<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Mass. man charged with illegal wiretapping for videotaping cops on public road</title>
	<atom:link href="http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Sun, 26 Jun 2011 02:03:25 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Danielle</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-32826</link>
		<dc:creator>Danielle</dc:creator>
		<pubDate>Wed, 04 Aug 2010 16:21:38 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-32826</guid>
		<description>I know this is kind of an old argument, but &quot;illegal wiretapping&quot; boils down to &quot;reasonable expectation of privacy.&quot;  A police officer acting in an official capacity, on the side of the road during a traffic stop, has no reasonable expectation of privacy.  See the Graber case in FL for similar precedent.</description>
		<content:encoded><![CDATA[<p>I know this is kind of an old argument, but &#8220;illegal wiretapping&#8221; boils down to &#8220;reasonable expectation of privacy.&#8221;  A police officer acting in an official capacity, on the side of the road during a traffic stop, has no reasonable expectation of privacy.  See the Graber case in FL for similar precedent.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21947</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Tue, 13 Apr 2010 08:35:36 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21947</guid>
		<description>Wait, wait... sitting in that article all by itself:

&quot;Zielinski explained that some cameras have been known to conceal guns.&quot;

I don&#039;t believe the author of that article let that one by without a followup question; like &quot;When has that ever happened?&quot; or &quot;WTF movie did you see that in?&quot;

But no, he just un-critically accepts that nonsense and rolls right along.
.-= Michaelk42´s last blog ..&lt;a href=&quot;http://feedproxy.google.com/~r/blogspot/Pdrn/~3/BooKbxrXWoA/oh-snap-courteous-mass.html&quot; rel=&quot;nofollow&quot;&gt;Oh snap, Courteous Mass&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>Wait, wait&#8230; sitting in that article all by itself:</p>
<p>&#8220;Zielinski explained that some cameras have been known to conceal guns.&#8221;</p>
<p>I don&#8217;t believe the author of that article let that one by without a followup question; like &#8220;When has that ever happened?&#8221; or &#8220;WTF movie did you see that in?&#8221;</p>
<p>But no, he just un-critically accepts that nonsense and rolls right along.<br />
<span class="cluv"> Michaelk42´s last blog ..<a href="http://feedproxy.google.com/~r/blogspot/Pdrn/~3/BooKbxrXWoA/oh-snap-courteous-mass.html" rel="nofollow">Oh snap, Courteous Mass</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://carlosmiller.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Wicked Feleena</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21944</link>
		<dc:creator>Wicked Feleena</dc:creator>
		<pubDate>Tue, 13 Apr 2010 07:19:52 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21944</guid>
		<description>Although  I&#039;ve never been pulled over,  I think I should get one of these in case I ever do.

http://www.cameravan.com/index2.html</description>
		<content:encoded><![CDATA[<p>Although  I&#8217;ve never been pulled over,  I think I should get one of these in case I ever do.</p>
<p><a href="http://www.cameravan.com/index2.html" rel="nofollow">http://www.cameravan.com/index2.html</a></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Wicked Feleena</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21943</link>
		<dc:creator>Wicked Feleena</dc:creator>
		<pubDate>Tue, 13 Apr 2010 07:14:02 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21943</guid>
		<description>http://autos.aol.com/article/cops-on-video/

