November 5th, 2013

Brevard Deputies Claim Photography “is a Crime” When Arresting PINAC Editor 174

By Carlos Miller


Brevard County Sherriff’s deputies tried their best to intimidate PINAC editor Jeff Gray from video recording a traffic stop last month before they lost all patience and slapped the camera phone out of his hand, telling him that photography “is a crime” after he informed them he was working for Photography is Not a Crime.

But little did they know he had a back-up camera on his ear, which picked up the action after his iPhone had shattered on the sidewalk.

And when they pulled that off him as they were shoving him in the back of a patrol car, his body-mounted audio recorder picked up the action.

They probably didn’t realize what the latter recorder was because they returned it to his wife as they ordered her out of the parking lot under threat of arrest, also probably not realizing that Gray had set up a fourth recording device, a dash cam inside his car, that recorded the video we saw last month.

His wife also tried to record but the deputy told her to “get the camera out of my face,” so she laid it on her lap as it continued recording audio.

Today’s video is a compilation of the three recordings we had not heard before, showing the two deputies from the agency’s task force pull up behind Gray as he stood more than 30 feet from the traffic stop involving another deputy, who had pulled over a woman for a traffic violation

Gray never gets close enough to the traffic stop where we can see the woman, but deputies claim in their report that Gray’s presence was making her and her daughter cry because they feared he was going to harm the deputy as well as them.

But if they were crying, it is most likely because their afternoon was disrupted by the deputy who had pulled them over.

Gray was charged with obstruction and trespassing, charges that are still pending, but will probably be dropped, according to his lawyer.

The first thing that deputies did after confronting Gray was order deeper into a private parking lot, but when he complied, they intimidated the property owner into having him and his wife kicked off the property, even though the owner had not even noticed them before a deputy confronted her.

Once they ordered him off the property, Gray stepped back on the county right-of-way and was about to call his wife to tell her to move the car when the deputy slapped the phone out of his hands, causing it to shatter on the sidewalk.

Although Gray made it clear he was not resisting, one of the deputies told him “resistance is futile, you will get hurt” as he shoved him in the back of the car.

The deputy also threatened to book him as John Doe and leave him in jail for 48 hours because he had refused to provide his name when initially confronted.

But Gray was under no legal obligation to provide his name, considering they had no reasonable suspicion that he was committing a crime.

The same deputy threatens to arrest his wife if she doesn’t leave the parking lot, refusing to tell her the location of the jail or to allow her to follow him.

“Take this vehicle and leave this parking lot,” the deputy told her. “You’re not free to be on the roadway, county right-of-way or this parking lot.”

And this is the same guy blaming Gray for making the other woman cry.

Send stories, tips and videos to Carlos Miller.
  • Truth For Students

    I suggest you delete the part about the camera on his ear. This is a valuable tool for cop watchers and we don’t want the police to know the different methods used.
    Police will in the future remove these things if they suspect it might be recording.

    • Carlos_Miller

      This post is educate citizens that they need more than one camera at all times.

      • inquisitor

        This was an excellent example of the need for redundancy concerning back-up devices.

        • Ian Battles

          Hell, I’ve got a video camera that looks like a pair of sunglasses!

        • Rail Car Fan

          That’s why the best option is being able to instantly upload what’s happening so that no matter if your camera is taken (I mean stolen) or innocently dropped (on purpose) by a “Badge Bully”… all will still be available to you for your future law suit!

          Rail Car Fan

      • rick

        Additionally, every PINAC editor probably should have multiple home A/V cameras for the inevitable police raid. Make sure all home security recordings are sent and stored offsite.

        • inquisitor

          …and a loaded shotgun at the ready.

          • Rail Car Fan


            Now that’s my way of thinking too! (Wink emoticon)

            Rail Car Fan

      • Truth For Students

        You make the point about the need for redundancy without giving away all the specific ways to go about it.
        I can assure you that in the future the police will be quick to take off ear pieces and that might end recording prematurely.

    • Rail Car Fan

      “Truth for Students” said in part.

      “Police will in the future remove these things if they suspect it might be recording.”..

      A cop (excuse me… I mean Badge Bully”) knowing the above could very well now start removing “Cochlear Implants” from those who are DEAF thinking it’s some type of recording device… now rendering the DEAF person (having what little ability to hear), to now not being able to hear anything at all!

      THAT should really fly like a lead balloon!

      Rail Car Fan

  • inquisitor

    @ 8:54 in the video the officer states…”He has already been warned by Coral Gables police.”

    Coral Gables is about a four hour drive south from Brevard county.

    How did this officer know this when Jeff has not given the officer his name?

