Tag: excessive force

Cops and Cameras: The Future of Policing

The USA Today editorial board is criticizing the use of state wiretapping laws to prosecute citizens who tape on-duty police officers. I have written on this extensively: here, here, here and here. The editorial joins the Washington Examiner and Washington Post in this critique.

USA Today’s opposing view (presented by two AFL-CIO police union officials) provides this comment:

In today’s environment, police officers have to assume that every action they take is captured on tape, somewhere. They must be comfortable that everything they say or do in the course of their duties may be shown on the 5 o’clock news.

Our problem is not so much with the videotaping as it is with the inability of those with no understanding of police work to clearly and objectively interpret what they see. Videotapes frequently do not show what occurred before or after the camera was on, and the viewer has no idea what may have triggered the incident or what transpired afterwards.

This is often true. The recordings that prompt public outcry are sometimes “gotcha” moments where the camera only captures the use of force with no context.

Here is an example from Maryland that shows officers arresting a woman during the Preakness Stakes. At the end of the video, an officer says to the person recording the arrest: “Do me a favor and turn that off. It’s illegal to videotape anybody’s voice or anything else, against the law in the state of Maryland.”

As the USA Today editorial notes, this is a misreading of Maryland law that is kept alive by the prosecution of Anthony Graber and others who record the police. My commentary on the issue is here. As Carlos Miller points out, Maryland prosecutors come to different conclusions about the scope of the state’s wiretap law.

The real problem (besides the fact that the officer is misstating the law to prevent public accountability) is that the officer felt it necessary to stop the filming in the first place. This arrest was justified. The woman bleeding on the floor assaulted another patron, and when two officers responded to the incident, she assaulted them as well. This was a justified and necessary arrest. Whether the level of force was justified is another question, and one that is harder to assess because there is no recording of it.

Here is the solution – officers recording the incidents:

A handful of police departments already have their officers wearing video and audio recording devices. While I said a while ago that gun-mounted cameras are a good tool for police transparency and accountability, this head-mounted camera is a better option. It captures the prelude to the use of force, and doesn’t provide an incentive for the officer to draw his or her weapon sooner to get the event on film.

This is the future of American law enforcement. Departments will embrace this technology because it is a defensive measure against public outcry over the next “gotcha” video filmed with a cell phone and potential lawsuits. Law enforcement agencies will release their own footage of high-publicity events to show that their officers were complying with department guidelines on the use of force. The presence of a camera in an interaction between a cop and a citizen may also serve to keep behavior more civil since both parties know that the world is watching.

In 10 or 15 years, this technology will be ubiquitous just as police cruiser dashboard cameras are now, and law enforcement officers and the public will be better off for it.

Baltimore Police Officer Fires 13 Shots, Kills Unarmed Man

An off-duty Baltimore police officer and a former Marine had a disagreement about the Marine’s advances toward the officer’s girlfriend. The officer ended it with thirteen rounds fired from his service pistol, six hitting the Marine and killing him. Baltimore police have confirmed that the Marine was unarmed. The officer refused a breathalyzer at the scene. (HT Instapundit)

It gets better. The officer was involved in another shooting five years ago, which was determined to have been justified, but the officer was disciplined… for being intoxicated.

I suspect that if your average citizen had defended his significant other’s honor with a dozen or so bullets, he would be in jail. Not so for the officer, who remains on administrative leave.

Of course, anyone recording the exchange that led to the shooting could be prosecuted for a felony under Maryland’s wiretapping law. Just ask Anthony Graber.

Police Accountability in Maryland

Several people videotaped the arrest of a belligerent woman at the Preakness Stakes and posted it online. The woman assaulted another patron of the race and two officers during her well-deserved arrest.

The criminalization of citizens’ recordings of the arrest, which culminates in the woman lying face down and bleeding, is a different matter.

Toward the end of the video, posted on YouTube (warning: violence and language), a police officer approaches the person filming the arrest and says, “Do me a favor and turn that off. It’s illegal to videotape anybody’s voice or anything else, against the law in the state of Maryland.”

Unfortunately, the officer was right.

The Maryland wiretapping law makes it illegal to record a conversation without the consent of all parties involved. The Preakness incident sparked a debate about the wisdom of a law that makes it illegal to provide public accountability of police actions.

This is the latest in a rash of incidents where Maryland police were recorded while using force or making arrests. While the Maryland law makes an exception for police to record their encounters with citizens, Maryland law enforcement officers will arrest and indict anyone who records their encounter with the police.

Case in point: Anthony Graber was riding his motorcycle and recording the experience with a helmet-mounted camera. He was riding recklessly and beyond the speed limit, which warranted a citation, but not his detention by a Maryland State Police officer at gunpoint and the trooper not first identifying himself as an officer of the law. The first few seconds of the encounter look like a carjacking, not enforcement of traffic laws. Graber posted his interaction with law enforcement officers on YouTube and was arrested for it. He now faces felony charges under the wiretapping statute, and prosecutors sought $15,000 bond for a crime that carries a maximum $10,000 fine. The judge reportedly questioned the charges at the bond hearing. Graber goes to trial on June 1st.

This is a questionable policy in the same state where excessive use of force against a University of Maryland student resulted in discipline and possible criminal charges for three Prince George’s County officers. The same jurisdiction knew that Berwyn Heights Mayor Cheye Calvo may have had nothing to do with a drug trafficking ring, but raided his home at gunpoint anyway, terrorized his family, and shot his dogs. The result of the raid was that there was no wrongdoing by Calvo and his family.

The Maryland wiretapping law is itching for an update. It’s time for the Maryland code to stop acting as a barrier to transparency in law enforcement operations.