Plain cloths LEO lucky he didn't get shot by motorcyclist

HootmonSccy

HootmonSccy

New member
I am NOT a big fan of the ACLU, but I do hope they take on this case...

The guy was going 100 mph down the highway, popping wheelies, and was pulled over by a plain clothes cop in an unmarked car. Cop got out, gun drawn, and didn't announce he was a police officer until he had already rushed the biker and told him to get off the motorcycle (at least 5 seconds). Biker posted the video on YouTube, so the cops threatened to arrest him for illegal wire tapping because the cop did not give his permission to have his voice recorded.

The prosecutor thinks the biker was purposefully trying to insight a police officer to record the video in a "gotcha" type of thing to post on YouTube and that is why he was wearing the video camera.

ACLU says he was on a public street, the camera was clearly visible, and can record video and audio of whatever he wants as long as it's on a public street.

In my opinion, this officer is lucky he did not get shot!!! Then to turn the tables and charge the motorcyclist with illegal Wire tap?? What a Crock of &%%* - I'd want to shoot the guy just for cutting me off like that.. Not really, but I'd be upset!!!

Story from CNN

Unblurred part of the video
YouTube- Motorcycle traffic violation - Cop pulls out gun
 
Police should be held to a higher standard, no?

IMHO, it should NEVER be against the law to film police officers in the commission of their job. Not interfere, mind you, just record.
 
Boomboy007 said:
IMHO, it should NEVER be against the law to film police officers in the commission of their job. Not interfere, mind you, just record.
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They always use the line "If you have nothing to hide" when they want to record us, but look at the stink some of them put up when they get recorded on tape. They even threaten people with jail time and criminal charges, which is what I'd call abuse under color of law.

Don't get me wrong, it's stupid and illegal to do 100mph and pop wheelies on the freeway, but it's a seperate issue when the cops threaten people with false claims to intimidate people.

Link Removed
 
Dumb ass move which deserves big time traffic tickets.

But as for the recording, public street. They have no case. I hope he makes more money than our New England friend who was drawn down on for open carry.
 
playing devil's advocate here, this is what my mindset tells me:

Off duty cop sees dumbass doing wheelies and whatnot at 100mph, so training clicks in. There's probably a point where he goes on auto pilot and isn't even thinking about the fact that he's not in uniform, so he does what he'd do were he on duty. I don't fault him for doing anything but not identifying himself properly. And he actually does: He never directly points the gun at the doofus on the bike, and he says "Get off the motorcycle! Get off the motorcycle! State Police!" Pretty cut and dried to me. I guess the question is: unmarked patrol car or POV?

Now, as far as the video, and the guy posting it to youtube . . . well, I guess the case against him is cut and dried. If I'm going to video myself doing 100 MPH and wheelying down the freeway, I'm for damn sure not going to post it to youtube *after* I get cited!
 
Just a thought,if we can not record cops without their ok, how can they record us with dashcams without our ok? Double standard? Ok my thought for the day.
 
LGH said:
Just a thought,if we can not record cops without their ok, how can they record us with dashcams without our ok? Double standard? Ok my thought for the day.
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Some Lawyer will get a BG off because he was caught on a Security Camera by using this same standard....
 
Nothing wrong with this stop.......guy on the bike is breaking all kinds of laws, gets stopped by officer who draws his sidearm anounces; get off the bike, get off the bike State Police" and then holsters his weapon. Cut & Dry!! My only problem as I have been stopped by an unmarked car with a plain cloths in it that in this day and age any one can buy a Crown Vic, lights etc and start acting like a cop to do whatever. not sure but I think that actaully just happened here in IN around Indy. It gets scary when you honestly cant tell the real cop from a fake BG. as for the video......public land all the way around and he can video the situation. I would think the bike rider was actully doing this stupid stunt for the express purpose of putting it on youtube and the cop just happened to get in the way.
 
mojo said:
Nothing wrong with this stop.......guy on the bike is breaking all kinds of laws, gets stopped by officer who draws his sidearm anounces; get off the bike, get off the bike State Police" and then holsters his weapon. Cut & Dry!! My only problem as I have been stopped by an unmarked car with a plain cloths in it that in this day and age any one can buy a Crown Vic, lights etc and start acting like a cop to do whatever. not sure but I think that actaully just happened here in IN around Indy. It gets scary when you honestly cant tell the real cop from a fake BG. as for the video......public land all the way around and he can video the situation. I would think the bike rider was actully doing this stupid stunt for the express purpose of putting it on youtube and the cop just happened to get in the way.
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My issues,
it's more than 5 seconds before he states he is a policeman (and anyone can say that, no badge shown)
He is not driving a Crown Vic.. He is driving a Chevy Malibu
What was the threat that caused the policeman to pull his weapon?? He would have been better off jumping out of the car with his badge in his left hand and his right hand ON his gun.

