Anthony Graber who was driving his motorcycle down the highway at high speeds and doing tricks has had his ‘felony wiretapping’ charges dropped. I’m happy for Anthony and hope that someone in Greenfield, MA will do the same for Pete and I. I also hope Anthony goes on with the case and doesn’t let the officer off the hook so easily.
According to Carlos Miller of Photography is Not a Crime:
Common sense is finally prevailing in Maryland where a judge today dismissed all the wiretapping charges against Anthony Graber, who was facing 16 years in prison for uploading a video to Youtube.
The video, which became viral, shows an uncover Maryland State Police officer jumping out of an unmarked car with a gun in his hand, ordering Graber off his motorcycle.
The officer, Joseph Uhler, did not identify himself as an officer for several long seconds. Graber thought he was about to become the victim of a carjacking.
According to The Baltimore Sun:
Judge Emory A Pitt Jr. tossed all the charges filed against Anthony Graber, leaving only speeding and other traffic violations, and most likely sparing him a trial that had been scheduled for Oct. 12. The judge ruled that Maryland’s wire tap law allows recording of both voice and sound in areas where privacy cannot be expected. He ruled that a police officer on a traffic stop has no expectation of privacy.
“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”