[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Extensions of Remarks]
[Pages 13709-13710]
[From the U.S. 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

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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 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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