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Then I was arrested and beat up by police Tuesday after photographing them against their wishes

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RagingInMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 01:04 AM
Original message
Then I was arrested and beat up by police Tuesday after photographing them against their wishes
I ended up spending 16 hours in the Miami-Dade County Jail, a rat-infested institution that is more Abu Ghraib than American Grade.

The incident took place Tuesday night after leaving the media circus in Fort Lauderdale and driving down to Miami to continue working on a journalitic project about the ongoing transition affecting Biscayne Blvd. This wasn't for People Magazine, but my heart was at least into this project.

For years, Biscayne Blvd was known as a seedy motel strip where pimps, prostitutes and peddlers would rule the streets. But lately, several trendy shops and restaurant have started businesses there as well as many urbanites moving to the area.

So I'm very exciting about this story because it has a lot of different elements to it.

Anyway, on Tuesday night, I parked in my usual spot and was having a cell phone conversation with my editor on this story, informing her of all the progress I had done so far. She seemed very excited about it and told me she couldn't wait to read it.

I hung up the phone when I noticed five cops surrounding a man, threatening him with arrest. They were standing in a gravel area between the road and the sidewalk and I was standing on the gravel as well, but I was about 20 yards from them. The gravel area is part of the expansion construction that has been ongoing on the Blvd. One day, it will be open to all cars, but now, it is off-limit to cars.

One of the cops told me to keep walking because this was a "private matter".
I said that I will not keep walking because this is a "public street".
Within seconds, the five officer left the first man alone and came after me. One cop escorted me across the road. As I stood on the sidewalk on the opposite side of the road, the cops began surrounding me, which was when I shot several more shots.

That was when they slammed me against the pavement even though I offered no resistance, causing a deep abrasion on my right knee. One officer grabbed me by the back of the head and repeatedly bashed my forehead against the sidewalk, causing abrasions and swelling to the right side of my forehead.

Another officer grabbed my right hand and bent it backwards in a 90 degree angle, causing me to scream out in pain and continuing to do so even after the handcuffs were placed on me. As I verbally protested, one officer threatened me with a taser gun if I did not stop talking.

The officers charged me with five counts of disobeying a police, one count of obstructing justice, one count of obstructing traffic, one count of disorderly conduct and one count of resisting arrest without violence.

On the arrest affidavit, the officers lied several times in order to justify their arrest. They accused me of photographing them without identifying myself, which is not true (and not even against the law as far as I know). As soon as one of the officers questioned me about taking photos, I immediately identified myself by name and profession.

Then they accused me of stating that “I can do whatever the hell I want” when I said no such thing. I remained professional throughout the entire incident, even as I tried to remind them that I had a full legal right to photograph them.

And they accused me of standing in the middle of Biscayne Blvd while I was taking photos, obstructing traffic, which is why they had to arrest me. This is not true, as I would have been struck by a car within seconds. In fact, one of the photographs I took as they approached me clearly shows that Biscayne Blvd is behind them.




It is obvious that they arrested me because they did not appreciate me taking their photos. This is a clear violation of my First Amendment rights.

I plan on suing the Miami Police Department for false arrest, excessive force, damage to my equipment (so far, my $400 flash is destroyed)and medical expenses incurred since being released from jail, as I had to go to the doctor to make sure no bones were broken as they hurt like hell. I am also going in for a head scan on Monday because the swelling on my forehead has the doctor worried that it may cause internal bleeding.

This is just the beginning, so I will keep everybody in the loop as it expands.



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JeffR Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 01:12 AM
Response to Original message
1. Good Lord, Carlos
Hope you're OK. And I'm glad I left Miami many years before the cops there took their cue from the ones in LA.

Take care of yourself.

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intheflow Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 01:14 AM
Response to Original message
2. Holy shit, Raging!
It's not only a violation of your First Amendment rights, but also a violation of your civil/human rights. Police brutality is illegal even if you had done something to provoke them (which of course you hadn't).

You're lucky your camera didn't break. You did turn it on yourself to document your injuries, right?
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Blue_In_AK Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 01:56 AM
Response to Original message
3. Good God, Raging
This is terrible. Please be careful out there.
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CC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 02:08 AM
Response to Original message
4. Blue put it best
so I second it. Sounds like you are doing what you can though and you are smart enough and determined enough to make them pay for picking on the wrong person.


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Eurobabe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 02:14 AM
Response to Original message
5. Welcome to the World of Bushler
Excessive force? Yeah. Sue their asses!
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regnaD kciN Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-25-07 02:08 AM
Response to Reply #5
17. While "suing their asses" might be a fitting long-term response...
...right now, Raging is now facing ten criminal charges. :scared:

Carlos, do you have legal representation (that is being paid for)? Or are we going to need to think about organizing a Legal Defense Fund here on DU?

