 Photo by Danny Hammontree |
My name is Carlos Miller and I am a Miami multimedia journalist with more than ten years of professional experience who was arrested by Miami police after photographing them against their wishes.
The incident occurred on February 20th, 2007 just after 7 p.m. at Biscayne Blvd and 67th Street. The five officers were standing inside a construction zone that was closed off to traffic because of an ongoing road construction project. I was standing inside the same construction zone, about a half-block from the officers.
When the officers spotted me, they ordered me to keep walking as this was a “private matter”. When I reminded them that this was “public road”, the officers abandoned the investigation to deal with me.
After one of them escorted me across the street, they ordered me to continue walking away from the scene of the investigation. When I refused and continued to take their photo, they tackled me and bashed my head against the pavement, breaking a $400 camera flash and threatening to shoot me with a taser gun.
I ended up spending 16 hours in the county jail on nine misdemeanor counts, the main charge being that I was standing in the middle of the street taking photos obstructing traffic.
However, if you look at the picture I took seconds before they arrested me, the one in the header of this blog, you can the street behind the officers.
I pleaded not guilty and after 16 months of delays, cancellations and false starts, I finally went to trial. After two days, the jury found me not guilty of disobeying a police officer and not guilty of disorderly conduct. However, they found me guilty of resisting arresting without violence.
So now I am preparing an appeal to fight the resisting arrest charge. Thankfully, the Society of Professional Journalists has been extremely supportive during this legal ordeal.
I started this blog to document my trial, but as it languished, I began documenting First Amendment violations against other photographers throughout the country, which occur on a shockingly regular basis.
To read two years worth of blog post relating to my case, click here and read from the bottom up (just keep on clicking on “previous entries”).
The beauty of blogging is that nobody is paying me to write. And nobody is censoring me either.
Blogging is Freedom of Speech at its purest. For that reason, I welcome all comments, including from the many of you who disagree with me. I do not moderate comments.
In fact, since starting this blog, I’ve been insulted, ridiculed and threatened, but the only comments I’ve deleted were comments that were racist and derogatory towards others.
I’m always up for a debate, but if you’re one of those people who cannot debate without insulting and making personal attacks, I will not even respond to your comments.In the meantime, I will use this blog as my soapbox. As my bullhorn. And maybe even as my confessional booth.
I will rant and rave and report and reveal and maybe even recite some of my rhymes.
I will mock and madden and maybe even muckrake.
In the words of the great Henry Miller who inspired me to live in Europe as a struggling writer in my twenties, I am going to sing for you, a little off key perhaps, but I will sing.
-30-
Please help the fight by donating to my Legal Defense Fund in the top left sidebar, which helps pay for the thousands of dollars I’ve acrued in debt since my arrest. To keep updated on the latest articles, join my networks at Facebook, Twitter and Friendfeed.
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You know its people like you that set a bad example. Photogrpahy may be a hobby, or your career, but…..you should ask for permission before you take pictures. I would have done worse, aside from beating you….your ass would have been locked up with a 6 foot tall apeman who hasnt had ass in a long time. No wonder people dislike your kind so much.
Next thing you’ll say is that photographers should have their own schools!
Go Dolphins
Ask permission? Should the guy who taped the Rodney King beating have “asked permission” before he started filming?
M…do you understand the idea of a First Amendment? If we only photograph what we are given permission to photograph…guys like Stalin take over.
M… it is his given right as an American to photograph people in public. I am reminded of this article in the New York Times that helps defend his cause more. carlos, keep up the good fight man. this country needs people like you more than ever these days.
New Miami Blog: Carlos Miller « Boom or Bust: Miami // Apr 30, 2007 at 4:33 PM
[...] the nine misdemeanor charges they conjured to justify their arrest. My trial begins May 7th. Click here to read [...]
You say you were in a closed construction site- sounds like trespassing to me. Be it a public project or a private one, construction site perimeters define what’s public and what’s not. Besides, from what you narrate, they gave you two clear warnings. One thing is to film a beating in a public space, another one is to trespass into an investigation.
Mr.me,
Can one possibly trespass on a public road? I looked through several Florida statutes and could not find anything that states this could be a crime.
If it is a crime, then it’s too bad the cops didn’t come up with the trespassing charge in the first place. Instead they claimed I was standing in the middle of the street, which is a lie as I would have been killed on this street because there are no bike lanes or medians.
And yes, they gave me at least two clear warnings or orders to leave the area, but this is what is called “an unlawful order” because I had every right to be there photographing them.
While what they did to you is wrong, but maybe it would have been prudent to get the hell out of Dodge after the first warning. I don’t know your situation, but that would have been what I would have done. Then raised hell with their Internal Affairs bureau the next day. Contacted the Herald, New Times (even though they’re socialists), and the SunPost, as well as Channel 7 since they love this stuff.
I shoot for a living, but I don’t have the finances yet to risk losing my equipment (i.e. my livelihood) in a confrontation with the cops. Sure, they say you’ll “get it back”, but I’ve seen items come back from police handling in a pretty sorry state. That, and I don’t have the resources for a protracted legal battle with the PD. In the end, I might win and be able to pay for it all, but the interim battle would deplete my resources.
If you do have the ability to take them on, then good for you for fighting the good fight.
The real crime is that you’re not able to grasp the concept of a blog. See you write “posts” and people “comment” on that post. Perhaps, you felt that the comment section was a place for you to reflect on yourslef; but, alas, even a cursory look at the Wordpress documentation would have been sufficient in preventing you from looking like moreso of a fool.
I would say that I look forward to listen to you bitch and moan about whatever it is you plan on doing in this blog, but I fear you may never figure out the subtle nuances of wordpress.
Carlos is fighting for rights that most of you don’t even know you have.
I’ve been there, done that. I too am a journalist who got arrested for not only for taking photos in a public place BUT ON MY OWN PROPERTY. Cops really don’t care what the law is. I was sentenced to 9 months in jail for taking photos of a person who was stalking me, using the photos to document that person’s harassment of me. Instead, the sheriff—who has long vendetta against me and my newspaper for coverage of the sheriff’s department he would prefer not be publicized, used his position to falsely arrest me and cause a malicious prosecution. It took me over seven years but I overturned the conviction. Am now looking for an attorney to file a federal claim for me but no attorney here wants to sue the police. My thoughts are with you. Journalism done the right way is a damn hard job.
Rod,
I would love to interview you and write a story on your case for this blog because I want to document all abuses against photographers.
I too had an encounter about taking pictures in Miami…Not as serious as your situation but you may want to check it out…
http://www.transitmiami.com/2007/05/miami-see-it-like-anything-but-native.html
Gabriel,
Quite a story, but not surprising. I wished you would have photographed the U.S. Marshal and rent-a-cop (was it Wackenhut by any chance?) to show them you have every right to photograph them, even if you are being harassed.
Maybe if we post enough of their pictures on the blogosphere, we can get them to learn the law.
Of course, that could also win you a visit from Homeland Security, who is trying to put together a National ID program as we speak.
I think that U.S. Marshall came dangerously close to violating your Fourth Amendment Rights, which supposedly protects us against unreasonable invasions of privacy, or searches and seizures, by the government.
According to the following case law study, the exchange between the Fed and yourself was completely consensual, meaning he was in his right to ask for your ID. However, you would also have been in the right if you would have refused to provide that ID.
In fact, you could have walked away from him. Maybe even turn around and snap a few irritating photos of him as you wave good-bye, which as we both know, is a First Amendment Right.
The bottom line is, you were not acting “suspicious” by photographing a federal building in broad daylight in full public view.
Police cannot "detain" you WITHOUT YOUR CONSENT. By continuing to stay there and by talking to them, you are giving your implied consent. But you may not leave if they are in the process of arresting you, since in that instance you would be "avoiding arrest."
What I have found useful when being detained is to say: "Am I under arrest? If not, then I would like to leave. And if I am under arrest, then I would like a lawyer." This alerts the cop that you know your constitutional rights and places the cop in jeopardy . . . either (i) s/he allows you to walk away or (ii) s/he must (A) determine that s/he has "probable cause" to arrest you, (B) arrest you and provide you with all requisite rights, and (C) refrain from asking you any further questions because you have asked for a lawyer.
No one has a right to privacy in the public realm, this has been established by legal precedent.
“I am a Miami-based writer, reporter and photojournalist who was arrested by Miami police after taking photos of them against their wishes.”
Did you actually read the police report? I did and it’s clear they didn’t arrest you for taking pictures. You were arrested and charged with nine various offences, none of which are “taking photos”.
Gawd, I can’t wait to see you convicted.
The police have enough bullshit they have to deal with and then a malcontent like you has to flit onto the scene and give them a hard time.
Unfortunately the laws of the land can’t jail you for your photography, because it blows.
You challenged the authority of the police and they always win such challenges, at least in the beginning of the process. They have the power of arrest and detention. Alas, they do not have the sole power to convict. If the facts are as you presented them, I hope you prevail. I, for one, am tired of hearing the endless lament of “how difficult their job is.” As an ex-cop, I know all too well how many of them relish their “difficult” job. Thank God camera phones and amateur video are more pervasive nowadays. These are the best tools a free society has to insure our public servants endeavor to “protect and serve” rather than kicking the sh*! out of anyone they please.
Carlos whats the word on your trial?
Can you give us any updates?
KWM » Do not photograph 3701 N. Fairfax Dr., Arlington, VA // Jul 11, 2007 at 7:30 AM
[...] able, we need to take a stand. We need to know our rights, document the fact that we’ve been wronged, and work for change. And if we fail to enact change, the very least that we can do is make it such [...]
Found this site when reserching my right to take pictures under similar circumstances to yours. I was yelled at by a City of Chicago police officer today when I attempted to take a picture of the Batman movie set. I was standing on a open public street in downtown Chicago, shooting into a street closed for the filming. I didn’t push it, but I wondered on what authority the police officer could prevent me from shooting. Apparently none.
Best of luck with your court case, and whatever civil suit follows it.
Like WT, I found this site while researching my rights to take photographs in a public place. They are filming a major feature film (Dreamworks producing, Peter Jackson directing, several Oscar-winners in the cast) on my street — not just my town, not just my neighborhood, my actual _street_ — and today the rent-a-cops started harrassing the neighbors for taking photos. I complied with the request not to take photos because I respect the people in the production and don’t want to hassle them, but this evening when one of the thugs came over to harass a very nice woman from the neighborhood for snapping a picture from about 1000 feet away with a Hello Kitty camera, I lost my temper. I mean, with a camera like that, all she was going to get was a big brown blur, anyway! So when he finished threatening to throw her off the set (her _own street_, remember), I said very politely, “Excuse me, what law is that?” Pause. No reply. “Because this is a public place.” He went on to inform me that this _wasn’t_ a public place, and that did I want them to erect a large black screen so that we couldn’t see anything?
Now, besides the fact that it’s doubtful that rent-a-cops have any say over what is and what isn’t erected on or near the set, what caught my attention was “This isn’t a public place.” Whhhhaaaatttt?
Of course, it _is_ a public place, and if public figures are filming on a public street, there is no expectation of privacy there, and that is key. So I knew that this threat had no legs. But I also didn’t want to get tackled by an overzealous, fat, smelly rent-a-cop.
And obviously, Dreamworks still holds all the cards – if I press the point, they can simply move the blockades farther back and put us an interminable distance from the action (further inconveniencing us with regard to getting in and out of our houses, when we’re already plenty inconvenienced), so I won’t. But I plan on going over to that rent-a-thug tomorrow when I go back to the set, and explaining my rights, and the law, to him.
Good luck, Carlos.
Another journalist arrested in Miami « Photography is not a crime; It’s a First Amendment right // Oct 24, 2007 at 12:46 AM
[...] About Even the British courts understand the rights of photographers [...]
Raw footage of video shows reporter was never standing on the grass « Photography is not a crime; It’s a First Amendment right // Oct 25, 2007 at 4:23 AM
[...] About Another journalist arrested in Miami [...]
I as well as many here found this site because I was looking into other cases of Police abuse concerning Free Speech.
I am a freelance photographer, so without anyone in my corner I am pretty much out there without any backing for the most part.
In Feb 07 I found myself in a similar situation – I was illegally pulled, detained and arrested for no reason. They never charged me with any crime nor was any crime discussed in the over two hours they held me and questioned me.
I have filed a Federal Lawsuit and filed criminal complaints with both the FBI & DOJ concerning my case.
If you would like to correspond with me Carlos feel free to send me an email and I will give you the entire sorted affair! I have a trial date of Sept 08 and refuse to settle out of court!
The Ouachita Parish, Louisiana Sheriff and his boys are going to face a Federal Judge regardless of if they think they can buy their way out of this!
This is not about money to me – it is about making a living doing a honorable job!
For the idiot that says he would have done worse to Carlos than he got, You sound like a brainwashed cop! What you do not understand is every time you violate someone’s rights you also do the same to your kids and family! Imagine that you take my rights away today and tomorrow another brainwashed a hole that takes your place does the same to your kid! Then you would cry and raise hell wouldn’t you buddy? Cry to yourself – you are setting the playing field! You will not last long with the attitude you have and have no business in Law Enforcement period!
I sure agree that the guy that backed the cops’ unlawful and illegal actions is surely an idiot.
Without an indictment or caught in the act of intentionally violating another’s rights, cops have no authority to arrest and even approach one of our people.
Now they have been reduced to
Gestapo acting agents for the government, without thought or reasoning abilities and I doubt if one out of every 100,000 of them know the truth about the freedom we all have, and none could actually explain the limitations placed on them and their boss – the government that hired them – by the Constitution for the united States of America or their state constitution. They are, to a man and woman, as ignorant as those that support their unconstitutional actions against the people.
And, court processes that determine otherwise are guilty of multiple violations, including treason and terrorism against the people.
Begin your education – look up mala in se and mala prohibita crimes. We people may only commit mala in se as no government in fact has the authority to regulate our rights.
you think thats something i was stung over 30 different times by tasers while i was on my hands and knees with no weapon stung till i died had renal failure heart blown out went from weighing 245 to 210 in seconds then while in the ambulance just after being revived after not breathing for over 8mins was strapped to bed and stung twice more in the neck till i went out again but was in a comma for 5 days not to mention all the medication they gave me that federal law says not to mix talk about shocks the mind i wish you was there to take pictures.
and all this happened in kinston north carolina
Marion,
I wish I had been there to take pictures myself. What did you do to deserve all that?
Mr. Miller,
You never made mention of why the officers were there in the first place. It seems to me to be an inordinate number of publicly paid peace officers to guard a “private matter” consisting of a seemingly ordinary construction zone. What am I missing here?
Sincerely,
Kris Knights, Former Reporter Extrordinaire Who Used to Scoop You For All The Good Stories in SW NM, not to mention drink you under the table at Van’s Adobe Deli
Kris,
Good to hear from you, man. But you never scooped me. Or drank me under the table.
When I used to work at the Sun-News, I used to own you guys at the Headlight. The best thing that ever happened to the Headlight was that I left the state for a job in California.
And speaking of the Adobe Deli, I stopped there a few years ago when I was doing my cross country trip from Phoenix to Miami.
Nothing had changed. Those were good times.
About my arrest, the officers were investigating some type of accident. I later learned that they had just wrapped up the investigation and gave the guy a ticket, which is why they were all able to approach me like they did.
The whole thing is stupid. They had no reason to get all bent out shape with me.
But that’s how cops are down here.
Sorry that happened to you, but at least it’s given you the platform with which to document blatant disregard for our First Amendment rights.
I’ll keep following along with the progress of the trial. Nice pictures on the site, your skills have definitely progressed. And next time I’m down in South Beach (was just down there), I’ll track you down.
Kris
Marion,
That story was ridiculous and obviously greatly exaggerated. Nice try.
Kris,
I wish I would have known you were down here. I would have shown you the good spots.
Thanks for stopping by to my little corner of the blogosphere.
I just found your site via nelsonfoto.com, and I thought this might interest you:
http://www.masslaw.com/break012908.cfm
Keep up the good work!
OldProfessorBear,
I appreciate you dropping by, especially with that link.
I’ve heard this happening in one other case where they arrested some teen with wiretapping because he was filming the cop.