    • Carlos_Miller

      I believe Jeff had a card Coral Gables police gave him I didn’t get that card even though I was right there.

      • inquisitor

        A card that was a “warning” from the Coral Gable police?

        I am not quite clear on this matter.

        • Carlos_Miller

          I’m not either. Jeff will fill us in.

          • inquisitor

            …thanks Carlos…anxious to find that out.

            The officer’s comment seems to suggest that he had some prior knowledge of Jeff in Coral Gables or learned of it during this interaction, but without Jeff giving any personal details. And a prior warning for interfering while filming in Coral Gables would not be on a computer LE database…or would it? I shall wait for the reply.

          • mmdccbslm

            the officer was lying. the supreme court allows them to lie and trick people into incriminating themselves while under questioning.

        • Jeffrey Marcus Gray

          Carlos, Joel and I were doing a public records request in Coral Gables and we were trespassed from the building where Joel attempted to submit the request. I requested the names and badge #’s of the Coral Gables Officers who responded. One of the officers gave me his business card and I put the card in my pocket. The card was still in my pocket when i was arrested in Brevard the next day. When TFA1 searched me he found the business card. When TFA1 said that “he’s already been warned by Coral Gables” I’m not sure if he was speculating or if he some how he knew about the Coral Gables incident.

          • inquisitor

            Thanks Jeff. I was curious because the officer’s gave the strong and seemingly genuine impression from the very beginning that they knew nothing of or about you when trying to ID.

            So it would seem that was an extremely reaching and wild speculation that a card would somehow translate that you had already been in trouble for the same thing elsewhere.
            So reaching and wild of a speculation that I suspect this officer may be suffering from mental illness as some sort of irrational and delusional paranoia, yet eager to put those delusions down on a police report as facts.

          • Fotaugrafee

            Speaking of “delusions” and “police reports”, did any of you guys happen to do a PR request for all paperwork in relation to Jeff’s case, to ascertain what & if the reports contained — that way y’all can go after them for falsifying official records as well? :D

          • steveo

            I’m going to get some of those “Ralphs Value club cards” made up, like in the Big Lebowski for ID. “Is this the only ID you got?”

          • Jeffrey Marcus Gray

            I love the Big Lebowski! One of my favs!

          • Difdi

            Could it be that the officer in question considers the existence of ANY trespass notice from anywhere to apply everywhere?

          • steveo

            Jeff had all the bases covered. We talk about covering bases all the time, like have a back up camera, know the 4 laws in FL that the leos like to use, like obstruction, trespassing, loitering, and disorderly conduct. When cop watching don’t do things that could be interpreted as obstruction or disorderly.

            Jeff covered the trespassing beef by telling them he’d leave the parking lot, then he told them his wife would drive the car away, He had everything covered and these leos just got frustrated that he had everything covered and just lost it and arrested him for no reason because of their frustration.

          • inquisitor

            Is there an actual crime/charge called “prowling”?
            And could stalking also be used?

          • Fotaugrafee

            Second half of your second paragraph pretty much sums this entire debacle up, Steve. Yessir, I do concur.

    • Dan

      Wow. Jeff has the balls of a brass monkey. Well done, Sir, well done.

      After reviewing the PCA submitted by the “Anonymous” GAME OVER Task Force member. I wondered why he was anonymous. Come to find out, via a news article, though I’m having no luck “validating” the claim, that TFA1 or “Billy Baddass” as a member of said GAME OVER Task Force his identity is exempt from Public Record. WTF?

      So, I did some “googling” on GOTF. Unable to find anything statutory, though one would think there would be something, any assistance is appreciated.

      Here’s what I found.

      “A typical day for task force members might include the surveillance of residential homes in order to prevent burglaries. In one situation, they surrounded the suspects who surrendered their weapons without resistance as they left the victim’s home. Jawaun Graham and Tibia Hair were found guilty of committing armed burglary with a firearm.

      Brevard County Sheriff’s Office representative Jack Parker related that the task force has demonstrated effectiveness in finding criminals quickly to make communities safer. In addition, the coalition of agencies provides services to law enforcement personnel in other counties.”

      Based upon this information, it appears that Brevard County is safer from the likes of a rapscallion like Jeff Gray, exercising Constitutional rights, as “one of those people”. safety of Central Florida residents. As of June 1, 2012, they had initiated the arrests of more than 700 violent and dangerous criminals.

      Here here BCSO GOTF members, you are men of letters, keeping Florida safe one videographer at a time. Real American Heroes!

