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The Courts Technology

Once Again, Baltimore Police Arrest a Person For Recording Them 515

MobyDisk writes: A lawsuit was filed yesterday over a case in which a woman was arrested for recording the police from her car while stopped in traffic. Ars Technica writes, "Police erased the 135-second recording from the woman's phone, but it was recovered from her cloud account according to the Circuit Court for Baltimore City lawsuit, which seeks $7 million."

Baltimore police lost a similar case against Anthony Graber in 2010 and another against Christopher Sharp in 2014. The is happening so often in Baltimore that in 2012, the U.S. Department of Justice sent a letter to the police reminding them that they cannot stop recordings, and most certainly cannot delete them.

Local awareness of this issue is high since the the Mayor and the City Council support requiring police body cameras. The city council just passed a bill requiring them, but the mayor is delaying implementation until a task force determines how best to go about it. The country is also focused on police behavior in light of the recent cases in Ferguson and New York, the latter of which involved a citizen recording.

So the mayor, city council, police department policies, courts, and federal government are all telling police officers to stop doing this. Yet it continues to happen, and in a rather violent matter. What can people do to curb this problem?
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Once Again, Baltimore Police Arrest a Person For Recording Them

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  • by AqD ( 1885732 ) on Friday December 12, 2014 @10:34AM (#48580957)

    And get new ones. What's so difficult about that?

    • by myowntrueself ( 607117 ) on Friday December 12, 2014 @10:37AM (#48580979)

      And get new ones. What's so difficult about that?

      Well, if a crime had been committed then the officers involved would be guilty of destruction of evidence. I should think that would be enough reason to not only fire them but possibly send them to jail.

      • by StormReaver ( 59959 ) on Friday December 12, 2014 @10:45AM (#48581071)

        Well, if a crime had been committed....

        Even if no *other* crime had been committed, the officers involved should be charged with:

        1) Vandalism.
        2) Unlawful destruction of private property.
        3) Assault.
        4) Battery.

        All of which may be possible, and for which the normal protections police enjoy while performing their duties may not apply, because the officer was acting outside the scope of his lawful duties.

        • by gstoddart ( 321705 ) on Friday December 12, 2014 @10:56AM (#48581163) Homepage

          And then of course you have to assume once they get their own version of the story straight you move on to:

          5) giving a false statement
          6) dereliction of duty
          7) possibly perjury if it's a sworn statement

          By the time you get police doing this kind of crap, they're well past the point where they have any business being in law enforcement, because they're just plain criminals.

          Start putting these cops in jail with the rest of the gangsters. That's all they are.

        • by NatasRevol ( 731260 ) on Friday December 12, 2014 @10:56AM (#48581169) Journal

          You're fully correct that's what they should be charged with. But everyone knows they won't be.

          And the fundamental failure here is the DAs & city officials that won't pursue this course of action.

          This is why it's so hard to get corrupt/bad cops out of the system. The entire system is built to protect them, at all costs.

      • Since when do police go to jail? /sarcasm

      • by sjames ( 1099 )

        They arrested someone for something that they have been well informed is not a crime. So they committed the crime of false arrest AT LEAST.

        Beyond that, since the department has been ordered to stop doing that, they also defied orders in the process (or someone up the chain of command did by not passing those orders on).

        The latter is a disciplinary matter, the former is a crime.

    • by mysidia ( 191772 ) on Friday December 12, 2014 @10:55AM (#48581159)

      And get new ones. What's so difficult about that?

      In general I agree with this, but first the officers should be given additional mandatory training to be completed within a short period of time.

      If an officer fails to complete the training, they should be suspended until they do. If an officer does it after being trained appropriately about the new directive, then they should be penalized.

    • And get new ones. What's so difficult about that?

      How about tattooing 'Dirty Cop' on their foreheads(Snow Crash style) and then introducing them to the general prison population?

      The janitor will need a nice bonus and a hell of a stiff drink; but the problem will likely be solved.

    • because its not the individuals, per se, but the system that is broken.

      the system allows and encourages thugs-with-badges mentality.

      you also have to de-militarize the police or nothing else you do will have any effect. cops think they are playing video games, these days, with their 'toys'. this has GOT TO STOP or nothing else can change.

  • Fire them. (Score:3, Insightful)

    by Anonymous Coward on Friday December 12, 2014 @10:35AM (#48580967)

    It's simple, if the police are flouting the law then fire the individuals concerned - the others will soon get the message.

