Maryland Wiretapping Law Needs an Update

Anthony Graber, a member of the Air National Guard, is facing felony charges for violating a Maryland “anti-wiretapping” law. The felony-charge stems from an incident on I-95 in which Graber was speeding and popping wheelies on his motorcycle, recording the experience on a helmet-cam. An unmarked vehicle cut him off, forcing him to stop, before a man jumped out of the vehicle holding a gun. Five seconds later, the man identified himself as a Maryland state trooper. After Graber accepted the speeding ticket, he posted the video of the encounter on YouTube. Shortly thereafter, at 645am on a weekday, six state troopers showed up to his house with a search warrant, seizing two computers, two laptops, and a camera. While conducting the search, Graber’s mother was forbidden from leaving for work, and his younger sister was not allowed to leave for school. Graber was then detained for 26 hours before a judge set bond. The penalty for this violation can be up to five years in prison and/or a $10,000 fine. When the prosecutor requested a $15,000 bond, the judge questioned the request, as well as the use of this law against Graber. “Maryland courts have consistently held that where there is no reasonable expectation of privacy, there is no violation of the wiretapping law.