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Thu Nov 8, 2012, 08:40 PM

Jury says journalist arrested while videotaping police is not guilty

A jury acquitted a Florida photojournalist who was arrested on January 31 while documenting the eviction of Occupy Miami protesters. The police accused Carlos Miller, author of a popular blog about the rights of photojournalists, of disobeying a lawful police order to clear the area. But another journalist testified he had been standing nearby without incident.

After Miller's January arrest, the police confiscated his camera and deleted some of his footage, including video documenting his encounter with the police. That may prove to be an expensive mistake. Miller was able to recover the footage, which proved helpful in winning his acquittal. He says his next step will be to file a lawsuit charging that the deletion of the footage violated his constitutional rights.

Now that Miller doesn't have a jail sentence hanging over his head, he's planning to turn the tables on the Miami-Dade Police Department. He plans to file a lawsuit arguing the deletion of his footage by the police violated his constitutional rights.

According to Miller, such incidents are disturbingly common around the country. As camera-equipped cell phones have proliferated, ordinary Americans have increasingly used the devices to document how police officers do their jobs. And he said he heard of numerous incidents in which the police confiscate these devices and delete potentially embarrassing footage.

More: http://arstechnica.com/tech-policy/2012/11/jury-says-journalist-arrested-while-videotaping-police-is-not-guilty/

I know I posted on this yesterday, however this is the first full story posted on the proceedings.

24 replies, 1267 views

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Arrow 24 replies Author Time Post
Reply Jury says journalist arrested while videotaping police is not guilty (Original post)
Earth_First Nov 2012 OP
TahitiNut Nov 2012 #1
Earth_First Nov 2012 #2
PA Democrat Nov 2012 #3
Earth_First Nov 2012 #5
PA Democrat Nov 2012 #7
Dyedinthewoolliberal Nov 2012 #4
A HERETIC I AM Nov 2012 #8
Dyedinthewoolliberal Nov 2012 #18
A HERETIC I AM Nov 2012 #23
duhneece Nov 2012 #17
HooptieWagon Nov 2012 #6
ProgressiveProfessor Nov 2012 #12
niyad Nov 2012 #9
Ikonoklast Nov 2012 #10
MattBaggins Nov 2012 #11
Ya Basta Nov 2012 #20
forestpath Nov 2012 #13
ManiacJoe Nov 2012 #14
Ya Basta Nov 2012 #22
DCKit Nov 2012 #15
argiel1234 Nov 2012 #16
eomer Nov 2012 #19
jsr Nov 2012 #21
drm604 Nov 2012 #24

Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:42 PM

1. He's a DUer.

At least he was.

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Response to TahitiNut (Reply #1)

Thu Nov 8, 2012, 08:42 PM

2. Yes, RaginInMiami...

Hasn't posted in some time...

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:44 PM

3. Anyone remember his DU screen name?

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Response to PA Democrat (Reply #3)

Thu Nov 8, 2012, 08:44 PM

5. See above:

RagingInMiami

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Response to Earth_First (Reply #5)

Thu Nov 8, 2012, 08:47 PM

7. Thanks!

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:44 PM

4. Personally

I think if everyone had a digital recording device and used it to monitor public servants the brutalization (when it occurs) would stop. Face it, we all know we act different when we know we're being observed. It's human nature.....

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Response to Dyedinthewoolliberal (Reply #4)

Thu Nov 8, 2012, 08:50 PM

8. No it wouldn't

How many videos of police brutality have you seen taken by the dash camera in a police car?

The cop that has the predilection to do such things doesn't give a damn that he is being recorded, any more than a murderer fears the gas chamber.

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Response to A HERETIC I AM (Reply #8)

Thu Nov 8, 2012, 11:02 PM

18. I've not seen many from the dash camera

I'm not saying there aren't I've just not seen them.

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Response to Dyedinthewoolliberal (Reply #18)

Fri Nov 9, 2012, 07:30 AM

23. YouTube.

Dozens of them.

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Response to Dyedinthewoolliberal (Reply #4)

Thu Nov 8, 2012, 09:45 PM

17. That's what I want, too

I want a reversal of 'big brother' whereby we film & observe law enforcement all the time.

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:46 PM

6. Why isn't deleting video considered evidence tampering?

Seems to me these cops are guilty of several felonies. Hope the guy wins his lawsuit, with additional punitive damages.

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Response to HooptieWagon (Reply #6)

Thu Nov 8, 2012, 09:27 PM

12. It is and the judge was not pleased. However the AG has proprietorial discretion

and it would be quite to show who pushed the erase button.

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:52 PM

9. the more attention this gets, the better. I remember when this happened--typical thug behaviour

on the part of the police (who forget they are part of the 99%, not the 1%)

I hope he gets MILLIONS--maybe the police will get their collective heads out of their asses and realize who they SHOULD be working for.

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:52 PM

10. If the police are not breaking any law, why are they so afraid of being video recorded?

A rational person would think that they would welcome such evidence of them doing their jobs in accordance with the law, and absolve them of any wrong-doing.

Funny how they seem to like to video suspected criminals, but hate it when the tables are turned.

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 08:53 PM

11. Deleted footage is worse than that

They tampered with evidence

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Response to MattBaggins (Reply #11)

Fri Nov 9, 2012, 07:18 AM

20. That was my first thought as well

 

They should be charged with evidence tampering. Isn't that a felony?

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 09:36 PM

13. I hope he takes them to the cleaners.

 

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 09:36 PM

14. The Florida police seem to be slow learners.

Every time they pull this crap against Miller, they first lose the criminal case, then they lose the civil case which costs them more money.

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Response to ManiacJoe (Reply #14)

Fri Nov 9, 2012, 07:27 AM

22. I think they are just not concerned.

 

I think they are intentionally miss using their police powers to harass and cost journalists they dislike legal fees, especially since it costs themselves nothing and they never get anything worse than some paid time off. The justice system is broke.

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 09:39 PM

15. You can post it again tomorrow, and I'll rec it again.

 

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Response to Earth_First (Original post)

Thu Nov 8, 2012, 09:40 PM

16. kick

 

and recommend

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Response to Earth_First (Original post)

Fri Nov 9, 2012, 07:03 AM

19. Here is Carlos Miller's website:

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Response to Earth_First (Original post)

Fri Nov 9, 2012, 07:24 AM

21. Recommended

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Response to Earth_First (Original post)

Fri Nov 9, 2012, 07:34 AM

24. When recording police misconduct

use an app that automatically uploads video to a server in real time. That way deleting it from the phone won't work.

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