It’s unbelievable, considering our own government has admitted to using wiretaps against citizens.
I am going to write about this, but right now, I’m focusing on the incident that happened at the Stark County Jail.
Thanks for the tip.
Carlos
Carlos:
This is a tough one. I am a paralegal by day and freelance photographer by night. First, I salute you for having the guts to enforce your first amendment rights. Second, our legal system, in the US and State of Florida, is all screwed up. On the one hand we are given freedom of speech and of the press, but on the other hand there are laws, or bonehead cops, that contradict these rights.
If I had to guess, not all of the officers were on the same page. Some probably had no problems with what you were doing, but the one who did, in effect, changed the minds of the others. Every experience I have had with the Miami Police has been a horrible one. From being accused of running the stop sign, that every cop I’ve seen runs, to being told to get out of the taxi lane downtown or “I’ll get your ass.” (By the way, my husband was picking me up from work and the car was there for just a second).
Anyway, I think just from reading your blog and some of your own comments that you seem like you could be more aggressive than some (meaning with protecting your rights), but that still does not excuse their (cops) actions.
I hope your case sets a precedent. I still hope that maybe one day I can say something nice about the law enforcement in this county, but for now, I just want all of the crooked ones to get what’s coming to them.
And, I’ll pray for those ignoramus commentators.
Great idea blogging about it. Good luck, and best wishes.
Why do you want to follow the police around and photograph them anyway? They all ready have their hands full without knuckleheads photographing them while they work. It sounds like you were more of an interferance than a simple photographer in the area snapping shots. I am all for you being able to photograph whatever you want, but when photographing the police, you shoudl be sure that when you are orking, you are not actuallying interfering. Meaning, take your pictures, but don’t get in the way.
Dear Carlos,
I was almost ready to buy your story, until I noticed the picture of you with your “RAGING LIBERAL” t-shirt on…that’s where you lost me buddy.
You see, Carlos, the reason that America is going down the toilet so rapidly is because people like you have ADUSED every part of the Constitution for your own personal benefit and agenda’s.
Now it is coming back to bite you and payback is a bitch.
You had no idea what was going on and it’s not inconceivable that they gave you an instruction for your own safety.
You are the one who chose to disobey the directions of the police (more than once) so what is your problem?
Why is it that all the liberal types are always looking for a ’soapbox’ or ’cause’ of some kind?
Why don’t you folks look for some real work where you might actually get your fingernails dirty?
I really hope that the full weight of the law comes crashing down on your thick liberal skull and that you fully reap what you have sown.
I hope your lawyer gets very rich while you lose your case.
I did look at some of your photos…and they are very good. What you don’t understand is that there are a number of people who have rigged up cameras to fire .22 calibre bullets. This is well known in law enforcement. They have also done this with cell phones etc. Simply Google camera guns and cell phone guns. You will find several way to purchase these items. Next, about your story of being a complete innocent victim is a joke. I am not saying the Police are completely innocent either, but I am sure you provoked the situation by having a big mouth and when asked to leave, which they can ask during an investigation you refused, thus breaking the law. Once they decided to arrest you, you likely ran your mouth morw and started a confrontaion and had to forced into handcuffs. it is ignorant people like you who don’t understand that the constitution does not allow you to get in the way of Police while they work. This is likely the reason you lost your case, not because the officers lied. I am sure if you had evidence you would have pesented it, but you likely had no leg to stand on. Hopefully you learned how to photograph while not interfering in an investigation. I am sure they would have been forced to allow you to take photographs if your were not breaking the law.
I used to wonder how this once-great nation morphed into a police state. Now I know. The majority of Amerikans are clueless as to what’s going on and ridicule those who do know.
Mark, you are absolutely correct. Ninety-nine percent of Americans have no idea as to what is going on. They are dumber than a box of rocks and that is exactly the goal of education, politicians, attorneys, judges, and, of course, cops that love beating up on our people. Psychos, the whole bunch.
They have no right to privacy when they’re out in public, but they do have the authority to tell you to move on. If it’s possible that you could be distracting them from an investigation, you should move on. Cross the street; use your zoom to get the closeups. If you need a different angle, cross the street – it’s simple, bro. Good luck with your case, and for the next cop-shoot, remember to keep your head.
Wally and Josh,
He was on a public walk across the street from the actions of the officers. They came to him not the other way around.
Keep in mind, a police officer does not have the authority to issue just any command. They have no authority to order anyone to stop taking pictures of public officials in a public place. They can order you to move, if you are breaking the law, (but you must be breaking the law) but that is it. Carlos has the right to photography them. Period.
Until you become a photographer or a reporter and get hassled your statements are opinions. And opinions are like ass holes, everybody’s got one.
Josh,
I do not interfere with officers when I photograph them. I’ve been doing this for ten years. I know not to interfere.
Wally Wombat,
Objective opinions like yours are so refreshing.
I have great news for you and everyone else that are AMERICANS! We have RIGHTS and we should exercise them as much as possible.I have learned so much about our rights as AMERICANS!We at all times are being fooled and taken advantage as people that are not aware 0f what our constitution stands for. And alot of times police will intimadate us because of our lack of knowledge.We the people of the United States of AMERICA need to educate ourselves with all understandigs of our rights!!!I beleive that GOD uses people in misunderstanding ways to get what is right to come to pass.I want to let you know Mr. Miller that GOD is with you and you need to stand firm on your RIGHTS and fight the good fight for all of us!!! And you are definately in our prayers!Don’t give up and pray as much as you can..
GOD BLESS YOU
SEAN
I’m a part-time photographer and have had brushes like this, but didn’t want to spend time in jail. The fact is that our rights mean nothing anymore. I never thought I’d see a “Free Speech Zone” …I mean, isn’t the whole country supposed to be a free-speech zone? The police can do anything they want, so long as there’s no witnesses and they don’t damage you too badly. I’m afraid that this may be the way America is now. I’m almost 50 and I’ve never seen our country so damaged. I fear that the only way to be free in North America may be to move to Canada.
Wow, hadn’t read Wally and Josh’s remarks; these are pinheads whose entire knowledge base originates from Rush Limbaugh mouth.
It only accentuates the mess our country is in. Very few people even know or care what FISA or Habeas Corpus are, because they can’t break away from professional wrestling long enough to read about them.
Just in case you’re too slow for veiled references, that mean you Wally, and you, Josh.
I hope you find that rare judge who actually believes in our Constitution and a jury who will actually read it while considering your case.
Law Enforcement can’t handle Free Speech — and American can’t handle that truth
Hi Carlos,
Keep snapping away…We need more people like you in this town. I know how the cops can be..I live here…in Miami that is.
Let us know your court date is. We should all go and rally for you.
Good Luck!
Maria
I really admire what you’ve done. One of the millions of problems with this country is that the people are scared of the government. In any other semi-civilized place in the world, the government is scared of their people. I guess everyone here is too comfortable with their plasma screens and their iPods to start a revolution.
Remember: there is no freedom in America, only the illusion of it.
Carlos… good luck with your battle. And more power to you. I’ve been on the receiving end of someone hassling me in public for taking pictures on the street but not like you. Sad that we’ve stepped this far away from our constitutional rights. Keep up the good work!
A construction zone on a public road is PUBLIC property unless it is specifically fenced off -think chicken wire or chain link- for one reason or another. Traffic cones, barrels, and those sawhorses (non police barricades) with blinking yellow lights DO NOT close a road to pedestrians. The cars were slowing because they saw police cars on the edge of the road first, then the altercation second. Your arguments fail miserably.
The notion that Carlos interrupted an investigation is absurd as well. Why do you think they have police line tape? If it had been a murder scene or robbery or proper investigation there would have been a perimeter set up at its outer edges. He would not have been able to get close enough to interfere as he’d probably have been already yelled at/tackled. Again, your argument fails, pathetically.
And a .22 in a camera?? Are you serious?? Yea it’s just SLIGHTLY unlikely some guy is going to try to attack 4-5 Glock wielding cops wearing body armor with a .22 -it has a tiny, relatively low velocity bullet- mounted in a camera (hard to aim) IN FLORIDA! You can buy whatever gun you want there! Besides why the hell would he mount a FLASH on it? You fail at LIFE Mr. Bond. Fuck off and DIAF.
Good for you Carlos, for fighting this. If you can prove you weren’t interfering or in the way I think your case is solid. Thank you for helping to remind them that we have rights they must respect.
Remember kids! The second amendment protects the rest, and kevlar makes for lousy hats.
Oh and btw, nice photos!
wally and josh shut up.
have a nice day carlos& stay safe
you shouldn’t have gotten arrested in my opinion
TEAM CARLOS MILLER!
Thank God for people like you. Most Cops think they are above the law and above the constitution and can do whatever they please. There is no reason you they should have arrested you. Why does it matter if you are taken pictures UNLESS they are doing something wrong? Keep up the good fight and sorry about the judges ruling but at least the jury was smart!
We live in a police state. I used to think that the police were ignorant of civil rights. Now I think more often than not they understand the civil liberties they are trampling opon and just do not care. They expect a fear reaction and demand blind obedience. They know they can get away with whatever they do and are more than willing to lie if it protects them in doing what they want.
I hope you whip their lying bully asses and I thank you for standing up for our rights.
God bless.
Thanks to a relative, I have had the eye opening experience with the federal level of the judicial system.
Judge’s are allowed to flex their personal opionions as law, instruct the juries as to what “reasonable doubt’ really means (if you have doubt, get over it) and the cops and prosecutors are just the bullies that enable the judges.
I give kudos to you for your common sense approach to your blog and am sorry to hear they broke you flash.
After 4 years, the PD still has my relatives computer, eyeglasses and sneakers among other personal items taken from him during his arrest.
Good luck to you. Maybe someday you’ll get called up for jury duty. See what happens when you tell them that whatever the case, you will be complelled to vote not guilty because the police and prosecutors are affiliated with the case! It’s actually quite humorous!
This is a great story about what it means to have a free press, separate from the rigors of governmental oversite.
The only time the fascists in the extreme wing of the GOP bring out the first ammendment is when they block access to abortion clinics, or allow people like Rupert Murdoch to continue to gobble up media in a monopolistic manner.
I have just been alerted to your situation and wish you the best of luck. I hope you will appeal the judge’s obviously biased sentence. Verdicts and sentences such as this can set a precedent, and its implications could affect the legal rights of photojournalists and street photographers nationwide.
Hey Carlos,
Just heard about the story and that is unfortunate. I have to say that shooting in city has become harder and harder. I keep being constantly harassed by security, cops etc… for mostly false pretexts.
The laws are so unclear and they seem to take advantage. and God forbid you shoot with a tripod…
Whereas I am always for standing up for your rights, this just has a certain “I’m gonna poke a bear with a stick and then bitch about it when I get hurt.” feel to it. Yes, you were well within your rights to snap pictures until your little liberal heart was content, but anyone with a lick of common sense living in these Fascist States of America knows. I’m glad you weren’t convicted, but I think if you had just said fuck it I’m not gonna press the issue……this blog, this trial, this entire situation could have been a memory rather than a soapbox. That being said, congratulations on fighting the law and winning.
ScottinFlorida -you are an fucking idiot -period. The average cop is little more than an average performer that barely graduated from a university system in a country with a shitty university system. They are Looking to start trouble most of the time and abuse their power all the time. Most good cops quit because the department environment sucks for that very reason and the pay does too.
Do not get me wrong, it is nice to have a guy or gal around with a gun, when mine is out of reach, and you have some wack-job trying to take your wallet; but, normally mine is close and I have a few more black belts than the orange belt the average cop has anyway. Now-a-days many many cops could not do shit without their gun, spray, taser, or back up; look how many showed up for a guy taking pictures!
So, we are left with over worked cocky assholes who think they have the right to fuck with whoever they want under the claim to be protecting us from non existent terrorists -they have become the terrorists.
I now have this handy dandy audio and video recorder I keep in my car that I can use at the drop of a dime when a cop tries to fuck with me -and they do…for about 30 seconds.
I respectfully ask the reason they are detaining me and in inform them that if they have no that they continue there patrol as i have no interest in conversing with them, and our interaction has been digitally documented; They walk, every time.
There is no law that says that I have to talk to them, produce id, or tolerate an interrogation with out probable cause. Of course, if I am out of line, or am breaking the law (normally reveled by the cop in the first place), I move along and thank them for their time -or take my ticket. But, if they try to pull the big dick routine, I make it clear that every second of the interact will be recorded, and that If they have no reason, they should leave me the FUCK ALONE (i say it much more nicely)!
Everyone should get hold of, or make, a recording devise that will capture as much of the interaction as possible, the future is dim for shitty cops trying to sling their weight around.
If they ever state that they do not want to be recorded, ask if they have a patrol cammy in their car; the answer is always yes. You have just as much right to record as they do. Also, if you are arrested, subpoena the tape from their car.
But by no means put up with them violating your right, you should know them inside and out. Start by reading the very short Doc titled, the biil of rights… or be their bitch.
The person who said the cops always win in the beginning is correct; they have the courts on their side… until the average citizen can record their BS with detail… then they start getting fired -as they should.
Everybody better start standing their ground or our liberties will be gone quick.
This is bullshit. Carlos, I don’t know how your parents raised you, but its generally accepted that you obey police officers. They tend to know what they’re doing. You didn’t need to take the photo. You did it to make a point. They beat your head in to make a point also. That point is don’t fuck with armed police officers. Seriously, I don’t sympathize at all. Stop be a self righteous “The first amendment lets me do and say whatever I want” asshole. Seriously, think next time. Damn.
It is you people that believe cops have authority to tell you anything they want, and that the best thing is to blindly obey is exactly why this land is no longer the land of the free but was changed to Gestapo Ameri-Ka.
Get some balls or whatever and stand up for your rights or you have none. I was raised that way and have never regretted it.
I wonder how in the hell people like you that are scared shitless of government react to people that have had family members die, or those that have been mutilated allegedly protecting America and human freedom.
Be a servant – I choose not to be and will uphold my oath I took 45 years ago to defend the real America, the one established by the Declaration of Independence that established we people as the sovereignty and the Constitution that limited government to being our servants.
Do as you want, you losers that side with cops, but if you are afraid to stand for liberty, then leave. America has no need for you, as you will not defend her and its people.
Carlos, I don’t know how your parents raised you, but its generally accepted that you obey police officers. They tend to know what they’re doing.
J, you must be a cop. The jury found me not guilty of disobeying a police officer, so basically they were given me an unlawful order.
In other words, these cops didn’t know what they were doing.
You might want to check the resources at our flickr group “harassed photographer”
http://www.flickr.com/groups/leavemealone/discuss/72157600112017365/
I support you! My best mate is a reporter and I see him go through this same kind of police state BS all the time! If it were not for reporters and photographers there would not be any news. There would not be any people left to report major issues that effect us. There would not be a way of reporting a police state.
You just have to LOVE how the cops put up cameras all around a city and claim “Oh its Ok these cameras are there to protect you” but when the same said cameras take the COPS pictures it s a different story now isn’t it.
You sue the pants off them! Don’t let them intimidate you.
While I am just another faceless namesless net surfer know that I do support you and your freedom of speech 100%
That’s why they are still called pigs.I ride a motorcycle and am never treated fairly.
I fully support Carlos! I was recently involved in a similar incident. Carlos posted the incident and emailed the link to this blog. I was shooting photos of a high speed chase / drug deal gone bad. I was in the street…ON PUBLIC PROPERTY. I have had emails that support me, and like Carlos, some that think I got what I deserved. I realized that if we do not fight for our rights, we will lose them. I did not comply with the officers, but they did not have a right to command me to do anything. I too will be in a similar situation…in a court room most likely. I will fight to the end to protect the rights afforded to all american citizens.
It’s stupid to think that its wrong for a journalist to take photos of anything, he was in a public place we as americans have rights that was set down long ago that insured our freedom to do within those amendments. You cant change those for just not wanting your photo taken or invading your privacy, when your in a public place nothing is private since its not your property. Those people who think what he did was wrong are retarded and don’t understand anything and take advantage of their freedom not knowing how it would be like to not have them.
