Over Zealous Law Enforcement

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Able Danger

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#43
Oct 13, 2010
 
A recent arrest in Maryland is both typical and disturbing.

On March 5, 24-year-old Anthony John Graber III's motorcycle was pulled over for speeding. He is currently facing criminal charges for a video he recorded on his helmet-mounted camera during the traffic stop.

The case is disturbing because:

1) Graber was not arrested immediately. Ten days after the encounter, he posted some of he material to YouTube, and it embarrassed Trooper J. D. Uhler. The trooper, who was in plainclothes and an unmarked car, jumped out waving a gun and screaming. Only later did Uhler identify himself as a police officer. When the YouTube video was discovered the police got a warrant against Graber, searched his parents' house (where he presumably lives), seized equipment, and charged him with a violation of wiretapping law.

2) Baltimore criminal defense attorney Steven D. Silverman said he had never heard of the Maryland wiretap law being used in this manner. In other words, Maryland has joined the expanding trend of criminalizing the act of recording police abuse. Silverman surmises, "It's more [about]‘contempt of cop' than the violation of the wiretapping law."

3) Police spokesman Gregory M. Shipley is defending the pursuit of charges against Graber, denying that it is "some capricious retribution" and citing as justification the particularly egregious nature of Graber's traffic offenses. Oddly, however, the offenses were not so egregious as to cause his arrest before the video appeared.

Almost without exception, police officials have staunchly supported the arresting officers. This argues strongly against the idea that some rogue officers are overreacting or that a few cops have something to hide. "Arrest those who record the police" appears to be official policy, and it's backed by the courts.

Carlos Miller at the Photography Is Not A Crime website offers an explanation: "For the second time in less than a month, a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man."
Able Danger

United States

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#44
Oct 13, 2010
 
When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.

Happily, even as the practice of arresting "shooters" expands, there are signs of effective backlash. At least one Pennsylvania jurisdiction has reaffirmed the right to video in public places. As part of a settlement with ACLU attorneys who represented an arrested "shooter," the police in Spring City and East Vincent Township adopted a written policy allowing the recording of on-duty policemen.

As journalist Radley Balko declares, "State legislatures should consider passing laws explicitly making it legal to record on-duty law enforcement officials."
Able Danger

United States

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#45
Oct 13, 2010
 
Additionally, the pervious posts are correct.

You have a right to remain SILENT. Use It!!!!!!

Look, if the police come up to you asking questions, for whatever reason, trust me, they already have you in their sights as a possible suspect. These guys are in the business of nailing people. They have all sorts of tricks and traps they use to trick you into jail based on YOUR OWN WORDS! They are masters of these techniques. They can and will use you own words and contradictions to make a case against you. Right, wrong or indifferent, you will go down hard if you make a simple mistake or answer incorrectly because you just don't remember small details. Get a timeline wrong, a location wrong, they wll use this to destry your credibility and insist you are lying or hiding something.

These guys are sharks and you need to know how the game is played. Yes, it's a game, but the stakes are very real. Countless people in prison because they mis-spoke and it was used against them.

Oh yea, they tell you, anything you say CAN and WILL be used against you in a court of law.

REMAIN SILENT! Get an attorney! Do NOT talk to the police under ANY circumstance.(other than obvious requests to provide ID) But provide ID only. Offer NO extra information, NEVER elaborate on ANYTHING.

Ask, "Am I being detained?" This is true. Answer direct and reasonable questions directly and in yes, no answers if possible. Answer the reasonable question only. Stop there. Do NOT elaborate or anything. If they press on, ask if you are being detained. After you ID yourself, I would answer every extra question with "am I being detained?"

Do not allow searches without a warrant. Home or car. No warrent, no entry, plain and simple. Don't let them in your home either. They are like Vampires. They can't come in unless you invite them in. Or, they need a warrant. Answer the door, step outside pulling the door closed and locked behind you quickly. Don't even let them peek in. They have laws that, if they see anything in a reasonable "plain view" they can act on it. So never have anything laying out and open.

