Maryland judge throws out wiretapping charges against Anthony Graber

Common sense is finally prevailing in Maryland where a judge today dismissed all the wiretapping charges against [__Anthony Graber__](http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/), 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:__](http://photographyisnotacrime.com/wp-content/uploads/2010/09/motorcyclist_wins_taping_case.html)

> *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.”*

Common sense is finally prevailing in Maryland where a judge today dismissed all the wiretapping charges against [__Anthony Graber__](http://carlosmiller.com/2010/04/16/maryland-motorcyclist-spends-26-hours-in-jail-on-wiretapping-charge-for-filming-cop-with-gun/), 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:__](http://photographyisnotacrime.com/wp-content/uploads/2010/09/motorcyclist_wins_taping_case.html)

> *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.”*

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Carlos Millerhttps://pinacnews.com
Editor-in-Chief Carlos Miller spent a decade covering the cop beat for various newspapers in the Southwest before returning to his hometown Miami and launching Photography is Not a Crime aka PINAC News in 2007. He also published a book, The Citizen Journalist's Photography Handbook, which is available on Amazon.

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