  • Citizens Arrest? (Score:4, Interesting)

    by oh_my_080980980 ( 773867 ) on Friday December 12, 2014 @10:37AM (#48580977)
    Arrest the cops for violating your rights?
  • Very simple (Score:3, Insightful)

    by Anonymous Coward on Friday December 12, 2014 @10:38AM (#48580991)

    Have a very obvious delete button on the recording device and make sure that all recording is backed up to the ‘cloud’ so it doesn't matter if said button is pressed.

    Cop happy, you happy, everyone happy.

  • by Thanshin ( 1188877 ) on Friday December 12, 2014 @10:39AM (#48581007)

    $7M paid by...The taxpayer!

    No need to correct the problem when it's everyone else who pays for their mistakes.

    • Re: (Score:3, Interesting)

      by Anonymous Coward

      If they really wanted to stop the behavior, you'd sue the police chief for not punishing them, sue the DA for not prosecuting them, and sue the union for impeding the ability to fire the bad apples. And none of that would come out of the tax payers coffers.

    • by pr0t0 ( 216378 ) on Friday December 12, 2014 @11:32AM (#48581541)

      I have friends who are cops. It's a shitty, thankless job where you get to enjoy the worst of human behavior. Oh, and occasionally your life is on the line; risking widowing your wife and leaving your kids without a father. Many of them were soldiers who enlisted, had a gun put in their hand at 18 years old, and taught to kill other people. It's easy to see how cops can become jaded and not give a crap about rights. A lot of them are pretty nice work-a-day randos just trying to get through life like the rest of us.

      That said, I think in this instance the best way to police cops is to let them police themselves by hitting them where it really hurts: personal finances. So for example, the resulting remuneration from a lawsuit where cop takes your phone and erases a video is paid for from the police pension fund. Further, that officer's personal pension is reset to zero, or halved or some other appropriate consequence. That's a pretty powerful motivator, and there will be huge pressure from within the ranks to keep their shit wired tight. I also think it would need to be very narrowly defined. The last thing we want is officers afraid to do anything for fear of losing their pension.

      • by hey! ( 33014 )

        Oh, that's fair. You take a guy who's given thirty years of dedicated, exemplary service and you "hit him where he lives", because of some other guy.

        You know, there's a certain mentality, I'd even call it a faith, that harsh measures have to work,because they're harsh. "Look at how much misery we're causing! It must be doing some good." I'd like to say that's a joke, but after years of watching the war on drugs, the the war on Terror, it's a real, enduring feature of the American mindset: harshness as an

      • I think there's a much simpler and less arbitrary method: Prosecute them for the crimes commit. If I knocked you down, beat you up, took your phone, erased your data and refused to let you go, I'd have committed several serious crimes including assault and battery, theft, vandalism and unlawful imprisonment. Now, if these actions were actually necessary in the pursuit of an arrest, those are justified. But the actions that were not necessary in the execution of their proper duties were not justified and sho

  • by MrLogic17 ( 233498 ) on Friday December 12, 2014 @10:40AM (#48581009) Journal

    Best solution? Encourage everyone to record every interaction with the police. This will systematically education the police on the rights of citizens.

    Just like the 2nd Amendment public carry folks with a big old riffle slung over their shoulder on the sidewalk - it educated the police & public at the same time, and nobody gets hurt. (The the latter case, jimmes get russeled by some liberals, but, meh)

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Friday December 12, 2014 @10:41AM (#48581023)
    Comment removed based on user account deletion
  • by Anonymous Coward on Friday December 12, 2014 @10:43AM (#48581043)

    And if you didn't know, DWB is Driving While Black:

    http://en.wikipedia.org/wiki/D... [wikipedia.org]

  • Here's an idea (Score:5, Insightful)

    by XxtraLarGe ( 551297 ) on Friday December 12, 2014 @10:44AM (#48581051) Journal

    Yet it continues to happen, and in a rather violent matter. What can people do to curb this problem?

    How about putting police who violate peoples' civil rights in prison?

  • Need a flash mob.... (Score:4, Interesting)

    by Lumpy ( 12016 ) on Friday December 12, 2014 @10:47AM (#48581079) Homepage

    Someone needs to organize a flash mob of people just showing up and recording police in public all over the city.

    Force those thugs they call police to behave.