      • Dan

        FOUND IT! Gang and Major Epidemic of Violence Enforcement Response – GAME OVER Task Force. Our good buddy Sheriff Ivey has helped establish programs that utilize such fun acronyms such as LEGIT (Law Enforcement Getting Identity Thieves) and one of my favorites, the oxymoron SMART (Specialized Multi-Agency Review Team). They may want to utilize SMART in reviewing the Anon GOTF members actions and constitutional violations.

        However I came up with a few Acronyms of my own PUCKER UP (Pretty Useless citing Kodak Engineer Recording Uh-oh PHUCKED) and then PHUCKED (Paying Hefty Unambigous Cold Kaching Every Day), though sadly it’s the Taxpayer’s who end up paying.

        Share your Acronym

    • Fotaugrafee

      Pulled his license plate number & ran it through the system. That’s how. Same shit they do when they pull up behind you in an adjacent lane on the highway, and hover on your ass while they’re tapping away on their laptop keyboard (distracted driving, clear violation of the law in most states).

  • Bob

    It amazes me how can such Giant a55holes still be so full of 5hit.

    • Fotaugrafee

      It’s OK, bud, this is the big boy’s table. You can spell it out. :D

  • bj

    Bunch of thugs
    Any immunity should go out the window, one would think
    Bring them to justice Jeff
    –Message from Down Under–

    • Difdi

      What gets me about these sorts of cases, is that if the police chief claims the officers were just following official policy, the court will usually toss the lawsuit…

      But the court never considers that if it is official policy to violate the law, wouldn’t that make the police department in question a corrupt organization for RICO Act purposes?

  • Jeff D

    The first question that comes to me is this … with all the documentary evidence in the form of video AND audio and the fact that Gray clearly wasn’t violating or threatening anyone, is this the kind of event that warrants civil action against the police and if so, what generally happens to policemen who are so obviously in violation of citizen’s Constitutional rights?

    • inquisitor

      “…what generally happens to policemen who are so obviously in violation of citizen’s Constitutional rights?”

      Eh…a promotion?

  • Donald Williams

    Never let a good word about police be spoken in your presence. They are vile animals, every last one of them, they are either thugs like these pigs, or cowards who won;t protect the citizens form this scum. Everyone with a cop in their family should be ashamed, ans we as a country should be ashamed of our law enforcement.

    A pig is a pig is a pig, and they’re nothing but liars thugs and cowards.

  • Rob

    “Officer safety” does NOT trump the 1st and 4th Amendment!

    • jaybone

      The “officer safety” stuff is bogus. Police interactions are more dangerous for the citizen than the cop.

      • Ian Battles

        “The officer drew his gun, causing me to fear for my life…”

        • Difdi

          That’s how it would work on paper. In practice, courts don’t consider use of force against a police officer to be self-defense no matter how extreme the abuse of authority. I only know of one court that ruled in favor of a citizen in such a circumstance, and that ruling is only good in one state.

          • pete

            Happened here in San Diego back in the 80’s. Sagon Penn.

          • Difdi

            Ok, now I know of two.

  • Bridgett Cash

    FL is such a shameful state.

    • inquisitor

      A bit broad and simplistic.

      Law enforcement everywhere is in such a shameful state.

      • Bridgett Cash

        I agree problems exist all through the country with LE but FL is in the top 3 of corrupt states. Not just your LE but your entire political system there. Your Gov is a huge crook. Never understood why FL thought it okay to elect a crook.

        • mmdccbslm

          they stole the 2000 election. you need more evidence?

          • Truth For Students

            Do you need some cheese with your whine ?

          • Fotaugrafee

            Do you need some more cock to suck on, or did you run out?

        • inquisitor

          I couldn’t agree more concerning FL. I was born and raised in Fort Lauderdale, Oakland Park, Wilton Manors, Hollywood, Pembroke Pines and lived in Stuart/Jensen Beach for a few years.

          And having had a past in the drug underground I can tell you firsthand of the corruption of Florida LEOs concerning protection rackets, bribery, perjury, drug dealing, pimping, to outright executions.

        • Rail Car Fan

          “Bridgett Cash” said in part…

          “I agree problems exist all through the country with LE but FL is in the top 3 of corrupt states.”

          Just as a curiosity question: “What/who are the other two… and in what #1, 2, 3 position are they?

          Rail Car Fan

  • Sam

    We want a lawsuit! A lawyer would likely take this case on contingency because it’s a civil rights case, but if Jeff can’t find an attorney who will take him on, please let us know so we can raise money for costs and an attorney. I will donate, and I’m sure others will as well to teach these thugs that they are subject to laws like everyone else. Please don’t let these swine get away with this egregious behavior, and please Jeff don’t let the District Attorney talk you into signing an agreement not to sue in exchange for dropped charges. We can raise money to fight them if that’s what it takes.