WinExtra » No Offence Thomas Hawk But You’re Coming Late To The Party // Aug 10, 2008 at 7:08 PM
[...] the end of July I wrote a post about this very thing where I related the story of Carlos Miller and Adam Kokesh both of whom are in court battles after being arrested by police for taking [...]
Hmmmm, this matter becomes complicated. I guess the whole matter is what the police where doing there. If they were just directing traffic that’s one thing, but if they were involved in an ongoing investigation, such as murder or armed robbery, then they and whoever else, such as victims, DO have a reasonable expectation of privacy. How would you feel if your wife got involved in a hit and run and a photographer was taking pictures? I don’t know if this is the case, but even if the police were just directing traffic, it is rather rude of you to take their picture weather or not it is legal. Now You probably should have not been arrested and charged with the multitude of crimes, but the police do have a job to do. But anyway most of this has been my opinion. The part about the constitution and expectation of privacy I learned in my constitutional law class here in college so that is fact I know. Thank you for taking the time to read.
You are getting a raw deal. It is unfortunate that the police don’t know their place. Most of the time that I end up dealing with them they are way out of their bounds. Keep up the good fight and put them in their place. I have been harassed way too many times. It needs to stop.
SCOTT!
You’re so hot and cool!
hey everyone.
i think that what carlos did is brave.
I really admire him for it!
love ya carlos!
Carlos shouldn’t be getting in trouble for doing something completly harmless.
It’s not fair that he should be treated in this unjust manor!
I hate the po-po! They shouldn’t exist!
carlos,
something like that happened to me as well!
one day i was taking pictures at a carnival and then I got tackled to the ground and my $250 camera broke into pieces.
i was so upset!
why should I not be allowed to take a picture of my daugher riding the roller coaster?
That is completly unfair and then the police men hit me in the face when i asked why they tackled me!
I really dislike the police, they seem like they just want to arrest someone for no reason!
Is that just what they like to do…… I suppose!
Luckily they let me off with a warning, but Carlos I must say you really inspired me to stick up for myself and not let the bullies aka the cops try to bring me down!
Keep up the good work and keep fightin man!
i love who ya are man
stay true to yaself
i hope to talk to ya soon!
-GREG LANKA
Hello Carlos.
In journalism class we have to do a powerpoint presentation on a case and I chose to write it about you.
What happened in your case was that you were completly innocent!
If you would like to see the presentation I would be glad to send it to you.
Have a good day!
It’s people like you that make any country a better place. Have at it.
Go Carlos Go! As a former Marine you are fighting for the same rights I took an oath to defend. The corporate controlled media in this country shows so little of the injustices like this that occur. Its great to know that there are some people out there that not only know their rights but have the balls to stand up for them
Hells yes! You’ve got the balls that most photographers wish they had. You overturn that conviction and the shitstorm that follows could hit a national level, bringing the First Amendment to the forefront of the media. You have my full support.
Way to go Carlos! You get out there and sue those police officers asses! Photography is a first ammendment right. That is something many cops need to get through their thick skulls. Hopefully, your lawsuit will show other cops that everyone, including the police, needs to follow the law.
Carlos,
I agree that photography is a first amendment right. But, by disobeying an officer of the law and agitating them/ impeding a possible investigation, your arrest was valid. The fact that you disobeyed four separate commands and resisted arrest the conviction will stand as it is deserved. Officers are here to protect and serve, and if you have a bystander aggravating their duties, you will be dealt with accordingly. If you deliberately disobey an officer, you are just asking for trouble. I believe any judge that reads the report will leave the conviction. I am glad to see that the other charges you were brought up on were dropped, those were bogus. But you got to understand that when you decide to just do whatever you want, whenever you want at the expense of others (police officers), the legal system will kick you in the teeth. When are you going to fix up your website, or are you in jail? I’ am a web designer, if you want me to hook it up for you.
Bryan,
They dropped the “disobeying a police officer” charge.
The one I’m fighting is “resisting arrest without violence” but I did not resist arrest.
I like my site the way it is. How would you recommend fixing it up?
I see we have some authoritarians here. One big problem I have with you folks is you aren’t worried about the government having too much power until the Democrats are in office; the only rights you really seem to care about are the “right” not to pay taxes and the right to bear arms (which I support, btw).
Setting aside the fact that Republican leadership has cynically exploited the beliefs of its members for their and their buddies’ own personal gain, literally at the expense of everyone in America, there are other rights which the Republican party is gleefully stomping all over with the delighted support of fascists like some of you: free practice of religion (not just Christianity), freedom of the press, freedom of speech, habeas corpus, and the protection against unreasonable search and seizure. I demand ALL of my Constitutional rights. If you don’t believe in the rule of law, in the republic, in an open and free society, and in ALL of our Constitutional rights, then what kind of patriot are you?
Answer: you’re not one; you’re just a bully. Bullies run at the first sign of a real fight; they don’t care about values – they just like to be on the side they think will win.
I will also say that I do not think all cops are pigs; every profession has its share of bad apples. The job does attract bullies who like to push people around and hide behind a gun, and they make the rest look really bad, and it does seem to encourage groupthink. This is why we have a system of checks and balances, so no one group can just bulldoze another.
So I’m putting my money where my mouth is & sending Carlos a little help.
Thanks, Shannon!
Carlos:
Stumbled across your website and ALL of the links.
Shamelessly pilfered from someone else but has now become my new mantra to all those Police State Authoritarians/SHEEPLE:
“That you are so willing to give up your rights to conduct lawful activities in public is your perogative, but to surrender my rights on my behalf is not your privilege.”
Fight the good fight brother.
BTW, based on your picture above, I think you are extremely handsome and really sexy too!
hey carlos,
I absolutely love and adrmire what you are doing, and it’s people who are probably doing bad things that feel so strongly about there privacy….LOL
I kinda need your help and advice ona matter, as my b/f is a paparazzi and is constantly being harrassed and threatened by body guards and cops… He is a respectful and is alwys polite and keeps a good distance and is always on public property, but the guards always walk up to him and harrass him and try to break his equiptment. Any advice…??? Thanks and please keep up the good work, we need people like you to defend what little rights we have left in america, we are supposed to be the greatest country for this reason alone, freedom of speech and etc etc….let’s keep up the tradition, or we all might as well go live in saudi arabia…!!
In any case would love your feed back.
thanks..!
hey carlos,
I absolutely love and admire what you are doing, it’s people who are probably doing bad things that feel so strongly about there privacy….LOL
I kinda need your help and advice on a matter, as my b/f is a paparazzi and is constantly being harrassed and threatened by body guards and cops… He is respectful and is alwys polite and keeps a good distance away, and is always on public property, but the guards always walk up to him and harrass him and try to break his equiptment. Any advice…??? Thanks and please keep up the good work, we need people like you to defend what little rights we have left in america, we are supposed to be the greatest country for this reason alone, freedom of speech and etc etc….let’s keep up the tradition, or we all might as well go live in saudi arabia…!!
In any case would love your feed back.
thanks..!
hey carlos,
I absolutely love and admire what you are doing, it’s people who are probably doing bad things that feel so strongly about there privacy….LOL
I kinda need your help and advice on a matter, as my b/f is a paparazzi and is constantly being harrassed and threatened by body guards and cops… He is respectful and is always polite and keeps a good distance away, and is always on public property, but the guards always walk up to him and harrass him and try to break his equiptment. Any advice…??? Thanks and please keep up the good work, we need people like you to defend what little rights we have left in america, we are supposed to be the greatest country for this reason alone, freedom of speech and etc etc….let’s keep up the tradition, or we all might as well go live in saudi arabia…!!
In any case would love your feed back.
thanks..!
I found this site on search of people to have their First Amendment Rights violated. I am seeking to have someone to interpret how Freedom Speech would protect video/audio recordings of police misconduct. Yes, I was arrested for it, camera phone seized (Fourth Amendment violated), charges later dropped, my buddy is still jail, video was edited, audio didn’t match up with the video.
Freedom of Speech:
The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicate a message.
Carlos,
Sorry about what happened to you man. Your case is B.S. just like mine, but at least you have more fighting chance than mine. OH, yeah. I’m actually laughing at the Resisting Arrest without violence charge. I wonder who came up with that? LOL
Hi Carlos,
I’m not sure what the strict laws are in that state, but over here in the UK you would have over-stepped the mark.
I don’t make a living from taking pictures but I have covered public events and read many articles on the subject of photographers rights.
Over here in the UK we are not breaking the law by taking pictures in public places. We’re not even breaking the law by taking pictures of private places from public places. But it is understood that if you are on private property, or taking pictures of private property or an individual and you are asked to stop, you do just that. Failing to comply with a request in these instances can be interpreted as harrassment/trespass, and those are illegal.
As a photographer you have to respect the rights of others and if you’re on private property you’re immediately in the wrong.
Remember, no one is stopping you from doing what you like and you can do just as you please, but don’t start sobbing when you discover the price for what you did was too high. Oh, and butting heads with the police is never a good idea, they rarely play fair and you will always lose.
With that said, thanks for sharing your story and I wish you all the best,
Andy.
I can’t believe what I’m reading here. Especially “J”. I want to make a point to you J, does that mean I do it by bashing your head? To make a point by peaceably taking a photograph, that is well within his rights, even if the Police found it annoying, is not punishable by arrest or violence. And from what I’m reading here, the point needs to be made; we, as US citizens, have rights.
In more than a few discussions, with REASONABLE people, the subject has come up that Bush may go so far as to institute marshall law in order to hang onto his office. Where will you be then “j”?
Furthermore J, some police officers take the view that unless you’re a cop, you’re a perp. My guess is, that it is only a matter of time before you get your rights trampled (Not counting the wiretap they have on YOUR phone). I hope you have the nads to speak up when that happens.
Go Carlos.
our country is adversarial in nature and if we do not stand up and fight for our rights then we will lose them through the steady erosion of unchecked power. the sad thing is that once these rights are lost through inaction, it becomes very hard to reclaim these rights because of precedence. when you surrender your rights, you are not just abrogating your responsibilities as an american citizen, you are helping to destroy the rights of future generations and are insuring the existence of the authoritarian state.
the police are suppose to be public servants acting on our behalf. as a citizen not only do i want to know who is doing what on my behalf but it is my right to know, hence the need for a free and independent press. those who abuse the power they are given will never inform the citizenry of their abuse, unless of course the state becomes so powerful it is no longer threatened by exposure and is therefor free to use the information to create fear in the hearts of those who might dare to confront the tyranny.
carlos, your actions are that of a true patriot and you are performing a public service with every picture you take that documents the world around us. i hope you will be finally completely vindicated now with your coming appeal. anything less should serve as a warning to all americans that we have let things slide for too long and that the orwellian nightmare encroaches.
p.s. love the statement in the arrest report, “def. got violent by refusing to walk freely”. apparently the city of miami police department has created a definition of the word “violent” that i, and webster’s dictionary for that matter, are unaware of. next time i need to look up a word maybe i should call 911. after all ignorance of the law is no excuse and i wouldn’t want to be arrested for a linguistic infraction.
Hey Alonso, Good to see you drop by my blog. Long time no see. And thanks for the support.
the whole thing seems foolish to me, theres no need for you or anyone else to risk anything for a picture. What are you going to proove that the police are currupt that the country has been taken over by thugs? We have done that time and time again. Your risking being beaten your risking your freedom everything, to proove something we already know. I do everything I can to avoid any situation where law enforcement can attempt to beat me, even if it will proove the world is round…
Hi Carlos, I read a comment you posted on the new times website about the black crowes show in Miami at the filmore this past Nov. I am the girl who Chris Robinson pushed down with his mic stand. It was so nice to see people’s comments that are on my side and think he’s a royal dick. You’re right Fuck him. I have been in love with him since the start and have seen countless shows over the years all over Florida. I have never tried to get on stage before. I just thought I could run up there, hug him and leave. I was shocked and appauled at his reaction. He looked so angry and mean. maybe he was just paranoid from the weed and thought i was gonna stab him or something. I still love the crowes, but just very confused. I enjoyed learning about you in the process from your web site. very interesting stuff. thanks for listening.- Nicole
Hi Nicole,
Thanks for writing. The Crowes have been one of my favorite bands since they first came out with Shake Your Money Maker but after that concert, I swore I would not spend another dime towards the Crowes again, whether it concerts or CDs.
And I honestly don’t even like the direction their music has been going in during the last few albums.
I’ve seen the Crowes in the Miami Arena back in the day, in Dublin during the mid-1990s and in Tuscon in 1999.
And in Tucson he really showed his anger by getting into it with the fans after one of them climbed onstage and he jabbed them with the microphone.
This may have even happened twice, if I remember correctly. Some of the fans got pissed and started throwing water bottles at him, which pissed him off and made him stop the show early.
I was surprised at his behavior because this anger doesn’t really come across in the music.
Hell, I’ve seen Rage Against the Machine in concert a couple of times during the 1990s and Zach de la Rocha would never do that. And that is one of the angriest bands I’ve ever seen.
Check out this video of RATM where De La Rocha actually intervenes between a security guard and a fan who jumped onstage, standing in between them so the security guard can’t get to the fan. It starts at 4:15 in the video.
http://www.youtube.com/watch?v=fkuOAY-S6OY&feature=channel_page
Were you injured in that incident? Did they kick you out?
For anybody who is wondering what we’re talking about, check out this link.
http://blogs.miaminewtimes.com/crossfade/2008/11/last_night_the_black_crowes_at.php
I think this is a great site. I think there are many cops who abuse their power, and the court system continues to allow police to get away with it. For all the people above who have left negative comments, I guess you wont understand until a cop takes it upon his self to abuse your rights and arrest you for no reason, or better yet kill you like sean bell, and get away with it.
Please keep up the great work
Thanks, Mark V.
Carlos, in my short years I’ve learned that there will always be evil people in this world–but the only way for evil to triumph is for good men to do nothing.
You and everyone else probably know that quote well. Holds so much truth.
Good luck on the fight man.
Thanks, Amelia.
And Happy New Year.
I am very proud of you,not just for standing up to the powers that be in FLA but for the first Ammendment.As a railroad photog I too am subject to harassment.They do not understand the precepts of the 1st and the rights of photographers.Visit me at my e-mail and I’ll send you a copy of Photogs right for RailFans_lee
Thanks, Lee, I’ll do that.
Carlos, I commend your effort in fighting this arcane BS targeted towards people who simply want to capture a moment in time. I worked at several airports throughout the country and always had my camera handy, and even I had to prove that I wasn’t some sort of ‘evildoer’ when taking photos of aircraft, even though I possessed an valid airport ID (even off airport property). Aviation and photography don’t mix, and for several very obvious, but completely stupid reasons. The war against photography is ludicrous at best. Anyway, best wishes to you dude.
Carlos,
While I have some sympathy for you, you obviously disobeyed a “legal command”. Please review the following Florida Statute regarding Pedestrians.
The 2008 Florida Statutes
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
316.130 Pedestrians; traffic regulations.–
(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
These are the reasons you were found guilty of resisting without violence.
Scott
SBY,
I was acquitted of “refusing a lawful order”, so that contradicts what you just said about a “legal command”.
And I have a strong appeal pending which should get my conviction reversed.
Carlos,
I also was found guilty of F.S. 843.02, after the jury found that the original crime for which I was arrested for, (and only charged with by the officer), did not occur. So, I am appealing also. There is strong case law that says that the underlying crime must be proved in order to be found guilty of F.S. 843.02.
However, with what you have said about being acquitted of “refusing a lawful order”, there are two other elements of this blanket statute. The three are: 1) resist, 2) obstruct, and 3) oppose. Your description of what happened sounds like they were “in the lawful execution of a legal duty” and you obstructed them by interfering with their investigation.
As I said, this is a big umbrella statute that they almost always charge people with along with the original crime. That way the defendant takes a plea for the 843.02 charge and the original crime is dismissed.
I would be happy to send you the case law I mentioned.
Scott
Scott,
I would love to read your appeal. Feel free to email it to me at carlosmiller @ magiccitymedia dot com.
I was never charged with interfering or obstructing their investigation. They claimed I was standing in the middle of the street, which the jury did not buy.
