January 21st, 2013

I was Attacked by Miami-Dade Metrorail Security Guards for Taking Photos and Shooting Video 164

By Carlos Miller

 

I was attacked, choked, suffocated and handcuffed by 50 State security guards for shooting video on the Miami-Dade Metrorail Sunday night, escalating a pending state lawsuit into a possible federal suit.

As you will see in the above video, they tried to push me down the escalator and I shoved back in order to defend myself, which prompted at least three security guards to pounce on me, including one security guard named R. Myers who violently choked me to the point where I thought I was going to die.

I was video recording on my iPhone and my friend was recording on his camera. Both of us ended up handcuffed and detained until City of Miami and Miami-Dade police arrived, both who knew right away who I was.

We were released an hour later with a $100 citation accusing us of “producing loud or excessive noise,” which is a lie.

My friend, who is visiting from California, was taking a picture of the Dade County Courthouse as we were waiting for the southbound train to go back to my place.

I was taking a photo of him, taking a photo of the building for possibly uploading to Facebook. We were joking that it probably looked real gay, me kneeling in front of him as he took a photo.

I was taking a photo of my friend taking a photo of the Dade County Courthouse from the platform of the Miami-Dade Metrorail Government Center when we were ordered to stop through a loudspeaker.

 

 

The photo my friend was taking

 

We were not yelling or making any kind of noise.

A 50 State security guard announced on the loudspeaker to stop taking photos. He then came out to confront us. I switched my iPhone to video record and walked up to him.

He said it was illegal to photograph the rail portion of the train, which, of course, is complete hogwash. He then accused me of being drunk. I had three drinks in two hours while watching football and I am not a lightweight.

They then told me I had to leave the Metrorail because I was drunk and I refused because I had not done anything illegal. I just wanted to take the train home.

And I wasn’t drunk. He didn’t notice I had been drinking until he got close to me and he smelled something.

But as they started crowding me, I started walking towards the escalator.

At the top of the escalator, one of them shoved me hard as if to push me down the escalator, which is when I shoved back.

Then three of them piled on top of me, including one choking me where I couldn’t even breathe, leaving me gasping for air.

When R. Myer walked up to us, I was hoping he would de-escalate the situation but he escalated completely.

He is a tall black man who wears a USMC logo on his name badge. He was the one choking me. He wouldn’t have hesitated to kill me.

I can only imagine how many complaints he has had against him.

Surprisingly, they returned my phone and my friend’s camera to me as I was handcuffed, placing them in my pockets.

Miami-Dade police officer Luis Fernandez, who is familiar with this blog and agreed that  Nancy Perez made a horrible witness, even made it a point to say they didn’t delete my footage.

Below is a video of my injuries. I am in a lot of pain right now. I would like to visit a hospital but I am way too tired and I don’t have insurance anyway.

I have a history of getting assaulted and harassed by 50 State which is why I’m already suing them. But it’s never been as bad as this one.

Here is my friend’s account of the incident:

It’s tough to stand up for your constitutional rights. And it’s tough to stand up to authority.

I’m glad I have Carlos to do it for me – and that’s why I support him.

When I told people I was going to Miami to visit Carlos, one of my dearest friends, people joked about not bailing me out.

But I didn’t think twice when Carlos suggested taking the Metrorail after watching the Ravens game. And what’s the worst that could happen when at the Government Center station we walked to the end of the platform to take a photo of the art deco courthouse.

Things changed so quickly. A voice on the PA said something about stop taking pictures and a couple of security guards came. They immediately said we couldn’t take pictures of the rail and we had to leave. After some tense back and forth, Carlos slowly made his way to the escalator. Then the guards shoved him and started to try to put the cuffs on – as he stepped on to the escalator. They all tumbled to the metal steps toward me. Gutierrez stopped helping subdue Carlos, inexplicably to grab my camera. He knocked it out of my hands and it turned off. But I grabbed it and turned it back on to capture Myers with Carlos in a choke hold, Carlos’ shirt was ripped and his shoes were off.

Soon I was handcuffed and so was Carlos. I had never been in handcuffs before – and though the guards and the police were gentle with me – the cuffs still bruised my wrists and strained my back. I was really afraid of what was going to happen – and I was barely involved. But I felt guilty for just being there with Carlos. I felt guilty for taking photos in a public place in the land of the free and the home of the brave. And I was scared because I had been a witness to what happened – abuse of power under the color of the law. In the end, Carlos was assaulted – not because he broke any laws – but because he didn’t do what he was told. As if we were in an Eastern Bloc country during the Cold War.

When Perez finally heard the name of the founder of PhotographyIsNotaCrime.com, he repeated it like cuss words – “Carlos Miller.”

Of course they didn’t cite us for the crime of photography. Not for intoxication (which we weren’t) or even trespassing. But after more than an hour in cuffs, the Miami-Dade officers argued about the charge (speaking in Spanish sometimes) until deciding that we would be charged with being loud.

 

 

 


Send stories, tips and videos to Carlos Miller.
  • http://www.facebook.com/joel.chandler.311 Joel Chandler

    Carlos,

    Please don’t hesitate to let me know if there is anything I can do to help.

    • steveo

      Carlos should title this clip “Highway to the Danger Zone”.

  • John B

    You can’t travel on a train if you are drunk?
    How is one suppose to travel?

    • http://www.facebook.com/mik.cee.7 Mik Cee

      How about undrunk?

      • Jonathan Corbett

        How about, “no?” He was not arrested for being drunk. He was arrested for exercising his first amendment rights.

      • Mike Watt

        Then why on Earth would there be public places of drinking to which people must travel? A lot of people like to drink alone, which means they need a way to return home. As long as they aren’t putting anyone at risk, why shouldn’t they be allowed to travel by train? A drunk person has just as much chance to be dangerous and/or an asshole as a sober person.