No, I'm not a criminal, but my college roommate was taking criminal law. I helped her study for exams. Yes, it's a game, you have to know the rules of the game and how they play the game to survive or make/lose a case. The cards are stacked against the citizen who is often out of their league when the game begins.
Been there

La Follette, TN

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#46
Oct 13, 2010
 
knowyourrights wrote:
<quoted text>
I don't have to think about it--because I'm not dumb. You just want to believe that everything your government does MUST be for your best benefit or they wouldn't do it--which makes you naive at best.
If you don't like the laws in this country then your always free to move to another one.
Able Danger

United States

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#47
Oct 13, 2010
 
Been there wrote:
<quoted text>If you don't like the laws in this country then your always free to move to another one.
(rolls eyes) Oh please, yet another stupid topix monkey posted this stupid line Again?!?!?! So that's it huh? That's your answer?

This stupid line get posted around here way too much. What a cheezy cop-out POS answer if ever there was one.

How about, all you people who don't mind a socialist police state go move to ANY Latin country or go visit your buddy Kim Jung, you'll fit right in there.

However, this is AMERICA. We have sovergn rights. It's By the People and For the People. We are supposed to be FREE MEN in this country. Land of the FREE and home of the BRAVE in case you forgot. Not, oh no, the police state is getting too big, I better tuck tail and run. Seriously? Where are you going to run to anymore anyway. WHAT A STUPID COMMENT! I understand laws, and yes, some laws are needed. But it seems now, it's more of a authoritarian dictatorship now than elected officials and police that work for us. I got news for you. They DO NOT feel like they work for you. Want to prove it? Remind one of them sometime that they work for you and see what kind of nightstick party you get.

You'll be in for a rude awakening. It's us against them now, the fairness and equality has long since been stripped away.
IDIOT

Santa Clara, CA

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#48
Oct 13, 2010
 
Jim. I would like to hear your story. I am collecting stories of law enforecment misconduct. Ive heard it all..from people making false confession in order to escape the pressure of the law...polygraphs that are only 40 percent reliable. Google 'innocent people who fail polygraphs' It will contain a transcript from the senete jud committee. So argue that.
CIVIL UNREST

Knoxville, TN

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#49
Oct 13, 2010
 
To CC COP - No one is trying to lessen your value as a public servant, why do you policemen have such a chip on your shoulder? You are just making yourself look like a nutcase with all the profanity and such.

There are amazing law men out there who protect and serve. But, people need more education about their rights as well.

Fact: Call any defense attorney you want (preferably out of CC lol) and they will tell you - COPS ARE ALLOWED TO LIE AND DECEIVE YOU DURING QUESTIONING AND INTERROGATING. They are trained in manipulation to get any kind of confession whether true or false. That's probably why all the criminals here go ahead and plead guilty. You never have to plead guilty.

Having said that, there are only a few bad ones. Most do use common sense and good judgment, thank God.
knowyourrights

Knoxville, TN

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#50
Oct 13, 2010
 
Been there wrote:
<quoted text>If you don't like the laws in this country then your always free to move to another one.
Never said I didn't like the laws in this country. Obviously you are unable to comprehend written English. What I said was--what you are LEGALLY obligated to tell the police is FAR different from what you have absolutely NO OBLIGATION to tell them.
knowyourrights

