Rant: Moonbat Judge

Another reason to get a quality dash cam and drive safe and responsibly.
Yes, this. It also helps me stay calmer when an idiot is behind me because I want to look good if the video ever is needed for evidence.

So far the most exciting thing I caught with the cam was a goose family about 20 in size very slowly waddling across the highway as we all waited. It was adorable!


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Is a dashcam, not concealed, with audio enabled surreptitious recording for the purposes of Mass wiretapping law?
 
Is a dashcam, not concealed, with audio enabled surreptitious recording for the purposes of Mass wiretapping law?

Dont you just have to verbally warn the other party that you are recording audio and video as soon as they approach? Then it's not considered a secret recording and therefore not covered under wiretap.
 
The problem with producing a defense in a road rage case, is that you can always drive away.

Unless you get trapped at a light or a dead end, it's hard to explain why you didn't just drive to s police station if you felt you were in danger. You all know that they discourage self help on MA
 
Is a dashcam, not concealed, with audio enabled surreptitious recording for the purposes of Mass wiretapping law?

Dont you just have to verbally warn the other party that you are recording audio and video as soon as they approach? Then it's not considered a secret recording and therefore not covered under wiretap.

Tell them it's being audio and video recorded. done



According to this ACLU lawyer, there is no duty to inform if the recording device (dash cam), is 'obvious'.

Do you have to tell a cop you’re using a dash cam?

Medford Police Detective Stephen Lebert was warned he was being filmed, but he didn’t need to be.

Mike captured the exchange on his dash camera, and told Lebert he was being recorded. Lebert said he would seize the camera for evidence.

But Lebert can’t do that. And Mike didn’t even have to tell him he was filming.

In Massachusetts, it is illegal to secretly record someone without their prior consent, but there is precedent for recording police officers, according to Sarah Wunsch, Deputy Legal Director of the Massachusetts ACLU.

In Glik v. City of Boston, Simon Glik recorded an arrest that he thought used an excessive amount of force in Boston Common. Authorities claimed Glik violated the state’s wiretapping law—the one that prohibits secret audio recordings. But Glik’s recordings weren’t secret: He did not intentionally hide his recording device. The court ruled that there is a First Amendment right to record police carrying out their duties in public.

Snip -------------

“If the recording device was in plain sight, he would not have been guilty of violating the statute,” she said. “A dash cam is obvious enough to the police. It doesn’t matter if the officer doesn’t notice it: It’s in plain sight, it’s not hidden, it’s not secretly recording. The First Amendment protects this activity.”

http://www.boston.com/news/local-new...ing-a-dash-cam

Problem is, she's assuming that "A dash cam is obvious enough to the police. It doesn’t matter if the officer doesn’t notice it:
It’s in plain sight, it’s not hidden, it’s not secretly recording".

One can buy a dash cam like this...


DfET7Lw.jpg


Is that particular style/model hidden or not obvious?

I'm not sure how much weight I'd give to her "It doesn’t matter if the officer doesn’t notice it" defense... then again IANAL.

Example: My dash cam is not obvious at all. I wouldn't say that it's "hidden", but it's not exactly in plain sight either. It's barely visible from
the outside during the day and near impossible to see during the night. About the only way one would know that its there would be if they
were sitting in the drivers seat.


Why inform them when you have no legal obligation to do so?

My way of thinking is that the less they know, the more they're likely to open their pie holes and say things they wouldn't normally say

(or behave in a certain way), if they if they knew no recording was taking place.

Why place them on notice when you can burn their ass with their own actions and words?

Upload that shit on YouTube and let them suffer the shit storm to follow.
 
So you take specific action designed to deliver a "message" in a manner most likely not to be noticed quickly, thereby increasing the risk of a collision, and certainly increasing the stress level of someone who apparently already has issues.

Sounds a lot like escalating the situation. Certainly isn't deescalating. I think its a given that in a road rage (and I hate calling it "road rage" because it's really just rage) incident both participants are going to say the other guy started it. What's wrong with just going about your business and ignoring the other guy.