        • steveo

          In Jernigan v. State,
          566 So. 2d 39 (Fla. 1st DCA 1990), The First District Court of Appeal of Florida reversed, holding that, in prosecutions for disorderly intoxication, the State must prove not only that a person is intoxicated but that the public safety is endangered. The Court made no distinction between charges involving the consumption of beverages and charges where the defendant was merely intoxicated.

      • Difdi

        So he should have driven his own car instead of taking the train?

    • steveo

      In Florida, it is not illegal to be intoxicated in public. That statute was changed years ago to derail such events like this. The statute was changed to disorderly intoxication. The individual has to cause enough of a spectacle to cause a threat to public safety. There was no threat to public safety here, only the threat to Carlos and his friend perpetrated by the guards.

      Leos were constantly arresting people (mostly black and brown) for public intoxication even though the suspect was totally sober because there was/ and is no requirement in the statute for the Leo to use any scientific measurement, so Leo knew they could get away with this charge, but now they have to prove that the suspect was a threat to public safety. Also, because this is a misdemeanor, Leo has to witness the threat to public safety and can’t use hearsay to support the probable cause. Security guards have a bit more authority than a citizen, but less than a bartender. They are allowed to detain a “suspect” long enough for Leo to arrive, just like in a shoplifting beef.

  • http://stonesoupstation.blogspot.com Steven

    I often hear and see that ridiculous “Freedom isn’t free” slogan on bumper stickers and spewing forth from the mouths of politicians behind a desk somewhere while they send our kids off to die for them. But I think your recent assault and battery, coupled with your attempted murder “under the color of authority” provides a real example to the oft-misused slogan.

    Carlos, you are a damned hero, braver than most, and continually placing yourself into harm’s way in order to exercise your rights while continually holding those who would trample them accountable in a way that leaves no ambiguity.

    Thank you for your advocacy and your fearlessness, Sir. I am privileged to know you through your work and cannot tell you how much I appreciate what you do for all of us.

  • http://www.facebook.com/people/Guerrilla-Lawfare/100001874714894 Guerrilla Lawfare

    I would like to know the status of these 50 state security officers? are they sworn officers working for a political subdivision of the State? If not they have to witness a crime and “swear a complaint” much like in a shoplifting incident. Absent a crime committed by you and your friend, crime the only thing the Miami Police could do is arrest those thugs for Felony assault, and kidnapping!

  • http://www.facebook.com/people/Jim-Winters/710673545 Jim Winters
  • YourTaxDollarsAtWork

    Unfortunately, I think you may have real problems this time Carlos. The state will claim some type of “probable cause” to remove you from the facility due to the odor of alchohol and you touched them. In most states it has been codefied that you simply cannot protect yourself from assualt from police in ANY way for ANY reason, including self defense. I suspect the full force of the state will be brought to bear to punish you for being free.

    • sfmc98

      The state will claim some type of “probable cause” to remove you from the facility due to the odor of alchohol

      There’s nothing illegal about having the odor of alcohol on one’s breath. I just checked and no Miami-Dade transit rules even prohibit this. In fact, he wasn’t charged with being intoxicated. The clear reason he was approached was because of the filming.

      in most states it has been codefied that you simply cannot protect yourself from assualt from police in ANY way for ANY reason

      This isn’t true. The Supreme Court ruled in John Bad Elk v. US that a person doesn’t lose the right to self-defense because the other person is a police officer. Regardless of that, these guys aren’t cops. They are private security.

      And even if you still believe that Carlos “has a problem” how do you explain the arrest of his friend who no one can claim did anything wrong whatsoever?

      • Derped

        John Bad Elk is a case from 1900. While that case does stand for the proposition that one may use force to resist and unlawful arrest (inapplicable in this situation since the gentleman in the video was not under arrest), it has been superseded by statute and is no longer good law.

        Perhaps you should avoid giving legal advice on the internet when you don’t know what you’re talking about. See Florida Statutes Annotated § 776.051.

        • sfmc98

          Wow, tone down the arrogance, especially when you are actually the one who doesn’t know what you’re talking about.

          The fact that it is old is irrelevant if it hasn’t been overturned. And since when can a United States Supreme Court decision can’t be “superseded” by state law? That’s not the way it works.

          Especially wonderful that you mentioned FSA 776.051. The perfect example that illustrates my argument. The text of the statute doesn’t allow force in resisting a law enforcement officer performing “a legal duty”. However, a legal duty does not include excessive force or unlawful arrest.

          The Florida Supreme Court agrees. In fact, in the Court’s jury instructions for a defense of Justifiable Use of Deadly Force (3.6(f)) explicitly state this:

          Force in resisting a law enforcement officer § 776.051(1), Fla. Stat.
          A person is not justified in using force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.

          Give if applicable.
          However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] (or another), but only to the extent [he] [she] reasonably believes such force is necessary. See § 776.012, Fla. Stat.; Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981); Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985).

          My original statement on this is completely correct: It is not true that “most states” don’t allow self defense against cops. And despite your misinformation, that includes Florida.

          • http://twitter.com/patrickhenry2nd Patrick Henry,The2nd

            And there is also the fact that these guys AREN’T law enforcement officers!

        • Difdi

          How, precisely, does a ruling on the Fourth Amendment get superseded by a statute?

          • ExCop-LawStudent

            The case wasn’t based on the Fourth Amendment, it was based on federal common law, which can be changed by statute.