The bike rider was wearing a helmet and most likely gloves (this would have been obvious to the officer).. The chances of him being able to pull a weapon quickly is unlikely, so why did the officer pull his gun again???
IF it was to stop the biker from riding off, was it really the policeman's plan to shoot a fleeing felon with so much traffic around??? I'd hate to defend that shooting with a plain cloths officer as a police lawyer..
 
The fact that it is a Chevy and not a Ford was not the point...........anyone can go purchase a car that is currently used by police, add lights etc. that's the point to not being comfortable being stopped by an unmarked be-it ford chevy dodge or RR.
The officer seeing this idiot doing 100 + doing wheelies is putting the public at high risk and if he felt it was necessary to draw thats a split second call he made and like I pointed out he immediately holstered the weapon.
 
Just watched the video about 10 times.

If it had been me, I would have drawn on the guy, which would have probably ended in his death if he pointed that gun at me without identifying himself.

For all the rider knew for the first 5 seconds or so, he was an irate motorist intending grave bodily harm.

The LEO should have IMMEDIATELY SAID, "State police!", AS SOON AS HE WAS EXITING THE CAR, not 5 seconds after he had already drawn his gun and closed the distance to the rider.

The bad thing is that video would have proven my innocence, the LEO screwed up BIG TIME!
 
100% agree with the motorcyclist. He's willing to take his lumps for the traffic tickets, but there was absolutely no reason the officer needed to draw his gun. I don't know the exact wording of this wiretapping law, but I have a hard time lumping visible video cameras in with wiretaps. If you don't want someone to record you doing something, don't do it, right? BTW, in MD there are now cameras to enforce speed limits in construction zones, and signs posted all along the highway saying so. Why can they record us but we can't record them?

AND they came and confiscated his computers?!?!:mad:
 
utimmer43 said:
AND they came and confiscated his computers?!?!:mad:
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Whoa, didn't know they did that. Well this guy is gonna have one hell of a lawsuit. Wiretapping laws don't apply to public domain, IE you can record anything you want in public which is why they can use traffic cameras.
 
I think we're missing the point.

Dude on the bike is a dumbass. Deserves what he gets.

Gun was never pointed at the biker. And it was probably more like 4 seconds before the guy identified himself.

Yes, people on both sides screwed up, but the biker is in the wrongest.
 
Area Man said:
I think we're missing the point.

Dude on the bike is a dumbass. Deserves what he gets.

Gun was never pointed at the biker. And it was probably more like 4 seconds before the guy identified himself.

Yes, people on both sides screwed up, but the biker is in the wrongest.
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The biker deserves a reckless driving ticket (three or more offenses in one incident) and deserves to be penalized accordingly. However, Just because you break a law or two does not make you give up all of your rights, nor does it give an officer of the law (especially plain clothes) the right to do whatever he likes..

Again, what was the "threat" to the officer, that demanded he pull his service weapon?? I've asked this a couple of times now, and nobody has answered the question.

I know if I pull my concealed weapon, the first question the officer is going to ask me is "What threat were you trying to stop". Well maybe the second question after, "where is your gun?"

What the biker did was foolish , irresponsible and dangerous (Mostly to himself), what the officer did was reckless and could have cause someone (including bystanders) to get shot..

As to the wire tap charges, it has to do with the MD law about the audio - I guess it's fine to video. BUT if one person objects to being recorded (audio) then it can't be recorded..
But does that mean you can record (audio) until the person says no I don't give permission??

In most of these types of issues it comes down to "does a person in a given situation have a reasonable expectation of privacy" In this case, I believe the answer is NO, since you are on a public thoroughfare.

So it looks like the state is adding insult to injury in this case.
 
Area Man said:
I think we're missing the point.

Dude on the bike is a dumbass. Deserves what he gets.

Gun was never pointed at the biker. And it was probably more like 4 seconds before the guy identified himself.

Yes, people on both sides screwed up, but the biker is in the wrongest.
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Actually I think they both created a dangerous environment that could have led to death and from my perspective the officer was far more aggressive. The gun was completely unnecessary.
 
Unfettered Might said:
If it had been me, I would have drawn on the guy, which would have probably ended in his death if he pointed that gun at me without identifying himself.
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So Unfeathered Might, you would have drawn on the guy standing 3 feet in front of you, weapon already in hand?

I think it would have been you that ended up dead. Such false bravado.... :cray:
 
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