    • inquisitor

      …oh and please get court authority to tape the entire proceedings, particularly the testimony of these officers.

      • steveo

        SA going to no-file, my bet unless the Sheriff drops the charges. He probably won’t, though. In FL, for misdemeanors and felonies, the SA has to file what they call information which are the formal charges. What he is charged with on the PCA is just a “recommendation” from the leos. But since the SA has a video of the whole thing, why would they waste their time. This is the same office that told the Attorney General to get a special prosecutor for George Zimmerman because they didn’t want to have anything to do with that. And for arrests like this, you only get prosecuted if your name’s Carlos Miller.

  • Rob

    Oh man my blood pressure was jacked up while I watched the video! Sue the shirts off their back!

  • Pádraig Pearse

    Fucking pigs.

  • Dian Pitts

    I want to know what Brevard county says about this. What the sheriff says about this. I want to know if this has been submitted to local tv stations. I want to know if his phone has been replaced by the deputy personally or by the sheriffs department. I want to know …more.

    • inquisitor

      ” I cannot comment on this case because it is an ongoing investigation, but the law was followed and the conduct of the officers was more than appropriate”.

      …signed…any commanding LEO in America.

      • Dian Pitts


      • Guest

        Oh my god. I guess I should thank you for making me aware of this story. But I don’t know if I really wanted to know this about my Country. I’m back and forth between profound sadness and anger after reading this. Pinac needs to highlight this story. As bad as what happened to Jeff here, this story about this violated man in Southern New Mexico is a wake up call to where it all leads if we don’t all become activists and stand up to the government and it’s agents violating our Constitutional rights.

        • Fotaugrafee

          OUR country. Please, get it right. :)

          Weeeeeell, consider yourself informed. This is the shit people are allowing to happen b/c they’re writing the cops a blank check for infinite authority & fist discipline in the name of “safety” & “security”.

      • Difdi

        After hearing such a statement so many times, you have to wonder what point such a statement would open you up to the RICO Act.

        If officers are repeatedly breaking the law and their commanders keep dismissing claims of wrongdoing because the officers were following policy, and the policy is itself illegal…

      • Fotaugrafee

        This was fucking disturbing, saw it on Carlos’ FB wall. WOW.

      • ccbarrpics

        This happened to more than one person during separate stops by the same police department and involved the same medical center. Here is another story by the same news outlet:

        Quoting from the KOB article:

        “Our investigation reveals another chapter. Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man’s body.

        Police reports state deputies stopped Timothy Young because he turned without putting his blinker on.

        Again, Leo the K-9 alerts on Young’s seat.

        Young is taken to the Gila Regional Medical Center in Silver City, and just like Eckert, he’s subjected to medical procedures including x-rays of his stomach and an anal exam.

        Again, police found nothing, and again the procedures were done without consent, and in a county not covered by the search warrant.”

    • Carlos_Miller
      • inquisitor

        Interesting from your second article link…

        “An agent from the Game Over task force arrived, whose
        identity is exempt from public record.”

        Does this mean he is entitled not to give his name and badge number when asked?

        • Jeffrey Marcus Gray

          Look at the arrest report the names of the officers is redacted.

          • inquisitor

            Ah yes indeed…redacted.

            Nice fiction in there about the people in the car being stopped all crying because of your presence.

            Your wife’s video shows the officer getting the passenger of the stopped vehicle to come out of the vehicle and performing what looks like may be a roadside sobriety test, but the video is not complete on this. But funny because he does not look like he is crying due to your presence of filming as the police report states. And unusual as to performing a sobriety test on a passenger but that is what it looks like was being initiated by the officer.

            I wonder if the occupants of this vehicle would testify they were in fear due to your filming the stop and were all crying as the police report indicated. Somehow…I doubt it.

          • harry balzanya

            You dont have a right to know the names of the defendant s your going to sue?

          • Tijuana Joe

            So if it did go to court and the Unknown Nazi was the star witness
            for the prosecution what would he do? Wear a bag over his head?

          • Jeffrey Marcus Gray

            Apparently they are the secret police!

          • Voice-Of-Concern

            I hope you guys bring to light the Public Record which declares GOTF exempt from public records. I suspect that what they claim, may be very different from what the actual rules are… Assuming that exemption is actually legally valid. Judges and juries frown on Secret Police, for obvious reasons.

