Judge Throws Out Charges Against Anthony Graber

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.”

  • Ed

    Outstanding holding by the judge!! His ruling makes it absolutely clear that Maryland cops are misapplying the law to avoid accountability for their public acts and echoes what liberty videographers have been telling the cops all along: they have no expectation of privacy in public and the public is perfectly free to record their actions for the purpose of holding the cops accountable.

  • Tristan

    Thank GOD!!!
    Now for some actual sense to crash over the lands like a tidal wave!

  • JW

    so does that meen that cops can stop arresting people for hurting the cops feelings, cops get their feelings hurt ,because they dont like the way you are talking to them and in return they end up taking you to jail on bogus made up charges, i guarantee this cop will go on arresting people for doing nothing , I WOULD LIKE TO KNOW HOW THOSE COPS WHO RAIDED HIS HOUSE GOT THAT WARRANT THEN, IF THE JUDGE RULED WHAT HE RULED. WHAT JUDGE SIGNED THAT WARRANT , SOUNDS LIKE CORRUPTION TO ME. IT SHOULD NEVER HAVE MADE IT AS FAR AS IT DID…….I COMMEND THE JUDGE THAT DROPPED THE CHARGES AND DID THE RIGHT THING, ITS LIKE A BREATH OF FRESH AIR. i do feel graber should go ahead with a lawsuit against the criminals who were involved in working up charges on him for nothing.

  • BigDog

    The motorcyclist already accomplished the hard part. I hope he finishes the job with a lawsuit of the state police and those who raided his house AND the judge who signed the warrant to do so. All involved deserve to be punished.

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  • Debra

    Thank you Judge Pitt. Excellent ruling!