            The case dealt solely with federal authority on federal lands (Indian reservation) where Elk was a tribal police officer who resisted unlawful arrest by another tribal police officer. Basically someone told the officer who was killed and several others to go arrest Elk. Elk’s position was that the other officer went for his gun while trying to make the arrest, so he shot him. SCOTUS noted that federal common law allowed one to resist an unlawful arrest, and if the jury so found, it would justify reducing the murder charge to manslaughter, IIRC.

            Federal common law is not binding on the states, so all Florida (and Texas and most other states) had to do is pass a statute stating it is a crime to resist arrest, whether it is an unlawful arrest or not.

            Another case that is often cited (incorrectly) on the internet is Plummer v. State, 34 N.E. 968 (1893). The internet position is that it states that common law allows one to resist an unlawful arrest up to the point of taking the officer’s life. In reality, it said nothing of the kind. The officer, whom the court assumed had legal authority to make the arrest, used excessive force by striking Plummer with a nightstick and then shooting at him. Plummer returned fire, more accurately, and killed the officer. The court stated that common law allows for self-defense against the officer’s unprovoked use of excessive force.

          • Difdi

            Ok, I looked it up, and you’re right, the ruling was on common law.

            However, the fourth amendment might still apply, given how it defines when an arrest might be made. If an arrest is not lawful, then it is not an arrest.

          • steveo

            I’m not sure why some people are enamoured with using violence against authority. An activist can get so much more traction with non-violent peaceful protest, than they ever could with violent retaliation. Non-violent peaceful protest coupled with the newsgathering activities of the freedom of the press through active recording. Nothing could be better.

          • Difdi

            Gandhi was once asked by a reporter, why he settled on peaceful civil disobedience for his tactics.

            His answer essentially was that he believed the British people had functioning consciences and going that route would have a higher chance of success than shooting at the British Army. He also noted that if he had believed the British lacking in conscience, he would have been among the first to pick up a rifle.

            If your government cares about appearances, non-violent protest can work. If your government does not care, can convincingly pass propaganda painting the protestors in a bad light or can conceal its actions behind the cause of Homeland Security, then non-violence is just a passive form of suicide.

      • steveo

        It’s not illegal to be intoxicated in public in FL. He also has to be a threat to public safety. This statute was changed years ago because FL has a sordid history of abuse of authority over minority groups, not wanting certain people to be in certain places, like where all the white people go.(think : whites here, coloreds over there) Plus this disorderly intoxication statute cannot be fiddled with on a local basis, to make it easier for locals to move citizens for this “crime”.

        • Difdi

          Plus, DUI (or whatever it’s called in FL) is illegal; If people who have had a few are banned from driving, banned from sleeping on the street and banned from public transit, how exactly are they supposed to stay within the law?

          • steveo

            In Sarasota, FL, the SPD has had an ongoing war against the homeless for years. The city of Sarasota actually has an ordinance outlawing lodging out of doors, urinating or defecating in public (all the porta potties are locked), being intoxicated on a city bus, and panhandling. About 5 to 6 homeless people are arrested every night for one of these “quality of life” crimes. Then because they can’t pay the resultant fine and court costs of nearly $500, they get arrested over and over on contempt warrants for not paying their fines, which really amounts to debtors prison.

            The rich people in downtown Sarasota are kind of like that bartender who yells out at 2am after last call: “I don’t care if you don’t go home, you just can’t stay here!”

      • Lefim

        John Bad Elk v. US applied to an era where there were no statues regarding unlawful arrest; so English Common law applied. Common law is judge-made law used to fill in the gaps where there are no statutes and also to interpet the statutes when they are not specific enough. The newly-minted American government inherited English Common law after independence if the Common law privilege wasn’t over-written by statutory law. Statutory law is passed by the people through their representatives or through direct democracy.

        In Common law, killing a constable who attempted an unlawful arrest was an offense, but it was manslaughter, not murder. See, e.g., 1 LEGAL PAPERS OF JOHN ADAMS, supra note 20, at 102 n.75 (quoting LAW OF ARRESTS 71-72, § 9, that it was “[n]ot Murder to slay an officer executing bad Warrant” (stating the holding of Rex v. Cook, Cro. Car. 537, 79 Eng. Rep. 1063 (K.B. 1640))). This was still the law at the end of the nineteenth century. See, e.g., Bad Elk v. United States, 177 U.S. 529, 534 (1900).

        So John Bad Elk was charged with murder but manslaughter wasn’t presented as an alternate charge at the time of trail so the Supremes overturned the faulty verdict.
        Since then, the right to resist forcibly unlawful arrest has effectively been revoked by modern arrest statutes, which limit resistance to police officers making arrests to self-defense against excessive force. See generally Paul G. Chevigny, “The Right to Resist an Unlawful Arrest”, 78 YALE L.J. 1128 (1969).

    • theotherguy

      50 State is a security guard company and not the police. They are mostly a bunch of rejects anyways. I’m surprised they still have that contract.

      • BPAZ

        Don’t be so surprised, the previous contract was with Wackenhut, who interestingly enough overbilled the city by a few cool million. Then settled with the city for 7.5 Million, but with the clause that due to this they weren’t liable, and would not be tainted against in future contractual relationships. Wackenhut then officially became G4, and has negotiated a new contract with the city.

    • Difdi

      Private security guards are not police. Touching someone who is trying to murder you (by shoving you backwards down a flight of concrete stairs) in self-defense is legal, even if the person you touch is a cop (and the guy Carlos touched wasn’t).

  • Tijuana Joe

    So why’s everyone talking about 2nd Amendment Vlolations when it’s obviously

    the 1st Amendment that’s under attack?
    You can’t film train tracks? Sorry, that’s news to me.

    • http://www.facebook.com/people/Tony-Heaton/100000722778237 Tony Heaton

      All rights are under attack.

      • Won Word

        Not to minimize what you said, but I’d like to see them try to violate the 3d.

