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Teen facing felony for taping cop
WorldNetDaily ^ | 6/14/07 | n/a

Posted on 06/15/2007 10:11:34 AM PDT by kiriath_jearim

An 18-year-old from Pennsylvania is facing a felony charge after he was caught videotaping a police officer handing out a traffic ticket on a public street.

"I didn't think I could get in trouble for that," Brian D. Kelly told The Patriot-News.

Apparently, neither did a long list of members of the public, who have erupted on the newspaper's comment page.

"This is the most asinine thing I have EVER heard. Citizens have the right, and indeed, often the DUTY to film police officers performing their job," wrote ZippoPA. "I will donate right now to a fund to defend this person."

"Don't police videotape you from their car without consent? I think they should be required to obtain consent for dashboard cameras," added TheSabre.

"In the era of Rodney King and such we should have the right to video them, after all they video us … with the dashcam," suggested cd3.

"I'm seriously beginning to question the stability and wisdom of our area police," wrote Liberty1776. "The idea of this man being prosecuted is frightening. Regardless of his attitude during the incident, there are many police who are irrational and abuse the power of their badge. … Sometimes Americans should be afraid of their government."

Prosecutors declined to respond to WND requests for a comment about the situation that developed in Carlisle. Kelly said making movies is a hobby, and he was just recording another interesting event.

But authorities say he's facing a felony wiretapping count, and up to seven years in prison, after his camera and film were seized by police on May 24.

He spent the next 26 hours in the Cumberland County prison until his mother raised security for his $2,500 bail on her house.

The law technically bans the intentional recording of any oral conversation without permission. A preliminary hearing has been scheduled for July, before Judge Jessica Brewbaker.

"Obviously, ignorance of the law is no defense," District Attorney David Freed told the newspaper. "But often these cases come down to questions of intent."

Reports show Kelly was riding in a pickup that was stopped for alleged traffic violations. Kelly's camera was in his lap, running, and he aimed it at the officer. Police said they ordered him to turn it off and confiscated it, filing the felony after checking with a prosecutor.

"He said, 'Young man, turn off your ... camera,'" Kelly said. "I turned it off and handed it to him. ... Six or seven more cops pulled up, and they arrested me."

Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate.

"I don't believe there was any underlying criminal intent here," he said.

Prosecutors said state law does allow police to record civilians, but not the other way around.

"Welcome to the police state," added deadload on the newspaper comment page. "I would think the only reason the cops don't want to be taped is so that they won't be caught doing something wrong."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Pennsylvania
KEYWORDS: carlisle; cumberlandcounty; jackbootedthugs
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1 posted on 06/15/2007 10:11:35 AM PDT by kiriath_jearim
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To: kiriath_jearim
Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate.

How about a pornography charge, since he was obviously videotaping assholes.

2 posted on 06/15/2007 10:13:09 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: kiriath_jearim

More government employees who think we work for them.


3 posted on 06/15/2007 10:13:22 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: kiriath_jearim

I would expect this in Communist China, not the USA.


4 posted on 06/15/2007 10:13:35 AM PDT by dfwgator (The University of Florida - Still Championship U)
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To: kiriath_jearim
Did the cop's dashboard-cam and wireless microphone feloniously capture the felony?
5 posted on 06/15/2007 10:13:45 AM PDT by E. Pluribus Unum (http://www.imwithfred.com/)
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To: kiriath_jearim

How bout amnesty for this kid along with the 12 million illegals who daily break the law. go figure


6 posted on 06/15/2007 10:15:17 AM PDT by Neoliberalnot
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To: kiriath_jearim

If there were a state-installed camera in this spot, the police would be saying squat. The kid has done nothing wrong.


7 posted on 06/15/2007 10:15:48 AM PDT by thegreatbeast (The evil which you fear becomes a certainty by what you do.)
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To: kiriath_jearim

I wonder if they videotape traffic stops there without consent of the driver they stopped?


8 posted on 06/15/2007 10:16:26 AM PDT by Principled
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To: kiriath_jearim

Outrageous! (thanks for posting)


9 posted on 06/15/2007 10:17:19 AM PDT by PGalt
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To: kiriath_jearim
So I would guess that all private surveillance cameras in the state are illegal?
10 posted on 06/15/2007 10:17:27 AM PDT by the_devils_advocate_666
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To: dead

Post of the week vote from me!


11 posted on 06/15/2007 10:18:18 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: kiriath_jearim
Prosecutors said state law does allow police to record civilians, but not the other way around.

If it's fair for the goose, it's fair for the gander....

What the prosecutor just admitted to was legalized discrimination. Just because you wear a badge and carry a gun doesn't make you "special"....

12 posted on 06/15/2007 10:19:26 AM PDT by dirtbiker (I'm a liberal's worst nightmare: Redneck with a pickup, library card, and a concealed carry permit)
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To: kiriath_jearim

Surreal.


13 posted on 06/15/2007 10:20:27 AM PDT by EternalVigilance ("You will have your bipartisanship." - Fred Thompson, May 4, 2007)
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To: kiriath_jearim

Qui custodiet ipsos custodes?


14 posted on 06/15/2007 10:20:33 AM PDT by Titus Quinctius Cincinnatus (Run Fred RUN!)
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To: kiriath_jearim

Great, this was the area I was looking into moving to.


15 posted on 06/15/2007 10:21:03 AM PDT by Calpernia (Breederville.com)
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To: kiriath_jearim

Patiently waiting for the “There Is Obviously More to this Story” crowd...


16 posted on 06/15/2007 10:21:06 AM PDT by Glenn (Free Venezuela!)
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To: kiriath_jearim
this should make it up to the supremes......I bet the state law is declared unconstitutional by a unanimous vote.
17 posted on 06/15/2007 10:21:25 AM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: kiriath_jearim

Carlisle Police Chief Stephen Margeson suggested a guilty plea to a lesser charge might be appropriate.

“I don’t believe there was any underlying criminal intent here,” he said.

______________________________________________

How about you drop all charges, apologize for your arrogance and we let it go or we can call the ACLU : )(I can’t believe I am advocating them)


18 posted on 06/15/2007 10:21:41 AM PDT by ThisLittleLightofMine
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To: dfwgator

This area is suppose to be republican. I would expect it of a blue area.


19 posted on 06/15/2007 10:21:44 AM PDT by Calpernia (Breederville.com)
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To: kiriath_jearim

I always thought that you could photograph or videotape anyone out in public. News cameramen do it all the time.


20 posted on 06/15/2007 10:21:49 AM PDT by Stark_GOP
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