goddammit... "The Cloud" to the fuckin rescue AGAIN...

http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-video-arrest-20141209-story.html

In the early hours of a Sunday morning in March, Kianga Mwamba said, she was on the way home from a family gathering and about to stop to pick up some food for her children at the all-night restaurant Valentino's.

But as she got near, she stopped to record a group of police arresting a man across the street.

Mwamba, 36, flicked on the video recorder on her cell phone, telling officers she was allowed to record. But the situation quickly devolved into Mwamba's being hauled from her Toyota, tasered and charged with assaulting two police officers.

"I'm in shock for real, like are they really doing this to me," Mwamba said as she recalled the arrest in an interview this fall.

And when Mwamba was bailed out of jail that Monday morning, she said the video she made appeared to have been deleted from her phone. It was only when she checked another app that backed up her images and videos to the cloud that she found she still had a copy, she said.

Prosecutors dropped all the charges against Mwamba in September, concluding that there was insufficient evidence to move forward, and last week she filed a $7 million lawsuit against a number of officers she says were involved in her arrest and what she says was an attempt by police to destroy the footage.

The video she shot surfaced online Monday, prompting the Police Department to denounce the actions and language used by one officer.



Ok... so maybe, in the case of people recording video of police bullshit, having a cloud backup copy is pretty much a game changer. I'm not changing my stance on hating the cloud for all other things, but since cops love destroying evidence on a phone, this is where I'll break from my normal stance.


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forcing myself to actually respond to you is like bathing in ebola virus. - Binlahab

Like there is stupid, and then there is you, and then there is dead. - VAsBestBBW

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good for her, although it's not like the cops personally would pay out $7 million, it would be baltimore taxpayers, and i'm sure there is better use of those funds. still, she deserves a victory, and she knew her rights.

i mean yeah. the money is good. but this is bullshit.

it's quite an experience

make sme wonder what they were doing to the guy they were actually arresting.

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The standards for BPD are pretty low, so this isn't surprising. Giving guns and badges to people who barely made it out of Mervo isn't the business. I could write a book on them and their power tripping.

Streets won't let me chill.

Can the cops face criminal charges?

Not sure how she can prove this, but I'm curious.

Wikipedia says "yes," but it's Wikipedia so that "yes" comes with a big pile of rock salt.

http://en.wikipedia.org/wiki/Tampering_with_evidence

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http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr§ion=7-302&ext=html&session=2014RS&tab=subject5

Ok... This might just be the bourbon, but cops seizing a phone and deleting anything off of it screams as if it should fall under hacking "Unauthorized Access" laws. COnsider that the SCOTUS has ruled that a smartphone is basically a computer and that searching one requires a warrant (http://www.nytimes.com/2014/06/26/us/supreme-court-cellphones-search-privacy.html?_r=0 )

... and consider the definition of a computer as spelled out by Maryland's own laws

"... (4) (i) “Computer” means an electronic, magnetic, optical, organic, or other data processing device or system that performs logical, arithmetic, memory, or storage functions."

Which describes every smartphone on the market today.

With these two facts in place (the SCOTUS decision + Maryland law), wouldn't the cops unauthorized access of the victim's phone and subsequent data deletion be considered an act that falls under cybercrime laws as defined by the state (and on a federal level for that matter)???


I think I'm gonna make this a "thing"... SCOTUS has said that a phone cannot be searched without a warrant and cyber crime laws are pretty clear that unauthorized access to data and subsequent destruction of that data stored on a computer (which a smartphone is) are a crime.

Yeah... If there were criminal charges to be pressed, it's here.

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forcing myself to actually respond to you is like bathing in ebola virus. - Binlahab

Like there is stupid, and then there is you, and then there is dead. - VAsBestBBW

R.I.P. Disco D

The cop could come up with some bullshit reason about why he had to use force against her. But throw the book at them deleting evidence.

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