September 4th, 2009

Indiana police force catherization on DUI suspect after passing breathalyzer 0

By Carlos Miller

An Indiana man gets pulled over for suspicion of DUI. He passes a breathalyzer.

Police still believe he is drunk so they take him to a hospital, strap him to a gurney and force a catheter into his penis.

Then they stick a needle in him to remove blood.

When a blood and urine test determined Jamie Lockard was still under the legal limit, police charged him with obstruction of justice.

He is now suing.

September 4th, 2009

Cop shoots fire chief in court 0

By Carlos Miller

The sad part about this story is not the fact that cop shot an unarmed fire chief from behind during an altercation over speeding tickets inside an Arkansas courthouse.

Nor is it the fact that the prosecutors decided they are not going to file charges against the cop who pulled the trigger.

And it’s not even the fact that these same prosecutors are planning on filing misdemeanor charges against the wounded fire chief for his role in the scuffle.

We already expect that from our legal justice system.

The sad part is that there will no doubt be apologists will come on this discussion thread and attempt to rationalize the cop’s behavior.

They will say the fire chief had it coming to him because he showed contempt of cop to the seven cops in the courtroom by not respecting their authority by complaining about over the speeding tickets. They will say the seven Jericho cops feared for their lives even though they were going up against the fire chief who was obviously unarmed after entering the courthouse.

September 3rd, 2009

Louisiana sheriff retaliates against photog for posting provocative photos 0

By Carlos Miller


A Louisiana sheriff is retaliating against a man who posted pictures of a woman posing provocatively on top of a squad car as one of his deputies looked on.

But the man who posted the photos online appears to have been retaliating against the deputy for having testified against him in court for an unrelated matter.

In response to posting the pictures, Jefferson Parish Sheriff Newell Norman filed an arrest warrant against the photographer, Paul Poupart, on “retaliation and public intimidation charges.”

As of Thursday afternoon, the deputies have not tracked down Poupart – even though they were seen leaving his house at noon – but the media was able to track him down for an interview later that day.

“Because of them pictures. They looking for me because of them pictures,” he told a local TV station.

The pictures were taken two years ago outside a bar where the deputy was working off-duty security.

Poupart claims that the deputy in the picture, Steve Higgerson, was welcoming of the woman on top of his squad car.

The bar owner and sheriff claim that the woman snuck up on the car for the photos before she and Poupart were chased off by the deputy.

But let’s be honest. If he really didn’t want her on his car, he would have had his Taser or gun drawn. And the photographer would have been beaten or Tased or arrested.

The truth is, the deputy doesn’t appear too bothered by her provocative poses on his car. The woman was able to go from sitting on her ass with her legs open to getting on all fours with her ass in the air while the deputy doesn’t seem to move an inch.

Nevertheless, I really don’t see a huge crime in the fact that he stood by while the woman posed on his car. While some may see it as unprofessional, I see it as him being human and not sweating the small stuff. It wasn’t as if she was hanging all over him.

But since the photos were taken, Higgerson arrested Poupart for fighting in the bar. And he secured a battery conviction against Poupart by testifying against him in court.

So the day after his trial, Poupart released the photos to a voyeuristic  website called in the hopes that they would get the deputy in trouble.

Instead, the sheriff decided to go after Poupart for posting the photos.

“If individuals think that they are going to try and force a situation or stage a situation to put one of my officers in a compromising situation, we are going to put their butt in jail,” Normand said.

But Poupart did not break any law by posting the photos, so Norman is abusing his power. He should have just let the incident go with a verbal warning to his deputy to be more careful in the future.

September 2nd, 2009

Miami photographer almost arrested after taking photos in Dunkin' Donuts 0

By Carlos Miller



Jim Winters, friend, fellow photographer and operator of Nikon Miami, was almost arrested after taking photos inside a Miami Dunkin’ Donuts late Wednesday night.

He said he took a photo of a store employee who did not mind being photographed, but another employee who was in the background became upset and tossed a bucket of water on him, soaking him and his friend and damaging his $8,000 camera.

“I told her that if she was a guy, I would have slapped her,” he said.

After both parties called the cops, ten squad cars pulled up within seconds. He said the cops were going to arrest him for disorderly conduct and a felony charge for threatening the employee but after reviewing a surveillance video tape, they released him with no charges.

But he ended up detained for almost two hours while police sorted the situation out.

Coincidentally, the daughter of the store manager is a friend of mine as well as a reader of Photography is Not a Crime.

Suzy, who posts here under Magic City Mama, said the video camera will prove that Jim was taunting the employees mercilessly with his camera.

She said she will post the video on her blog once she gets it.

The incident started a little after 10 p.m. when Jim, his girlfriend and his friend Mark walked into the Dunkin Donuts at Biscayne Blvd and 52nd St., which is right down the street from where I was arrested two years ago.

He sent me a text message as the cops were sorting through the facts. We talked briefly, which enabled me to post something online, but we talked more extensively after he had gotten home.

This is how he explains  it.

His girlfriend, Lorna, was carrying a small puppy they had recently adopted. The employees ordered the puppy out, which was surprising because they did not say anything about the puppy the previous evening. Nevertheless, his girlfriend walked outside with the dog.

Lorna holding the puppy after they had been thrown out of the Dunkin' Donuts.

Meanwhile, one of the employees kept telling him not to take her photo. He said he was respecting her wishes not to take her photo.

But a second employee did not have a problem with him taking her photo, but the first employee was in the background and became irate and tossed the bucket of water on him.

According to Suzy (who has not seen the video but spoke to her father), the video shows that they refused to walk out with the dog when ordered to do so. She also says the video shows him continually taking photos of the employee who did not want to be photographed (but who apparently doesn’t have a problem being  filmed while on the clock).

Jim said that Dunkin Donuts were insisting that cops confiscate Jim’s cameras, but Jim said he deleted the photos he took to keep them from confiscating it. He ended up retrieving the photos using recovery software. The photo is posted above.

He said the cops told him he was not allowed back in the Dunkin’ Donuts, which is fine with him.


Jim Winters, right, photographs the Burger Beast as I photograph them both a few weeks ago.


I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar, which helps pay for the thousands of dollars I’ve acrued in debt since my arrest. To keep updated on the latest articles, join my networks at Facebook, Twitter and Friendfeed.

September 1st, 2009

Ohio student getsTased for partying too loud inside apartment 0

By Carlos Miller

Cops have a funny way of defining resisting arrest. Sometimes all you have to do is mentally oppose the arrest for a cop to interpret that you are resisting violently, which prompts him to pull out his Taser on you.

In my arrest, I was trying to explain to them that they didn’t have to kick my feet from under me and bash my head into the ground. I was trying to tell them to handcuff me without going through the whole charade of beating me up because I was not resisting.

But one cop stated that I was resisting and said that if I didn’t shut up, I would get Tased. So I shut my mouth. But I still got charged with resisting arrest as well as eight other charges.

In this video, an Ohio college student who was partying a little too loudly in his apartment drew the attention of police who banged on the door. It took them a while to open the door because you can imagine what college students were doing at 3 a.m. on a Saturday morning.

As soon as a female student opened the door, they grabbed her by her wrists and dragged her outside and straddled her. Then they made their way inside the apartment – probably without a warrant – and proceeded to Tase a student in an incident caught on a cell phone camera.

“Stop resisting!” the cop yells as he Tases the man.

“I’m not resisting!” the student yells, only to get Tased a few more times.

In the mind of a cop, the act of someone saying that they are not resisting means he is probably resisting.

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