  • http://www.facebook.com/profile.php?id=1385120686 Joe Vangel

    Subpena the train surveillance video because it will show them trying to violently push you down the escalator to inflict severe bodily harm. The first G.E.D recipient who approached you got right up in your face and then says you have to go because he smells alcohol ? That’s absolutely ridiculous ! He was pissed because YOU QUESTIONED HIS AUTHORITY ! Everybody needs to show up with their cameras too film the tracks ! Have your friends film the G.E.D. recipients when they show up. File another charge against them Carlos, but what needs to happen is for you to get that video that shows one of those RETARDS trying to cause you great bodily harm by pushing you down that escalator, and your response to me was justified as you were in fear for your life at that moment so you were fighting back.

    • mm2kay

      I take offense to the GED thing. There’s plenty of educated college graduates that are dumb.

    • BPAZ

      Interestingly enough, it’s a GED (potentially), though not necessarily defined, and a 40 hour course from 50 State Security, $120 bucks, for the course ($3.00 an hour) after receiving your certificate of completion you pay $87 bucks to The Division of Licensing for a two year license as a Security Guard. Frightenly enough, there is no need additional classroom training once you passed the 40 hour course.

      Effective January 1, 2012, state law required that the “D-License” security class be completed in forty consecutive hours.

      The class schedule for 50 State Security Services shall be conducted
      starting Friday and ending Tuesday from 8:00 am – 4:00 pm.

      Certificates of completion will be ready for pick up on Wednesday after 9:00 am.

      Cost for the full forty hours, notarized applications and finger prints is $120 (cash or money order only).

      The license is valid for two years and must be renewed at two year intervals.

      As long as you don’t allow your license to expire, no additional classroom training is required.

  • oscar

    Go get em Carlos. What total BS.

  • mm2kay

    You should start to sue the county for hiring 50 State.

  • http://www.facebook.com/patchbag Jeffrey Patch

    Make sure to sue the individual guards in addition to the security company.

  • Seth Levy

    I know hindsight is 20/20 and it is hard to think clearly in the heat of the moment but you really should have asked to wait with them for the police and let the real men with badges help sort it out. When you have that many guys with adrenaline pumping trying to sort out a situation you are asking for trouble. Obviously you shouldn’t have been hassled in the first place and they shouldn’t have been physical, but the fact is you had plenty of evidence to prove that they were violating your rights before it escalated to that point. I don’t think you gained anything by trying to reason with a bunch of police academy dropouts.

    Let’s do another photo protest but first let’s use public records to find out when these asshats are working next so that we make sure to run into them again, that is if they still have a job after this.

    • sfmc98

      Generally, no one cares when its only a “rights violation” case. But the violation coupled with physical force and injury. That’s a different story.

    • IFWM

      I don’t need anyone’s “help to sort it out”, I’m there lawfully behaving lawfully, end of discussion.

      And more to the point, are you new? You expect the cops to show up and sort it out?

  • JH

    Carlos – how can I get in touch with you?

  • Common Sense

    Wow, never ceased to be amazed at how ignorant some people are! These thugs are way out of line! The first IDIOT who got up in your face really set the tone for the whole thing! Just another example of abuse of power! I would suspect he is someone who couldn’t make it through the police academy or was a released from an agency because he has “issues.”

    I’m still scratching my head has how you were cited with LE not present? Must be a “State of Miami” thing? Remember, they make things up as they go! Of course, if it makes it way through the “Miami legal system” then it should be interesting to see that outcome. Who is the complainant? It can’t be the thugs who incited it? I sure didn’t see anyone else around. Who is the one which determines “loud or excessive noise?” Sounds like a slippery slope should they try and go down that one….aka, another First Amendment rights violation.

    I was more appalled in the way they pushed Carlos! I’m not really good with civil law, but had they been LE, I think this would have been an excessive use of force. Just look back to the Orlando LE who shoved the female down the stairs, and was caught on video.

    If they couldn’t handle the situation, which was pretty obvious, then why wasn’t LE summoned to the platform? I would suggest that for these thugs to have taken you into custody, aka handcuffed, you must have been committing a crime. With no crime being committed, why the need to remove you from one location to another? Why not just call LE and let them handle it? I suggest the first thug set the wheels in motion when he realized his bluff had been called and it was now just to make a point!

    Well Carlos, I have a sneaking suspicious 50 States is really sweating now on your current pending suit. Forget the fact that you are right, but if this should get introduced somehow, they don’t have a snow balls chance in Miami. And GOOD, they should be AFRAID! Also, as one reader has already mentioned, I think the “State of Miami” should be included in the suit. Seeing how 50 States is a government contract, the “State of Miami” is responsible for their actions, or lack thereof.

    On a lighter note, I wonder if Nancy “the liar” Perez did any type of press release seeing how LE was there?

    Give em HELL Carlos! Looking forward to hearing more about this!

    Your LEO friend!

  • http://pulse.yahoo.com/_VHVLLX6JUHHKTZ7WLSTOMKZ6FA catmandu

    If they are private security guards under contract, then A) there’s no such thing as “probable cause” for them in a misdemeanor situation. They’re only option is to call police. B) They’re guilty as every day citizens of nearly every assault statute in the book, because that’s all they amount to: citizens in costumes. C) File charges. Go up the legal food chain until you find one of the overlapping jurisdictions that will file charges. D) Get a hungry lawyer, he will eat the security company’s liability policy up.

  • http://pulse.yahoo.com/_VHVLLX6JUHHKTZ7WLSTOMKZ6FA catmandu

    I just looked them up and see you’ve had a run-in with them before. Just a bunch of losers in costumes.

  • http://twitter.com/getitwhileucan2 original hipster

    I hope you posted this on YouTube. I am appalled that this happened.