          • Ryan French

            Florida law says undercover LEO information is exempt from public
            record. But the fact is these deputies were not working undercover at the time of your arrest. They were plainclothes, clearly displaying an agency vest and badge. I would suspect the BCSO explanation is that those deputies do conduct undercover work and identity needs to be protected despite what other capacity they’re in. This is a problem because I personally know LEO who do both routine patrol duty and participate in undercover units. Would they be exempt from public record as well? I would challenge the redaction of their names in court as well. Not only you will win a wrongful arrest suit but probably a FOIA/Sunshine Law suit as well. Double whammy.

          • Dan

            Sadly they’re claiming that GOTF Officer’s 1 and 2 are exempt from public record, as they are member’s of the task force. Not undercover. Not sure the “task force” moniker can be worn at all times, especially on a backup response to a traffic violation stop. Time to vacillate.

          • Fotaugrafee

            Woooooo, Seal Team Seven to the fucking rescue!!! Yee-haw.

          • Brad Wesley

            Jeff, perhaps you and your public records specialist guy should look into challenging this.

    • Fotaugrafee

      It “should” be replaced by the deputy, out of his personal paycheck. But since the taxpayers fund the pig patrol, it will just come out of their pockets, circumventing this cop, and he’ll learn nothing from the encounter.

      Take a house payment (or 5) away from this motherfucker, and he’ll get the message.

  • Ryan French

    You can’t order someone further onto private property and arrest them once they leave the property as requested. It doesn’t work that way.

    Also, when has someone ever attacked an officer while videotaping? This “officer safety” bullshit is abused on a regular basis. I don’t get to violate the civil rights of others and claim “citizen safety.” After all, my safety is just as important as everyone else.

    Also, the officer was never taken away from his traffic stop… so exactly how did Jeff interfere?

    Jeff, say hello to your new iPhone and hope you enjoy the vacation after you’re paid.

    • Zhaliberty

      “You can’t order someone…..” Well some coppers think they can, and they do. They do whatever they want, law or no law.

      • Fotaugrafee

        Lay down & lick your nuts, sheep. :D

    • George

      I think they should give him a new samsung galaxy s4

      • Chris Hewitt

        GZ one wouldn’t have broken, lol.Sorry you had to deal with officer one’s idiocy Jeff!

    • Difdi

      Well they CAN but it’s illegal. Of course, if nobody ever committed illegal acts, nobody would have ever invented police.

  • Virtualfrog

    Number one on the list from BCSO Investigative Support Uniton their Homeland Security page. FAQ.. “Surveillance – someone recording or monitoring activities, including the use of camera (both still and video)”

    I live in Brevard County. I apologize on behalf of all normal people here.

    • inquisitor

      …but surveillance as an indicator or suspicion of terrorist activity was never mentioned by the officers, nor was it related to any of the charges.

      • Virtualfrog

        No not directly this time. But it shows the attitude toward a camera by another force. They have been taught to watch anyone with a camera. Here we are full of tourists not terrorists. Cameras abound and cops are videoed all the time. This is far from the fist time for this type of action in Brevard. They don’t like it at all.

    • Fotaugrafee

      It’s only OK with the THOUSANDS of traffic cams they purchase with taxpayer dollars & use to keep an eye on everyone passing through their county in the interest of “safety”.

      Now let’s hold hands & sing Kumbaya.

  • kyle

    I am watching this and getting douche chills… Oh, what a bunch of fuckups… Yeah, I said it.

    While watching this, I wish I had the disclosure and reports of the deputies to get THEIR version of events — mostly because they will be incriminating. Ugh, I just heard “I didn’t do that to your phone. You did.” I mean, he knocked it out of his hand for no reason! Oh, and let’s not forget he was clearly walking away and complying with their orders.

    Let me say this succinctly and clearly: These cops have really screwed up.

  • rick

    How does the arrest report and the video match up?

  • dissentingd

    After watching this video a second time, my thoughts here are that this was a case of “young brass”. I wonder if there was a hidden police substation in that (or a nearby) slow-to-die Florida strip mall. (Its standard Florida LEO agency practice to locate them there). “Young brass” I would characterize as young eager smarter cops on a faster track, members of special SWAT teams and the like, above uniformed badges. They’ve been through extra training and think the know all the tricks to doing as they like and get away with it. This class of badges also don’t generally have the best relationship with jail admission badges. Here, maybe they responded due to the proximity and this ridiculous farce of justice resulted.

    This is some of the best they have at a local level, I’d guess.

    But they’re no match for a calm compliant, but informed, citizen.

    Jeff did wonderfully, as always.
    I feel terrible for his understanding wife.

    Its well performed examples of the flagrant disregard for everyone’s right that is present in our criminal justice today like this that are needed to effectively improve the situation for everyone involved. Cops jobs are easier with a willing populous. No populous will continually accept behaviors like these over time.

