Miami Beach Police Ordered Videographer At Gunpoint To Hand Over Phone
But video survived even after police tried to destroy phone
Update: Here is the video in question.
Miami Beach police did their best to destroy a citizen video that shows them shooting a man to death in a hail of bullets Memorial Day.
First, police pointed their guns at the man who shot the video, according to a Miami Herald interview with the videographer.
Then they ordered the man and his girlfriend out the car and threw them down to the ground, yelling “you want to be fucking paparazzi?”
Then they snatched the cell phone from his hand and slammed it to the ground before stomping on it. Then they placed the smashed phone in the videographer's back pocket as he was laying down on the ground.
And finally, they took him to a mobile command center where they snapped his photo and demanded the phone again, then took him to police headquarters where they conducted a recorded interview with him before releasing him.
But what they didn’t know was that Narces Benoit had removed the SIM card and hid it in his mouth, which means the video survived.
Benoit showed the video to Miami Herald reporters on Thursday, who described it in their article.
The three-minute video captured on Narces Benoit’s HTC EVO phone begins as officers crowd around the east side of Herisse’s car with guns drawn. Roughly 15 seconds into the video, officers open fire.
Benoit filmed the incident from the sidewalk on the northeast corner of 13th Street and Collins Avenue, close enough to see some officers’ faces and individual muzzle flashes.
Shortly after the gunfire ends, an officer points at Benoit and police can be heard yelling for him to turn off the camera. The voices are muffled at times. The 35-year-old car stereo technician drops his hand with the camera and hurries back to his Ford Expedition parked further east on 13th Street.
The video shows Benoit get into the car, where his girlfriend, Ericka Davis, sat in the driver’s seat. He raises his camera and an officer is seen appearing on the driver’s side with his gun drawn, pointed at them.
The video ends as more officers are heard yelling expletives, telling the couple to turn the video off and get out of the car.
“They put guns to our heads and threw us on the ground,” Davis said.
Benoit has not posted it on Youtube because he is asking to be compensated. But it sounds as if he won’t have much trouble getting compensated through a settlement with the police department.
However, he first must post the video for the world to see.
Benoit and his girlfriend also said police smashed several phones from other witnesses, so hopefully they were able to recover the videos as well.
The new details emerged a day after police announced they had found a gun in the car they had shot up.
It took police two-and-a-half days to find the gun in the Hyundai but they still haven’t determined if it was discharged that night.
For all we know, it could have been locked away in the trunk of the car.
Four innocent bystanders were shot during that shooting, most likely from police bullets.
Also, an hour after that shooting, another officer shot at a man who she believed was driving towards her. But he turned out to be allegedly drunk, which is why he was driving erratically and eventually into a police cruiser.
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Comments
I've long wondered when cops would "wisen up" and decide to destroy SIM and SD cards in a means to destroy evidence. I've got a quick lock system enabled on my phone so I can password lock it in an instant, but I really have no way of quickly and efficiently, without notice, take out my SD card.
While I hope this photographer does get his compensation, I really hope he shares the video with the world, so real justice can be served.
If only Eye-Fi made micro-SD cards. Rumor has it that they will find a stash of narcotics next, and then maybe some spent shells, and a bloody knife from an unsolved murder. They've just begun searching the car.
OOps! Looks like all of a sudden there is a break in an old BP robbery, the cops just recognized him. "Police also learned Thursday that he is believed to be the gunman in a November armed robbery at a BP gas station in which a clerk was shot in the face. Police say the clerk identified Herisse in a photo lineup after detectives recognized the slain 22-year-old in The Miami Herald."
What a co-ink-y-dink!
And the next day: Astonishing new evidence linking the slain 22-year old to being at the grassy knoll when Kennedy was shot! Police presented compelling proof in a press release earlier today that shows the man to have been the often alleged second shooter!
Don't be silly? A bloody knife.. nope they will find:
a) Jimmy Hoffa
b) The long lost scroll where Jesus survived the crucifixion and opened a small cafe in Bethlehem
c) Proof that Saddam was personally responsible for 9/11 and flew all the planes himself
4) Sarah Palin's High School Diploma
(OK I admit, the last one is pretty far out there...)
:-)
Saddam did not do that but he did KILL 30,000 of his own people with chemical warfare & at least 5 men had their arms cut off below the elbow.(they had mechanical replacement arms made for them in Houston)
Attacked Kuwait & a bunch more countries.