  • http://pulse.yahoo.com/_VHVLLX6JUHHKTZ7WLSTOMKZ6FA catmandu

    I’ll be checking on this from time to time. I am a photographer now.

    Dear Esteemed Public Officials;

    I served as an armed guard for 15 years in Miami during the tumultuous years of the coke wars, boat lift and riots. Please examine the link below as evidence.

    In a relatively peaceful and different time, this type of behavior is unnecessary and exposes the county and the public the county is charged to protect to injurious liabilities.

    I suggest and request that a warrant be issued for the arrest of the security guards in question forthwith as a matter of duty in protecting the public.

    Assaulting members of the general local and tourist population may well damage tourism as well. Many visitors, as myself, desire to photograph Miami’s significant landmarks from the unique vantage points of the Metrorail and transit system.

    There is neither anything wrong nor anything illegal about this. It’s just a fact of Miami’s beauty and history and as a long time resident and one thoroughly experienced with physical security of buildings, it does not hurt or threaten anything.

    But for the actions of the security guards did anyone get hurt. It could have been much worse and an example needs to be made in order for the tourism trade and innocent civilians to NOT be hurt.

    (Signed)

    I’d also examine in each event where security guards commit assault and the police don’t react appropriately Florida Statutes 839.24 – Penalty for failure to perform duty required of officer

  • http://www.facebook.com/douglas.hester Douglas Hester

    I just called 50 State Security (305-891-7000), identified myself as an independent journalist and requested comment on the incident. I was transferred to an administrative extension and got vm. I will report back if they contact me.

  • Joe

    You sound like a 17 yr old punk the way you challenged cops doing their job. Its idiots like you that make cops jobs harder. You were resisting aggressively people who keep the train safe. YOU were the problem. You MORONS are the LOSERS who are on the line of being CRIMINALS because you think challenging authority is fun. And don’t lie that’s what it comes down to. You think you can do whatever you want in a “free”country. The truth is this a society is never completely free. They have people who ENFORCE laws. They don’t play with you when you start challenging and don’t comply with what they tell you to do. YOU don’t understand the world of LAW and CRIMINALS. You’re WHITEWASHED world has you thinking EVERYTHING goes by the books and how a law is written. Your are a FOOL. because you don’t realize most the things that happen to keep pathetic, fat, losers with no purpose like you “free” and safe. Which goes to show you’ve NEVER had to deal with criminals or people who are on the border of being criminals. You are probably IDIOTS/liberals who think criminals should be be socially rehabilitated, which in their world does NOTHING because they live by their own rules NOT by a societies rules. So YOU are the problem and border very close on being criminally minded because you think you are “free” to do whatever you want in the world when in reality you should COMPLY to police requests instead of challenging them and fighting them. Only coming down hard on the littlest infraction works on CRIMINALS, which is why in places like THAILAND you would be CANED and beaten to the point of bloodyness for your little infraction as any CRIMINAL would who challenges police just doing their job. And I bet you would NEVER again do such a stupid thing. Don’t believe me, go to Thailand and break some laws. That’s what America needs tougher laws, tougher police, and people who actually don’t take their freedom for granted and let the people ENFORCING their freedom do their job to ENFORCE rather than resisting and getting in the way

    • http://twitter.com/Stoutlagger Rob

      Bitter, boot licking security guard that couldn’t pass the test to be a real cop detected.

      • RaymondbyEllis

        This is the funniest line “people who actually don’t take their freedom for granted” because it’s Joe that takes freedom, actually liberty, for granted. It has evaporated in numerous countries populated by Joes. Lenin/Stalin’s Russia, Tito’s Yugoslavia, the list is endless. Following authority, unquestioning obeisance to authority, is the guiding principle. Damn glad our Founding Fathers, however flawed, weren’t Joes.

      • BPAZ

        Nope, just 40 hours of classroom training, $120 for the course, and $87 for a 2 year license, and then you, too, can assault and detain individuals and get paid!

        • http://twitter.com/Stoutlagger Rob

          I never liked the taste of boot polish though. Think that would be a deal breaker?

    • http://twitter.com/kylejack Name

      Hey Joe,
      These aren’t law enforcement officers, and photography is not a crime. There’s no law they were enforcing, because there’s no law against it. In short, you’re dumb as dog shit.

      • Difdi

        There are however laws against aggravated assault, battery and filing false police reports.

    • Jim

      Joe apparently you didn’t realize that the folks that were were doing the roughing up are private security … NOT Police. They have no powers of arrest and certainly none for assault. The only legal action that was available to these private security folks would have been to call the police.

      In addition Carlos violated no laws. The courts have ruled on the rights to photograph in public. There has become this incredible knee jerk reaction to photographing public building etc. Started with 9/11. What lots of folks don’t realize is that there are cameras so small they fit on a key ring and don’t look like cameras. It would truly be one very dumb terrorist who would be photographing with an easily detectable camera a target of interest.

      From the Amazon website: http://www.amazon.com/Chain-light-720p-Video-Camera/dp/B0089HR5QI/ref=wl_mb_hu_m_4_dp

      http://www.amazon.com/Chromo-Inc-%C2%AE-SPYPEN-Camera-Recording/dp/B00A2T93F2/ref=wl_mb_hu_m_3_dp

      http://www.amazon.com/Mini-30fps-chewing-shaped-camera/dp/B004Y3PH20/ref=wl_mb_hu_m_5_dp

      I almost think that Carlos should purchase one of these and carry it around without the sd card (so they can’t accuse him of being a spy or terrorist) just to show folks who get all uptight about photography.

