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Weare Police Charge Man for Recording Traffic Stop (Felony Charges)
Union Leader ^ | February 25, 2011 | Dan O'BRIEN

Posted on 02/25/2011 11:11:08 AM PST by lbryce

For the second time in less than a year, Weare police have charged someone with felony wiretapping for recording police activity.

William Alleman, 51, of 140 Helen Dearborn Road, was charged Tuesday with interception of oral communication prohibited, which is the state's felony wiretapping law RSA 570-A

Police Chief Gregory Begin released few details of the case when reached for comment Thursday. The charges stem from a July 10 traffic stop, Begin said.

"He was making an audio recording of the officer during a motor vehicle stop without getting consent of the officer," Begin said.

Alleman said the charge is based on a cell phone call he made as an officer approached his vehicle.

Police considered it wiretapping because the call was being recorded by a voice mail service without the officer's consent.

Attorney Seth Hipple, of the Martin and Hipple law office, is representing Alleman as well as Carla Gericke and William Rodriguez, who were arrested on the same charge in March 2010 after Gericke began videotaping a police traffic stop. Their charges were later dropped.

"This is another example of the Weare police arresting people for recording public officials doing the public's duties in public," Hipple said.

Alleman said the incident began after he left a gathering to support Palmer's Tavern owner George Hodgdon, whose arrest days earlier for interfering with an assault investigation caused many to publicly criticize the Weare police.

Alleman said he was followed by a police officer when he left the gathering, attended mostly by members of the libertarian activist group, the Free State Project.

Alleman said he supports the group's cause but is not a member.

Alleman said he made a cell phone call as Officer Brian Montplaisir approached his vehicle.

(Excerpt) Read more at unionleader.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: bigbrother; donutwatch; newhampshire; police; wiretap
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"He was making an audio recording of the officer during a motor vehicle stop without getting consent of the officer," Begin said.

"He was making an audio recording of the officer during a motor vehicle stop without getting consent of the officer," Begin said.

The balls on these cops.

1 posted on 02/25/2011 11:11:15 AM PST by lbryce
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To: lbryce

cops have an expectation of privacy on the side of a HIGHWAY...?

Can we have sex on the side of the highway? If not, why?

Do we not also have an expectation of privacy?


2 posted on 02/25/2011 11:13:44 AM PST by gaijin
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To: lbryce

Citizens or subjects?


3 posted on 02/25/2011 11:14:21 AM PST by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: lbryce

You know, at some point this stupidity will begin to cost cities, counties and police dept’s so much money maybe they’ll get the idea and stop it...

None of these cases ever end well for the police, so why do they continue to do it?

Are they truly that dumb?


4 posted on 02/25/2011 11:14:54 AM PST by The Magical Mischief Tour (With The Resistance...)
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To: lbryce
Alleman said he was followed by a police officer when he left the gathering, attended mostly by members of the libertarian activist group, the Free State Project. ....
5 posted on 02/25/2011 11:16:03 AM PST by The Magical Mischief Tour (With The Resistance...)
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To: lbryce

More like the nerve of the prosecutor — if he regularly declined to prosecute such cases then occifers would not dare to suggest it.

Apart from the fine points of legality, there is the obvious point of felony-flation. Keep in mind that the idea of felony evolved in law as the class of crime so evil that it would be worthy of punishment by hanging or other loss of life. Anyone can see that applying such a punishment to an offense (?) such as this fails the laugh test.


6 posted on 02/25/2011 11:16:28 AM PST by HiTech RedNeck (Hawk)
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To: lbryce
Police also claim dashboard camera videos of her arrest aren't available because the equipment wasn't working that night. Hipple said police don't have maintenance records to prove the cameras weren't working. How convenient...
7 posted on 02/25/2011 11:17:06 AM PST by The Magical Mischief Tour (With The Resistance...)
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To: Erik Latranyi
to serve and protect or to subjugate, violate?
8 posted on 02/25/2011 11:17:31 AM PST by lbryce (BHO:Satan's Evil Twin)
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To: lbryce; Little Bill; OCCASparky; mvpel; Jim Noble; catiwompus; Redleg Duke; andy58-in-nh; ...
NH Ping! FReepmail me if you want on or off this list.