  • by gstoddart ( 321705 ) on Friday December 12, 2014 @10:51AM (#48581107) Homepage

    What can people do to curb this problem?

    You want to curb the problem? Have some high profile prosecutions.

    Charge them criminally, kick them off the force, strip them of their pensions, make examples of them. It should be a felony for a police officer to do this, because they wield so much more power in this equation.

    If the police aren't going to bother either learning, or following the law ... they have no business being police officers. If they can't get it through their heads they have no right to prevent this, then when they do it, bloody well lay charges.

    The police are becoming thugs. And if they want to be thugs and criminals, start treating them as such.

    And if the "good" cops won't stand up and get rid of the bad cops, they're just as guilty.

    None of this circling the blue wall crap, and being on paid suspension. Fire the bastards.

    • by swb ( 14022 )

      I wonder about this, but I also wonder what the secondary of effects of harsh punishments would be. What happens if the police end up being just deliberately ineffective?

      It's not like they don't have myriad ways to be ineffective that are basically impossible to control or punish -- evidence lost, conclusions not reached, investigations short-shrifted.

      Maybe some or all of these happen now, but could they get worse and what would the larger effect be?

    • None of this circling the blue wall crap, and being on paid suspension. Fire the bastards.

      No, stick to your guns. Firing is not enough. If you did this, you'd be prosecuted. When they do this, they should also be prosecuted. If that's not happening (which it isn't), then go up the chain until you find the elected official who can fix it. I assume that's the mayor. Fire him at the next election. Repeat until there are prosecutors who actually prosecute criminals who happen to be police.

    • by TheCarp ( 96830 ) <sjc.carpanet@net> on Friday December 12, 2014 @11:03AM (#48581229) Homepage

      If the police aren't going to bother either learning, or following the law ... they have no business being police officers. If they can't get it through their heads they have no right to prevent this, then when they do it, bloody well lay charges.

      Thing is, this is really the status quo. A few years back when that Henry Louis Gates arrest happened here. There was all this racial outrage at what happened but, one thing people totally missed was....the police actually had no reason at all to arrest him.

      The very charge he was arrested on, there are cases, right here in our state, of FAR more egrgious actions where the courts ruled did not meet the criteria for disorderly conduct. 20 years prior to that arrest, a the courts had ruled that a person who had refused orders to leave the scene of an arrest and yelled at police, and even approached them flailing his arms wildly.... he did not meet the criteria for arrest.

      So if this has been known for 20 years...how are people still today being arrested on this charge? Quite simply because they face absolutely no penalty for getting it wrong. They can search illegally, they can arrest with little to no reason, they face absolutely nothing but a pat on the back for doing the best they could.

      • by gstoddart ( 321705 ) on Friday December 12, 2014 @11:10AM (#48581315) Homepage

        the police actually had no reason at all to arrest him

        And that's kind of the problem. While the police are illegally arresting you, and you say "what the hell are you arresting me for", then they trump up the charge to resisting arrest.

        At this point, there is no defensible reason for every damned police officer to be wearing a camera. We can't trust them, so we have to more or less treat them as needing objective evidence to prove their version of events.

        None of this "they said/you said" crap. Objective, video and audio recording of the entire interaction. Mandatory as part of all duties, and archived.

        Start putting some of these guys in prison for this kind of crap, and it might start to sink in.

    • It should be a felony for a police officer to do this, because they wield so much more power in this equation. If the police aren't going to bother either learning, or following the law ... they have no business being police officers.

      Exactly. The police are charged with enforcing the law; because of that they should be held to a higher standard than normal citizens, not a lower one. I think police should automatically receive triple penalties for all criminal offenses, because in addition to committing the

  • I have a solution (Score:4, Interesting)

    by slashmydots ( 2189826 ) on Friday December 12, 2014 @10:51AM (#48581111)
    It should be legal for, when any cop trying to do this, to assault and detain them. They're breaking the law, violating the constitution, destroying evidence, and committing fraud, all in one and what the hell are you supposed to do, call the police? I'd knock him the fuck out and make him prove in court that I didn't need to. Surprise, I needed to in order to preserve evidence of him committing a crime. You know, a citizen using force to prevent a crime from being committed...that thing that's completely legal in 50 states. OH THAT'S RIGHT police officers are magic and immune to the law and can go around making up their own laws. I forgot.
    • by gstoddart ( 321705 ) on Friday December 12, 2014 @11:01AM (#48581221) Homepage

      I'd knock him the fuck out and make him prove in court that I didn't need to.