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RagingInMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-25-07 08:38 AM
Response to Reply #17
18. On Friday, I e-mailed my account to the Miami ACLU
Edited on Sun Feb-25-07 09:08 AM by RagingInMiami
Where I am a dues-paying member who carries a card in my wallet and drives around with an ACLU sticker that says, "I will not give up my freedoms!" They still haven't gotten back to me but I imagine they will sometime this week. I'm hoping they will take this case without me having to pay.

Another journalist friend of mine down here is good friends with a high-profile criminal lawyer down here and is sending the report his way. My friend is a lawyer herself (not licensed in Florida) who believes he will jump at this case.

Another friend of mine down here, Al Crespo, an internationally renowned photojournalist known for his coverage of protests, went through a similar situation a few years ago when the LAPD shot him and other photojournalists with rubber bullets. The
ACLU sued on their behalf and they won.

I talked to him about this on Thursday and he is in my corner. He said the main thing I need to do is get as much media coverage as possible.

Meanwhile, my editor and one of the owners of www.category305.com (the site I was on assignment for that night), who is an award-winning journalist in Miami, will be requesting all the police reports and will be writing a story about the incident this week.

We're hoping this will end up on one of the many national journalism insider websites, which would eventually generate even more media coverage.

I have another friend who is a senior editor at MSNBC who sent Keith Olberman an e-mail, personally requesting that he look into the matter.

A DUer I've met a few times, who is assistant editor of a publication in Ft. Lauderdale, sent me a PM saying he will try to get some my case some coverage as well.

So right now, I'm basically gathering my allies. The cops may have the power and authority, the badges and guns, but I have the media. A former editor once told me (during a huge legal fight against a New Mexico sheriff's office which was refusing to release the names of juveniles, which was public record according to NM law): "You'll never win a battle against those who buy ink by the barrel."

We may be a competitive bunch, but when it comes to matters like this, you'd be surprised how quickly we stick together.

I will keep you posted.
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priller Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 09:04 AM
Response to Original message
6. Jesus, what has happened to this country.
That is just ridiculous. They definitely didn't want you photographing their harrassment. Yeah, sue their asses off! I'll be very interested to hear how it turns out.

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blueraven95 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 09:14 AM
Response to Original message
7. oh my god.
please let us know if there is anything we can do.
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Duppers Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 09:18 AM
Response to Original message
8. please cross post this in GD
It can get more atttention there.
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jarnocan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 09:43 AM
Response to Original message
9. wierd but not unheard of... I like taking pics of police-nice ones and protest arrests nt
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soup Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 10:03 AM
Response to Original message
10. outrageous.
Simply fuckin' outrageous. And that is one terrifying photo, especially the cop on the far right, reaching for ? .

I hope your scans turn out okay. Take care of yourself.



Butcher For Hire
David Rovics

If you wanna have a protest in the USA
You wanna speak your mind in the American Way
If there are some rich white men with whom you disagree
And thought you have the right of assembly
There's a man that you should know
'Cause he will follow you wherever you go

(Chorus)
John Timoney, butcher for hire
He's a brutal thug and a dirty liar
He's a cop among cops, a man among men
And, oh my God, he's back again
http://www.soundclick.com/pro/view/01/default.cfm?bandid=111310&content=lyrics&songid=1124863
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 06:24 PM
Response to Original message
11. I Hope You're Feeling Okay
Give 'em hell, and in the meantime, get some official-looking press credentials.
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Maestro Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-23-07 08:29 PM
Response to Original message
12. Disgusting!
Pieces of shit police. I happen to work with some good ones in my area but there are plenty of bad ones on ego trips to go around!
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electricmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-24-07 02:04 AM
Response to Original message
13. After reading the GD thread I'll say
that I've never used the Ignore function here but I think I've found a couple candidates for it.

Hope your injuries heal up fast and good luck fighting the bastards.
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ptvet Donating Member (215 posts) Send PM | Profile | Ignore Sat Feb-24-07 02:52 AM
Response to Original message
14. Good luck Raging
I've had a few run in's myself, it's pretty tense out there...
Get well, then take care of business!
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uppityperson Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-24-07 01:59 PM
Response to Original message
15. Glad to find this topic here too, hope you are doing ok
Please post back and let everyone know how you are doing. I am glad to find this here too because GD one is just too much. Best to you.
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brainshrub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-24-07 03:54 PM
Response to Original message
16. Here's my experience with Mall Security.
http://www.brainshrub.com/mall-security-gone-wild

I didn't get beaten 'tho.

My guess is that the reason the police and rent-a-cops are so touchy about pictures is because they enjoy the power of being able to watch, without you being able to do the same.
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