Here is a segment I just lifted from my appeal addressing the point you mentioned:
This point is further emphasized in Florida Jur 2d, Criminal Law, §4124, which cites Sims v. State, 743 So. 2d 97 (Fla. Dist. Ct. App. 1sst
Dist. 1999) and Huntley v. State, 575 So. 2d 285 (Fla. Dist. Ct. App. 5th Dist. 1991):
“A person is not justified in using force to resist arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer, but nonviolent resistance to an unlawful arrest is no crime. In fact, a lawful arrest is an essential element of the offense of resisting arrest without violence.”
Carlos,
I cannot believe the number of people who think you are in the wrong. Good god, the ignorance of people in this world never ceases to astound me. Good for you for fighting this. Good for you for starting this blog. I am with you 100%
Thanks, Dennis!
Hum » Post Topic » New Complete Footage of BART Shooting // Jan 9, 2009 at 4:56 PM
[...] yeah, and support Carlos Miller. Looks like typical police tactics. False arrest, but if you resist false arrest, you get charged [...]
Hey Carlos,
Sounds like you were fully within your “rights” and violating no written “laws”. That being said, you were violating some sort of law on interactions between mammals, based on what ended up actually happening.
Yes, they fucked up, broke the law, lied, violated their oath, and wronged you according to both the spirit and letter of our laws. Yes, they “should” be able to rise above their status within the system (of the artificial standards of human behavior we call laws ) to monitor the compliance of everyone, including themselves. This process is logically designed to fail. Humans act in their own “perceived” interests at the expense of others, so laws were created to codify acceptable behavior, BUT, the monitors and enforcers are Humans who tend to act in their own self interest.
I’m not trying to justify their behavior, just to look at the overall system we operate in. I think fighting (or correcting) them, while justified and perhaps required, at the moral and legal system level, usually will cause them to designate you an enemy at the human/mammal level. Then, if you refuse to “submit”, each side draws upon their own resources, personal power (credibility), and support from personal and professional relationships.
The police start this process with extra points for being police, the support of other police, the support of the “Justice System”(which you are attacking through it’s member), and a general bias from the public for the system in which they live and operate. Wether right or wrong, you face a huge disadvantage at the onset.
As a both, perverse (at the moral/legal level) and logical (at the Human/mammal level) check and balance mechanism, martyrs are required to sacrifice themselves fighting “the system” and “injustice” to limit it’s growth and power. So, in that sense, I would like to offer a hearty, “Thanks Dude”. We need “whistleblowers” and people willing to “correct” the police, to limit corruption and wrongdoing but typically, both of them get royally screwed.
tldr: Don’t fuck with the police unless you want to get fucked up – even if you THINK you’re right and they’re wrong.
I don’t understand all the post saying that you were obstructing the five lice officers from their investigation (if you are correct in your assumption that this was all about a traffic violation,why five lice officers?, slight over kill to hand out a ticket) if all five of them ganged up on you to throw their weight around. After reading numerous articles recently on your American lice forces and their love of the taser I’m very surprised and thankful that you were not hit by one of these so called non-lethal weapon.
Your best friend at the moment is the recording devices, ours and thiers, CCTV, a crim in need is still going to rob and mug regardless of who sees but at least the lice here in England know that they can no longer at times go the full hog on you as they used too because of the eye in the sky. Keep taking photos Carlos and don’t back down a single iota, you will win.
Remember, ignorance of the law is *NO* excuse. Its why we have thousands and thousands of laws, many of which simply make something illegal that was already illegal just using different wording (or based on various criteria. you kill joe with a gun then your guilty of X-law, but if you had only killed him with a baseball bat then it would have been Y-Law).
Reading this site reminds me why I stay the heck out of giant currupt cities like Miami, LA, SF, NYC, and Chicago (among others).
Carlos,
Even IF you were on private property, it’s up to the property owner to enforce or ask the police to enforce, his right to have you leave. But you must still be given the opportunity to leave. Even IF you were in the street at any point, it was pretty clear the street was already blocked by the police presence, and if you WERE blocking traffic, the photos showed that you had OBEYED the officer’s direction to move out of the right-of-way – so what was their issue???
The law is meant to serve the public as a whole, resistance laws are meant to prevent people form interfering with a police officer performing their duty, not to be whipped out anytime someone defy’s a police officer – which I am finding all to often to be the case.
I popped you 5 bucks for your defense fund – oh, and by the way – I’m a cop.
Jim H,
Yes, it was really interesting to see how the police acknowledged that they had moved me off the street (they actually escorted me across the street), yet somehow I had gotten back on the street.
The only way that could have happened was if I had charged through the line of five approaching officers that you see in my photo, but that is not only stupid, that would surely have been mentioned, and it wasn’t.
Thanks for your support and donation!
Carlos Miller, I think what happened to you was unjust, and in violation of your 1st amendment rights. It’s really your duty/right to report the news unbiased, especially the actions of rogue cops. Thank God for the camera phone. I hope more and more people adopt and use them.
It makes me sick to see all these jarheads on here (well, actually comments not supporting you, Carlos, seem to be in the minority, but they are there), who advocate blind alliegiance to the police. It is jerks like these (the idiot commentors, not the police) that are the unAmerican ones who don’t understand our political system. They must have been asleep in history class at school. Just because a person is wearing a uniform, doesn’t give them carte blanche to do whatever they want. Cops are human beings, not superheroes, and they have to earn my respect, just like any other random stranger on the street that I’ve never met before. If police treat me with at least a small amount of respect, then I will treat them with respect. If they treat me like human garbage, especially when I haven’t broken any laws, then I’m not going to react to that too well.
It’s too bad that most of them feel that every person they come in contact with must, by definition, be an asshole, since they deal with criminals most of the day and over the years of working on the police force have developed a warped view of humanity.
Who watches the Watchmen?
Thanks for the support, Scott.
Carlos, thank you for taking the fight for the rest of us. I wish you the best.
Carlos, I have much respect for you. Your efforts will hopefully publicize a situation where there is change needed.
I always bring things back to attitude. In the past, I had cops speak to me in a really rude way, hold me up against a wall by my neck, force their way into my home past me without permission, and make fun of the appearance of my home and roommates. I have always mistrusted the police as an establishment. I am wondering if you can reach the person behind that badge though, the soul behind the uniform. I am a firm believer in Love as the most powerful force in the universe. I think that how you respond to a cop will determine their attitude from that point on, and showing them a little respect (after all, when they are being good, they do sometimes deter crime and enforce reasonable laws) can help them escape the influence of the institution and outfit they are stuck with. Anger, disrespect, and unkind attitudes toward people never get you anywhere. On a human level, not a legal level, you are obligated to treat others as you would have them treat you, *even when they are not treating you kindly*. This usually reflects a problem of theirs, not yours. Now, when someone with personal issues (cop or not), starts with you over something unreasonable, you have the choice to join their game and give them a chance to lash out, or to resist non-violently (and this means without disrespectful, hateful, or contrary action or language).
I feel sorry for the cops who have stunted emotional lives and are caught up in a system where racism, corruption, and casual abuse of legal enforcement power are rampant.
Respect to the police officer who spoke in your support, he is showing true human compassion and empathy, which are the first steps to human understanding.
Carlos, I am not trying to tell you how you could have dealt with the situation. I am offering conclusions I have made which are the result of personal experience. I have found that I can change my life better if I am loving people and fighting bad ideas. There are no bad people, even if it seems so. There are just many, many very confused, frightened, powerless, and lost people.
People like you are a beacon of hope that the freedoms of our Constitution will prevail over human fallibility. I just wanted to share my opinion that Love has more power than fear, violence, or even death. If you are martyred (legally or physically), your message will bear more light and power to the movement if it is delivered with Love and respect for all humanity, including police.
Either way, you totally should fight it until you win. The whole situation is a result of powerless men who took your simple passive resistance as an excuse to take out their aggression on another ‘liberal’.
I have realized that the power of the new liberal movement will lie in appealing to moderates and being non-confrontational and loving to those who don’t understand us. We need to put the raging-hippie, angry yelling and sign holding days in the past. By acting unreasonable with people who truly are unreasonable, we just serve to alienate them further. I wish we could just let them all move to Texas and just go away, but we are all Americans, and it is the respect for many ways of thinking (even if some are fatally flawed) which gives us our rights to freedom in the first place.
John,
I agree with you.
Who was it that said “never judge a man until you walked a mile in his shoes”?
That’s a paraphrased quote of what sounds to be a religious proverb, but the only attribution the venerably wise Internet offers is Elvis, as something he said during a live concert. Either way, it could have been something Marcus Aurelius said. Carlos, you are in the unique position to be able to provide all of us perspective on what it is like to have faced authority, challenged it, and keep the fight up, knowing your stance is based upon the rock of truth. Compassion is your next ally, because you have to forgive people who don’t understand the context of their actions. A mistake is a mistake, and reading that police report was like reading a justification for their own poor judgement in making an issue out of dealing with you instead of doing their jobs….
BTW, if you need financial help keeping up your legal battle, I can offer whatever a poor student can, and then some fundraising for what I believe to be a just cause…. let me know how to help…
if the courts claim to protect government FROM the People, whom it is formed to represent, then there is an apparent conflict of interest and the constitution isn’t worth the paper its written on.
Fight this to the end. Good for you. People who fight in the courts for civil rights in America are way more important than soldiers bombing innocent people in foreign lands “protecting our freedom,” LOL. You’re a true freedom fighter, brother.
i’ve seen this many times before … good luck
It seems to me that there’s only one reason why a group of five police officers should fear being photographed when standing around in a klatch talking to one another, not looking at other people, at a building or an accident or stolen property or anything else, just talking one with another. That reason is that the photograph would serve as proof (or give evidence) of their collusion or conspiracy, by showing them all together, especially at a time when they should not have been.
If these were just five cops who were all on duty and all legitimately called to an accident scene, and had contained the accident and were then having follow-up discussion amongst themselves, on a public street/sidewalk, then there was no reason for them to react to being documented by a photojournalist whatsoever.
It seems unlikely that this bunch of beat cops are involved in something sinister together. It seems far more likely to me that they reacted based on the endemic and pervasive ideal that’s spread through our police bodies in this nation that they operate on a level above and beyond civilians. They have absolute authority to order everyone else to do whatever it is they want, and not to have to face scrutiny or accountability when they do.
People should be terrified that a group of police not actively doing anything but having a conversation got testy because someone was taking their picture.
And for everyone saying “there was no need to press the point” oh yes, there was. Rights are only honored in the breach. It’s only when someone makes a fuss, presses the point, goes to court, says their peace that people notice. That people start to understand that no, cops can’t make you leave a public sidewalk when you’re not doing anything but standing. No, a cop can’t make you leave private property without the demand of the owner/a lawful agent of the owner. No, there is no expectation of privacy in a public place. No, cops (and other public officials) in public places are not entitled to a higher expectation of privacy than civilians. (And neither are hit and run victims, sorry to the commenter who said it’s “rude” to take photos of someone who’s been in an accident. “Rude” is in the eye of the beholder, but there’s no doubt that it’s legal.) No, cops cannot legally confiscate your camera or memory card or demand that you destroy photos/video. These are not lawful orders.
Thanks for standing up and demanding what’s right. Thanks for chronicling your fight. Best wishes in your appeal.
Hey this is a great blog, I’m glad I stumbled on it.
Your fight is a true American story about how it is a daily struggle to maintain a free country. It would be easy to roll over but it is these little things that erode away our freedom until one day it is gone. I am amazed at the comments I have read – there are people who are truly ANGRY that you didn’t give up your basic rights as a citizen of the U.S. and want to make you wrong for it.
It takes a great sense of responsibility to uphold the principles of freedom that our Founding Fathers fought to create – my thanks and appreciation to you.
So many Americans would give up their freedom for a false sense of security that gets beamed to them on t.v. – it is no wonder they are angry because deep down they are very confused.
Cliff, Jamal, Troy, T.R. and up218,
Welcome to the blog and thanks for your support. Hope you stick around.
I think they were goofing off, and they were upset you broke up their “on the clock” party. I hope one of the higher ups asked what the f*#& they were all doing there when they were supposed to be working. They should have thought about that before they messed with you. They probably weren’t smart enough to foresee that they were going to leave a paper trail by arresting you.
Or, after they roughed you up, they had to charge you with something to cover their butts.
Good (just a) guess, the addendum sounds quite plausible; it’s much easier to explain damages occurring as a result of “resisting arrest” than “he annoyed us”.
Thank you so much for furthering the cause of photographer’s rights. As a photographer who takes pictures in questionable circumstances, I’ve had my fair share of problems with this.
What you are doing is helping ALL of the American public, by defending our 1st amendment rights. no matter what anyone says, remember that you are helping all of us maintain our freedom in this country.
Always interesting to read. I am lucky enough not to have run into any problems with security and photography yet.
Definitely worth my time to read through your blog Carlos.
Thanks, Andrew. Without people like you who read my blog, the blog would be purposeless.
Policemen in the USA think they are Gods. They remind me of Batista’s policemen in Cuba. You could not breathe when you walked by one of them.
I hope you win your fight.
well i had started getting into Photography in Omaha Ne. i was about 17 years old taking pics in whats known as the old market and got a tickit for STANDING on the curb. the tiket was blocking a public through way( didnt know there was such a thing) But anyway i didnt get the picture i wanted and was told to LEAVE THE AREA of the old market ( this place being a PUBLIC PLACE) and that i would be arrested if i came back ………………… Unsure what to do i still want to go take that Picture cause it would be very cool pic to have
By the way itwas a COP who threatened me and yes i see your point carlos if we do obey UNLAWFUL orders they just get BIGGER HEADS and think their dicks will fit anywhere
very sorry we have to go thru this but JUST keep fighting we will win this if asses like bush stay out of our way
Hi Carlos;
I was arrested on false charges after I went to the police 3 times to file a complaint about being sexually harassed and bullied by my coworkers. I was the only female cab driver in town, and was relentlessly stalked, humiliated and degraded in an effort to establish “male turf.” What I didn’t know was that the police were being sued for sexual harassment by their own female officers. The police retaliated against the female officers by making false accusations against the female officers; turning them into Internal Affairs for false reasons, and even threatening to call the State Police on them.
So, the cops and cabbies conspired to have me arrested on 2 counts of assault and battery, claiming that I beat up 2 male drivers, one who is a karate expert. The reality is that one of them chased me down and tried to punch me. And the week before, the other one beat up his customer, and the police refused to help the victim. The cops didn’t bother listening to my side of the story, just invented this absurd story of how I punched them in the face, etc.
There is a police surveillance camera on the cab stand, but the police refused to hand over the video, in order to cover up the fact that they filed false police reports and arrested me on false charges. One police officer even filed his report under a false name. And since I had no prior record, they fabricated a false “previous complaint.”
I was not convicted, since there was no proof, but I lost my job, nearly lost my home, and now I have difficulty getting a job because I have an arrest record.
I have tried to bring criminal and civil charges against the cabbies, but since the police have their “connections,” the judges keep dismissing my cases. And the cabbies don’t even have to show up for court.
Keep up the fight!
With all the legal work you have been through and the passion you have for civil rights, perhaps you should pursue a law degree. You can possibly change the world around you!
Damn Cheryl, that is quite a story. Hang in there.
JoeyEsq, I have actually been considering law school. But first things first.
Thanks for the comments!
They’re public people, so they can be photographed, unless they have something to hide. I can understand a criminal not wanting to be photographed, but why would a cop not like that these day’s?
Keep on Trucking!
Some story’s sound to familiar! When they know they screwed up, they have to get you on some other trumped up charge, like allegedly “disturbing the peace.” I hear this all to often, and when you try to fight it, some one else has to screw it up, like a judge or an attorney who was not listening, and only wanted your money or favored the police. It’s a boy’s club, even when you file a complaint with the internal affairs; they’re all in the same club, and they don’t want to hear the truth if that truth will jeopardize one of their own.
I believe that their are some good cops out their, but then they themselves don’t speak out against the crime and manipulation within, then their all the same to me. However, some cops wont mind bringing down the others with him, very sad.
I’ve seen police reports that don’t even tell the whole story, so when that is used in court, who do you think will be the bad guy?
Great sight!
I suppose things will only change if we all stand together to fight the corruptions, and bring them into the open like this.
