On April 10, 2010 I posted an article and video about Anthony Graber Charged With felony For posting Traffic Stop Video On YouTube. He was speeding on I95, had a camera installed on his helmet, recorded a police officer pulling a gun on him as he was stopped, was briefly detained in jail, then was accused of violating Maryland’s wiretap law for taping police and posting the video on YouTube. Anthony Graber was also charged with having a camera on his helmet, “a device primarily useful for the purpose of the surreptitious interception of oral communications.” If convicted on all charges, Graber faced up to 16 years in prison.
Judge Emory A. Pitt Jr. had to decide whether police performing their duties have an expectation of privacy in public space. He ruled that police can have no such expectation in their public, on-the-job communications. The judge stated that “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.” Regarding the video camera on Graber’s helmet, he ruled that to prohibit a camera would render illegal almost every cell phone, and every similar device, including dictation equipment and other types of recording devices. All charges against Grabber were were dismissed except those regarding traffic violations. The State Attorney can still appeal the judge decisions. I repost below the video in question (with help of Washington Post report).