Knoxville, TN

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#51
Oct 13, 2010
 
cop in CC wrote:
<quoted text>
CC has came a long way since the White Oak 5.
That is entirely your opinion.
cop in CC wrote:
<quoted text>"Knowyourrights " seems to think that you should be able to just commit crime and do whatever you want and not be accountable.
CC Cop--where did I say that exactly? I said what you are LEGALLY obligated to tell is different that what you are not.
cop in CC wrote:
<quoted text>He is living in a fantasy world.
No actually I'm not--I live in reality and see things pretty clearly.
cop in CC wrote:
<quoted text>Obviously he has had a round with the law and has attempted to educate himeslf in prison.
Obviously you have no clue--but just to educate you, I have never had any issues with the police, I mind my own business and go to work every day--so obviously you really don't have a clue.
cop in CC wrote:
<quoted text>DO NOT TAKE HIS ADVICE!
No, don't take my advice--educate yourself--read the Supreme Court decisions and find out what you are legally required to tell them and what you are not.
cop in CC wrote:
<quoted text>IF you are not doing anything evil (cooking drugs, selling drugs, etc.) you have nothing to fear from CC law enforcement.
Of course you don't--and the police and the government are your best friends and they would never--NEVER do anything wrong--just like those you titled the "White Oak 5" "never did anything wrong"--now why did they end up in a federal prison again?
cop in CC wrote:
<quoted text>They may from time to time ask to search your vehicle, but this is the way the police on the street fight the war on drugs.[/Quote]

If you have to ask, then you have NO reason to search--let me say it again or you would not be asking. As for your "war on drugs"--there is no such thing as a "war on drugs"--that was a term coined by Regan.

[QUOTE who="cop in CC"]<quoted text>He is a complete moron.
Look who's talking....
cop in CC wrote:
<quoted text>He knows not the first thing about police work or how vital it is to society.
This is from a law professor and a police officer give at a lecture: http://www.youtube.com/watch...
http://www.youtube.com/watch... is simply some loon that someone has turned loose with a TCA book and a computer.
whatever you say.
cop in CC wrote:
<quoted text>(Some of his information is flawed and may not do him favorably if he tries it on somebody, but its his own fault for listening to jailhouse lawyers)
And what information is that exactly?
cop in CC wrote:
<quoted text>Hey "knowyourrights" the cops arent there to be your (criminal) friend, they are there to keep your ass in line!
Hey CC Cop--I've never had a run in with the police--you really are wrong an awful lot are you not?
http://www.youtube.com/watch...
To Whatever

United States

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#52
Oct 13, 2010
 
You must be a cop, your all about cops do what they want and when someone points out constitional rights.....you're all about prove it, you use that word quite a bit and proof works both ways, when the county is in a law suit for violation of civil rights maybe they will start practiceing the law instead of abuseing their power for their friends
just sharing

Louisville, TN

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#53
Oct 13, 2010
 
I agree that there are bad & good cops. I use to do meth and i was arrested,(in another county) but not covicted(case still pending)I was charged with charges i had'nt even commited, like manufacturing.I had never cooked meth in my life and it was unfair to be accused.The cops already had charges i was guilty of and could be proven but why more untrue charges were added on i don't know.I think it was to get me to turn on others which is not in my blood, but for that reason i'm facing charges i'm innocent of.I am clean now and have been for a long time and now that i been clean i think sometimes cops do that because they are so tired of people they know are dirty getting out of it.I guess that day was just not my day.I got stopped my cc police because someone reported that i was transporting meth(which was untrue)It was 2 cc meth cops that stopped me, told me what was going on and asked to search my car,i said o.k.I knew i was innocent.The female cop was very nice and wasn't nothing like horror stories i've been told since moving to cc.Sorry to be long winded but i just wanted to say i've had good and bad dealings with cops.CC has been fair to me,thus far.
hey whatever

Cleveland, TN

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#54
Oct 14, 2010
 
Hey whatever, Why should I let law enforcement bully the public (or me) and harrass it's citizens just so I can constantly prove I am not a criminal. That's not how it works, JERK!. You are innocent untill proven guilty. Not innocent untill the police decides he wants to arrest you. And there is no law in TN that states you have to have id, so how can they arrest you if you don't produce it?(DUH.) I don't trust the police at all. There is too much corruption. Many of them have huge egos and pysch problems. You live in this fantasy land where all the police are heros and never do any wrong. And hey if you want to give up your rights and allow the police to search you any hour of any day, More power to you. I will fight to protect my rights from improper search and seisure and harrassement from law enforcement.
Jim

Sevierville, TN

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#55
Oct 14, 2010
 
joe mama wrote:
<quoted text>
Everybody is innocent, or so they say....care to elaborate?
Yeah I care. Why would you want to know? There is nothing you can do about it.
But believe me, I am innocent. Have the court papers and to prove it. They are just lucky that I was pursuing other law related happenings at the time.