Carrying a firearm is a serious responsibility, part of it is being willing to back off when a situation is about who is "right". I have yet to hear or see a road rage incident that didn't start with someone reacting to something. All it takes is to say (inside voice) "it's not worth it", and back off. Go ahead and show me just one incident where two people just pulled over and started beating the shit out of each other without some prior exchange.
The thing is, on a single-lane road or a multi-lane road with heavy traffic, I have no way of deescalating. I consider a brake-check in such situations to be a deescalation of sorts because I'm trying to resolve the situation before a collision occurs. In those situations, my only other choice is to accept the fact that someone is dangerously close to me and might cause a crash.


Is a dashcam, not concealed, with audio enabled surreptitious recording for the purposes of Mass wiretapping law?
I have audit/video recording warnings posted on the side windows.
 
I consider a brake-check in such situations to be a deescalation of sorts because I'm trying to resolve the situation before a collision occurs. In those situations, my only other choice is to accept the fact that someone is dangerously close to me and might cause a crash.

Please, don't take this the wrong way, I'm not trying to be an ass. But are you reading what you're writing? If someone is "dangerously close" brake-checking (or down shifting as you previously said) isn't going to do anything but raise the risk of collision and is certain, with or without a collision, to raise the other guy's perception that you're the aggressor (his perception not necessarily yours).

His tailgating may be the result of his consciously thinking "I'm going to tailgate this guy" but it's far more likely he's not giving it any real thought (because he's an a-hole or just stupid). So his perception is that you are the aggressor. Or maybe he has decided to "ride your tail". You brake-check him and now its "so that's the way you want to play", and he reacts. Either way its escalation.

The point is that letting it get to you to the point that you take an action is escalating it. And your own words show that on some level you know this "deescalation of sorts", if you have to qualify it, its not.

But IANAP (I Am Not A Psychiatrist)

I'm just saying, let the other guy be an a-hole. Sooner or later someone will get into it with him, it doesn't need to be you or me. I've got better things to stress over.

And yes, in the distant past I have brake-checked someone, it didn't build to anything, but I can look back and say it wasn't worth it, I was just being an ass.
 
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The thing is, on a single-lane road or a multi-lane road with heavy traffic, I have no way of deescalating. I consider a brake-check in such situations to be a deescalation of sorts because I'm trying to resolve the situation before a collision occurs. In those situations, my only other choice is to accept the fact that someone is dangerously close to me and might cause a crash.

That really is a remarkable example of self-justification for bad behavior.

Now don't get me wrong, I'm no saint. I have brake-checked someone before. But I realize that it increases the chances of an accident and it escalates the situations n. When I've done that, it was simply my arrogance and rage doing the thinking.

If you want to de-escalate the situation, turn on your signal and pull over to let them pass, or pull into the first store, or take the first turn you can. Let the guy go -- that is de-escalating the situation.

Brake-checking someone is simply going to anger them even more. You are brake checking them because you want to change the way they are driving. But that isn't your job and brake-checking how they drive.

Just let it go. Don't take the bait.

In 9 out of 10 of these confrontations, both drivers behaved badly. One guy drove slowly in the left lane. The other guy tailgated. So number one brake checks him. Then number two does a dangerous pass, gets in front of number one, and brake checks him hard. And before long, they have an accident and one of them comes out swinging.
 
Is a dashcam, not concealed, with audio enabled surreptitious recording for the purposes of Mass wiretapping law?

No. It is not. But in reality, it depends. You would think Glik would have taken care of that but there is no saying police won't arrest someone, a DA won't charge someone, a judge won't let it go to trial, a jury/judge won't find one guilty, and the courts won't let it stand.

In fact the Glik case is a good example of this. Simon Glik was arrested and charged under that wiretapping statute despite the police knowing he was recording them. They could both see he was and he told them he was. Fortunately that is as far as it got, but under slightly different circumstances it could have gotten further.

Despite Glik several people have been arrested for openly recording since, so a visible dashcam? I can see someone getting arrested for that for sure.
 
That really is a remarkable example of self-justification for bad behavior.

Now don't get me wrong, I'm no saint. I have brake-checked someone before. But I realize that it increases the chances of an accident and it escalates the situations n. When I've done that, it was simply my arrogance and rage doing the thinking.

