Topic: Frustrated Sheriff Arrests Motorcyclist For Wearing A Helmet Camera

[CBGhia]

http://jalopnik.com/5920653/frustrated-sheriff-arrests-motorcyclist-for-wearing-a-helmet-camera

This is not far from me, and I ride this road fairly regularly.  Makes me want to kick the hell out of that fat-ass cop.

[Gurp]

I woul have a lawsuit is i was chris moore.. just saying

[socalenduro]

I have mixed feelings about this one....
Hard to know the true facts, but IF was he in fact riding with a group that was "taunting law officials"

"and this year they continued to taunt authorities watching the cruise, including one Deputy Sheriff James Westbrook."

What exactly did they expect when kicking the bear?
Good example of no one doing the right thing.

Please dont read this and think im on the cops side

[LesterPiglet]

Guilty by association does not work.
Not only was he arrested, he was abused.

[socalenduro]

agreed... as far as the law is concerned...
but far from guiltless

[marknpb]

A friend of mine in Miami is a photojournalist who runs a blog called Photography Is Not A Crime. He posted this story because the cop in this case was much worse than the hooligan biker. He violated the Law and the bikers Constitutional rights. A cop may NOT seize your property...i.e. your camera, unless it was USED in a crime. Just recording a crime IS NOT sufficient reason to have your property stolen. I'm an amateur photographer and there are just too many cases like this where cops think they can seize the camera, or even delete the footage. THEY CANNOT, as court case after court case after court case has proven. It's time citizens know which is the worse criminal, hint... it's not the guys who are acting stupid on bikes and possibly making a few moving violations.

Sorry, I have strong opinions on this subject. Many of my friends have been arrested, falsely, and have ALWAYS come out of court on top, but not before their rights were trampled. The journalist I mentioned, one of his arrests was for resisting arrest! That's right, NO underlying charge at all! He won that one.

You can find plenty of information on cops behaving badly on his site, and others like CopWatch. (no I don't think all cops are bad, but the ones that are....whoo boy, do they go over the top!)

[veloracermike]

Since when is taunting a cop a criminal offense?

[socalenduro]

agreed! there are alot of cops who totally abuse their power.
(and im sure alot of great ones, i just havent met them)

my only point is if you hang out with dogs, dont be surprised when you get flees.... just be sure you have a good flee collar (lawyer)

[LesterPiglet]

I'm just wondering if it had been a group of cars how would it have went.

[socalenduro]

if they were street racers?
prob the same way....
just with more neon and chrome

[LesterPiglet]

Ordinary cars as these were ordinary bikes.

[Retro Rocket]

Seems that there are a lot of cops in the US trying to make a "name" for themselves rather than doing their job properly, someone should tell them assh0le is already taken...

[socalenduro]

thats kinda my point... did you see the video of this group when they illegally shut down a free way? they were not "normal" motorcycle riders in the same way a group of hotted up imports arent "normal" cars.

they still have rights, and in this case the cop was very wrong.
but they cant be surprised they got attention from the police.

[LesterPiglet]

To Protect and Serve doesn't seem to fit.

[CycleRanger]

The mistake the officer makes (aside from the entire stop) was initially clearly stating he stopped the biker to seize his camera but writing the ticket for obscured plate later.

The mistake the biker made was arguing with the officer. You will never win an argument with a cop so don't even try.
Knowing the entire exchange was being recorded the biker should have politely declined to surrender his camera and allowed himself to be arrested without argument. 
Let your attorney do the arguing for you.

[Dyrden]

The mistake the officer makes (aside from the entire stop) was initially clearly stating he stopped the biker to seize his camera but writing the ticket for obscured plate later.

The mistake the biker made was arguing with the officer. You will never win an argument with a cop so don't even try.
Knowing the entire exchange was being recorded the biker should have politely declined to surrender his camera and allowed himself to be arrested without argument. 
Let your attorney do the arguing for you.

Its a loose loose.  You then generate hundreds if not thousands defending yourself in court. Even when you win, you loose your time and money.  That video should embarrass that officer and department and I hope result in corrective measures and an apology to the rider that was arrested.

[333]

There are states where it is illegal to video a cop without his consent.  These laws are passed under the guise that it protects the anonymity of undercover cops, but unfortunately, it also protects bad cops.  There was a case a couple years ago(I think it was covered here) where a sport biker was out, videoing his ride.  He clearly was approaching 100, doing wheelies, general stoopid stuff, and caught the eye of an off duty cop in his personal car.  The cop ordered him to pull over, and the guy tried to run, but caught up in traffic.  The cop jumped out of his car, gun pulled, and then decided to identify himself as a cop.  As this technology was fairly new and uncommon, the cop had no idea what the helmet cam was, much less did he know he was being videoed.  The biker was charged after the video hit Youtube.  I don't remember the outcome of the case.

[CycleRanger]

http://weblogs.baltimoresun.com/news/crime/blog/2010/09/motorcyclist_wins_taping_case.html

http://gizmodo.com/5900680/7-rules-for-recording-police
http://www.rcfp.org/can-we-tape/introduction

http://www.rcfp.org/can-we-tape/texas

[333]

That's the one.  I may have gotten some of the details wrong, but that's it.