He was a Bad man
Saddam did not do that but he did KILL 30,000 of his own people with chemical warfare & at least 5 men had their arms cut off below the elbow.(they had mechanical replacement arms made for them in Houston)
Attacked Kuwait & a bunch more countries.
He was a Bad man
Saddam did not do that but he did KILL 30,000 of his own people with chemical warfare & at least 5 men had their arms cut off below the elbow.(they had mechanical replacement arms made for them in Houston)
Attacked Kuwait & a bunch more countries.
He was a Bad man
Don't be silly? A bloody knife.. nope they will find:
a) Jimmy Hoffa
b) The long lost scroll where Jesus survived the crucifixion and opened a small cafe in Bethlehem
c) Proof that Saddam was personally responsible for 9/11 and flew all the planes himself
4) Sarah Palin's High School Diploma
(OK I admit, the last one is pretty far out there...)
:-)
I'm wondering how he went from filming to getting the sim card out and into his mouth without the officer noticing... Is Narces Benoit a pseudonym for David Blaine?
He said they had unhandcuffed him once the phone was destroyed and returned to him.
Then he was transferred somewhere else. And during all that, another cop was shooting at a drunk driver, so that distracted these cops for a few moments, which is when he was able to do that.
The cops again took his phone at the other location, but by then, he had already removed the SIM
Bonus: While I imagine they will at least contemplate charging him with theft of evidence or destruction of evidence, they'd have a hard time convicting him. Because if the data is evidence, then their attempt to destroy it first would work against them.
And if it's not evidence, they'd have needed to subpoena a copy or have a seizure warrant, or they seized the camera illegally. Qualified immunity does not shield an officer from the legal consequences of committing armed robbery while on duty, after all.
I believe police have been using loopholes in anti-wiretapping laws to destroy and seize video evidence of their wrongdoings.
What!!! You mean that our government is corrupt and lies to us.........that doesnt happen......does it!!! I think all this was just a weather baloon that droped from the sky filled with ozone haze and what people thought was gun fire was the cooling of the baloon material.
Rance,
I'm just playing the scene out in my head, but perhaps after they smashed his cell phone he simply grabbed the SD card out of the wreckage and slipped it into his mouth.
I'm glad it survived; I once stashed an SD card in my shoe to avoid police seizure. But the card was corrupt when I finally got it home.
With the amazing success of this community on my project, and thank you so much, perhaps Narces Benoit would be willing to sell that video to the public domain through a Kickstarter campaign...
With it being an SD card rather than a SIM card, I can understand how he removed it so fast. I could easily remove the SD card from my phone while handing it to someone and they would never know it.
Rance,
In many phones that is the case, however in the case of the Evo by HTC you need to remove the battery cover, remove the battery, actuate a small lever that lifts the sd card and then remove it, most people with large fingers need a pair of tweezers to remove it.
http://www.androidcentral.com/how-swap-sprint-evo-4g-microsd-card
I think the officer did him a favor smashing the phone, it allowed him to more easily retrieve the card I bet.
Well I wouldn't really call it a favor, but I hear what you're saying... lol thanks
Are you kidding me? That is some ninja shit right there. He needs to release that video as soon as possible, forget about compensation, that can be used to bring down some serious corruption in that city.
It was an Evo, no SIM card, SIM does not equal SD.
Yes I no it makes little difference in the story, but facts are facts.
Considering how hard the SD card is to get out of the Evo I am surprised he was able to get it.
But I would love to see the video.
I sit here saying to myself, "yep the cops are fucked this time", yet here is a 22 year old man murdered for no apparent reason. There will be no justice and none of these cops will see a single bit of jail time, we will be lucky if they are ever even charged.
Simple fact is I no longer trust anyone in an authority position, I instantly think of what they could be hiding.
What we need is a video camera that directly streams, as you record, to a secure online databank. (where you would have your own account). So if the camera is destroyed the video will be saved.
I'm sure there's already a way to do this but if there is it isn't well known.
If you can, use QIK.
It does not always work, but I decided to test it and got the phone ready for the battery to be pulled, started taking video and streaming it live (so that QIK is streaming/archiving it), about 30 seconds in I pulled the battery, waited a few minutes for the video to be processed and it worked. It recorded right up till I pulled the battery.
That's pretty cool, I didn't know about that. I was sure the technology already existed somewhere but now I know man, thanks!
UStream also has an app that will do the job.
Qik software for Android.
A free app that does just that.
Secure server your account, you tube your account, Facebook your account, all while its still recording.
Can be found in the android market and is a free app.