Given the prevalence of dashboard cameras, this public servant really has NO right to expect nobody to record his words and deeds while on duty. He can ask the person he pulled over to turn off the phone, but to arrest him for it? Not unless the person he pulled over was somehow interfering, which it doesn't sound like he was doing.
9 posted on 02/25/2011 11:17:51 AM PST by OCCASparky (Steely-eyed killer of the deep.)
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To: The Magical Mischief Tour
"The Weare police are afraid of being accountable," he said.

THAT's the real reason the cops are on this jihad...

10 posted on 02/25/2011 11:17:53 AM PST by The Magical Mischief Tour (With The Resistance...)
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To: The Magical Mischief Tour
you pay either way via taxes. they can keep throwing crap against the wall and see what sticks, until/if they are defunded.
11 posted on 02/25/2011 11:18:59 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: lbryce

Do the cops there have in car cameras with audio?


12 posted on 02/25/2011 11:20:02 AM PST by henkster (Before we make any more "investments" we ought to be shown the prospectus.)
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To: gaijin

Heck, you should visit NC. Our State Highway Patrol officers have sex on the side of the highway all the time, or on some back-roads where they administer “breathalyzer” tests to unsuspecting, but agreeable, female lawbreakers.


13 posted on 02/25/2011 11:20:16 AM PST by nesnah
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To: HiTech RedNeck

related:

Jury Nullification Advocate Is Indicted

http://www.freerepublic.com/focus/f-news/2680112/posts


14 posted on 02/25/2011 11:21:33 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: henkster

From reading the above it appears that they do. Therefore, if they don’t get the consent of the motorist, the cops should be arrested and prosecuted for every recording they make.


15 posted on 02/25/2011 11:21:47 AM PST by henkster (Before we make any more "investments" we ought to be shown the prospectus.)
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To: lbryce

Doesn’t there have to be a wire in order to indict somebody for wiretapping? Probably a stupid question, I know.


16 posted on 02/25/2011 11:23:25 AM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: Erik Latranyi

LOL, you’re all missing a bit of context. NH is generally a rural small town affair As such not too much goes on in the way of crime, big cities excepted. Couple that (ie boredom) with raging hormones, super sized egos, badges and guns and the result is documented in the article. I’ve yet to meet a local who didn’t have his head firmly ensconced up his rear-end. We’re talking mall cop fodder here. The state animal cops rank about the same, perhaps slightly higher on the mall-cop scale.


17 posted on 02/25/2011 11:24:39 AM PST by 556x45
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To: HiTech RedNeck

It is the result of a corrupt legal system. Our “man-made” laws not based on Natural Law Theory and God’s Law are unjust and unconstitutional. (Holmes was the one to divorce logic and reason from the laws that is the result of removing it from Natural Law Theory which is where common sense originates.

Lawyers have divorced the laws from Natural Law Theory, something all the Founders agreed would result in political laws—laws that gave some groups power over others and would create inequality under the law. We have unjust laws, which is obvious in thousands of cases. We have created “protected” status for some—which screams unconstitutional. We have to clean up the legal system, before any of the egregious things can be remedied.

Unjust laws cannot prevail without creating chaos and revolutions. But that is what the Marxist legal scholars in the elite universities want and the types appointed by Clinton and Zero want....to create a totalitarian state where they are god and tell us what to use when we wipe our b*tts.


18 posted on 02/25/2011 11:27:36 AM PST by savagesusie
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To: lbryce

`This is the Live Free or Die State.


19 posted on 02/25/2011 11:28:10 AM PST by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: lbryce

Hey, jack booted thugs.

YOU WORK FOR US.

Oh, and by the way, you’re fired!


20 posted on 02/25/2011 11:29:22 AM PST by FormerACLUmember (Character is defined by how we treat those who society says have no value.)
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