Using a helmet cam in Texas.....confiscated.

[KIC]

Thought I would pass this story on... I actually got caught up in one of these sport bikers runs while driving through Dallas/Ft Worth one night on my way to meet greet my daughter's return from Afghanistan.

 

It was crazy...10 pm at night, probably a hundred bikes screaming past , in and out of traffic, I was doing 70mph+ and they passed me like I was standing still. All I could do was hold my lane and hope none of them went down in front of me.

 

Still....this cop was wrong ! And... I want to know where/why the two other cops went running away....

 

http://www.theblaze.com/stories/cop-pulls-over-motorcyclist-in-order-to-confiscate-his-helmet-cam-arrests-him-when-he-objects/

Edited June 26, 2012 by KIC

[etcswjoe]

I am not a lawyer but it seems to me that the LEO was in the wrong with out a warrant. I did see a few infractions by the other bikes.

[Motorcycle Mike]

I heard this guy was part of this group.

Kinda puts a differant twist to it.

[ame]

[/ame]

[Condor]

First off the video looks like it was shot during the day to me, not 10 at night.... And a quick pan shot of the dash didn't look like it was a Venture. I think there's more to this story than what was shown on your video cam...??

[gibvel]

First off the video looks like it was shot during the day to me, not 10 at night.... And a quick pan shot of the dash didn't look like it was a Venture. I think there's more to this story than what was shown on your video cam...??

 

I think KIC was just saying that he got caught up in one LIKE this, not this exact one.

 

Bikers like this just add to the stereotype and ill will most people feel toward bikers in general.

 

I think legally what the cop did was wrong. With his dash cam I can't see that he'd need any additional evidence anyway.

[etcswjoe]

I am curious why the LEO did not pull the idiot over?

[Condor]

I think KIC was just saying that he got caught up in one LIKE this, not this exact one.

 

So apparently it's happened before?? Same LEO?? Unfortunately having a cam amongst a bunch of joyriding crotch rockets might be a reason to get pulled over. Guilty by association. If he wasn't recording anything at the time then the cam should show that. Sometime we're the fly swatter, and sometimes we're the fly.....

[Dave77459]

It seems that the purpose of obstructing the license plate was to prevent identification while the participants jointly broke laws, including obstruction of patrol cars.

 

"jointly broke laws" -- sounds like organized crime to me.

 

Rather than make discussion of the camera, the rider should have been placed into custody because of the suspected organized crime. While he was in jail, there would have been ample time to obtain the required search warrant.

 

Gibvel is right, though. This sort of thing causes ill will towards motorcyclists by the general public. Even as a rider myself, I was disgusted by the riders and, to my shame, hoping something dreadful would have happened.

 

Dave

[Motorcycle Mike]

I'm not a lawer or a LEO but if this cop observed this guy with that group, He may very well may have had legal cause to confiscate the camera in an effort to collect evidence.

[KIC]

First off the video looks like it was shot during the day to me, not 10 at night.... And a quick pan shot of the dash didn't look like it was a Venture. I think there's more to this story than what was shown on your video cam...??

 

I wasn't around this situation. My wife and I were driving in my daughter's Cherokee through Dallas/Ft Worth on our way to Ft Bragg, NC in May 2010 and had a swarm of sport bikes come flying through and around us.

 

I held my line and lane. I kept thinking how other people would react. When you have bikes with loud exhaust come whipping past on both sides of your vehicle, weaving in and out of traffic it was spooky. They were like a swarm of (big @$$) wasps just taking over.

 

And from my law enforcement/legal experience, that cop had NO RIGHTS to stop, or collect evidence. First of all, if you watch the video, that guy was riding slower and letting all other bikers pass. 2 or 3 cop cars passed him before Buford the cop pulled him over.

 

Can't find a law stating that you are guilty by association of having a bike.

 

I am glad that the helmet cam kept rolling. I think the whole stop and arrest was bogus, abusive, and the cop should be severely punished for his actions.

 

AND... before a few of you start with me, I used to be a trainer for FLETC ( Federal Law Enforcement Training Center) and my main responsibility was training Feds on legal and correct high risk traffic stops and arrests.

[MikeWa]

My thoughts on this incident.

The bikers pulling those stunts need to have their licenses revoked. But you can't pull someone over just to seize personal property. A concealed license plate is cause to be pulled over though. To bad but this deputy needs some additional training.

 

Mike

[Yamamike]

I am curious why the LEO did not pull the idiot over?

 

Because it is nearly impossible to stop a bike (if the guy refuses to stop) without putting him down and very likely killing him/her. Can you imagine the sh$$storm that cop would be facing if that happened. I really feel for these cops...can't even imagine how frustrating it must be.

[Flyinfool]

Brake checking a cage (especially a LEO) while on a bike?

