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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums(DUer) Carlos Miller Arrested For Photographing Police Crack-Down on Occupy Miami
Last edited Mon Feb 6, 2012, 10:02 AM - Edit history (1)
<snip>
"Local journalist Carlos Miller has a blog called Photography is Not a Crime. Apparently Miami-Dade police officers are not avid readers.
County cops arrested Miller on Tuesday night as he was filming the Fuzz forcibly evacuating Occupy Miami protesters from Government Center downtown. But he says the police are the ones who messed up.
"They took a routine bullshit arrest and turned it into a huge constitutional violation and a possible federal lawsuit because they deleted my footage," Miller says. "They messed with the wrong reporter."
Miller says that the police were actually doing an admirable job clearing Government Center without violence. But when he asked a policewoman if he could move past a phalanx of officers in order to get to his car, he says all Hell broke loose."
http://blogs.miaminewtimes.com/riptide/2012/02/carlos_miller_arrested_for_pho.php
Blue_In_AK
(46,436 posts)They've messed with the wrong guy.
Clearly, the Miami Police Department has not learned Carlos Miller is not to be trifled with. One of the great ones...
tkmorris
(11,138 posts)Carlos is the real deal, and police suppression of photogs is his pet issue. This is SO gonna end up in court, and not the way the Miami cops are accustomed to either. I do wish he'd return to DU, he was one of the good ones.
Bozita
(26,955 posts)sakabatou
(42,174 posts)friendly_iconoclast
(15,333 posts)And unfortunately for her and her department, Carlos has managed to recover the video:
http://www.pixiq.com/article/miami-dade-cop-who-arrested-me-is-media-spokesperson
Jester Messiah
(4,711 posts)Too bad about that whole "cloud storage" thing, eh?
EFerrari
(163,986 posts)myrna minx
(22,772 posts)zonkers
(5,865 posts)friendly_iconoclast
(15,333 posts)Forensic software can then recover the files.
Which is why when you're disposing of storage media, you should either physically destroy it or do a low-level format and then overwrite it
multiple times with some innocuous files. Large numbers of public-domain text files from the Gutenberg Project work nicely...
zonkers
(5,865 posts)Ichingcarpenter
(36,988 posts)I hope he's still a member he is great.
DUer RagingInMiami WON the Sun Sentinel Best of Blogs!
Scurrilous
(38,687 posts)EFerrari
(163,986 posts)it might be helpful to send the link to @MotherJones, @democracynow, etc.
I hope those @ssholes didn't hurt him.
Festivito
(13,452 posts)EFerrari
(163,986 posts)surfdog
(624 posts)Snatching somebody for no reason is called kidnapping
If the police can't tell why they are snatching somebody then it's kidnapping flight for your fucking life
friendly_iconoclast
(15,333 posts)Last edited Tue Feb 7, 2012, 11:05 AM - Edit history (1)
The relevant statute:
http://www.law.cornell.edu/uscode/18/242.html
TITLE 18 > PART I > CHAPTER 13 > § 242
§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
http://www.fbi.gov/about-us/investigate/civilrights/color_of_law
Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the persons rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a persons property, which oversteps or misapplies the officials authority.
And seeing as the Justice Department told the Miami-Dade P.D. last month rather explicitly that photography and/or videography of their activities was
legal, well someone's will be in a heap o' trouble for this. and it won't be Carlos...
sarge43
(28,945 posts)tblue
(16,350 posts)Creeps.
EFerrari
(163,986 posts)suffragette
(12,232 posts)AlbertCat
(17,505 posts)A badge of honor....
If only the police went after white collar crime as vigorously.
Lisa0825
(14,487 posts)pinboy3niner
(53,339 posts)Number23
(24,544 posts)proud2BlibKansan
(96,793 posts)yardwork
(61,703 posts)Dawson Leery
(19,348 posts)Let the 1% pay their salaries.
William769
(55,147 posts)lpbk2713
(42,766 posts)" They messed with the wrong reporter. "
Kalidurga
(14,177 posts)good reminder of why I stay off mainstream message boards.
Norrin Radd
(4,959 posts)musicblind
(4,484 posts)If people only KNEW.
EFerrari
(163,986 posts)Tomorrow I'll take it over to Greg Mitchell's Occupy blog. I don't know if Thom or Keith might be interested.
ellisonz
(27,711 posts)Gotta love Maj. Perez - "A woman is being that hard on you, come on relax." Carlos: "You guys relax. I am relaxed."
truth2power
(8,219 posts)Metta
(5,822 posts)Renew Deal
(81,871 posts)I think he's been caught on the front lines before
EFerrari
(163,986 posts)Renew Deal
(81,871 posts)I'm not blaming him. He's had issues run-ins with cops before IIRC.
EFerrari
(163,986 posts)and then, they lied about it. He won that case.
I guess they still haven't learned their lesson. This story is now all over Twitter.
woo me with science
(32,139 posts)Thank you, Carlos.
avaistheone1
(14,626 posts)DisgustipatedinCA
(12,530 posts)Do any of the other oldtimers remember Carlos, aka Jiacinto? As I recall, he was really argumentative, but his heart was in the right place. Any chance Raging & Jiacinto are the same person? Thank you.