Monthly archives: May 2012

May 31st, 2012

Jacksonville Deputy Tries his Hardest to Intimidate PINAC Reader over Camera 0

By Carlos Miller

  

PINAC reader Jeff Gray once again shows us how to deal with law enforcement officers who don’t like to be video recorded.

The Florida resident, who was arrested in April, was driving in Jacksonville when he came upon a speed trap, so he started flashing his high beams to warn other drivers.

That, of course, got him pulled over, even though he had his cruise control set to 70 mph, which is the speed limit in that area.

Jacksonville Sheriff’s deputy Ernesto Valerio asked for his license, then ordered him to put the camera down at about four minutes into the video.

Gray refused to put the camera down, prompting a power play exchange between himself and Valerio.

“Am I being detained or am I free to go?” Gray asks.

“You’re free to go,” Valerio responds, but still holding onto Gray’s license.

When Gray makes it clear that he is not going to stop recording, Valerio walks away with his license, leaving Gray sitting there for another five minutes.

“I just remembered about something else, so I need to check one more thing, so whenever you want to leave, you let me know,” Valerio said before walking away.

Finally he returns and hands him back his license, allowing Gray to drive away.

The video shows us the techniques police use to intimidate citizens from recording them, which reminded me of an exchange I had with a plainclothes cop from the Miami-Dade Police Department’s Homeland Security Bureau back in 2010 who was checking to see if I was on the terrorist watch list because I dared take pictures of a train.

That incident begins at four minutes in this video.

Gray, who goes by HONORYOUROATH on PINAC, has several videos on his Youtube channel educating police about the right for citizens to record them in public, including this one from January.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

 

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

May 31st, 2012

U.S. Secret Service Agent Caught on Camera in Road Rage Incident 0

By Carlos Miller

Just as the U.S. Secret Service was getting over the international prostitution scandal from April, another agent was caught on video in a case of road rage this week.

The agent, who has not been identified, was speeding down a North Carolina freeway in an apparent altercation with another driver as a third driver video recorded the incident.

Driving an unmarked Dodge Charger, the agent pulled in front of an SUV and slammed on the brakes. Then when the driver of the SUV attempted to drive past him, the agent switched on his blue lights in his front grills as if to pull him over.

The SUV pulled to the side of the road as the agent sped past him, thinking he had taught that driver a lesson.

The man who recorded the incident sent the video to WCNC, which determined that the license plate lead to the Secret Service.

Special Agent in Charge, Russ Nelson, of the Secret Service office in Charlotte said, “The employee was working on duty in an official capacity in a US Secret Service vehicle at the time of the incident.”

Nelson said they’re investigating the incident and have placed the agent on paid leave until the issue is resolved.

Yesterday, a retired Secret Service agent was arrested in South Carolina for plotting to kidnap a judge.

James Bartee, a 54-year-old running for sheriff in Oconee County, was arrested on Wednesday and charged with solicitation to commit a felony after authorities said he tried to pay someone to abduct former judge James Williams Jr., who is trying to get Bartee removed from the ballot for sheriff.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

May 29th, 2012

Michigan Cop to Citizen: "You do have the Constitutional right to not videotape that.” 0

By Carlos Miller

A Michigan police officer was caught on video lying about his authority to confiscate a camera as evidence.

The Waterford police officer approached the citizen who was recording the aftermath of a police pursuit turned traffic collision involving serious injuries and said:

“You have two choices. You can either turn it off or I’m going to take it as evidence.”

When the citizen asserted his Constitutional right to continue video recording, the cop said,  “You do have the Constitutional right to not videotape that.”

Police officers only have the legal authority to confiscate a camera under “exigent circumstances.” Otherwise, they must obtain a subpoena.

For example, a citizen who captures a murder on camera, then acts as if he is going to disappear with that evidence could be considered exigent circumstances. Even then, a police officer must make a sincere attempt in obtaining that footage without have to resort to outright confiscating it.

That obviously was not the case here. It’s most likely they did not want footage of the victim being published considering she ended up injured as a result of a police pursuit.

It is not clear from the video if she was the one they were pursuing or just somebody who happened to be at the wrong place at the wrong time.

This is how the videographer explains it in his Youtube description:

Waterford police officer was in pursuit of a Sport bike Motorcycle for speeding. I was driving by and saw the commotion and decided to check it out. Was told i couldn’t film. Also was told my Constitution don’t allow me to film and said he is allowed to take my camera. I am appalled by how the the bystanders acted like i was in the wrong for filming. What is the difference between them all standing there and me standing there filming and the news chopper flying over and filming hmmmmm? nothing! There were others recording with there phones and was told to shut em off by the Waterford Police from what i heard.