I am getting ready to check into my record to because I want to buy a gun.
Let's just say that if anything is on my record that isn't supposed to be there from Caryville, I will sue them and I will win.
Jim

Sevierville, TN

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#56
Oct 14, 2010
 
IDIOT wrote:
Jim. I would like to hear your story. I am collecting stories of law enforecment misconduct. Ive heard it all..from people making false confession in order to escape the pressure of the law...polygraphs that are only 40 percent reliable. Google 'innocent people who fail polygraphs' It will contain a transcript from the senete jud committee. So argue that.
If you are legit, I wouldn't mind contributing. But I it's not going to happen on an open forum.(-:
Jim

Sevierville, TN

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#57
Oct 14, 2010
 
<quoted text>IF you are not doing anything evil (cooking drugs, selling drugs, etc.) you have nothing to fear from CC law enforcement.

That statement was totally untrue in my case
Jim

Sevierville, TN

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#58
Oct 14, 2010
 
just sharing wrote:
I agree that there are bad & good cops. I use to do meth and i was arrested,(in another county) but not covicted(case still pending)I was charged with charges i had'nt even commited, like manufacturing.I had never cooked meth in my life and it was unfair to be accused.The cops already had charges i was guilty of and could be proven but why more untrue charges were added on i don't know.I think it was to get me to turn on others which is not in my blood, but for that reason i'm facing charges i'm innocent of.I am clean now and have been for a long time and now that i been clean i think sometimes cops do that because they are so tired of people they know are dirty getting out of it.I guess that day was just not my day.I got stopped my cc police because someone reported that i was transporting meth(which was untrue)It was 2 cc meth cops that stopped me, told me what was going on and asked to search my car,i said o.k.I knew i was innocent.The female cop was very nice and wasn't nothing like horror stories i've been told since moving to cc.Sorry to be long winded but i just wanted to say i've had good and bad dealings with cops.CC has been fair to me,thus far.
Congratulations on being clean! Keep up the good work!
stubs

United States

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#59
Oct 14, 2010
 
Could someone please answer my question?
Orestes

Sevierville, TN

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#60
Oct 14, 2010
 
I think the main problem, and why law enforcement gets a bad wrap, is because the pay is kind of low.
That kind of pay doesn't attract people that are intelligent enough to use common sense and apply the necessary attributes that are needed in each individual and unique situation. You basically have a few good ones that end up frustrated because of the other "bubbas" that apply the same cookie cutter tactics to every situation because that's all they know. They haven't gotten past that; "I will just do what my job requires, and what I have been taught", scenario yet because the whole system, that's been failing for years, isn't good at teaching that there is more to things than what they even know.
Orestes

Sevierville, TN

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#61
Oct 14, 2010
 
stubs wrote:
Could someone please answer my question?
My guess would be because the officer knew the drunk man.
CIVIL UNREST

Santa Clara, CA

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#62
Oct 14, 2010
 
What really bothers me is that people think he answer is a sheriff. Granted ol Perk was not a good one. However the new Sheriff cannot ride in every squad car and know what is going on. If you have a bad experience with an officer or a case - try talking to the sheriff first and if that does not work call legal aid or the ACLU of TN. People think getting new sheriffs is the answer. Not always. The sheriff does have the responsibility to fire crooked cops or put them on paid leave until further investigation though. My advice to the guy with the false charges is to email the aclu of tn aclutn@aclu-tn dot org. I dont think that people wont fight things its the fact they dont have the money too. There is help out there. East tennessee legal aid is on the web also.

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