    • Luc

      Joe, you are a fucking moron. “COMPLY to police requests” a request is not a lawful order, “ENFORCING their freedom”, you don’t enforce freedom. Security Guards are not our masters, they are just dipshits in uniform.

      Security Guards need to follow and comply with the law, not make up the law and beat people.

      This is the USA, not Thailand. If you love Thailand so much move there and shut the fuck up!

    • Boomer

      What makes your comment even funnier than at first glance, “Joe”, is to read it out loud, and increase the decibels when you come to the capitalized words. And just to make one small correction to your rant, Carlos has indeed had to deal with criminals and those on the border of being criminals on numerous encounters with members of the law enforcement community. They, my friend, are the most organized, dangerous and vicious criminal gang on earth.

      All he was doing was taking a picture of a beautiful building. I have dozens of images of buildings all over the South, because I found them interesting, and could see them clearly from a public place. What’s so dangerous about that? That’s all Carlos, and his friend, were doing.

      And for that, they were assaulted and arrested, and charged with “producing loud of excessive noise.” Sad. Not just that it happened, but that you went out of your way to proclaim that Carlos had it coming.

      • RaymondbyEllis

        Yeah, another funny thing about Joe’s rant is who is the criminal. If Carlos was exercising a freedom, the criminals are those who tried to stop him. In Joe’s world, seemingly, those in authority are never criminals only those that resist authority. The freedom thingie is obviously lost on him.

    • http://twitter.com/gshevlin gshevlin

      Joe, has anybody ever told you that SHOUTING does not make you look like a sensible, well-mannered person. Here’s a message. It makes you look like an argumentative little wanker, and as others are pointing out here in this thread, you haven’t a clue about the events you are bloviating about.

    • Phred

      “you think challenging authority is fun”

      No, but it’s a right guaranteed by the First Amendment, and when those in authority are wrong, we absolutely should call them on it. There is no law prohibiting photography of a building or a rail line. None. And when someone in authority makes up “laws” to fit their own agenda, we have the right and responsibility to let them know we won’t stand for it. It has nothing to do with anyone trying to keep us safe. I fear our own government more than I do any terrorist.

      Stop being such a sheep.

    • steveo

      Yeah, and we should round up all the other enemies of the state, the jew, the catholic, the queers, and the retards and put them into vans and reverse the tailpipe so we can gas to death all these WORTHLESS human beings and then burn their bodies into ashes so we don’t have to be bothered with any of them. Especially Cuban people who left the island paradise of Castro’s workers paradise. What’s up with that?

    • sfmc98

      I regret that I only have one downvote to give.

    • http://www.dan-vidal.com/ Pod

      Joe, those private dicks are lucky they are still alive.

    • joeistoostupidtobeacop

      If you actually listend to the video no laws were being broken. Also their not cops they are security guards so stfu about doing as your told. you do relise you sound alot like some nazi minded fuck “do what i say or i beat you” dumb mother fucker? Gestapo sound familer? Please dont have children because theres already enough fascism in the world.

  • rick

    You produced loud or excessive noise on an empty platform…at a train station.

    Empty platform, train station

    Carlos, what’s wrong with you!?

    • Walter E. Strong

      Carlos is obviously some kind of a misfit!!

      • Lefim

        Only two civilians on the platform talking normally – of course they’re too loud and woke up the guards! And camera clicks can be heard for blocks! (/sarc) Now, detractractors are going to say the video is heavily edited and will demand the raw footage.

  • Jim

    Are you going to be going down to the police station to file a report/complaint regarding the assault? It seems to me that this video would be more then sufficient proof that an assault took place. If the police didn’t take the report (would be curious if they didn’t) or didn’t take it seriously I’m thinking I would take it to the prosecutor who would have jurisdiction. If neither the police or the prosecutor took action, I guess I would move on to the federal level.

    • Difdi

      I wonder if you can file a criminal complaint against someone for filing a false police report?

      • Lefim

        Also head for a clinic to get medical documentry on the extent of injuries to present to the court.

  • http://twitter.com/Stoutlagger Rob

    Very nice Carlos. Looks like it’s time to do ANOTHER Metrorail photo walk protest. What would that make, 3 or 4 protests on that station?

  • Jonathan Corbett

    Hi Carlos,

    Thanks for standing up! As a fellow South Florida troublemaker, I feel compelled to stand with you, so I’ve contacted county transit and county commission representatives demanding action be taken. Hopefully between you taking their money in court and the county terminating their contract, they will learn a lesson. Keep up the good work!

    Jonathan Corbett
    Miami Beach, FL

    • Jonathan Corbett

      Complaint Contacts

      Director of Miami-Dade County Transit: yllort@miamidade.gov

      Miami-Dade County Commissioner: district6@miamidade.gov

      Ask the state to rescind their license to carry a firearm as a security guard: http://licgweb.doacs.state.fl.us/contacts/filecomplaint.html

      • Morphoto

        I sent this, the more they hear from us the better to let them know we are watching.

        “Dear Sirs,
        You may be aware of a recent incident on a downtown Metrorail platform where Miami resident Carlos Miller and a friend from out of town
        were assaulted and injured by 50 State Security guards. The incident brings into question the qualifications of the guards involved and the
        policies of 50 State and Miami Dade County with regards to photography in public places. Photography is not a crime and is legally permissible
        in most public right of ways throughout the country. I am a commercial photographer and have had many incidents with heavy handed security personnel
        infringing on my first amendment rights to freedom of expression through photography. This is not acceptable for the residents and visitors of this city.

        You should know that this incident is being widely publicized and will define how thousands of people view Dade County with regards to our constitutional
        rights. Please let me know how you and the current administration will be handling this important issue in the future and what remedies will be made with 50
        State and Dade County policing operations.