If you want to de-escalate the situation, turn on your signal and pull over to let them pass, or pull into the first store, or take the first turn you can. Let the guy go -- that is de-escalating the situation.

Brake-checking someone is simply going to anger them even more. You are brake checking them because you want to change the way they are driving. But that isn't your job and brake-checking how they drive.

Just let it go. Don't take the bait.

In 9 out of 10 of these confrontations, both drivers behaved badly. One guy drove slowly in the left lane. The other guy tailgated. So number one brake checks him. Then number two does a dangerous pass, gets in front of number one, and brake checks him hard. And before long, they have an accident and one of them comes out swinging.

This, so much.

A long time ago I was riding with Atilla down rt 13, (single lane) there was this dumb broad in front of us that was driving anywhere from like 2mph below the speed limit (which started at 50, then went down to 25 then back to 30) to like 15+ below the speed limit. Maybe she was on drugs or something, or even intoxicated. I was starting to get livid and pissed off, even if she was constantly going 25 I wouldn't have cared, it was just the constant vacillating. There must have been a line of cars behind us at least like a mile long, because this dumb bitch was causing traffic to back up pretty hard core. Eventually I said "I'm going to stop and get a coffee and light a cigar, I literally can't deal with this anymore, we have a car full of guns and eventually I'm going to hit this broad, either on purpose or by accident, and it ain't worth it... I pulled into the dunks near townsend center and let everyone else deal with the bullshit while taking a 10 minute break, let someone else hit her or agitate her. Life is too short to become embroiled in stuff that can only end badly.

-Mike
 
I hated getting stuck on those roads (Chase Road and RT 119 to Ashby). I've done the same thing where I pulled over and hung out for a second while some slowpoke continued to kill the road flow.
 
It's always a Subaru these days. Such a shame that good cars are getting ruined by vaping hipster douches.

Is there any other type of person who drives a Subaru ? I'm usually not one to care about "image", however, pretty much every liberal I have ever known drives a Subaru, I wouldn't drive one on principle, even if they are decent cars.
 
Some of you driving "saints" must be the *******s going 35 straight through the 45, 40, & 30 mph zones and causing all of this road rage.

Honestly, read the ****ing signs on the road and take a defensive driving course.

Then shut the front door with the holier than thou attitude, it's making this thread reek of formaldehyde and BenGay.
 
The thing is, on a single-lane road or a multi-lane road with heavy traffic, I have no way of deescalating. I consider a brake-check in such situations to be a deescalation of sorts because I'm trying to resolve the situation before a collision occurs. In those situations, my only other choice is to accept the fact that someone is dangerously close to me and might cause a crash...

Rather than brake-check, I turn on my flashers for a few seconds.
There's no risk of triggering a collision, and if the tail-gating continues, I just get out of the way.
 
According to this ACLU lawyer, there is no duty to inform if the recording device (dash cam), is 'obvious'.



http://www.boston.com/news/local-new...ing-a-dash-cam

Problem is, she's assuming that "A dash cam is obvious enough to the police. It doesn’t matter if the officer doesn’t notice it:
It’s in plain sight, it’s not hidden, it’s not secretly recording".

One can buy a dash cam like this...


DfET7Lw.jpg


Is that particular style/model hidden or not obvious?

I'm not sure how much weight I'd give to her "It doesn’t matter if the officer doesn’t notice it" defense... then again IANAL.

Example: My dash cam is not obvious at all. I wouldn't say that it's "hidden", but it's not exactly in plain sight either. It's barely visible from
the outside during the day and near impossible to see during the night. About the only way one would know that its there would be if they
were sitting in the drivers seat.


Why inform them when you have no legal obligation to do so?

My way of thinking is that the less they know, the more they're likely to open their pie holes and say things they wouldn't normally say

(or behave in a certain way), if they if they knew no recording was taking place.

Why place them on notice when you can burn their ass with their own actions and words?

Upload that shit on YouTube and let them suffer the shit storm to follow.

Wiretapping laws in MA do require you to notify that you are audio recording.
 
