[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[Extensions of Remarks]
[Pages E1387-E1388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PROSECUTION OF CITIZENS VIDEOTAPING POLICE IN THE LINE OF DUTY

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                          HON. EDOLPHUS TOWNS-

                              of new york

                    in the house of representatives

                        Wednesday, July 21, 2010

  Mr. TOWNS. Madam Speaker, I rise today to discuss a phenomenon that 
is occurring throughout this country.
  Various states and municipalities are using state wiretapping 
statutes and other local laws to prosecute individuals who photograph 
or videotape officers in the line of duty. According to a recent 
Washington Post article, Mark Graber, a 25 year old staff sergeant for 
the Maryland Air National Guard, was arrested for taping an encounter 
with a state trooper who gave him a ticket for going 80 in a 65 mph 
zone. Graber accepted his ticket, which he says he deserved. Graber was 
not indicted by a grand jury for speeding; instead his crime was 
videotaping and showing his encounter on YouTube. Mr. Graber was 
charged with violating Maryland's wiretapping statute.
  In Tennessee, Scott Conover was arrested for unlawful photography 
when he snapped a picture of a Johnson County sheriff's deputy during a 
traffic stop.
  In the state of Washington, an amateur photographer Bogdan Mohora was 
arrested for photographing two police officers arresting a suspect.
  Authorities contend that wiretapping laws are being violated by 
individuals who videotape or photograph police on-duty. These officials 
base their argument on a notion that police have a reasonable 
expectation of privacy while conducting their work in public.
  Our police officers play a vital role in maintaining the quality of 
life in communities across the country. I feel we should not do 
anything to diminish their role in society or their effectiveness in 
fighting crime and preventing terrorist acts. As a member of the 
victims right caucus here in Congress, I want to make sure our police 
officers are equipped and feel supported, so they can make sure there 
are less victims of crime in this country. However, while I do support 
our law enforcement officials, I do not think that they have a right to

[[Page E1388]]

privacy while performing their duties in public. As a result of my 
view, I do not believe that prosecuting citizens for exercising a 
constitutionally protected right is a proper use of the justice system.
  I ask for your support of H. Con. Res. 298 to bring awareness to this 
startling abuse of power and waste of taxpayer dollars.

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