helmet cam video just on fox news

[Jeff Khoury]

#ygrps-yiv-1257772813 p {margin:0;}Two quotes that come to mind: "All that is necessary for the triumph of evil is that good men do nothing." and: "There comes a time in the life of every human when he or she must decide to risk his life, his fortune, and his sacred honor on an outcome dubious." -Jeff Khoury

----- Original Message ----- From: "Lourd Baltimore" To: "dsn klr650" dsn_klr650@yahoogroups.com> Sent: Friday, October 1, 2010 2:09:23 AM GMT -08:00 US/Canada Pacific Subject: Re: [DSN_KLR650] Helmet cam video just on FOX NEWS Not a lawyer (but took a lot of law classes for my business degree).

 

Most likely scenario is for the MD court(s) to rule that the traffic cop has no reasonable expectation of privacy when he stops a motorist in public therefore the wiretapping law does not apply.  Ironically in 2000 the Montgomery County police asked the MD Attorney General to issue an opinion as to whether the [b]police[/b] were violating the wiretap act when their lapel microphones (connected to their dashboard video cameras) recorded motorists speech without the motorists knowledge or consent.  The AG ruled that a [b]motorist[/b] had no expectation of privacy during a traffic stop therefore the cops were [b]not[/b] violating MD s wiretap law when their dashboard video camera s audio track recorded the motorists speech without their knowledge or consent.  See http://www.oag.state.md.us/Opinions/2000/85oag225.pdf

 

As my grandmother used to say What is sauce for the goose is a sauce for the gander .

 

  I bet the court will agree.

 

So does the MD AG:

http://www.oag.state.md.us/Topics/WIRETAP_ACT_ROSENBERG.pdf

 

[b]From:[/b] DSN_KLR650@yahoogroups.com [mailto:DSN_KLR650@yahoogroups.com] [b]On Behalf Of [/b]Lourd Baltimore [b]Sent:[/b] Thursday, September 30, 2010 2:17 AM [b]To:[/b] DSN_KLR650@yahoogroups.com [b]Subject:[/b] Re: [DSN_KLR650] Helmet cam video just on FOX NEWS

 

 

In the face of revealing my pedantic side....

 

A law, by definition, is not illegal.  However, it may be declared unconstitutional and then repealed.

As it stands, I don't think the current MD wire-tapping law will be declared unconstitutional.  You probably don't want it to be repealed as it exists to protect one's privacy from being recorded without their knowledge.  The problem is the (what I consider) the improper application of the law in order to arrest people to prevent them from recording public officials performing actions under the guide of public duty in public fora.  There is no expectation of privacy in that case and the wire-tapping law should not apply.

 

The ideal solution to this would be a review of the law and amending it for clarity.

The practical solution would be that the law stands as-is, and judge of sufficient authority (higher than a circuit court) makes a binding ruling against improper enforcement (precedent).

What will actually happen, is that when a law enforcement office doesn't like the way you're looking at him/her, he's going ruin your day by throwing you in the slammer regardless of law because he know the judicial system favors the police.

 

Note:  I'll state again, I am not a lawyer, nor trained in law.  This is all based on civics, anecdotal evidence, and countless hours of watching Law & Order (the original, good series).

 

Josh

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[b]From:[/b] Keith Pipkins [b]To:[/b] DSN_KLR650@yahoogroups.com [b]Sent:[/b] Wed, September 29, 2010 2:46:31 PM [b]Subject:[/b] [DSN_KLR650] Helmet cam video just on FOX NEWS  

Judge Neopolotano(sic) stated the police plan to continue arrest until the law is declared illegal. Keith, AR