        Best Regards
        Paul Morris”

  • Helena

    JOE…. you are a poor excuse of an individual….you need first to learn how to express youserself and them… you maybe able to comment

  • Jon Quimbly

    Carlos, file for a restraining order against 50 and Metrorail. That’ll ratchet up your suit in the eyes of whatever court ultimately adjudicates this mess.

    • Difdi

      The problem with that is that it will effectively ban Carlos from riding the train. Because if 50 State is not allowed to have contact with Carlos, but the train station is their place of business, Carlos might well void the restraining order by going to them.

  • John K

    Hey Joe you sound like a reject cop or an ex-cop with issues. 10 bucks says you were fired and your certification revoked.

    • BPAZ

      Yeah, but for $207 bucks, 40 hours of classroom training, he can become one of these!

      • Puce Buzzard

        That’s all? I had to take 100 hours of classroom training to be a (part-time) caregiver for a disabled person; work much harder, and am paid much less then they do as rent-a’cops.

  • Jon Quimbly

    Carlos, did you go to th ER or a doctor? Get yourself treated, get hires photos taken of your neck, you know the drill. Evidence. And file charges against those bozos.

  • Difdi

    I bet I know where the excessive noise thing came from, Carlos.

    It’s not terribly unusual for police to charge/cite the victim of excessive force or a false arrest for actions the police took in the course of their unlawful behavior. Assaulting an officer because your face bruised his knuckles, and things of that nature.

    By taking pictures you “forced” the security guard to use the loudspeaker, therefore the excessive noise loudspeakers make is entirely your fault.

    • steveo

      For any disorderly charge to stick, either disorderly conduct or disorderly intox, there has to be a threat to public safety. Maybe this rent a leo believes that newsgathering is a threat to public safety, but that isn’t going to get very far in the courts. Most leo intrusions into the 4th or 5th or 6th amendments have exceptions, but for prior restraint there are no exceptions because the SCOTUS has never upheld a prior restraint in 224 years since the first 12 Amendments were put on the books.

      • Difdi

        The problem is that any possible punishment for prior restraint comes after the fact. The cops/security guards still win by achieving their goals unopposed. They stopped the “evil” photography, after all.

        You have the right to resist a felony crime against you anywhere, and a right to resist most misdemeanors in most places as well. But if the criminal has a badge, resistance becomes a crime. And that’s not right.

  • piyopre

    YOU IS PUNK BITCH!!!! DA COPZ WAS RITE! YOU AM DRUNKS!!!

    • Luc

      Must be one of the Security Guards…

    • Clark

      Or is just being sarcastic.

    • IceTrey

      I think it’s a LOLCAT.

    • yoyo

      Learn some grammer please. Fair enough it could be suspicious with terrorists and all that but a terrorist is hardly going to start arguing about rights and laws when confronted. Way to far of a reaction by the security guards, just couldn’t take getting their “authority” getting challenged so does what all stupid people do when proven long and get violent.
      Hope you win and hopefully the security guards lose their jobs and get charged but it is America so they’ll proberlly get off.

      • Difdi

        You could stand to learn some too. Kelsey Grammer has nothing to do with your point. Grammar, on the other hand, does.

  • BPAZ

    On a side note, Carlos, you can market that your current “Hair Restoration” by Jupiter, wasn’t negatively impacted during the altercation with overzealous security. Takes a pummeling and keeps on growing.

  • http://twitter.com/TheAnon0ne V

    Anonymous is watching, 50 State would do wise to #ExpectUs – @TheAnon0ne

    • Walter E. Strong

      Oh schitt, they’re in trouble!!

      • Gordon Freeman

        Anonymous v the keystone cops; Que Yakety Sax.

  • Bill

    Carlos– I love what you’re doing, but why would you ever muddy the waters by losing your cool? Let them take you wherever they’re going to take you, protesting verbally but not physically. It’s all on camera and can be used against them, so let them do whatever wrong they want to do, it’s just more ammunition against them. You lashing out at them is not going to help your case at all and it may hurt it. You of all people should know to stay calm and collected in these situations.

    • Gordon Freeman

      I don’t know, I’d have a hard time staying calm being shoved down an escalator, plus you have the well known LEO technique of a quick punch or pinch out of view to make you react so you can then be slammed into something, since you did resist.

      • 0z

        For the 80th time, the WERE NOT COPS. Resisting a security guard is legal. Fighting back against an assault by a security guard is legal. THEY WERE NOT COPS. Repeat it to yourself over and over again. SECURITY GUARDS ARE NOT POLICE.

    • Difdi

      Shoving someone down a flight of stairs can kill, especially if those stairs are made of metal with sharp edges. It’s not unreasonable to resist a murder attempt, and the U.S. Supreme Court has ruled that use of force to resist excessive force by police (who have far greater authority to use force than a mere security guard) is a lawful act.

  • Troy S.

    The first guy looks just like a guard on duty at the protest.

    http://www.pixiq.com/article/photo-protest-at-miami-dade-metrorail-a-rousing-success

    • http://dailygrackle.wordpress.com NoelArmourson

      It may not be unusual in such circumstances that the old employees are kept on when the security contract changes hands and are merely issued new uniforms.

  • Greg

    Carlos, did you call 911? That would be the very first thing I’d do.

  • CopBlockTucson

    I just called 50 State Security (305-891-7000), identified myself as an independent journalist and requested comment on the incident. They hung-up on me. LOL

  • CopBlockTucson

    I totally want to come out to Miami now and protest with Carlos.

  • CopBlockTucson

    I called Miami-Dade Metrorail’s “Public Information Officer” and her voicemail says she is “out of the office and out of the country until January 3rd”

    I hope she is just inept at her job and forgot to change her message or else I’ll have to wait until January 3, 2014 to get any comment.

