You may recall the story in June about a motorist who videotaped a police officer writing him a ticket and posted the video on YouTube. He was arrested and charged with violating Maryland’s wiretap law. The prosecutor claimed that police exercising their public duty have an expectation of privacy. The You Tuber was facing 16 years in prison.
Well, some activist judge dismissed the case.
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."
Pitt’s decision is the first ruling in Maryland to address the legality of citizens taping police in the course of their duties. Because it is a circuit court ruling, it is not binding on other judges. However, unless it is appealed, said Graber’s attorney, David Rocah of the ACLU of Maryland, "it is likely to be the last word" on the matter and to be regarded as precedent by police.
No word yet on whether the state’s attorney will try to appeal the decision. Graber still faces traffic charges stemming from the incident.
No word on whether he got his four computers, external hard drives, thumb drives and a camera back that police confiscated.
(Cross-posted on Commonwealth Commonsense)