    I salute people like Carlos, Jeff and Joel for having enough.
    I encourage everyone, including you reading this now, to become more educated and hopefully more involved.

    Florida is not the problem. Its the example. Things aren’t much better where you are. You know this.

    This is a pandemic. And we must stand up, together. No one is above the law, not cops, politicians, or any other group who desires privilege. We are the check for balance. Evidence (cameras) is our tool.

  • Tijuana Joe

    Oh, okay, the plainclothes getup is to let cops do whatever the fuck the want,
    including not reveal their names, prevent photography, fabricate charges and break cameras. I always wondered why they did that.

    • Difdi

      The point of plain clothes/undercover clothes is to make them look like they are not police. If they have any skill at all at it, you won’t know them from a police impersonator when they come up to you making demands but refusing to show their credentials.

      Impersonating police is a crime — would it be illegal to treat such a suspicious individual as an impersonator if they refuse to prove otherwise? Nope.

  • Dan G

    Official Oppression…….case. 100% innocent…but…Photographer has a right to remain silent, but he apparently doesn’t have the ability. he should have just kept his mouth shut.

    • ClintJCL

      He shouldn’t have to.

      • Dan G

        There is a point where you don’t have to answer questions, etc……if you’re going to play this game ….know the rules

  • photoguy

    Wow. Just wow. The thing that stands out to me beyond the obvious many violations of Jeff’s rights is the officer’s own report that says “defendant was arrested without incident”, yet Jeff was charged with resisting arrest. This certainly speaks volumes about the voracity of the unnamed officer’s accounts of the incident.

    • steveo

      843.02 again. These moron cops don’t realize that we are experts in 843.02. So far, PINAC copwatchers are about 10-0 against leos who charge us with 843.02. I guess one of these days the imbeciles figure they can get a conviction and overturn the 1st Amendment.

    • photoguy

      That shoul obviously say veracity not voracity. Sorry about that.

  • harry balzanya

    Please from this point on refer to unidentified police as thug 1 and thug 2

  • Prisoner416

    Can we get a purchase link for that ear camera? I really want one of those for backup, now.

  • steveo

    Some cops are just morons. He says, “What story?” Dude, you’re the story. Don’t you fxxxing get it? You two just end up being the laughing stock of the morning meeting after all the other leos watch the you tube. Now these two “undercover” cops are all over youtube and will have to go back to writing speeding tickets and getting filmed by Jeff.

  • Ron

    They are THUGS.

  • Prisoner416

    Actually, links to the earpiece and body recorder would both be nice.

  • Ron

    So what if the driver and the passenger were crying because they thought Jeff was going to hurt the deputy (really??). Is Jeff responsible for their irrational state of mind?

  • steveo

    Another note to you cops in Brevard, a guy with a camera, is no different than another bystander without a camera. Read up on your case law, 15 to 30 feet away, not talking to the detainee, not talking too or inciting other bystanders, not talking to or threatening the police officer……. Sorry, guys, not obstruction. and a citizen can’t be charged with two counts of 843.02 because that would violate double jeopardy. You know how I know that? Because the SA in Brevard County wrote a very scholarly piece about it. These two were probably sick that day.

    • MongoLikesCandy

      One big difference between a bystander and a bystander with a camera. If you violate the civil rights of a citizen with a video camera, that citizen will have a video of you violating his civil rights.

      • Difdi

        Especially if you’re experienced enough with criminal behavior to have three video cameras and an audio recorder running to capture the evidence of their crimes.

    • George


    • proudGrandPa

      Thank you for the excellent analysis. None of the list in the first para can be applied to the photog based upon case law.
      Do you know if there are any possible conditions for a charge of obstruction in FL not a part of case law? Is there any possible way the DA could attempt to proceed?

  • John Lopez

    Most likely the word traveled about Jeff gray threw several state attorney offices and sheriff offices throught florida and FDLE has notified all law enforcement about Jeff.
    It was a obvious retaliation and the knew who he was from the getgo

  • Luc


    “Police records show the agent then
    contacted Cindy Flachmeier, director at the Community Service Council, which is the business where Gray parked his car and was standing in. Flachmeier said she wanted Gray removed from the property – he, his wife
    and their car weren’t welcome.”

    Can you guys interview Cindy and ask how the officer requested a trespass. Did the officer intimidate Cindy into a trespass? Why would Cindy want to trespass the Gray’s?

    An interview with the occupants of the vehicle would also be nice.