  • Rob

    arrest the on coming train! since it makes Excessive noise all of the time.

  • Jon Quimbly

    After watching the video, the big questions occurring to me are:
    – Do 50 State’s guards have arrest power? (Beyond what we all do, citizen’s arrest)
    – If not, why are their guards under the impression they do? (i.e. a memo, or a directive given them told them they could)
    – What do 50 State security guards do, for Metrorail, if they have no arrest or citation power?
    – Given Carlos’s video evidence, are 50 State’s guards in violation of various misdemeanor and/or felony statutes? They seem awfully sure they have the power to do what they did to Carlos.

    It’s a shame about Carlos’s friend not really backing him up.

    • Boomer

      Jon, I respectfully disagree. Carlos’ friend took the most supportive action possible in defense of Carlos, he kept the video rolling to capture their actions and words. I understand the tempation to jump when your friend is being bullied by three overhyped wannabe’s, but the video gives Carlos more amunition than a punch in the nose ever could.

      Just my thought, John.

      • IFWM

        “Carlos’ friend took the most supportive action possible in defense of Carlos,”

        I disrespectfully disagree, when my friend is being assaulted, I act to stop it. These weren’t police with legitimate arrest powers.

    • Boomer

      Sorry, I meant “Jon” Late at night, too much scotch. No offense meant.

    • Ron

      His friend absolutely backed him up – by filming the entire thing. What? You think the friend should have dropped his camera and started swinging?

      • Jon Quimbly

        Nooo…. I was reacting to his friend telling Carlos to stop resisting, and put his hands behind him. Maybe resistance was futile in that moment, but yeah he could’ve set his camera down with the shot still running, come over and kicked some ass on Carlos’s behalf. He let Carlos be victimized.

        The security guards had absolutely no authority to make an arrest. It was a kidnapping caught on camera, nothing less. If you witness a pedophile kidnapping a little girl, wouldn’t you run and kick some ass? In this case, the “pedo” was nutless security guard who instead preys on people that make him feel angry – regardless what the law and his contract say he can do.

        They should all be sitting in jail right now. The owner of 50 State should be up for an indictment for running a criminal enterprise and conspiracy.

        • Difdi

          I know I certainly would not tell the little girl to stop resisting.

    • steveo

      Security guards, just like in a private store or mall, can detain people only long enough for the Leo to arrive. Leo, for misdemeanors, has to witness the incident and cannot use hearsay to sustain the probable cause, so he would have to view the video/audio recordings at the train station to determine whether an arrest could be made. Most of the time this security Kabuki dance is done just for intimidation and there are no charges and trespass warnings don’t have the force of law because there is no due process with a trespass warning at a public place. Trespass warnings have viability at a private location because business owners can invite anyone or uninvite anyone as they please.

      Carlos was lawfully present, he had a license to be present at all times, he was newsgathering information of public interest and these agents stopped him from his press activities thereby committing the most heinous abuse against the 1st Amendment, prior restraint. Big money here, in a lawsuit, hope Carlos fights on.

  • Mike

    Charges should be filed and the guards arrested for assault.

    Not familiar with Fla law, but if it can be done, once lawsuit is over, personally sue each police officers in small claims court for inventing a charge and trying to tarnish your reputation.

    • steveo

      Small claims court is actually a pretty good idea. But you are limited to 5K settlement. I would go with prior restraint in small claims and ask 5K per guard. Prior restraint is the best argument because there never has been a prior restraint that has been upheld in history.
      The guards’ company would hire lawyers (but maybe not) and get the charge moved to Circuit court where they could be represented by attorneys and eventually sent to US court due to a 1st Amendment beef. It would cost the company mucho dinero in legal fees. They’d probably just send Carlos the 15K in the mail.

  • LBrothers

    Carlos Miller is the new Chief of Badassery. He refused to be bullied by those Security Sprouts, true, but what really makes him such a badass is that he’s fighting every day, on behalf of all of us. No one has to eat shit just because they don’t have a badge.

  • http://www.facebook.com/profile.php?id=1486181184 John Hoog

    North Korea’s finest.

  • http://dailygrackle.wordpress.com NoelArmourson

    What the heck is Carlos going to do with a guard company after he owns it?

    • Won Word

      Shut it down and sell it for scrap.

  • Walter E. Strong

    Carlos Miller, you are just one tough sumbitch!!

  • steveo

    Along with disorderly
    conduct, disorderly intoxication is a type of
    offense where the First Amendment’s protection for freedom of speech becomes an
    issue. Generally speaking, if the intoxication that forms the basis of the
    charge is speech (verbal, written, or other expressive conduct), and if such
    conduct falls within a category of “protected speech,” then the First Amendment
    will preclude a conviction for disorderly intoxication (and disorderly conduct).
    However, when protected speech is accompanied by conduct which is not
    constitutionally protected and which is properly defined as criminal, then a
    conviction for disorderly intoxication will stand, even if aspects of the
    incident involve freedom of speech. (Thanks to Hussein and Webber; Jax Attorneys)

  • http://www.facebook.com/people/Warren-Anthony/100000736216869 Warren Anthony

    In the words of a famous Texas widow, “Your Honor, Some people just need killin'”

  • steve

    The reason that you must not photograph the track is that a terrorist could get hold of the photo and cut it in half, thus causing the next train to derail. Also, if you are drunk on a train, and everything starts spinning, the train will crash. ( Why is it that these security morons are never slaughtered by lunatics with guns? Is it because they are so mentally similar?)

    • Difdi

      Don’t forget, by taking pictures of people he steals their souls.

  • http://www.facebook.com/james.atchison.161 James Atchison

    Carlos, sorry you got hurt buddy. It’s hard to tell if you were ‘