Maryland Attorney General Upholds the Right to Video Traffic Stops

Maryland’s Attorney General issued a ruling on a “wiretapping” case that involved a motorcyclist posting a video-recording of a traffic stop on YouTube. On April 13, Anthony Graber was riding his motorcycle on Interstate 95 when he was cut off, and pulled over, by a plain-clothed police officer in an unmarked car. The officer exited his vehicle with his gun drawn, yelling “Get off the motorcycle,” before identifying himself. After Graber posted the video (which was recorded by a helmet-cam) on YouTube, the officer ordered his comrades to raid Graber’s house and confiscate all computer equipment, charging him wiretapping crimes which could have landed Graber in prison for up to 16 years – a clear message to anyone thinking about recording a traffic stop. However, a judge found that, just as citizens have no clear expectation of privacy on public streets, neither do police officers. “The reasoning of that [law], which suggests that a police officer would not face prosecution or liability for recording an arrest or traffic stop in a public place, would apply equally well to a private person involved in the same incident.”