Tedd,
Disorderly Conduct seems to be a big one as well. They’ll throw that in evrery chance they get.
Thanks for reading.
Just found your website through a link. I am I guess a conservative (though I can’t really see all that much of my lifetime’s era that I want to see ‘conserved’).
I served in the military over twenty years, I have had a lot of dealings with police of different forces, their job can ‘get tough’.
I guess what I am trying to say is that I am no raging liberal (though I consider myself a liberal in the classic sense).
One comment from about a year back by an ‘ex-cop’ jumped out at me, “I know all too well how many of them relish their “difficult” job.”
Power can corrupt, in fact it will corrupt everyone to some degree, most find they don’t like what it turns them into and learn how control it, some love it too much and wallow in it or find ‘excuses’ to exercise it.
Keep up your work, our rights seem to be disappearing and many have no idea why.
We give the authorities the responsibility to look after us, they take the power to enforce the way they can or will accomplish it.
Regards:. js
Thanks Jesse,
As a raging liberal, the one thing I’ve learned since launching this blog is that we’re all in this together no matter where you stand politically.
“You know its people like you that set a bad example. Photogrpahy may be a hobby, or your career, but…..you should ask for permission before you take pictures. I would have done worse, aside from beating you….your ass would have been locked up with a 6 foot tall apeman who hasnt had ass in a long time. No wonder people dislike your kind so much.”
The truth never asks for permission, it merely *is*
If you don’t like free speech thats your problem, not the journalists.
Hey Carlos,
Stumbled upon your site while surfing. Been reading on it for the last hour and can’t even remember how I got here. Matters not.
It’s painful to read about your experience and even more so to read the comments from the idiots “you brought this on yourself, you should have asked permission”. Morons.
Keep up the fight. I look forward to reading the post detailing your vindication.
Photographing an incident such as a beating or unlawful activity by a police officer for report, and photographing a police officer standing around are two completely different things. If someone is doing something illegal and you are there to provide witness through electronic capture, that is something that is justified and I’m sure no one will be charged if what they were doing was there to help protect someones rights.
On the other side of things, walking around on the street and photographing someone doing something perfectly legal is different. I do a lot of photography myself in public places and I’ve taken my share of photos without people noticing me and I have taken my share of clearly in the open photographs and I find it completely reasonable that someone would not want their picture to be taken by someone they don’t know. We owe it as decent people to respect the wishes of the people we use as subjects. And this should be especially true for police officers.
Although there are immoral cops out there, there are a lot who are good people and who are responsible. But just like you or me they have personal space and they would like that to be respected. I know a lot of officers in the town where I live. Some are family members and some are just friends I’ve made in passing and one thing that is extremely important to all of them is their families safety and also their own safety.
Police officers are unlisted in phone books, have untraceable license plates, and several other security implementations provided to them to ensure safety from criminals from the past and people who are against the police. As we all know these people exist. And when someone approaches them and takes their photo I’m sure you may understand why that may make them feel uncomfortable.
I have been asked by Police to remove a photograph before, and also a transit employee. And I respected their wishes, much like I would have done so for someone just walking down the street. If these characters were doing something wrong I would have definitely refused to. But they weren’t, and at that point I understood their feelings.
And they may have gotten out of hand but you had the chance to be respectful and decent. But you did not. You crossed a line and you pushed them too far. I’m not trying to justify these police officers, if they did do what you allege they did. But you did have a hand in causing this situation. It was clear that you photographing them was making them uncomfortable.
There is always the possibility this could happen with an average person. Cops are people just like you or me. We are all human.
Although you may have the right to take a picture doesn’t mean someone shouldn’t have the right to ask you not to take the picture.
The female officer who asked Karina Vargas for her film of the B.A.R.T. shooting committed a crime in doing so, and should be brought to justice. The fact is that if police are doing what they are supposed to , then they should not care if they are being filmed, in fact they should welcome it. The very fact that it bothered them proves that they are guilty of something.
Thank you for all of your information!
I am a photographer and felt INCREDIBLY intimidated while having false accusations on my family meant to drive us out of the neighborhood.
So many times video and photographing the incident crossed my mind, but law enforcement can play on the emotions of a parent threatening dire consequences for not rolling over and allowing themself to be gutted while their children are stolen from underneath them.
Kudos to you, I will continue to follow your progress.
So many commenters just don’t get it. It is PERFECTLY LEGAL to photograph people in public places. If it were not, the Papparazzi as well as most major newspapers and media news shows would be out of business. No permission required.
Those cops need to be cained and fired!
http://en.wikipedia.org/wiki/Caning_in_Singapore
http://carlosmiller.com/about/
Are judges corrupt?
http://www.nytimes.com/2009/03/27/us/27judges.html?ref=us
Judges Plead Guilty in Scheme to Jail Youths for Profit
By IAN URBINA and SEAN D. HAMILL
Published: February 13, 2009
Two Pennsylvania judges were accused of taking bribes to send teenagers to private detention centers.
Who is COUNTY COURT JUDGE Jose L. Fernandez, CRIMINAL DIVISION?
Why is his background missing from website?
http://www.jud11.flcourts.org/about_the_court/judicial_photos/default.asp?court=CTY&div=CRM_D
How did the Judge Fernandez and Florida police convict INNOCENT DUI DRIVERS?
http://gaduiblog.com/2008/10/28/machine-failing-just-unplug-it/
Seeking a judge’s order to inspect the hard drives every Intoxilyzer 8000 used in Miami-Dade County. Before Judge Jose L. Fernandez, attorney Michael Catalano said,
We’re interested to find why she was unplugging breath machines so that she could cover up mistakes and not tell anybody.
This comes after the Florida Department of Law Enforcement fired the examiner (Sandra Veiga) who was responsible for testing all the DUI machines, alleging she failed to follow protocol with the inspections.
The other ‘trick’ at the mobile DUI stops is that the breathalyzer in
the trailer gives a FALSE HIGH reading. Electricity is provided by
gasoline generator, which uses gasoline/ethanol mix. Ethanol is ALCOHOL fumes!
As much as 14 to 22 percent of ALL OF FLORIDA TESTED is driving DRUNK.
With GM bankrupt and the economy failing, increase the PRISON INDUSTRY.
http://www.prisonplanet.com/
God Bless You and America. Land of the Free and Home of the Brave!
from anonymous at anonymouse.org
Technologists and computer people EVERYWHERE support you.
M: you are a idiot and if you are on the job, one has to assume the hiring standards are very low.
The 2′nd amendment looks after all the rest.
Never give up your firearms.
If any Joe Schmoe would be able to see an event just by walking by, then you should be able to photograph said event and show your photographs to the world without fear of legal retribution.
ha ha what a dickhead, I’m glad they beat your ass, all retards with a camera need to get tazed.
I must say that you are highly articulate, and a good writer. As a law enforcement professional, I’ll be one the first to concede that law enforcement officers are humans who make mistakes, and some overstep their bounds. Whether that was the case in your situation, it’s impossible to tell because your website as well as your presentation of the event is highly biased and one sided.
The first thing I noticed was that “your side of the story” was posted and clear for everyone to see. On the other hand, I spent several minutes searching your site for the actual incident report, and was not able find any. You loose credibility in this aspect because if you’re so confident in your argument, why not make the other version of events as easily accessable?
And also in the comments section of your blog (which is meant soley for “comments” and not a venue for you to argue with readers by the way) you only reply to and make arguments against certain comments. These negative comments that you post replies to are clearly from uneducated and crass people who are not posting anything resembling an intelligent thought, and therefore are easy to argue against. However, I don’t see you posting replies to the more intelligent and logical arguments that are made against your cause. I understand you hardly have the time to post replies to EVERY comment that is made, but perception is reality, and it appears that you’re only replying to the arguments you can easily win.
Finally, you also loose credibility by posting your other photos on this site, and also for asking for monetary assistance in your legal battle. Posting your own photos (which are great by the way) is understandable. Everyone wants to showcase their work, but the two concepts of the website, as well as “asking for donations”, are inappropriately mixed.
If your situation is indeed true and happened the way you say that it did, then I support you. But again, how can I, or any reader for that matter know for certain? And considering the trend that I’ve noticed in your comments section, will you even reply to this?
Anon2,
First, thanks for posting.
I do have to disagree with you when you say the police side of the story is hard to find. It is directly underneath “my side of the story” on the home page.
Under the headline “Their side of the story”.
And it leads directly to the arrest report. I posted my side first because when I started this site, everybody had already known the police side of the story because the arrest report had been online for two months already.
http://thomashawk.com/2007/02/the-other-side-of-the-carlos-miller-arrest-story.html
I didn’t launch my blog until April 28, 2007 – two months after the above article was posted.
I started this site to get my side out there.
This was two years ago and they kept delaying the trial. And as they did, my site morphed from a simple forum where I was proclaiming my innocence to what it is now.
As far as the comments section goes, I like to think that I respond to the ones who are presenting a valid argument and not the ones who are just cursing and insulting.
You believe the opposite to be true, so I would encourage you to provide examples. All you need to do is click on the number in the comment and post the link here.
Sometimes I don’t respond to comments because I find myself making the same old tired argument day in and day out.
Usually, I post my opinions in the articles I write, and people are free to comment whether they agree or disagree.
If I find I am just going to be repeating what I already said in the article, then I don’t comment because I’m also trying to make a living here.
And as far as me posting my photos and asking for donations, I really don’t see it as a conflict of interest because I was arrested for taking photos while on assignment.
And because of the arrest, I have lost clients and have had difficulty finding work.
I post my photos because they show that I’m not just some jackass out there with a camera but someone who takes his profession very seriously.
As far as the donations go, I was hesitant to put it up there because I really don’t like asking people for money.
But this case has put me severely in debt where I maxed out several credit cards. And nobody is forced to donate and most don’t.
And how is that different than someone donating to the PBA and putting a little badge on their license plate to let police know they have donated?
And as an law enforcement officer, I’m surprised that you are surprised that this comes across one sided because every police report you and every other officer writes is also one sided.
And many times, as you can see from the videos I’ve posted, the police reports turn out to be lies (not necessarily you personally).
And the one thing I can assure you is that I am not lying about anything that took place on the night I got arrested.
Had I been standing in the middle of the street like they said I was, I would have just accepted the charges and moved on.
But the reason I have made such a huge issue about it is that the real liars were the Miami police officers. And if you’ve read the police report, you might notice some contradictions.
And that’s the reason I’ve made no attempt to hide the report on my site, as you claim. I want everybody to read it.
notha // Apr 3, 2009 at 1:47 PM
“ha ha what a dickhead, I’m glad they beat your ass, all retards with a camera need to get tazed.”
Notha
What’s wrong with you? Anyone in PUBLIC may be photographed. If you don’t like it you can wear a mask? The police are clearly wrong.
JMO
Let’s look at the “rights” of law enforcers. First of all, what “law” is enforced? Is it in defense of the rights of the people, in taking action for mala in se crimes (murder, rape, assault, robbery – true crimes) or mala prohibita (regulations meant to control artificial entities? If the latter, no cop has any authority over the people.
If the former, then either it is going on or he began pursuit as he saw it committed, he has no athority without an indictment issued by a Grand Jury that was signed by a prosecutor or, in definition, the man or woman damaged intentionally by another.
As for privacy, or a cop’s right of privacy, on the job he has none. He is public property as the public pays his salary. Every act should be recorded, as it is quite clear that cops believe themselves above the law, meaning the law that limits him/her and all government officials to never – that is NEVER – interfering with the rights of the people.
Any that do otherwise commit domestic terrorism in accordance with Title 18, Section 2331 and treason in accordance with Title 18, section 2381, or at the least, Title 18, section 2382 and Title 18, section 4.
Please, LEOs, there is no constitutional authority for 99.999 percent of the actions you take against the American people. It is that simple and those that side with you are just as dumbed down and brain dead as you are. Your authority ends with the lack of a probable cause indictment issued by a Grand Jury in response to an intentional harming of one reported by the one harmed. The only exceptions are in the case of murder when the damaged human being cannot speak for themselves and in the case of mentally challenged that are wards of the state.
Your duty is to assure artificial entities do not interfere with our free expression of our rights, whether those rights are enumerated or not.
Your duty is NOT to make the government that hired you revenue or to enforce their mala prohibita rules on us. It is that simple and I think most enforcers should understand this – or could if it weren’t for the fact so many lust for power, a sure sign of psychopathic tendencies.
It’s tragic, that people in the USA do not know the law or the authority of the police in their own country today. Much less understand the scope of criminal acts by officers impact the local economy, both by corruption and the public abuse hurled against whistleblowers. Title 18 USC Sec 1519 and 1513(e) are your interest. Read them. They define the criminal nature of your case in Federal Law and the Federal criminal nature of the report shown to be false under Title 18 USC Sec 1001. Good luck finding someone to enforce that, although I am running for office in 2012 and would look forward to your comments on that. The formation of a 4th Branch of government to oversee the Federal and State governments and their agencies EXCLUSIVELY – as a form of law enforcement responsible TO the people directly rather than to the public regional governments and special financial interests. I lost a son to fraud by The State of Texas and Genocide. And that loss – only the beginning of the America we are about to confront 2009-2012. Yours is the fight, a good fight, though clearly misunderstood by the public at large. Its conclusion, as critical to this nation as was the fight for Independence or the defense of the West in both world wars. We cannot hope to educate the public (see negative comments). We can only hope that we find trusted officers who can speak competently of these abuses before they become the norm, if it is not already too late for this generation and this nation.
See my comments above. People are learning what is law and what is not, and that government has no authority over we people so long as we do not intentionally interfere with the rights of others.
Of importance is there are statutes cops violate with every citation and arrest of people who are accused of “victimless” crimes, as there is no such thing as far as we people are concerned.
I.e., without a victim, no crime.
Carlos,
There are s few things to remember regarding resisting arrest:
An otherwise lawful arrest may be resisted if excessive force is used.
An unlawful arrest (police acting under the color of their authority or the law) may be resisted regardless.
I wish I could cite some specific cases regarding this, but I don’t have that sort of info handy anymore.
Mention it to your lawyer, however it will be surprising to find an attorney with enough balls to actually argue you can resist the police.
Also keep in mind, your lawyer may see the judge everyday, but he’ll be finished with you as a client at some point. Keep an eye on him and *do not* be surprised if they try to screw you over.
Of the 6 lawyers I’ve worked with, 1 fucked me over, 1 tried to, 1 just fucked up, and 1 vanished later to be seen on the news being arrested for coke.
I am behind you 100% on this. The powers that be have been back-dooring and corrupting the Constitution probably since the passing of the founding fathers.
I used to be harassed by the police often when I had to go into work at 2AM – rather funny the excuses they made to pull me over just to have someone to dick with (one that stands out in my mind was that I was driving too close to the right hand side of the road – not off the road, mind you, just too close(?)). But now I just try to stay out of their (cop’s) way. I’m too old to want to deal with their garbage.
BTW – the name is because of a correction I want to give Anon2 – it is “lose” not “loose” in the context you are using (you also loose credibility). Also ironic, as far as dealing with credibility is concerned……
Carlos,
You are a TRUE patriot. A true patriot stands up for the PRINCIPALS of Americanism not the faux Americanism embodied in the government.
It’s rare breed of American that understands what it means to resist state oppression, you Carlos are not only a true American Patriot, but an inspiration and a better man than most.
Nick
As I can see from your tshirt, you’re definitely a liberal and I am by no means supportive of any liberal movement and neither am I American. However as an amateur news photographer myself, I really see where you’re coming from and your lack of complacency is really inspiring. Keep fighting the good fight.
Man, I used to live within walking distance of where you got arrested. You know what “Professional Law Enforcement” stands for? It means they cover their ass as effectively as possible. There are some good judges in Dade County, but I’ve never been met with anything but laziness from the City of Miami Police Department, yeah it’s a tough job – who didn’t know that when they signed up?
Anyway, I hope some day we’ve got a world where everybody in any place remotely public expects to be “videoed” at all times and can deal with the fact. It’s going to be a rough transition, but people like you are helping to move it along – keep up the good fight. The alternative is secrets, and I don’t want “Professional Law Enforcement” to have any secrets, ever.