      Tough talk on the interwebs, but that's all it is.

      When you're being tased, or shot, or beaten senseless only to have a group of cops all lie about what happened ... your bravado will be so much electrons and hype. And they'll circle the wagons to say it was all you, and unless someone else gets a video of it ... you'll be pretty much screwed.

      I'm not saying I disagree with your assessment. I just don't think it's going to work quite so well as you seem to think.

  • by Holistic Missile ( 976980 ) on Friday December 12, 2014 @11:03AM (#48581237)
    Here in the police state of Illinois, our legislature has passed a bill, which was larded onto another, completely unrelated bill, which makes recording cops and government officials a class 3 felony, with up to 2-4 years in prison. The bill was added as an amendment to the unrelated bill, which passed with over 90% support in both chambers, essentially making it veto-proof.

    It uses the word 'eavesdropping' a lot, so it may be argued that it applies only to audio; however, a chance at having a sentence like this would certainly scare off most people who would try to film the cops.

    It will be interesting to see how this develops - a similar bill was struck down by the state supreme court in March, and the US supreme court has ruled that police have no expectation of privacy when they're in public, and on duty.
  • by bradley13 ( 1118935 ) on Friday December 12, 2014 @11:11AM (#48581319) Homepage

    Move to a malpractice system, like doctors have. Make individual officers personally liable for their own behavior. They carry professional liability insurance, and can be sued if they do something egregiously stupid. Screw up enough, and no insurance company will cover them. Changing jurisdictions won't help, because the insurance companies will be sure to trade information.

  • Fire the cops (Score:5, Interesting)

    by zmooc ( 33175 ) <{ten.coomz} {ta} {coomz}> on Friday December 12, 2014 @11:12AM (#48581339) Homepage

    Tampering with evidence, for example by deleting a recording, is punishable by up to 20 years in prison. While in this case the consequences were negligible, I suggest prosecuting these cops for tampering with evidence.

  • by andyring ( 100627 ) on Friday December 12, 2014 @11:13AM (#48581343) Homepage

    When the officer asks for your phone, it's easy.

    SAY NO.

    There. 'nuff said.

    Officer: "Have you been recording me? Let me see your phone."
    Person: "Officer, you may have my phone when I am presented with a signed warrant from a judge."

    • by SecurityGuy ( 217807 ) on Friday December 12, 2014 @11:25AM (#48581467)

      Officer: forcibly takes your phone

      You're missing the point. If the police in these cases were following the law, there wouldn't be a problem.

    • by Ksevio ( 865461 )
      Officer: "Have you been recording me? Let me see your phone."
      Person: "Officer, you may have my phone..."
      Officer: *yoink* "Thank you for your cooperation"
    • Re: (Score:3, Informative)

      by Anonymous Coward

      "Am I being detained, or am I free to go?"
      "I don't consent to any searches."
      "I wish to remain silent."
      "I want to speak to my attorney."

      These are the only four phrases that you should speak when dealing with Law Enforcement.
      Anything else you say will be used against you. (i.e: STFU! For your own sake!)

      Source: http://www.flexyourrights.org/ [flexyourrights.org]

      • by tekrat ( 242117 )

        You're obviously not black.
        Using words like that is "resisting arrest", and if you're lucky, you'll only be tazed and beaten to bloody pulp and maybe only lose your eyesight. If you're unlucky, you'll be choked to death, shot, or beaten to death or perhaps all three.

  • by smooth wombat ( 796938 ) on Friday December 12, 2014 @11:13AM (#48581345) Journal

    Between the city allowing illegals to roam free and police attempting to (or succeeding) erase encounters with the public, there isn't really a reason to visit.

  • by berchca ( 414155 ) on Friday December 12, 2014 @11:17AM (#48581377) Homepage

    Forget this boring job, I'm driving to Baltimore with my camera phone tonight!

  • by Scutter ( 18425 ) on Friday December 12, 2014 @11:24AM (#48581447) Journal

    People keep saying "fire the officers", but this should be a criminal matter. Tampering with evidence, violation of civil rights under color of law, etc. Fire them, jail them as provided by law, make the settlement come out of their pocket (or, perhaps, the pension fund) instead of making the taxpayers foot the bill. HOLD THEM PERSONALLY ACCOUNTABLE AND RESPONSIBLE. Then, and only then, will it stop.

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