The thing is, on a single-lane road or a multi-lane road with heavy traffic, I have no way of deescalating. I consider a brake-check in such situations to be a deescalation of sorts because I'm trying to resolve the situation before a collision occurs. In those situations, my only other choice is to accept the fact that someone is dangerously close to me and might cause a crash.



I have audit/video recording warnings posted on the side windows.

What the **** are you talking about?! Doing something that can cause an accident is not a "deescalation of sorts." Please, for the love of God, don't choose this to be the hill you die on, because what you wrote is ridiculous.
 
There are times when you can't get out of the way - that's my point. I like the flashers idea.
 
And brake checking doesn't diffuse anything. It is a good way to cause an accident. JFC.
Ok, I'll just sit there pretending like everything is fine and ignoring the dangerous tailgater. Sounds like a great plan.

On an open road I've tried accelerating away from them - that works sometimes. But yeah, what bigblue said - you saints of the road are probably the annoying lane hogs who do exactly 65 because you don't think anyone should go faster than you.
 
Some of you driving "saints" must be the *******s going 35 straight through the 45, 40, & 30 mph zones and causing all of this road rage.

Honestly, read the ****ing signs on the road and take a defensive driving course.

Then shut the front door with the holier than thou attitude, it's making this thread reek of formaldehyde and BenGay.

end the thread.
 
Brake-checking? Downshifting? Just get out of the way! The left lane is for the fastest drivers. By definition, a guy tailgating you wants to go faster than you. So get out of the way and let him. It's how the road is supposed to work.

If you're moving in the left lane, and you're not the fastest car in sight, you're in the wrong lane already. Your fault.
 
I remember one time Cpher (rip) told me that of you had a child in he car it would be different because you couldn't retreat. Basically he told me that you would be less likely to be charge for prematurely pulling a gun out if you had a child in the car.

Any court cases like this.


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Cpher passed away? I didn't see anything about it on here. Last I had heard he was getting divorced and looking for help to move things.
May he rest in peace.

I remember one time Cpher (rip) told me that of you had a child in he car it would be different because you couldn't retreat. Basically he told me that you would be less likely to be charge for prematurely pulling a gun out if you had a child in the car.

Any court cases like this.


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Cpher passed away? I didn't see anything about it on here. Last I had heard he was getting divorced and looking for help to move things.
May he rest in peace.

Ah no! C-pher is still alive and well. His job takes him all over the US, he is still on the BOD of Mansfield F&G and I've seen him maybe twice over the past year. I remember him stating that he had dropped off of NES quite a while ago.
 
Ok, I'll just sit there pretending like everything is fine and ignoring the dangerous tailgater. Sounds like a great plan.

On an open road I've tried accelerating away from them - that works sometimes. But yeah, what bigblue said - you saints of the road are probably the annoying lane hogs who do exactly 65 because you don't think anyone should go faster than you.

Please tell me how, if someone is right on your ass, that brake checking them and causing them to rear end you if they aren't fast enough to hit their own brakes, is a way to defuse the situation? Tailgating is dangerous, but brake checking a tailgater is even more dangerous. How the hell do you not comprehend that??

I guess you have chosen this hill to die on, and by god, you're going to die on it. This is one area you are so goddamned wrong its funny, yet you want to keep going. Sometimes, you are better off giving up, just as you are letting an angry driver past you. Hopefully you learn that before you get dragged out of a car and get your ass kicked.
 
Some of you driving "saints" must be the *******s going 35 straight through the 45, 40, & 30 mph zones and causing all of this road rage. Honestly, read the ****ing signs on the road and take a defensive driving course. Then shut the front door with the holier than thou attitude, it's making this thread reek of formaldehyde and BenGay.

I'm no saint. I typically drive 5 over the limit on most roads, 7 over on the highway.
 
Ok, I'll just sit there pretending like everything is fine and ignoring the dangerous tailgater. Sounds like a great plan. On an open road I've tried accelerating away from them - that works sometimes. But yeah, what bigblue said - you saints of the road are probably the annoying lane hogs who do exactly 65 because you don't think anyone should go faster than you.

Yes, it is the best plan. Ignore them and get out of the way as soon as you can.

No, I'm not a left lane hog. I only get in the left lane to pass. On the Pike I typically do 70. I stay as far right as I can.
 
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