Here&#039;s an article about whether it&#039;s a good idea to videotape a traffic stop.</description>
		<content:encoded><![CDATA[<p><a href="http://autos.aol.com/article/cops-on-video/" rel="nofollow">http://autos.aol.com/article/cops-on-video/</a></p>
<p>Here&#8217;s an article about whether it&#8217;s a good idea to videotape a traffic stop.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Rusty Carr</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21921</link>
		<dc:creator>Rusty Carr</dc:creator>
		<pubDate>Mon, 12 Apr 2010 19:14:39 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21921</guid>
		<description>And I&#039;ll bet if you look on the back fender of their patrol cars you&#039;ll see &quot;To Protect and Serve.&quot;  Maybe it&#039;d be more appropriate if it said &quot;To Protect and Serve Ourselves.&quot;</description>
		<content:encoded><![CDATA[<p>And I&#8217;ll bet if you look on the back fender of their patrol cars you&#8217;ll see &#8220;To Protect and Serve.&#8221;  Maybe it&#8217;d be more appropriate if it said &#8220;To Protect and Serve Ourselves.&#8221;</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Guy Freeman</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21914</link>
		<dc:creator>Guy Freeman</dc:creator>
		<pubDate>Mon, 12 Apr 2010 17:06:33 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21914</guid>
		<description>My neighbor recorded the police during a traffic stop.  Its a pretty interesting video.  http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en
.-= Guy Freeman´s last blog ..&lt;a href=&quot;http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html&quot; rel=&quot;nofollow&quot;&gt;Massachusetts State Police – Northampton&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>My neighbor recorded the police during a traffic stop.  Its a pretty interesting video.  <a href="http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en" rel="nofollow">http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en</a><br />
<span class="cluv"> Guy Freeman´s last blog ..<a href="http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html" rel="nofollow">Massachusetts State Police – Northampton</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://carlosmiller.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Guy Freeman</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21913</link>
		<dc:creator>Guy Freeman</dc:creator>
		<pubDate>Mon, 12 Apr 2010 17:02:43 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21913</guid>
		<description>My neighbor recorded the police during a traffic stop.  http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en
.-= Guy Freeman´s last blog ..&lt;a href=&quot;http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html&quot; rel=&quot;nofollow&quot;&gt;Massachusetts State Police – Northampton&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>My neighbor recorded the police during a traffic stop.  <a href="http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en" rel="nofollow">http://video.google.com/videoplay?docid=7469496178497183693&amp;q=source%3A008683900269451200969&amp;hl=en</a><br />
<span class="cluv"> Guy Freeman´s last blog ..<a href="http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html" rel="nofollow">Massachusetts State Police – Northampton</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://carlosmiller.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Guy Freeman</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21912</link>
		<dc:creator>Guy Freeman</dc:creator>
		<pubDate>Mon, 12 Apr 2010 16:58:03 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21912</guid>
		<description>Freeman Z was convicted under the wiretapping law here in Mass.  He posted all about it at http://www.brianharer.com/
.-= Guy Freeman´s last blog ..&lt;a href=&quot;http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html&quot; rel=&quot;nofollow&quot;&gt;Massachusetts State Police – Northampton&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>Freeman Z was convicted under the wiretapping law here in Mass.  He posted all about it at <a href="http://www.brianharer.com/" rel="nofollow">http://www.brianharer.com/</a><br />
<span class="cluv"> Guy Freeman´s last blog ..<a href="http://www.freemantimes.com/massachusetts-state-police-%E2%80%93-northampton.html" rel="nofollow">Massachusetts State Police – Northampton</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://carlosmiller.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Tom</title>
		<link>http://carlosmiller.com/2010/04/10/mass-man-charged-with-illegal-wiretapping-for-videotaping-cops-on-public-road/#comment-21902</link>
		<dc:creator>Tom</dc:creator>
		<pubDate>Mon, 12 Apr 2010 04:06:56 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=10493#comment-21902</guid>
		<description>NP,

Check the last paragraph of the Hyde...

&quot;The problem here could have been avoided if, at the outset of the traffic stop, the defendant had simply informed the police of his intention to tape record the encounter, or even held the tape recorder in plain sight.[12] Had he done so, his recording would not have been secret, and so would not have violated G. L. c. 272, § 99. See Commonwealth v. Jackson, supra at 507 (no &quot;interception&quot; when defendant was aware his voice was being recorded). Secret tape recording by private individuals has been unequivocally banned, and, unless and until the Legislature changes the statute, what was done here cannot be done lawfully.&quot;

Overall that decision is terrible because affords the average citizen no protection against abuse by police.  Remember Lester Eugene Siler

http://www.wate.com/global/story.asp?S=3568680

Audio tape reveals abuse during Campbell Co. officers&#039; interrogation

JACKSBORO (WATE) -- Friday will be the one year anniversary of when five Campbell County deputies beat and tortured Lester Siler, a convicted drug dealer.

The lawmen were serving an arrest warrant on Lester Eugene Siler in July 2004. Siler ran when officers arrived but was caught.

According to court documents, Siler was beaten, pushed into an overflowing toilet, hooked to a battery charger and hit with a gun to coerce him into signing a consent form to search his home.

McClellan fired the deputies after hearing the recording.

Former deputies William Carroll, Samuel Franklin, David Webber, Shayne Green and Joshua Monday later pleaded guilty for using excessive force. They will be sentenced next week.

Siler filed a lawsuit Thursday in federal District Court at Knoxville against the five former officers. Sheriff Ron McClellan and Chief Deputy Charles Scott are also named in the suit, which claims they instigated the incident.

A 40-minute audio tape was released Thursday of a recording that captured the violence of that incident. Siler&#039;s wife secretly made the recording before she was ordered to leave their home by deputies.

Repeatedly, officers are heard asking Siler to sign a consent-to-search form so they can search his house for drugs.

Edited portions of the transcript detail constant badgering, crude language and indicate Siler was in pain during the interrogation.

    Officer Webber: You hear what I told you? I told you not to be talking. Didn&#039;t I tell you not to talk? That&#039;s just the (bleep) beginning. This (bleep - bleep) right here, he loves seeing blood.

    Siler: (moans)

    Officer Webber: He loves it. He loves seeing blood. You&#039;re talking too much. You&#039;re talking too much. He (bleep) loves seeing blood. He&#039;ll beat your (bleep) and lick it off you.


    Officer Webber: I don&#039;t want your help. I don&#039;t want your help. I want you to sign that form because you&#039;re the one we want. We got you. If you don&#039;t sign it, you probably won&#039;t walk out of here. We&#039;ll have to call a (bleep) ambulance to haul your (bleep) out of here. Is there any part of that you don&#039;t understand?


    Officer Carroll: Sign the (bleep) paper and we&#039;ll leave you alone.