Hi Carlos.
Good Job!
It stuns me to read comments by people who claim pride in living in a “free” country but cannot recognize when they are being subjugated. Notwithstanding whether you were or were not warned by the officers involved, the fact that the officers are funded by taxes places them lower on the food chain in terms of their rights. In their capacity as civil servants, they have surrendered many of their rights to privacy while acting in their official capacity. Thus, absent an emergency or imminent loss of evidence, police have no right whatsoever to avoid being watched, photographed or filmed while acting in their official capacity.
Every one of those ungrateful pricks swore a solemn oath to uphold and defend your right to be free from unlawful restraint, searches or seizures. They also swore to protect your right to free speech. They gave this oath in exchange for the promise of payment of money if they agreed to uphold these rights and many other rights. I know they’re keeping the money. I wonder when these ungrateful pricks and con artists are going to start keeping their promises?
Those of you who cannot recognize that government officials are your servants and not your masters should do the rest of us a favor and remove yourselves from the gene pool. Since when does the master of the home ask the butler for permission to watch what the butler is doing?
Keep up the good work, Carlos.
Here is another example of how people in uniform think they can get away with pushing us around. This is about the TSA
http://www.gadling.com/2009/04/02/tsa-detains-man-for-carrying-cash/
The sad thing here is that it doesnot seem to me that you understand that as a police officer when people are interfereing with a scene it creates another issue. You have the right to take photos but you di not hve the right to create a distrubance and or block traffic..enter into an area that officer are investigation an incidnet and certainly no right to interfere with what te officers are doing. Check out Mlive.com Wastenaw county sheriffs and clifton lee. Lee is dead becaue he tried to interfere with the officers on a traffic stop and then resisited when told to leave. Just try to consider that as officers wen need to proctect our safety as well as the safety of you and the rest of the public,
Stacy Cain,
But that’s the point, I was not interfering and I was not standing in the middle of the street.
In your opinion…have been a cop for 25 year I a held a dollar for every time some said that the were not interfere I would be rich. I am just asking that you put yourself in the cops role. What were they investigatig
That’s interesting you have that opinion because not even the arresting officers said I was interfering with their investigation.
They claim I was standing in the middle of the street taking photos, which I wasn’t.
Besides, the investigation was already over, which is why all five officers were able to come after me.
Maybe you should read the arrest report before you come up with any more determinations.
http://carlosmiller.com/wp-content/uploads/2008/01/arrestreportredactjpg.pdf
I did read the arrest report….I just find it difficult to believe that there is not more to te story. If the investigation was over wat were you taking pictures of?? And if you were just an innocent bystand wywould the polce bother with you ..what aren’t you telling
I was working on a story about the ongoing changes along Biscayne Blvd, which has always been known for drugs and prostitution, but had recently undergone some positive changes.
I was walking up and down Biscayne Blvd taking photos, talking to shop owners and just trying to get an overall impression of the area.
I came across these cops who were conducting some type of investigation. I wasn’t sure what it was, but I didn’t really care.
I just needed the photos for my story because crime and police were a big factor in the story.
The road was under heavy construction and traffic was limited to two lanes, one going north and one going south. This is a very busy road and it was 7 pm on a weekday, so there was a lot of traffic.
I stood inside the construction zone because frankly, I don’t have a death wish.
I was about 20 yards from the cops and snapped some photos with a telephoto lens. I was in plain view because I had nothing to hide but I did not get too close because I didn’t want to freak the cops out.
I’ve covered the police beat for many years in newspapers. I know how to act around cops when doing my job.
One cop asked if she could help me. I told I was taking photos. She said this is a “private matter”. I said this is a “public street”.
Next thing I know all five cops had approached me and were ordering me to leave the area. I stood my ground and tried to explain that I was just doing a job and that I had a right to be there.
I wasn’t acting like a dick. I was trying to reason with them.
Then one of the cops grabbed my arm and escorted me across the street. On the other side of the street, I stood on the sidewalk, figuring I would take my photos from there.
But they kept ordering me to leave the area. It became a complete power trip for them.
I kept telling them that I had the right to be there and I snapped a few photos because I wanted to document the incident.
Next thing I knew, they arrested me.
I had no idea what they were going to charge me with until I was sitting in the jail cell and somebody handed me a copy of the arrest report.
When I saw that they said I was standing in the middle of the street, I laughed because that was a pure lie and I knew I had photographic evidence that showed the street behind them, which is the one in the header.
If it were true that I had been standing in the street blocking traffic, then I would have accepted my charges and just moved on, striking it up as a lesson learned.
But it was a lie and that is why I’ve spent two years and thousands of dollars fighting it.
Here is the story I was working on that night.
http://www.magiccitymedia.com/wp_mcm/?page_id=4&aid=48
And here are all the briefs pertaining to my appeal.
http://carlosmiller.com/2009/03/30/the-moment-of-judgment-has-arrived/
Carlos,
I stumbled across your website from The Gary Baumgarten Report. I wish you the best of luck in your fight. Most police officers understand the law and take their job very seriously, but the ones who don’t need to be exposed. I will try and catch your “talk” on7 April on Gary’s web site.
Stacy, when Carlos wins his appeal you will get a chance to know the whole truth. I hope you will join us at Carlos’ next trial which will set the matter straight once and for all.
If you do get a new trial, let me show you an example of what will be used against you:
“I stood inside the construction zone because frankly, I don’t have a death wish.” This was your Apr 6, 2009 at 8:41 PM comment. You have just admitted to a 3rd degree felony, which is an arrestable offense.
I can’t believe you are jeopardizing your possible appeal by posting comments that will absolutely be used against you. You should clam up and let them contradict their statements and not incriminate yourself.
Scott
Scott,
First of all, in my appeal, they can only use evidence that is in the record, not anything I’ve posted since the trial.
Hell, it was that logic that I built one of my arguments around.
Also, please explain exactly what I said that is a “third degree felony.”
Florida Statute 810.09 Trespass on property other than structure or conveyance.– will explain to you the “third degree felony.”
Also familiarize yourself with F.S. 316.130 Pedestrians; traffic regulations.
You are absolutely correct about the record being the only evidence allowed for your appeal. However, if you are granted a new trial….then everything you have said or posted is fair game. Your lawyer should have advised you to keep your mouth shout until you have a resolution to your incident.
Scott
Great blog. It is important that the press is free to be able to take photographs free of harassment. It is legal to take photographs and if you were trespassing, they should have charged you with that and let that be that. Good luck.
Scott,
You really need to do a better job of interpreting the laws.
FS 810.09 also states the following:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011;
The area in question was open to pedestrians. It just wasn’t open to traffic. The sidewalk was in full operation by pedestrians and a multitude of businesses were open along side of the road that could only be accessed by walking through the construction zone.
Plus, there were no signs that said “no trespassing” and although police did tell me to leave that area, by them suddenly admitting to this would throw their whole story off base because then it would mean I was not in the middle of the street.
Besides, if they wanted to pursue that in this situation, it would be a misdemeanor, not a felony as you claim.
For it to be a felony, it would have to be one of the following situations, which I cut and pasted directly from the law you cited:
1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”; or
2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign shall be placed at the location on the property where the permits for construction are located. For construction sites of 1 acre or less as provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s. 810.011(5).
(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
(h) Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.
And why are you telling me to familiarize myself with F.S 316.130? I was not standing in the street.
Please, familiarize yourself with my case and the actual law before you come here and give me legal advice.
http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0810/Sec09.HTM
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/SEC130.HTM
I would like to thank all those new readers who have stumbled upon my site and have offered their support (and even those who haven’t).
I hope you guys stick around. We have a good crowd here.
i still want to no what the officers were investigating when the approached you..was there a barricaded gunman..dead body..rape victim..and what weryou so hell bent on taking pictures of.. i am really trying to see your side of the story. Have you FIOA’d the report that was taken by tose officers prior to yur incident..and have you posted transcripts from your trial..this is facinating to me. I had a incident 21 years ago were a had a subject having a seizure in a college classroom…we had a new “public info officer” and he sow uo taking pictures of the sick person. I had resrticte access to everyone for the area and he feltthat h had the right to disobey by coming into the room and snappin pictures. I was adised by a suervisor to escort him out which I did. he did nt charge him but our boss had a jesus come to meeting and he never interfered again. HOwever If I was on an icdient that i felt was news worthy i wouldallow him to take pictures. Now years later I still try to protect peoples right to maintain there dignany butI do try teach critical incident stress managemtn. I start for polic fire and ems and I have been working to include tow truck drivers and many of our local media because they are in a sencefirst rsponders as well. I live n Michigan an it does not seem that we have the issues with photographers like they have in larger city. I jsut want to sy that I am nt the enemy here again just find this fasination…..I will try to get time to read your brief. I did read the story that u wrote about the area but oddley did not see any pictures that seemed to b so important to …did i miss them ? I lov yur photos that I have sceen. Sorry for the typos and mistakes..i have some kind of eaar enfection and things keep spinning and I am not a jounalist..just a cop tht uses spell check…comment please
hey carlos just listened to your web interview AWSOME POINT bro keep it up
cant wait to see what the Apelet court thinks of your breifs to be honest i read them all and the cops are in the WAY WRONG lieing on the stand in swarn staments hmmm isnt that a fedral offence any way i would have dropped all charges INCLUDING resisting arrest considering all evidance you wernt resisting a LAWFUL aresst ………….
Stacy Cain,
The reason there are no photos in the article I posted is because the news website that the story originally appeared on went out of business and shut down, bringing down the website along with my original article and photos.
So I retyped the story on my other website, which is why there are a few typos.
I’ve been meaning to put up the photos in the article as well as correct the typos and do a lot of other improvements on that site, but frankly, this site is taking up all my time.
If you read towards the end of that story, you will read the part where I interview the Commander of the precinct. In was in that section that the photos were posted.
Actually, the photos used were some I took after my arrest of the same officers arresting someone else.
It seems to me that you, as an officer, want to be able to determine what is “newsworthy” and what is not.
But that is not your job. That is my job. If I am writing about something, I will decide whether or not it’s worthy for my article.
The incident that I was taking photos of turned out to be an accident investigation involving a county bus driver who was refusing to sign the citation, so police were yelling at him, which was when I came across the scene.
But at the time, I didn’t know what it was, so I just started taking photos thinking I would find out later what it was all about.
Sounds like maybe police were taking out there frutration towards the bus driver on you…..no I do not feel that I have the right ot decide what is news worthy but I do have the right to procect the integeraty of a crime scene.
Sounds like maybe police were taking out there frutration towards the bus driver on you
That’s an interesting point that I had not thought of. I’m not sure if he ever signed the citation.
Carlos, Again watch what you say…in th second to last paragraph of your response to my comment, you said, “I was not standing in the street. ” Yet below are comments from the second and third paragraphs of this page:
“The five officers were standing inside a construction zone that was closed off to traffic because of an ongoing road construction project. I was standing inside the same construction zone, about a half-block from the officers.” and; “When I reminded them that this was “public road”, the officers abandoned the investigation to deal with me.”
If you are granted a new trial, this will be used against you. Bet your life on the fact that these officers have been following this blog, and they will make sure the prosecutor is aware of your comments.
Get your story straight! The reason I told you to read the Pedestrian Statutes is because of your opening lines about the facts of the case. And please don’t infere our communication as giving you legal advice, that would be against the law.
Scott
Scott,
I appreciate your concern.
The truth is, I said “public street”, not public road, so I misspoke earlier.
And that was already brought up in court but it wasn’t turned into a big deal because even though the word “street” literally means the pavement you drive on, it is also used to describe the entire thoroughfare, including sidewalks, parking lots and parking lot.
For example, the word “streetwalker” doesn’t necessarily mean a woman walking in the middle of the street.
They are usually on the sidewalks.
Or the phrase “street crime” doesn’t necessarily refer to crimes that took place in the middle of the street. These are crimes that occurred outside in public.
So when I said this is a “public street”, I meant the entire area. It’s all public.
Scott, Carlos has this on lock down, no need to worry about him. Hopefully the Judge will treat Carlos with some more respect when he wins the next trial.
Those officers need to be fired then charged with kidnapping, assault, and probably a slew of other charges. They also need to be prevent from ever going into any law enforcement job again.
How the silver tongued prosecutor got the jury to convict him on resisting arrest is beyond me. If they tackled him immediately without any other warnings than “keep walking”, then he’s not guilty of resisting arrest. Maybe guilty of not following legal instructions by a peace officer, but again, were those instructions legal? I dont’ believe they were.
Theses officers need an example made of them.
Muckrake on brother. If they cant stand the daylight, they are cockroaches. If you don’t know someone who has been screwed with by the fuzz, you don’t go outside.
When did they stop teaching “Peace Officer” at the academy?
Carlos,
I very much appreciate your struggle for the rest of us. I also appreciate your open attitude to respond to otherwise rational people who have problems with photography. Its so irrational to be against your points I don’t even feel I have to explain why it makes sense as we would obviously have a mutual understanding. Truly, democracy is in need of people like to so we can relearn our principles from time to time. And of the cops that arrested you, its easy to see that a group supported chauvinistic attitude took over, albeit stupid and tragic, these things happen all too often with high school bullies. I can’t say enough for what you are doing, thank you
Thanks FTJ, MW and C.L.!
Sup Carlos. Great site. Funny how police, prosecutors, and judges allow and encourage paparazzi to harrass celebrities (public figures) but don’t like it when the attention is turned to them (as public employees). I blog about much of the same stuff you do, but am on somewhat of a hiatus because I’m currently suing the Tempe (AZ) Police Department and Maricopa County (AZ) for their blatant violations of my constitutional rights. Keep up the good work.
well Im no liberal. And wally the cop, is “running your mouth” kinda like our right under the constitution to have freedom of speech? Yeah the liberals have butchered our rights, but so have the conservatives who think all law is constitutional. Yeah, when they come for us with some new unconstitutional law, you will be in the lead enforcing it against your own people. That is why liberals and conservatives had better wake up and join around the rape of our constitution. You don;t have too much longer before its gone. And wally, when they do come for me after passing an unconstitutional law, I hope you are on point . Also after your initial retreat, you will rethink. I also suggest you bring a lunch. Your forefathers the Tories tried the same thing in Lexington…You might want to see how that turned out.
Carlos,
Here is one raging conservative who’s with you! I have spent four days in a Mexican jail, have been harassed by Texas cops in almost forty little hamlets, and have been told by Amtrak conductors not to photograph from the windows of a moving train. All because I’m a photographer.
Stay away from Texas, dude! Some good-ole-boy in a Sheriff’s patrol car will pull up along side of you, and in that castrati twang, query you:
“Whadareyoodooing?”
I’m a white guy, so I get let off the hook pretty easy. I can’t speak for how they treat Mexicans and Hispanics.
Take those sons of bitches on. I hope you win. The law is the most corrupt of all.
@Carlos: “J, you must be a cop. The jury found me not guilty of disobeying a police officer, so basically they were given me an unlawful order.”
For someone who pretends to know so much about the law, might I interject that being found guilty does not make you innocent, nor does it make the police guilty of issuing an unlawful order. All it means is that the jury did not feel the prosecution had proved its case against you. It does not mean the jury felt the police were guilty of any wrongdoing. Please get your legal terminology straight if you’re going to play internet armchair lawyer.
Mr. Miller, there is a unique difference by photographing people 10′ away then being 100′ away out of sight….Rodney King was not assaulted (as the record showed). He resisted a lawful arrest..Now do I agree that you should have been arrested..No…but when you are asked to move along by police…Don’t use that moment to “excersise” your 1st Amendment right to free speech/press….Unless you are a bonafide journalist…i.e. working for a credible AND licensed periodical. You are not entitled to press privilage (at least in my state)…
The police can’t just go around photographing people…I can’t go around photgraphing people…what allows you to do so….Guess what..there are some judges that are just jerks…
The cops lying on an official police report can lead to their being suspended/fired.
That is DISGUSTING; and yet, people still side with ‘police’ because they’re so invulnerable to human faults (right? riiiiiight?).
Lying on police reports is worse than petty crime, because you’re EXPECTED to be LAW ENFORCEMENT, not LYING LAW BREAKERS.
