Speaking as another motorcyclist (25+ years on two wheels) some of the comments have been spot-on and others less than accurate.
#1 - ride like an idiot, expect to get pulled over.
#2 - Popping wheelies on public roads is stupid - "exhibition of speed"
#3 - Excessive speeding gets you noticed by the wrong people -- in blue.
Now... did the rider warrant a stop? Sure. For what charges?
- Excessive speed: 80+ mph in a [65/70] mph zone.
- Exhibition of speed: i.e. popping wheelies.
- Failing to signal lane change x 4
Are any of those charges worthy of the display of a firearm?
Not unless behind the camera, someone had to take sudden evasive maneuvers because of the bike's actions (doubtful). Then we'd add reckless driving. (Statutes and charges vary state by state so I'm being general here).
Maryland law may differ, however I saw no flashing lights on the plainclothes officer's car. Not even 4-way flashers. This indicates it may have been his POV (personal car). The rider turns around a 3:01 to look at the car. This may have been in response to a car horn (or siren, we just don't know) -- but there were no emergency lights showing either. Not even headlights.
M/C rider's view
If a car honks it's horn and displays no warning lights behind me, then comes up in the manner this p/c cop did,
of course I'm going to back up. His door is opening and I have
no idea of his intentions. This could have easily been an angry Joe Sixpack with a baseball bat (or - as happened to me - a diving knife) about to commit ADW over the rider's behavior. Backing away is a reasonable and prudent precaution in this case.
At 3:15, the unmarked car pulls ahead and to the side of him. The driver door opens and a guy gets out (3:16). The motorcyclist appears to be backing away (on the bike)... This is when the officer draws his firearm (3:17) and orders the biker to get off the bike.
I'll politely disagree. On my playing of the video, the officer
is clearly reaching for his sidearm at 3:16, even before he exits the car. In fact, his left foot is barely on the ground and you can see his right elbow sticking up. At 3:16+ his left foot is solidly on the ground, right foot still in the car, right hand on the weapon (out of sight) and left hand over the belt line.
In other words, the officer started drawing his gun the moment he turned his body to exit the car. This would have been
before seeing the bike backing away.
Marked cruiser:
At the end, we see a glimpse of the marked unit. Again, no warning lights in the grille or roof. The stop did not even warrant the officer activating the front warning & stop lights (he may have activated his rear lights, which we cannot see).
Legalities and Review:
If the car (Chevy?) used by the p/c cop is not an agency vehicle but his personal car and/or he was off duty, then the officer is liable for any VC violations he made during the incident. This would include speeding, unsafe "lane change" (blocking the bike) and unlawful parking on a highway.
Since none of the rider's actions amounted to a felony (unless Maryland law is far different than other states regarding excessive speed) the most the officer can charge is a misdemeanor. Had the rider, focused on the "man with a gun" elected to flee the area before the officer ID'd himself the officer could not legally charge "evading" or "resisting", nor legally used his firearm.
Thus, the officer should be facing
disciplinary action for removing his gun from his holster inappropriately. He should also be
reprimanded for using his POV (or un-equipped vehicle) for a traffic stop and failure to properly identify himself.
Had it been me, about the 3rd frame of 3:16, as the
unknown man is obviously reaching for a gun, he would have had 750 pounds of acellerating
Honda Goldwing imprinting Dunlop Elite tire patterns over his body. I've been there before, but it was a guy pulling out a large diving knife on a city street and getting soundly "bumped" by the bike gave me time to ride a block away to phone PD.
Video recording:
The rider was arrested and charged with VC violations. Good. Maybe he'll wise up and live a few more years.
But it wasn't until
weeks later that he posted the video on YouTube. And
that is when police decided to raid his home, confiscate computers, cameras and other equipment and re-arrest him on "wiretapping" violations.
That's pure, unadulterated BS. If the instigating officer was the same one who stopped him, then the State Police ought to be hitting him with even more disciplinary actions, possibly termination. It would smack of a vengance prosecution. And the local DA ought to be questioned about his decision to prosecute such a case.
It is not unlawful to take photographs in any public space where you have a legal right to be present. This includes highways. In light of how
some officers are prone to shoot claiming the subject failed to keep his hands away from his person, it would be unreasonable to expect the rider, facing a gun-toting officer to reach up to his helmet or to some recording device in his clothing to turn off the recording device. That would invite the potential use of deadly force.
The police cannot have it both ways. They cannot claim that their dashcams or other recording devices are legal, but the citizens recording the same event from their vehicle or persons is somehow a "violation of the officer's privacy" in a public place. In fact, officers should not have any expectation of privacy when dealing with citizens in any public place and only limited privacy within any building, including someone's home.