    BCSO Commander Jimmy Donn is also part of the problem, he is just as bad as the Officers. This dept is corrupt from the top down.

    • steveo

      My thought is that “Cindy” isn’t even the property owner. The property owner is probably some corporation in Nevada.

      • Ryan French

        Edit, disregard, saw your other post.

        • steveo

          “As used in this section, the term ‘authorized person’ or ‘person authorized’ means any owner, or his or her agent, or any law enforcement officer whose department has received written authorization from theowner, or his or her agent, to communicate an order to leave the property in the case of a threat to public safety or welfare.” (e.s.)

          This is the definition of person authorized. Has to be in writing so renters, employees etc might be “authorized” if they have something in writing from the property owner. In “Cindys case” I doubt it. Plus there has to be a threat to public safety.

          from attorney general:

  • io-io

    In reading the arrest report, it is interesting to note that at the bottom of the second page it states that “the defendant was arrested without incident”. If he was arrested without incident, how was he resisting arrest? The arrest report goes into great detail about the folks receiving a ticket – crying and fearing for the officer’s safety, along with the cellular telephone, and the rest of the details. Thus, in reading the report, the reader would have to believe that if there was any “resistance”, that would have been described and recorded. Since this is an official report and the arresting officer “certifies that the statements are true and correct”, one has to believe that the arrest was false for “resisting arrest”.

    The arresting report also states that after receiving the trespassing waring, that he was arrested “standing in the county right of way”.

    So, if Jeff is going to be arrested for trespassing for not instantly and directly complying, one has to believe that Jeff was in his mind, complying in the most direct way possible – by removing himself directly, and then attempting to call his wife (who had not received the trespassing warning), to move the car and herself from the parking lot.

    The arrest report is the most damaging item – written by and sworn as true and correct by the arresting officer. The arresting officer states that there was no crime and thus the arrest was bogus. The statements of the arresting officer must be true – he wrote them and signed his name. If he forgot something, then they are not true and correct, then its filing a false police report and the arresting officer then must be arrested.

    • steveo

      Actually according to FL law 316.003 (47), Jeff was standing on the “sidewalk”. Sidewalk is defined in FL as the area from the curbline to the property line. And in FL, the property owner himself/herself has to address the trespasser and ask them to leave, the leos can’t do that for them unless they have a written agreement on file. Doubtful that lady was the property owner, she is probably just a rent payer. Plus, Jeff left after he was warned.

  • ray brown

    Why didn’t you just sit in you car and observe? All the prancing around is just going to agitate things. Why didn’t you Just get back in your car and break off confrontation. You must learn to be discreet. It would probably be better in the long run. Your young you’ll learn- hopefully.

    • Guest

      You really think that’s the answer? We must stay in our cars. We musn’t walk on the streets while police are around for fear of making them nervous? Are you sure that’s the Country you want to live in?

    • Guest

      “Your young you’ll learn- hopefully.”

      He’s not that young. He’s 43. It’s not that old. But it’s most likely too late for him to learn how to be a coward like you.

  • You Sokk

    Looks like I found the spouses of these fine young officers on Facebook.

  • io-io

    Another point that I find interesting. If the police are allowed to lie, then how do you know when they are telling you the truth and making a lawful order? When Jeff was told he was trespassing – was the officer lying or giving a lawful order? Did the officers actually receive an indication of trespass from the property owner – or was that a lie?

    When Jeff was placed under arrest – was that a lie, and how could he tell?

    If the law allows for an officer to lie in the commission of their job, then it opens up all types of undesirable situations – for both the police and the public.

    • Ian Battles

      ” If the police are allowed to lie, then how do you know when they are telling you the truth and making a lawful order?”

      That…is a damn good point. Can any lawyers chime in here?

      • Difdi

        They are allowed to lie unless the lie is itself a crime, or causes the person being lied to to be entrapped. A good example of a lie that is a crime is perjury. Another example of a criminal lie is a violation of 18 USC 242.

      • CoweringCoward

        Like government, if cops speak, they are lying to you. People do what’s best for themselves by default, so if the gov is bothering to talk to you, IT IS LYING. Cops are the same, they exist to lock people away, they care not who.

        • Sanji Himura

          “The most feared words in the English language: I’m from the Government, and I’m here to help.” – Ronald Reagan (Paraphrased)

  • Tom Jankowski

    Jeff has grounds for a lawsuit with false arrest, destruction of property for two reasons off the bat.

  • BusPass

    Enough with the “officer safety” bullshit.

    The majority of LEO deaths are due to traffic accidents (not gunfire or being ambushed at traffic stops), yet the majority of officers refuse to wear a seatbelt.