Good luck Carlos!
JD // May 13, 2009 at 5:14 AM
———————————————
Um, yea…if you’re in the public domain, you can just “go around photographing people”.
So, that the result is? Have you done it?
I judge in Russia against St.Petersburg’s subway.
There are rule (my translation):
“Photography, filming or video recording is prohibited without written authorization of administration of subway”. This authorization costs…200 (two hundreds) dollars. IN HOUR. I was shocked, so I wrote complaint to the Prosecutor’s Office.
“Information must be free!”
In Central Texas I was attacked by a policeman on the town square just for saying “God bless you. I love you. Get well” to someone on a stretcher. I lost my memory during the attack, but I started having nightmares about some kind of invasive brain surgery with a very thin drill into the wounds caused by my concussion by police-shoe and/or police-baton and pavement. With the lack of memory, I’m not 100% sure it was a dream… but, either way I’m a little shaky about police these days. Oh yeah, and I got rolled by the legal system afterward…the ol’ “hush hush and we won’t ruin your life” routine.
Why does Dreamworks get to privatize a public street? Did they make a deal with the Legislature?
I want to privatize a public street to take my photographs, too!
Mr. Miller…seriously….why do you let the wannabe police post to your blog? I love the comment by “M” about the 6′ apemen + you in the cell. Just classic baiting tactics. Well, enjoy all the loonies you allow to post here. Personally, I’d ban about 1/2 the imbeciles & get the IP addresses on the other half. Just in case you need to sue them for stalking. They have a love for hate. Jesus Christ will not save the hatemongers, but Lucifer loves to use them for his evil purposes. Ciao!
I find it amusing to see naive social liberals “fighting” for their “rights”. All you are really doing is filling out government forms. After the token appeals the government grants you, you will have no choice but to accept whatever result the government sees fit. The best case scenario is that you go free; no policy is changed, no authorities are impressed, and you continue to blog while others are incarcerated for the same pointless actions.
Your actions are pointless because (contrary to what the Freemasons who founded this superpower state would have you believe) you have no rights. What you call “rights” are just instances in which policy allows you some choice of action. Your “liberty” is a loose leash. As has been illustrated by your case, the actions you chose -harmless though they may be- are not allowed by effected policy. The policies which do allow your actions are irrelevant as long as they are not effected.
But now that your only hope for practical freedom lies in the lunacy and shame of begging the authority that condemned you for a merciful judgment, I sincerely hope that such mercy is bestowed on you. It should be, considering that your case is far more important to you than it is to them.
Wow, that was an interesting rant.
And just what would you suggest Mr. Anarchist?
The court system CAN change things in this country, as has been proven by history, unless you would like to contend that things like the Civil Rights Movement never happened.
And “Freemasons who founded this superpower state”, really? Some of the founding fathers were freemasons, yes, but this country was hardly a superpower until about 150 years later.
I suggest brushing up on your history, or at least be a little less paranoid.
From,
A fellow anarchist.
The Civil Rights Movement and has only led us all to be equally oppressed.
And sorry I should have said the Freemasons who founded this state, the bankers and Freemasons who transformed it into a superpower, and the bankers and globalists who control it today.
Oh, and I just re-read my post, and while I intended it to be negative, I should have directed less of that negativity at well-meaning activists like Miller. I can be very pessimistic sometimes. Who knows how much more fuɔʞed we’d be if it weren’t for people like him?
As for what I suggest: for the short term, something clearly (and secretly) filmed by both the subject and a third party, which is guaranteed to show even on corporate networks; something even O’Reilly can’t spin… (And make the primary focus to gain the sympathy of the majority, because somehow the public tends to view you guys as “troublestarters” and “lunatics”, asking, “Why are they filming cops?” or “Why didn’t they just submit to the search if there was nothing illegal?” I argue with a lot of people on youtube for that stuff.)
For the long term, use that publicity to maybe link activist blogs and websites under a massive directory (similar to what this site does on a small-scale), and solicit money/advertising to buy equipment to increase production quality, pitch a show to MSNBC and other networks, get enough viewers to show a long-running series, which pays activists to bait officers into illegal abuses of authority while unknowingly on camera, leading to legislative reform, (this will also lead to cops being wary and granting more leniency to avoid embarrassment) all the while using some profits to lobby legislators, and using some to secretly fund a subversive group, called “Obstruction of Injustice” or something similar, which would directly attack (legally, of course *wink*) the government’s ability to prosecute non-criminals and non-violent criminals. It would be like the ACLU outside the courts.
It may not be easy, but if we could get widespread international internet support, college-age volunteers, liberal/libertarian politicians’ endorsements’, and Hollywood donations, who knows? Maybe even start a revolution.
You know what, ignore my earlier post. Keep doing what you’re doing, man.
By the way, currently reading:
http://www.isil.org/resources/lit/looting-of-america.html
Well, that really explained it a lot more clearly, thank you.
I agree about the bankers and globalists.
That actually seems like a plan that has some small possibility of succeeding, which is more than I can say for most of the plans for change that I see around.
Thanks
anonymous anarchist,
To beat somebody on their home turf is one of the most gratifying experiences. And I will do that.
Carlos,
It seems that you are insistent on having your first amendment rights protected. Are you willing to do what ever it takes to protect them? What about the other rights listed in the constitution? Will you fight for them as well? What happens if/when you lose your court battle, will you just shrug and say that you were wrong? Will you, as a defender of the constitution, also defend those that are having their 2nd, 4th, 5th amendment rights violated? Will you continue your fight and the fight for others long into the future?
As a “Raging Liberal” and a confessed “Obamunist” your answer to all these questions must be “No”. If its not then your not as liberal as you think and maybe you voted for the wrong guy.
Carlos,
I’d just like to say that I’m amazed at some of the posts here that just do not understand what the actual issue is.
That AMERICANS would think that you should “go away even if you’re right” scares me. These are the same people who think that if an officer demands your ID while you’re walking down the street that you HAVE to give it to them. The same ones who can’t understand the person who says “NO” to a search, lie detector test, or other intrusion.
We still have the bill of rights, weakened as it is. We won’t have those rights if we fail to protect them ALL.
I for one do NOT blindly cooperate. When asked “do you mind……”, I most certainly do. Of course that is almost universally followed by “why, are you hiding something”, No, I simply know my rights and don’t wish to waive ANY of them.
I must ask you though, because of the “Raging Liberal” shirt, do you also believe in the full power of the second amendment? You see, some of us believe that it is the most important for once that one is gone, the others will quickly follow.
Bruce,
I support all the amendments. It would be hypocritical to do otherwise.
I am also a gun owner.
Well I wish you were closer, I’d invite you to fly into my airstrip and try out my pistol/rifle range in the “back yard”. AFTER punching some paper we could have some drinks on the beach. It’s a long way to Oregon though and I “suspect” the beaches in Florida are a lot nicer than mine.
There’s a couple of amendments I’m not real happy with (income tax comes immediately to mind) but they are our Constitution.
Although, it’s not like our constitution is perfect or anything. The smartest thing the founding fathers did was the ability for amendments.
All can say about negative comments like those in the first post are that some people are either terribly misinformed about, or threatened by, our Constitutional rights. As a working photojournalist, I frequently encounter “enforcers” whose ignorance of these rights creates a hostile working environment for me and my fellow journalists. However, what people like the aforementioned commenter fail to recognize is that the ordinary citizen’s rights are also being threatened when police and other authority figures ignore or misunderstand the law in the case of journalists and protesters. Journalists and other freedom advocates are merely the lightning rods for civil liberties challenges. The rights of all American citizens are what really hang in the balance with these types of confrontations.
Carlos
Happened upon your blog researching the 70 year old woman who got tased for not signing a ticket. Read about your case and want to THANK YOU for what you are doing. The issues of police brutality, abuse, and LYING need to be talked about now more than ever…especially considering the disparities of stories concerning the Gates case. The woman who called about the break0in never mentioned “two black men with backpacks”… Where did that come from? Why is the police report so different from Gate’s attorney’s statement?
The #1 comment posted here speaks to a larger issue… While you have a portion of the populace who are more than willing to “police themselves” with that sheep mentality statements like that, (“your KIND of people”?) abuse like yours all the way to the extremes of tasering people to death will continue to happen. Your work will continue to wake people like “M” up, even if they don’t realize their minds are being challenged at the time. Keep it up!
you know, i see a lot of apparent animosity towards police officers on this website. you cannot blame every officer for the actions of a few distorted minds. just to let you know, by taking pictures of police officers while they are working and without their permission is a very dangerous game.
i’m a police officer and i’ve had issues with people i’ve previously arrested. one day i’m at the mall with my wife and infant when someone approaches us. i recognize them as someone i’ve arrested. the person had a knife and pointed it at my family and myself looking to obviously hurt someone.
i’m not by any means the best hand to hand fighter. if i didn’t have my weapons concealed underneath my overshirt then i do believe that he would’ve killed one of us if not all of us.
as police officers we become targets for anyone that dislikes us. even when we’re not working. we face that everyday and i think about it everytime i go out into a public place. i have to look over my shoulder everywhere i go because of it. that’s not a good way to live but then again, someone has to do it.
i don’t always take my patrol vehicle home but sometimes i’m required to due to bad storms that come through the area from time to time. i’ve had people damage my home and my personal vehicles because they found out i’m a police officer and, for some reason, they don’t like police. so now i don’t even feel safe in my own home because people know where i live and know what i do makes me even more of a target. i don’t know who did it but they could be anywhere looking at me and see what i look like. that means i don’t know where it’s coming from and from who.
i do what i do because i enjoy helping people. i’ve never had to shoot anyone or shoot at anyone. i really don’t want to. i really don’t want to do it because some creep comes to my home looking for trouble because i’m a police officer and they have some sort of vendetta against the police. even if i wasn’t the one who arrested him.
hell, he might just have some sort of gang initiation to prove. all i can say is that i’m already a target on my own. i don’t need your help to ruin my life and the life of my family.
I will guarantee to you that should you elect to uphold the inherent, inalienable rights of the people, the people would flock to your side. You instead have elected to enforce unconstitutionally rules upon the people that were meant only to control artificial entities. Because of that, you will remain disliked, distrusted, and thought of as the scum that oppresses human rights and that is aiding and abetting the enemies of America, both foreign and domestic.
Just want to say keep up the good fight. I found your site while I was searching for photography rights in Brazil and some how stumbled upon it. The “Policia Militar” are everywhere in Brazil and, although I snapped a few photos of them, I was never brazen enough to stand on the sidewalk and take photos with my telephoto lens. Despite my fiance telling me to do so. Anyhow, anyone with half of a clue knows that you were in the right and knows that in a public place anyone should be able to photograph or record anything they want at any time.
My ex-wife was an employee of a certain sheriff’s department in Colorado. I know from personal experience that they drank and drove, smoked pot, bragged about abusing inmates, and all sorts of other hypocritical situations. It disgusts me when they think they are above the law, especially when they have no concept of what the law is. There are good cops, I know this, but the ones that abuse their power do far more harm to society than the good ones ever do.
Good luck. I can’t wait to hear how your appeal goes.
Interesting blog Carlos.
After reading this, it occurs to me that this cascading situation is rooted in an effort to save face. It all started when some (or one) of the arresting officers decided to fluff up an incident report to justify their actions. But, instead of rolling over and accepting that injustice as many would do, you took a stand.
I can’t help myself from wondering what would have happened if after the officers escorted you across the street, they simply turned around and went on with their duties. Would this blog even exist today?
“Providence has hidden a charm in difficult undertakings which is appreciated only by those who dare to grapple with them.” – Anne Sophie Swetchine
I was also arrested for taking pictures of the cops as they were assaulting a man who ended up with a fractured eye socket and a broken arm by the end of the incident. I am a 27 year old female in Phoenix, AZ. I stand 5′5 and was taken down by a cop who was about 6′3. He tackled me to the ground and placed me under arrest for assault on an officer when I had never even touched the man. The police report stated that I slapped his hand off of my shoulder and asked him not to touch me. When I was released from jail I was handed my camera phone and the images I had taken were no longer on the phone. I fought in court with a public defender (I am a student, no $). The felony charge of assault on a police officer was dropped to a misdemeanor assault charge. I was placed on probation and ordered to do community service. I have appealed, but in all honesty It won’t matter. The police force always wins especially out here under Sheriff Joe Arpaio’s reign. I avoid the police like the plague for they can attack at any moment for any reason.
There is one good thing about your confrontation and the brutality by one of the Gestapo. Now, at least one more American knows how dangerous cops – the standing army amongst us – are to America and the people that form her. Hopefully, your family and friends also know the dangers of any armed and dangerous enforcer of de facto laws being any where close to our people. I can safely say that not one of them obeys the law of the land, and further that they violate every regulation meant to control them and the other artificial entities.
One day rest assured that the truth will out and the scum will be removed from our presence, replaced only by those that do not aid and abet the domestic and foreign enemies of American freedom.
Dan,
If those cops would have just turned around and left me standing there, I probably would have snapped a few more photos, before walking away myself.
My intention that night was to take pictures all up and down Biscayne Blvd.
But you’re right, this blog would not exist.
I’m sure I would have eventually launched some blog or another but it probably wouldn’t have taken this direction.
It would probably be more Miami oriented.
I have struggled since my arrest because it affected my professional reputation in the beginning as well as cost me thousands in legal fees.
Now I am establishing myself professionally again but it hasn’t been easy.
At the time of my arrest, I had recently moved back to Miami after ten years of living and working away, so I was just beginning to establish myself professionally here when I got arrested. And it set me back some.
Your contact page gives a suspended mail address btw.
JR,
I receive the emails. It just sends that message back for whatever reasons and I don’t know how to fix it.
Aaron // Jul 29, 2009 at 7:36 PM
ill start with saying you make some very good points, saying that!
from the tone that you had writing, you seem, to me at least to be one of the good ones that wear a badge, the problem the public has I think is this.
The public in general are afraid of law enforcement, I do not think you and many others see that, [forest for the trees, kind of thing], and it sure seems to me that you all stick together [no matter what],when you should be turning in the bad ones doesnt help they situation. You watch my back ill watch yours, that has gone way too far, and good cops really need to stand up and fight for the public trust that you seem to be wanting, but that has to be earned, not demanded, [like arresting people falsely], I am asking you, do you really need to as a law officer need to arrest someone that has pissed you off? And cant you and others like yourself see how wrong this is on so many levels. {if one just drives down the road anyone with eyes can see how the public reacts when a police/sheriffs car is noticed by most}, and if its one that is not stopped on the side of the road, but driving along with other cars, oh heaven forbid if you even think of passing even if they [the police],are going under the speed limit, I have seen it many times, does anyone even notice this but myself?
You also say that you have to watch your back all the time, well then, think like you are asking us to think, [99.97% of us out here do not wish you harm of any type] ask all of us that do not wish you harm to help you watch your back for those that would wish to harm you, and for doing this, please dont arrest me for pissing you off. perhaps that wasnt my intention????
bottom line I think, we are in this together, you and US, and we all have to stick together or else we have what we have now, and its going to get worse, you are arresting us, and we are not watching your back cause of what you are doing to us, If you had 99.999% of us watching your back, how much sleep do you think you would lose, none I think.[by the way, i have a cop that lives next door, and if I noticed anything, i would dial 911 for him,etc., and I dont even know him that well.] and you know what, i also would have to do that for a BAD cop, cause i have to do what i need to be able to sleep when my head hits the pillow!!!!
hope i didnt rant too much! and if anyone takes that the wrong way, cause i said the wrong words or in the wrong way or order, i state now that i meant it all in a good way, and with no negative, nor any aggression to anyone, I am only trying to make a point.
Not to continue cop bashing but there is a reason cops act the way they do: because they can and because they like it. Just like not all priests and gym teachers are pedophiles not all cops are megalomaniac a holes. However, there does seem to be an inordinate number of them that are because like pedophiles they tend to gravitate to positions that allow them to indulge their sick desires. Absolute power corrupts absolutely.
I began reading all of the comments but when I saw there were 224 I just skipped to the bottom to put in my 2 cents, so sorry if this has been said already.