What if his reflexes were just a little slow. The dash cam is all of the evidence that it was an obvious attempted suicide by cop......

 

In the cops TV show there were cases where they did take down the bike with a pit maneuver to end a chase. Followed up a a paramedic call.

[painterman67]

Here in NC he can pull him over for an ubstructed tag, butjust as the rider stated its a ticketable offense not one that leeds to being arested. He would not have been allowed to remmove his personal property from his person.

 

DAvid

[Rick Haywood]

What bothers me is how some people think the officer was justified to do what he did just because others were breaking the law. It's what's wrong with america. Since they were not behaving themselves it's ok to violate someones rights. As Gomer Pyle use to say Shame shame shame.

[midnightventure]

Brake checking a cage (especially a LEO) while on a bike?

What if his reflexes were just a little slow. The dash cam is all of the evidence that it was an obvious attempted suicide by cop......

 

In the cops TV show there were cases where they did take down the bike with a pit maneuver to end a chase. Followed up a a paramedic call.

 

The Cops tv show is one of the reasons my opinion of cops has gone down hill. I have not watched it very often but the way they bully and abuse people when they know it is being filmed leaves a bad taste in my mouth.

[Yammer Dan]

Can feel the officers thoughts and fusteration but he may have been over his head on this one.

[Blackjack]

It doesn't matter how many ways you try to look at this or how tangential you choose to get.

 

The simple matter here is that the the LEO abused his position, compromised the rights of an individual, and inappropriately confiscated personal property.

 

Separately and/or collectively, that is behavior that can not and should not be condoned or tolerated, from any one, at any time.

[Yammer Dan]

If he gets lucky and what he wants is on the tape can he use it?? I doubt it. I still understand how he felt he just didn't think enough.

[Kirby]

It doesn't matter how many ways you try to look at this or how tangential you choose to get.

 

The simple matter here is that the the LEO abused his position, compromised the rights of an individual, and inappropriately confiscated personal property.

 

Separately and/or collectively, that is behavior that can not and should not be condoned or tolerated, from any one, at any time.

 

 

:sign yeah that::sign yeah that:

[dacheedah]

PO doesn't need a warrant to secure the camera but does need a valid reason and needs a warrant to view it's contents. If the activity taking place in the other video was going on when the PO took the device, and the PO clearly documented the activity I don't see this is a problem. Depriving the owner of the use for a short period ( time to get a warrant and access to preserve the contents ) then return the device with its contents should not be a big problem. The video contents still belongs to the person who recorded it. The argument comes in court if it was legally obtained and if it can be used against those depicted in the video. The courts have ruled that what took place in a public place, no expectation of privacy, may get into the record but what took place in someone's home probably will not.

 

My two cents, I don't have a problem with this. I do have a problem if they stop a rider who is just recording their reasonably legal bike ride and just take it. We complained when they stuck video in our squads but it got me out of more problems than it ever put me in and now I see a lot of business that put dvr's and front and rear cameras on their vehicles to use in court, if they ever have an accident. Welcome to technology, the debate will go on as it moves forward. . .

[RandyR]

If the individual stopped had his license plate blocked out, then my suspicion is he was part of the mob. And he had temporarily slowed down and dropped back to take the other illegal riders video (or evidence depending on one's perspective). Thats a different scenario than just randomly stopping a legal rider because you're PO'd at the other motorcyclists. -maybe- Just like the lookout outside a bank during a robbery is still a part of those guilty.

[KIC]

If you listen to the audio, the rider denies the plate is not visual. The mounting on a lot of sport bikes are at angles. The rider states that it is visible at a sitting position not at a standing position behind the bike.

 

I understand you are a LEO and want to back the LEO, but he was WAY off base. There were no evidence that that rider was even with the pack.

 

It was also a citable offense, not an arresting offense. He used the arrest to confiscate the video. Also, note that several cops pass this subject without concern.

 

And, just because it was filmed in public, doesn't mean that any government entity has the right to confiscate it. If the owner wants to use it, or give it, that would be his right and the expectation of privacy would come in to play.

 

I hope they do a follow up on this and i would bet the cop is disciplined, and the stop is ruled invalid. Once you give away your rights, you can't get them back.

[Yammer Dan]

Not sure but would like to see outcome. If he was guilty of nothing why all the complaining?? I think the recording will hang him.

[CalhounWV]

Not sure but would like to see outcome. If he was guilty of nothing why all the complaining?? I think the recording will hang him.

 

 

Personally, if I am on a trip... and I am recording my trip.... I dont want to wait a few days for my camera to be sent to the Lab, a few months for them to process it, and a few weeks to get it back to me.

 

I ride the interstates, I do use my gopro, that does not give anyone a right to take it and deprive me of it's use for the rest of the riding season.