I am a Miami-based writer, reporter, photojournalist and videographer who operates Magic City Media, a company that offers writing, photography and video services (the website is going through a dramatic redesign, so please forgive its amateurish appearance.)
That site is not to be confused with Magic City Mania, which is another blog I recently launched.
I’ve been a professional journalist for more than ten years, spending the bulk of my career writing for daily newspapers in the Southwest, including The Arizona Republic, the San Bernardino Sun, the Tucson Citizen and the Las Cruces Sun-News.
 |
I’ve also been a freelance journalist in Europe, Arizona and New Mexico before returning to my hometown, Miami, and launching my company.
On February 20th, 2007, I was arrested by Miami police after taking photos of them against their wishes.
The incident occurred 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.
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.
Popularity: 6% [?]
Fernandez, as I mentioned in a
69 responses so far ↓
1 M // Apr 30, 2007 at 11:50 am
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.
2 Carlos Miller // Apr 30, 2007 at 12:01 pm
Ask permission? Should the guy who taped the Rodney King beating have “asked permission” before he started filming?
3 domweb // Apr 30, 2007 at 12:27 pm
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.
4 littlewhorphanjonny // Apr 30, 2007 at 12:58 pm
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.
5 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 […]
6 Mr.me // Apr 30, 2007 at 5:07 pm
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.
7 Carlos Miller // Apr 30, 2007 at 5:59 pm
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.
8 that guy // Apr 30, 2007 at 9:09 pm
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.
9 Habla Mierda // May 1, 2007 at 4:12 am
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.
10 Eddieguardo // May 1, 2007 at 10:19 am
Carlos is fighting for rights that most of you don’t even know you have.
11 Rod Sterling // May 2, 2007 at 4:25 pm
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.
12 Carlos Miller // May 2, 2007 at 4:45 pm
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.
13 Gabriel Lopez-Bernal // May 8, 2007 at 1:03 am
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
14 Carlos Miller // May 8, 2007 at 2:34 am
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.
15 C // May 8, 2007 at 11:31 am
No one has a right to privacy in the public realm, this has been established by legal precedent.
16 ScottinFlorida // May 12, 2007 at 10:27 pm
“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.
17 Joe Santilli // May 14, 2007 at 5:46 pm
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.
18 Bill Jones // Jul 3, 2007 at 4:40 pm
Carlos whats the word on your trial?
Can you give us any updates?
19 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 […]
20 WT // Aug 26, 2007 at 7:35 pm
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.
21 Amy G. // Oct 23, 2007 at 11:15 pm
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.
22 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 […]
23 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 […]
24 Keith Skinner // Jan 10, 2008 at 12:17 pm
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!
25 marion roberts // Jan 18, 2008 at 7:03 am
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
26 Carlos Miller // Jan 25, 2008 at 7:04 am
Marion,
I wish I had been there to take pictures myself. What did you do to deserve all that?
27 Kris Knights // Jan 30, 2008 at 12:26 am
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
28 Carlos Miller // Jan 30, 2008 at 12:39 am
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.
29 Kris Knights // Jan 30, 2008 at 12:58 am
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
30 Kris Knights // Jan 30, 2008 at 12:59 am
Marion,
That story was ridiculous and obviously greatly exaggerated. Nice try.
31 Carlos Miller // Jan 30, 2008 at 1:24 am
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.
32 OldProfessorBear // Feb 1, 2008 at 7:48 pm
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!
33 Carlos Miller // Feb 4, 2008 at 4:31 am
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
34 Ms. D // Mar 4, 2008 at 11:25 am
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.
35 Winter // Mar 20, 2008 at 11:44 am
Great idea blogging about it. Good luck, and best wishes.
36 Josh // Mar 27, 2008 at 5:39 am
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.
37 wally wombat // Mar 27, 2008 at 5:44 am
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.
38 Josh // Mar 27, 2008 at 5:49 am
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.
39 mark edward marchiafava // Mar 27, 2008 at 6:28 am
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.
40 Roland // Mar 27, 2008 at 8:12 am
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.
41 Bill // Mar 27, 2008 at 9:41 am
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.
42 Carlos Miller // Mar 27, 2008 at 11:32 am
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.
43 YOU KNOW WHO // Apr 1, 2008 at 3:46 am
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
44 Joe // Apr 2, 2008 at 12:52 am
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.
45 Joe // Apr 2, 2008 at 1:06 am
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.
46 AmericanPie // Apr 30, 2008 at 7:38 pm
Law Enforcement can’t handle Free Speech — and American can’t handle that truth
47 Maria // May 2, 2008 at 11:56 am
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
48 Rafael // May 16, 2008 at 8:46 am
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.
49 Todd // Jun 5, 2008 at 10:24 am
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!
50 Pat Riot // Jun 14, 2008 at 1:49 am
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.
51 Pat Riot // Jun 14, 2008 at 1:51 am
Oh and btw, nice photos!
52 nicole // Jun 19, 2008 at 6:44 am
wally and josh shut up.
have a nice day carlos& stay safe
you shouldn’t have gotten arrested in my opinion
53 Rebecca Lucente // Jun 19, 2008 at 9:17 am
TEAM CARLOS MILLER!
54 Whitney // Jun 20, 2008 at 9:58 am
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!
55 Marc Marshall // Jun 20, 2008 at 7:31 pm
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.
56 Dee // Jun 20, 2008 at 9:46 pm
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!
57 Rick // Jun 21, 2008 at 12:22 pm
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.
58 Mason Resnick // Jun 22, 2008 at 7:14 am
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.
59 Eric S. // Jun 22, 2008 at 3:00 pm
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…
60 Chris // Jun 23, 2008 at 7:52 am
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.
61 Killmon // Jun 23, 2008 at 6:37 pm
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.
62 J // Jun 30, 2008 at 9:11 pm
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.
63 Carlos Miller // Jun 30, 2008 at 9:20 pm
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.
64 jannx // Jul 1, 2008 at 12:00 am
You might want to check the resources at our flickr group “harassed photographer”
http://www.flickr.com/groups/leavemealone/discuss/72157600112017365/
65 Joe Dirte // Jul 3, 2008 at 1:18 am
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%
66 bill e rubin // Jul 4, 2008 at 9:09 pm
That’s why they are still called pigs.I ride a motorcycle and am never treated fairly.
67 Chris Owens // Jul 8, 2008 at 11:33 am
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.
68 Ginger // Jul 23, 2008 at 12:07 pm
Having been arrested myself during a test of first amendment rights in Greenfield, MA in December, and spending 6 months working my way through the district court system until the D.A. finally dismissed the case, I can empathize. One of my co-defendants was arrested and charged with Wiretapping, for filming the police department’s activities with a video camera! In MA, there is a statute prohibiting wiretapping unless police are pre-warned it is happening. Of course, when one is shouldering a huge professional video camera, one would think that’s enough “warning”. However, she was arrested, too. The strangleholds on free speech these days are frightening, but need to be continually tested. If we all become sheep and fear the police, we will just sit in our living rooms while the country unknowingly finds its constitutional rights going, going, gone.
69 Tony sk // Jul 23, 2008 at 12:45 pm
I am shocked at the stupidity of some of these responses stating you were wrong. These are the morons who have no idea of the nature of the Constitution and their rights.
The law says you can photograph anyone and anything which is on public property.
These idiots forget that “he who safrifices liberty for security loses both”
Leave a Comment