shame on Joe Cassily for misinterpreting the law. The intent of the law needs to be examined and the intent is so that we do not have voyeuristic content being displayed. In areas where you have a presumption of privacy, you should not expect to be videotaped. In public, you do not have a presumption of privacy and therefore, the biker did nothing wrong. He wasnt asked to turn off the camera but he did. So where is the felony…. This is why people mistrust our legal system. Stupid stuff like this, and for what?

  33. 33 Melee401 Jun 18th, 2010 at 2:15 pm

    The cop shold be arrested and convicted of assault with a dangerous weapon and the prosecutor who not only convened the grand jury but also lied to it to get the raid should be arrested and convicted of intimidating a witness.
    That is what they did and this is what should be done.

  34. 34 Swiseemeava Jul 15th, 2010 at 3:29 pm

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  35. 35 Argus Webster Sep 29th, 2010 at 2:27 pm

    What would the founding fathers think of the Gestapo police state that we now have.
    Plain clothes, unmarked car, pulling a gun immediately used to get you killed.
    Some cops are sadistic, power tripping lunatics with badges.

  36. 36 ruben soto Oct 20th, 2010 at 5:52 pm

    state police was wrong all the way,did not show id at all when getting out of car,rookie cop,bk rider get a good lawyer and take him to court do it for all bk riders please.some cop are out of control thank god for video camera i say keep on recording thas the only way to stop this crap.

  37. 37 Osoyascar69 Jul 25th, 2011 at 3:26 am

    sadds

  1. 1 All Charges Dismissed For Posting Video Recording Of Motorcycle Traffic Stop On YouTube at Cyril Huze Blog – Custom Motorcycle News Pingback on Sep 28th, 2010 at 8:36 am
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