I agree that you were in the right and that not only were their reasons for arresting you foolish their charge of resisting arrest was most likely exaggerated. I would also like to say to everyone that commented ‘you should just walk away, it’s not worth it’, that’s exactly the point. If everyone just ‘walked away’ we wouldn’t have many of the stories that we do.
Now for the negative… Most people don’t like randomly being photographed. While it’s really their problem because they are in a public place and can’t legally object, they have every right to inform you that they would like you to stop. This applies to police officers, however, there is now the unfortunate problem of the difference between a police officer requesting and a police officer ‘ordering’. What it basically comes down to is that in a police officers line of work they don’t like people opposing them because that generally means bad things. It then becomes difficult for them to differentiate between someone disobeying a law and someone disregarding their request (They are after all, contrary to popular belief, merely human).
I don’t think you should have walked away, and I think that the arresting police officer was wrong to have done what they did, but I also think it is very negative to attempt to portray the entire US police population and our entire legal system as a negative thing. (I was very glad to see one of your articles being a possitive thing about police and hopefully you will be able to find others that can demonstrate the ‘correct’ actions).
Long winded and jumps around a lot I know, but I just don’t want something like this (an infraction of a civil right) to turn into a Liberal bashing vs. cop bashing debate.
“Liberal bashing vs. cop bashing debate.” your joking right, even they way they protect themselves from us? naw its gone way to far as i am concerned and it really needs to stop. officers of the law need to be held accountable for what they do, when they go beyond this, they should be in jail just like the rest of us, [and for those that would say, this is a fine line, well ya know what? in loads of cases that are coming out now, no it is not! ]
if not then what we have here is a police state, and i for one dont want that. That is exactly the direction we are headed! and if anyone doubts me, voluntary spend a few months in jail, then let me know what you think!
More Resisting arrest, before being arrested, without violence, never mind the 4th, 5th and 6th amendments.
MANATEE COUNTY – Prosecutors are not going to charge a former state representative who was arrested Monday during a confrontation with a deputy. From Sarasota Herald Tribune
The State Attorney’s Office dropped a misdemeanor count of resisting arrest against Mark Flanagan, the 46-year-old former legislator.
Carlos, this is an acquaintance of mine who served eight years in the Florida House. He was a huge proponent of the 85% serve your sentence time in prison for violent offenders and was elected because the Sheriff , Charlie Wells, at the time in 1994 was helping to get him elected. That Sheriff is now retired.
He was arrested at his home by a sheriff’s deputy for 843.02 because he told the Leo he needed to have his lawyer present before he would talk with the deputy. He wasn’t even a suspect in a criminal investigation, nor was his son, who the deputy was looking for. The deputy tackled him to the ground and handcuffed him. The State attorney, Earl Moreland, who is a good friend of Mark’s, dropped the charges the next day. Mark made two mistakes. One, opening his door to a Leo, and two, talking to a Leo.
You are not alone.
this is more of a rant against juries.
they found you “not guilty of disobeying a police officer and not guilty of disorderly conduct. However, they found me guilty of resisting arresting without violence.”
IF YOU DID NOT DISOBEY AN OFFICER AND WERE NOT DISORDERLY HOW CAN YOU BE ARRESTED?
JURIES ARE MADE UP IF NOT SO SMART PEOPLE.
I must be misreading something here. Is the issue the fact that you took photos of law enforcement officers? If so, that was settled years ago. Here ids a paragraph from a bulletin published by the FDLE quoting the 11th fed circuit. Here’s the link, and you can find more on a Google search for “Smith vs. City of Cumming”
http://74.125.113.132/search?q=cache:bgVLJwOXyUYJ:www.fdle.state.fl.us/Content/OGC/Legal-Bulletins/00-03–A-Review-of-Selected-Cases-Of-Interest-To-F.aspx+%22Smith+vs.+City+of+Cumming%22&cd=2&hl=en&ct=clnk&gl=us
9) First Amendment right to videotape police, officials
Citizens have a First Amendment right to photograph or videotape the conduct of police and other public officials on public property, subject only to reasonable time, manner and place restrictions, the 11th U.S. Circuit Court of Appeals said. The court said a lower court erred in concluding that two Cumming, Georgia, residents had no First Amendment right to videotape police actions. “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest,” the court said. However, the 11th Circuit affirmed the lower court’s summary judgment in favor of the city, concluding that the couple failed to show that police officials violated that right by preventing them from videotaping police activities.
[Smith vs. City of Cumming, et al., 212 F.3d 1332 (11CA 5/31/00)]
I hope this helps.
Mike
excellent blog…keep up the good work!
Excellent blog! Congratulations ! More people like you are needed. It is amazing how many are being – and let them being – intimidated by officials.
Keep up this work !
The best,
M.
When you surrender the first time, you have surrendered all the Bill of Rights.
You do not deserve any Rights, if you are not willing to defend your rights to begin with. When I’m your president, all Bill of Rights will be enforced. Pity the poor stupid cop that assault me then. It is time to Restore, not Change America.
And people wonder why I hate cops. This assault on our Rights has been going on since at least 1936 when I saw Detroit cops beating auto workers who were demanding Rights.
It is time to defend Americans, and make the cops obey the laws we hired them to serve to protect us, not abuse us.
This stuff happens. It happened to a friend of mine who is a big p#@y, so I know he didn’t start anything w/ the cop. Also, my brother-in-law had to beat an off duty cop’s ass in a supermarket. The guy wouldn’t stop childish name calling, so my bro pulled the guy’s jacket over his head and gave him a beat down. We have some great law enforcement officers and some losers. Thanks for going after the losers.
Carlos, after reading a number of these blogs regarding your case, I think you represent journalism at it’s finest. Just a quick story…I went to the Arizona State Fair 3 years ago. I went with my girlfriend at the time and I had not been there in some years. When we walked in we noticed a Phoenix Police officer patting people down. When we were the next in line, the officer looked in my eyes as if I was some thug, and never said a word as he lunged (yes lunged!) forward and began patting me down very aggressively. I instinctively took a couple steps back as if someone was attacking me. He was very angry and bellowed out “put your hands up!” I did so but looking back, I should have just walked out! I am not a thug,nor do I look like one. If anything I probably look like the guy you would want to rob. I will never go to the Arizona State Fair again, and now I have heard that it will not reopen in 2010. The economy and the element are due to this closure. Carlos, I feel disgusted when I see the media or certain individuals harassing celebrities in inappropriate ways such as hiding in their bushes, and taking pictures in their homes. THAT IS NOT THE FIRST AMENDMENT!!! What you have done is annoying to the officers, but in my opinion your right as an American. Good luck with your fight.
I’m a cop. Take all the pictures you want. That’s not an invitation to get in my way or invade anyone’s privacy. But on the street? Have at it.
This is the US of A. I’ve been sworn to up hold your rights both in the military and in the department. This isn’t always popular with those I work with. But I have to look at myself in the mirror every morning. What some cops do under the color of law disgusts me more than the street thugs who rob or steal.
Ken,
Thanks for the comment. I wish more cops had your attitude.
We have several cops, retired cops and ex-cops who read this site and post comments on a regular basis.
They all have different perspective and all perspectives are welcome here.
So hopefully you’ll stick around.
KEN:
your last line there really also hits home with me. As someone in your position, what might you suggest us that are out here might do to try and get this sort of thing to stop. what i mean, is, file a complaint but with whom? any suggestions that you may make would be very helpful, its always easy to say for some that there is no problem, and all of us are making something out of nothing! I for one happen to know this is not true, and there is a problem, and it really needs to be addressed some how, some way!
SAM
Keep up the good fight.. like ghandi said: First they ignore you, then they laugh at you, then they fight you. When they fight you you win..
Power is intoxicating and most cant handle the high.. (COPS) their will never be peace..
Brian Ellis
Carlos,
It appears I somehow put a bad link in my previous post. Try this one. The F.D.L.E. affirm your right (based on the 11 Federal Court of Appeals decision) to take photos and videos of cops on public property.
http://www.fdle.state.fl.us/Content/getdoc/9d4028d8-dc0f-472d-9dc6-67d14b2714c7/00-03–A-Review-of-Selected-Cases-Of-Interest-To-F.aspx
See Smith vs. City of Cumming
Cops are like theoretical physicists, prostitutes and school teachers. In any group, 50% are gonna be below average.
What is interesting is that when I stumbled across this blog a few minutes ago I did not get any hits for “carlos miller” via either the Sun-Sentinel or Miami Herald internal search engines. “The little engines that couldn’t?”
MORE POWER TO YOU …. mine was the story about being asked to stop filming the incident at Ohare airport this past weekend….all those that say filming should not be allowed…wait until you are violated and wish that someone caught it on film!
Ameriduh, home of the free lunch.
Ken:
What do you make of the notion that decent cops, whether by silence or insufficient action, actually enable bad behavior by other officers?
Increasingly it seems to me that the only way real change will come is if people within our police forces speak out and work for reform. God knows the public seems too complacent/clueless to demand change.
Is the “thin blue line” culture so corrupt and entrenched that improvement is impossible? If it is, then we’re lost. Because the only way policing can be truly effective is with the trust of the public, and far too many cops seem hell-bent on destroying that trust.
“Because the only way policing can be truly effective is with the trust of the public, and far too many cops seem hell-bent on destroying that trust.”AMEN they dont seem to know or perhaps care that they will also be on the end of “bad cops”, is there a secret code or something so that they know before they shoot, that they are about to shoot another cop? I dont think so, so when this starts happening, and if this crap doesnt stop, it will! they will be killing their own and its gonna be that much more difficult to go back to the way it really needs to be, like Jason just stated! THE ONLY WAY FOR THIS TO END, IS FOR THE POLICE TO POLICE THEMSELFS, AND I FOR ONE DONT THINK THIS IS EVER GOING TO HAPPEN! I AM DEALING WITH A MIAMIBEACH “cop” RIGHT NOW THAT THINKS THAT HIS CRAP DONT STINK. we all may very well be lost if nothing changes and if we continue down this road! and the “we” i mean by the cops also!
Thanks in part to the post 9-11 “every cop is a hero” nonsense, “effective” policing to most cops is effecting an arrest or compliance for whatever reason they feel like, legit or bogus. Trust in the police has been replaced by fear. The cops don’t care about the people; most of them nowadays are all about ego.
SAM said:
“KEN:
your last line there really also hits home with me. As someone in your position, what might you suggest us that are out here might do to try and get this sort of thing to stop. what i mean, is, file a complaint but with whom?”
With the police department of the officer whom you thought acted inappropriately. Cops get complaints all the time. I’ve gotten complaints when I was “less than patient” with someone who thought calling 911 and saying “send police NOW” was the right thing to do when her neighbor’s truck needed a jump start.
All agencies of any decent size will have a department that handles professional standards. Most will take every complaint very seriously. In our agency every complaint ends up with you in front of the Deputy Chief, doesn’t matter the outcome unless it’s completely unfounded.
My advise: file a compliant. If the department gets enough and the brass gets tired of pushing the paper a memo will be sent out.
Jason asked:
“What do you make of the notion that decent cops, whether by silence or insufficient action, actually enable bad behavior by other officers?”
That notion is correct.
Here’s the thing, cops rely on each other for protection. If I’m alone with a guy a lot larger than me, I want someone who is not going to lallygag on his way to help. So, a lot of cops will look the other way when something happens.
It also depends on whether you’re on the same squad or not, how approachable the officer is, etc. One thing to realize is the police atmosphere is like that of high school: egos and cliques. Ever watch Hill Street Blues? The Hostage Negotiator was always at loggerheads with the S.W.A.T. Commander? Yep. It’s like that in real life. Rank. Ego. Testosterone. Inter-departmental political BS. Etc.
So, it’s tough to speak up sometimes. My thinking is why should I be more afraid to speak up against a co-worker than I am against some harden thug on the street?
“Thank You, John” said:
“The cops don’t care about the people; most of them nowadays are all about ego.”
Not in my experience.
Keep up the good work. The irony here is that it is police and prosecutors who for decades have argued in court that people have no expectation of privacy in public places. They argue they can follow and conduct surveillance of people in public places, seize evidence in public places, use heat imaging and audio wiretappng in public places, all under the premise that there is no expectaton of privacy in a public place. Well, you can’t have your cake and eat it too. If that holds true, then photographers should be able to take pictures of police in public places.
IM suprised you were conviced of resisting arrest. I am an attorney and in my jursidiction the underlying arrest has to be lawful for a resisting arrest charge to be upheld. I.e. if they had no reason to arrest you, the fact that you resisted canot be a crime.
thank you Shawn, I am not an ESQ. and it makes me feel good when someone comes forward with that information, you sure as heck wont get it from the police! They know they doing wrong, what is it? IGNORANCE OF THE LAW IS NO EXCUSE? let me see, that doesnt apply if you happen to be a “law inforcement officer”? is is about time we take back control over who wears the badge or are we all going to attempt to live in a “police state”? Carlos, you have some homework to do about that fact, you were found to be guilty of “resisting arrest” when there was no “legal arrest”! I say the judge should be in prison for doing that, HE KNEW! he didnt get to be judge by being STUPID!
[i will leave with this, how may anyone be a "LAW ENFORCEMENT OFFICER" if they dont know the law?] DUH!
i do know some of what i say, i am a licensed “security office”
thank you Shawn, I am not an ESQ. and it makes me feel good when someone comes forward with that information, you sure as heck wont get it from the police! They know they doing wrong, what is it? IGNORANCE OF THE LAW IS NO EXCUSE? let me see, that doesnt apply if you happen to be a “law inforcement officer”? is is about time we take back control over who wears the badge or are we all going to attempt to live in a “police state”? Carlos, you have some homework to do about that fact, you were found to be guilty of “resisting arrest” when there was no “legal arrest”! I say the judge should be in prison for doing that, HE KNEW! he didnt get to be judge by being STUPID!
[i will leave with this, how may anyone be a "LAW ENFORCEMENT OFFICER" if they dont know the law?] DUH!
i do know some of what i say, i am a licensed “security officer”
Carlos, hopefully you should be able to get the resisting arrest charge overturned also. As A former police officer, I am appalled by some of the actions I see today of my former colleagues.
How do you resist arrest of an unlawful arrest? Second, the SCOTUS has ruled citizens may forcibly resist arrest if they are being arrested, or forced is being used against them falsely.
i do know a tad, but EG. the SCOTUS is what? seems it may be the supremes or something but i dont know. seems to me, the only ones that would lose in that situation would be the COPS if they werent damn sure of the arrest being legal! and an ESQ would not earn their money if they didnt challenge that everytime and force the state to show that the arrest was legal in the first place. EG-i was charged with CW (a stun gun) and having a handcuff key, (i have a security officers license-FLA.and i also had the pair of handcuffs on me at the same time of the arrest) and of course with resisting without violence.
your right about that, how the heck does a charge of resisting standup, (and the judge allowing it) when the arrest didnt? very funny judicial process to say indeed!
EG:
me bad, which case was that, that is what i really needed to ask. SCOTUS of course. a citation like that would i think help alot that are out there trying to deal with law enforcement that think this is the only way to do their jobs! which i happen to think is some bad thinking on their part!
(supreme court of the united states)
i have come close to being arrested for taking pictures and video of police in situations that would make them look bad. the most recent incident was 12/28/09 in miami after a concert at aaa. it looked like many cops were beating some guy. i was a good 30 feet away and a cop told me to leave or be arrested. it seems like when a police officer tells you to do something and you fail to do it you can be arrested for failure to obey. sure you might be right, but it is no fun to be arrested. i know from personal experience. it takes a long time to be processed. then you have to hire a lawyer and go to court. it is not worth it in my opinion.
redman,
Do you have any photos from that incident?
Cops are WAY out of control in AmeriKa. We are like a nazi state now, from 6 yr olds getting arrested in school, to tasering one’s genitals. What happened to protect and serve? I’m so glad you perform this service, it’s a necessary one. Perhaps the economy will force those “cops” to the other side as the recipient of their own bad behavior from other out of control cops.
Carlos,
I am checking out your blog for the first time. I find it interesting and informative. Have you looked into any legal recourse against the city as far as bringing your own suit?
I’m sure that you have seen this gem
http://www.boingboing.net/2010/02/24/mall-security-guard.html