    Siler: (moaning)

    Officer Webber: Why don&#039;t you want to sign the form, Eugene? You got a bunch of dope here, buddy? Huh?


    Officer: You won&#039;t sign it.

    Siler: (mumbles) Ahhhh!

    Officer: You won&#039;t sign it? You won&#039;t sign it? Yes or no? Do you want to sign it?

    Siler: Don&#039;t!

    Officer: Yes or no? 

Siler&#039;s attorney says his client was hit several times on his face and body during the incident.

The tape was released as the deputies head to court for their sentencing hearings next week.

As for the civil suit filed in Siler&#039;s name, it&#039;s against the deputies, Campbell County itself, and Sheriff Ron McClellan for more than $19 million.</description>
		<content:encoded><![CDATA[<p>NP,</p>
<p>Check the last paragraph of the Hyde&#8230;</p>
<p>&#8220;The problem here could have been avoided if, at the outset of the traffic stop, the defendant had simply informed the police of his intention to tape record the encounter, or even held the tape recorder in plain sight.[12] Had he done so, his recording would not have been secret, and so would not have violated G. L. c. 272, § 99. See Commonwealth v. Jackson, supra at 507 (no &#8220;interception&#8221; when defendant was aware his voice was being recorded). Secret tape recording by private individuals has been unequivocally banned, and, unless and until the Legislature changes the statute, what was done here cannot be done lawfully.&#8221;</p>
<p>Overall that decision is terrible because affords the average citizen no protection against abuse by police.  Remember Lester Eugene Siler</p>
<p><a href="http://www.wate.com/global/story.asp?S=3568680" rel="nofollow">http://www.wate.com/global/story.asp?S=3568680</a></p>
<p>Audio tape reveals abuse during Campbell Co. officers&#8217; interrogation</p>
<p>JACKSBORO (WATE) &#8212; Friday will be the one year anniversary of when five Campbell County deputies beat and tortured Lester Siler, a convicted drug dealer.</p>
<p>The lawmen were serving an arrest warrant on Lester Eugene Siler in July 2004. Siler ran when officers arrived but was caught.</p>
<p>According to court documents, Siler was beaten, pushed into an overflowing toilet, hooked to a battery charger and hit with a gun to coerce him into signing a consent form to search his home.</p>
<p>McClellan fired the deputies after hearing the recording.</p>
<p>Former deputies William Carroll, Samuel Franklin, David Webber, Shayne Green and Joshua Monday later pleaded guilty for using excessive force. They will be sentenced next week.</p>
<p>Siler filed a lawsuit Thursday in federal District Court at Knoxville against the five former officers. Sheriff Ron McClellan and Chief Deputy Charles Scott are also named in the suit, which claims they instigated the incident.</p>
<p>A 40-minute audio tape was released Thursday of a recording that captured the violence of that incident. Siler&#8217;s wife secretly made the recording before she was ordered to leave their home by deputies.</p>
<p>Repeatedly, officers are heard asking Siler to sign a consent-to-search form so they can search his house for drugs.</p>
<p>Edited portions of the transcript detail constant badgering, crude language and indicate Siler was in pain during the interrogation.</p>
<p>    Officer Webber: You hear what I told you? I told you not to be talking. Didn&#8217;t I tell you not to talk? That&#8217;s just the (bleep) beginning. This (bleep &#8211; bleep) right here, he loves seeing blood.</p>
<p>    Siler: (moans)</p>
<p>    Officer Webber: He loves it. He loves seeing blood. You&#8217;re talking too much. You&#8217;re talking too much. He (bleep) loves seeing blood. He&#8217;ll beat your (bleep) and lick it off you.</p>
<p>    Officer Webber: I don&#8217;t want your help. I don&#8217;t want your help. I want you to sign that form because you&#8217;re the one we want. We got you. If you don&#8217;t sign it, you probably won&#8217;t walk out of here. We&#8217;ll have to call a (bleep) ambulance to haul your (bleep) out of here. Is there any part of that you don&#8217;t understand?</p>
<p>    Officer Carroll: Sign the (bleep) paper and we&#8217;ll leave you alone.</p>
<p>    Siler: (moaning)</p>
<p>    Officer Webber: Why don&#8217;t you want to sign the form, Eugene? You got a bunch of dope here, buddy? Huh?</p>
<p>    Officer: You won&#8217;t sign it.</p>
<p>    Siler: (mumbles) Ahhhh!</p>
<p>    Officer: You won&#8217;t sign it? You won&#8217;t sign it? Yes or no? Do you want to sign it?</p>
<p>    Siler: Don&#8217;t!</p>
<p>    Officer: Yes or no? </p>
<p>Siler&#8217;s attorney says his client was hit several times on his face and body during the incident.</p>
<p>The tape was released as the deputies head to court for their sentencing hearings next week.</p>
<p>As for the civil suit filed in Siler&#8217;s name, it&#8217;s against the deputies, Campbell County itself, and Sheriff Ron McClellan for more than $19 million.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