    The fact is that they are playing a charade and playing the queen of drama card to bully people around. If they want to reduce the number of police officer deaths, they need to put on their seat belts.

    • inquisitor

      It would be interesting to know the statistics of how many officers are ambushed or attacked during traffic stops not by the person or persons actually being pulled over, but by casual observers.

  • Boffin

    the car has a clearly displayed sign for “Creative Aztec” (321)268-0817 I wonder if the driver would like to testify as well

  • Ron

    “I work for photographyisnotacrime”
    “Yes it is”

    The cop obviously just wanted to counter everything you said. If you had said it was a warm day he would have said it was a cold day.

    Some people just have to be ‘right’ all the time.

    • jaybone

      “Look what you did to my phone.”
      “You did that to your phone.”

      What a dick. The cop thought he was being smart by getting the lady to trespass Jeff. It pissed the cop off that Jeff didn’t stop filming, but moved to the public right-of-way. That’s why he was arrested. He didn’t do anything illegal; he just didn’t do exactly what the abusive cop thought he should do.

  • steveo

    If you’re really interested in a great explanation of 843.02 really is and does, read Davis v. Williams which is an 11th Circuit (federal) explanation of the wherefores on this law.

  • The Food Dude

    Jeff, amazing work!!! Very interested to see how this all pans out; but please don’t settle out of court, let this whole fiasco work its way through the Court System so that these unprofessional upholders of the law understand the basic freedoms for which we have in the United States. Greetings from Hong Kong.

  • Guest

    I do not live in FL so I have never heard of this task force before… I noticed on the police report the officers signed “Game Over Task Force”. How ironic.

    When I googed GOTF I found this great quote:

    “They have a very high success rate,” said Jack Parker of the Brevard County Sheriff’s Office. “They are very quick at getting the people they are looking for.”

    • inquisitor

      Amazing the streamline efficiency one can exhibit while making arrests with no reasonable suspicion, probable cause, an actual crime and a complete disregard for civil rights. Everyone is a criminal…the great stats for this department are endless.

      • CoweringCoward

        “Streamlined”, that’s a nuanced way of phrasing that for sure.

  • Herbert Napp

    “Oh you’re one of those guys” … do you mean someone who knows their rights? What a great officer.

    • CoweringCoward

      Rights not used become rights lost, too damn many ignorant sheeple in this county now, why are there “traffic stops” at all? I mean other than of trucks and cabs and other folks who the “transportation code” actually applies to?

    • CoweringCoward

      Every stop is in fact a “warrantless arrest, via emergency procedure”(flashing lights, and stopping cars near other fast moving cars, VERY DANGEROUS), I ask, what freaking “transportation code” violation rises to the level that this is ok?

  • Chris Hewitt

    Bravo to you Jeff! Keep up the good work! Expose every liar, thief, and abuser of power! I pity this officer’s wife!

    • CoweringCoward

      I don’t, she knows what he IS and IS with HIM.

  • stk33

    The best possible outcome for the videographer is that the charges are dropped, plus he can sue the city and get some reward.

    But as everybody knows, neither of that will have a slightest effect on the offenders. Today’s story at is “Cop Receives ‘Silver Valor Award’ For Shooting Man With Cell Phone He Mistook For Gun”, ‘nuf said.

    If the purpose of PNAC is to confront police abuse, I think, at some point there must be counter-punch in the form of criminal complaint against the officers. I think, this specific case has very rich material for the charging all involved officers in at least conspiracy to kidnap, plus I’m sure much more. All that is needed is to subpoena the stopped woman and property owner and find out the details of their resp. crying in fear of an imminent attack and of the convenient complaint on trespass.

    It’s understood that in all likelihood the government will decline to prosecute their own, but I think it has to be tried. The fact of the complaint will be noticed. If this tactic becomes routine, sooner or later some DA will actually go for it.

    It’s understood that the current PNAC’s mission of informing the public is very important, but I think, the ultimate goal is to translate that awareness into an action, at some point, and to go from the 100% defense to actually attacking the abuse. We live in democratic society, and we should be smart enough to be able to use the same bureaucratic machinery that works against us, against our abusers.

    • inquisitor

      Sounds like this could be very expensive and time-consuming as it extends beyond police tolerating and acting fair towards journalists while performing their jobs and not having their rights violated any longer.

      It is the next step that is obviously needed, but to actually go after and criminally prosecute cops and even corrupt politicians and such would require a team with competent attorneys and a lot of cash in reserve.

    • CoweringCoward

      Citezen grand juries, but you better take enough firepower to pull it off. All justice comes from the barrel of a gun, they for now win the gun count.