And here is an excerpt from the U.S. Department of Justice’s guidelines recently issued to the Baltimore Police Department:

Policies on individuals’ right to record and observe police should provide officers with clear guidance on the limited circumstances under which it may be permissible to seize recordings and recording devices.  An officer’s response to an individual’s recording often implicates both the First and Fourth Amendment, so it’s particularly important that a general order is consistent with basic search and seizure principles.  A general order should provide officers with guidance on how to lawfully seek an individual’s consent to review photographs or recordings and the types of circumstances that do—and do not—provide exigent circumstances to seize recording devices, the permissible length of such a seizure, and the prohibition against warrantless searches once a device has been seized.  Moreover, this guidance must reflect the special protection afforded to First Amendment materials.  


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

May 29th, 2012

Washington Cop Threatens to Arrest Man for Video Recording Him During Traffic Stop 0

By Carlos Miller

Redmond police officer William Corson is the latest cop to try to intimidate a citizen from recording him in public, threatening the mail with jail if he continued recording.

Corson told the man he was committing a misdemeanor but there’s nothing in the Washington statutes that suggests it is crime to record police in public. The state’s wiretapping law makes it a crime to record people without their consent if they have an expectation of privacy.

The citizen knew his rights but didn’t want to go to jail, so he turned the camera off.

That was when Corson became even more unprofessional

This is how the citizen explained it on Reddit:

After I stopped recording, the officer was argumentative, disrespectful, and gave me a warning for breaking two laws that did not apply (more below). In fact, the officer originally wasn’t going to tell me what laws I had allegedly violated and I had to press him for him to even write it on my warning citation. My drivers license was also demanded (again after I protested), even though I was not operating a motor vehicle.

Thanks to the City of Redmond’s website, we are provided contact info for Corson.

Email him at bcorson@redmond.gov or call him at (425) 556-2534. Be professional.

I’m thinking we should probably send him the 11-page guidelines the U.S. Department of Justice sent to the Baltimore Police Department regarding this same issue.

The guidelines, which apply to all police departments in the country, state the following:

Because recording police officers in the public discharge of their duties is protected by the First Amendment, policies should prohibit interference with recording of police activities except in narrowly circumscribed situations. More particularly, policies should instruct officers that, except under limited circumstances, officers must not search or seize a camera or recording device without a warrant. In addition, policies should prohibit more subtle actions that may nonetheless infringe upon individuals’ First Amendment rights. Officers should be advised not to threaten, intimidate, or otherwise discourage an individual from recording police officer enforcement activities or intentionally block or obstruct cameras or recording devices.


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested. I did not pay for this transplant, which is why I’m promoting the doctor through the hair transplant blog.

May 28th, 2012

Washington Cop Threatens to Arrest Man Recording him at traffic stop 0

By Carlos Miller

Redmon police officer William Corson is the latest cop to try to intimidate a citizen from recording him, threatening him with jail if he continued recording.

Perhaps Corson was referring to the state’s wiretapping law but that only applies when people do not have an expectation of privacy.

The citizen knew his rights but didn’t want to go to jail, so he turned the camera off.

That was when Corson became even more unprofessional

This is how the citizen explained it on Reddit:

After I stopped recording, the officer was argumentative, disrespectful, and gave me a warning for breaking two laws that did not apply (more below). In fact, the officer originally wasn’t going to tell me what laws I had allegedly violated and I had to press him for him to even write it on my warning citation. My drivers license was also demanded (again after I protested), even though I was not operating a motor vehicle.

Thanks to the City of Redmond’s website, we are provided contact info for Corson. I’m thinking we should probably send him the 11-page guidelines the U.S. Department of Justice sent to the Baltimore Police Department regarding this same issue.


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

CARLOS MILLER’S LEGAL DEFENSE FUND

I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

So if you would like to contribute, please click on the “donate” button below and contribute whatever you can afford.

You can also contribute to my Legal Defense Fund by purchasing a photographer rights lens cloth and/or laminated card to wear around your neck like a press badge through Zap Rag.Please write “carlos3″ in the comments section of the Paypal transaction to ensure I receive a portion of the sale.

 Hair Transplant 

Also, in an unrelated PINAC matter, I recently went through a hair transplant operation and I’m documenting my recovery on this blog if you are interested.

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