Qik Plus for iPhone is free right now also. Did the same test with my iPhone by shutting it off while recording and it worked as well.
Put a QIK app on your cellphone, and an Eye-Fi card in your camera. Lets the camera sync to the phone via bluetooth, and the app uploads any video to server over the internet.
Here's another video of the shooting that cops didn't destroy, shot from several stories above the street-
http://www.liveleak.com/view?i=ef7_1306812064
Could that be Benoit’s white car reversing out of the intersection, top right, 0:10-0:13?The Herald article Carlos linked to mentions him and his girlfriend backing out of the intersection.
Do I remember correctly that witnesses to Oscar Grant's police shooting death said Mehserle's fellow cops followed up by running around the train platform demanding people hand over their cellphones? Wonder if they were ever returned.
Makes you wonder if illegally seizing and destroying video evidence is now a regular part of police officers' off-the-record training.
As usual, I found myself reading about police abusing their power in this manner with a mix of disgust and amazement. But I am curious as to why you chose to end the article with this:
"Also, an hour after that shooting, another officer shot at a man who she believed was driving towards her. But he turned out to be allegedly drunk, which is why he was driving erratically and eventually into a police cruiser."
This sounds like a completely unrelated incident, in which an officer may have reasonably believed her life was in danger (the car did, after all, eventually strike a police cruiser).
These little add-ons make me uncomfortable, and undermine the strength of the rest of the post. It changes the tone from one of attacking police brutality to one of simply attacking police, or authority at large.
Have to agree with you too. While it makes for great drama to villianize the police how about only popularize the incidents where they're clearly in the wrong.
If you read the rest of the Herald article at the very end it states WHY the police were in such a tizzy. The offender, who they killed, attempted to kill the officer who stopped him by running the officer over with his car as he then fled the scene.
You cannot expect anything courteous or civil to happen once a suspect tries to kill a police officer. After that all bets are off. And for bystanders close to the action - MOVE AWAY. That's why they have the lights and sirens, to warn you to get the hell out of the way. If you're going to film it, film it from your car if you just happen to wind up in the middle of it. Don't jump out and run closer to the action where a bunch of police are involved in a gun fight and manhunt.
Tried to kill the police officer??? Ran him over??? You DO realize they exaggerated that a teensy bit don't you? Is the cop dead? Is the cop in the hospital? Or did the car glance off one of the bicycles when it swerved in front of the car? From the video, it looks like at least two police opened fire on him as he drove off.
The fire chief was also shot up at about the same time and under similar circumstances. Wasn't other guy shot at by in the same area and time for having driven past the taped off area?
Point is, the cops are saying all these people charged at them with their cars. They start shootin' if you fart in their general direction. If there are multiple cops, it's bullet bukake time.
The point is that a blog post like this one can be purposed in two ways:
One is to attempt to bring to light the nature and scale of police abuse of photographers (and videographers), and demonstrate how these officers are often guilty of what -- to the general public -- are greater offenses, and are trying to keep these offenses quiet.
The second is to use it as link bait for those who wish to say negative things about the police. To make it about the number of comments and pageviews that can be generated by preaching to the choir.
My impression is that the general point of these is the former -- the blog seeks to raise awareness, in the hopes that action and change follow.
Reading the comments, however, I'm starting to wonder if the second purpose is actually at play. If so, it's a bit of a shame -- I'm all for a push for reform and more accountability for police abuse, and not terribly interested in tarring and feathering the concept of police as a whole.
Wow, that is a blatant abuse of authority. It can't look good that they were destroying evidence. This is why Qik is a good idea to have, or at the very least, a quick password protect.
(And yes, it was a SD card, not a SIM card. A brilliant move by the guy nonetheless).
Where is Johnny Law when he's needed to explain police actions?
As I've said before the public is more likely to be shot by police officers during a traffic stop than the other way around. In one night they shot 5 people, 4 who's only "crime" was standing on the sidewalk.
From where I sit I think they need to take all the firearms away from the police in South Florida and let them do the job without them. We would all be a lot safer and that's what the police are supposed to be about. Making the public safer.
I live in South Florida and I can tell you without a shred of doubt... if they did take away firearms from law enforcement officers this whole state would be total chaos.
JL is out there choke slamming the dancing citizens of the United States.
JTroll is out scouring the planet for his "Bill of Police Rights". He KNOWS Police have rights. Like the rights of FL cops to NOT be filmed killing citizens. That document must just be misplaced with the world's unicorns and candy rainbows. Not to worry with JTroll on the case!
I thought with blogs like this the world would be a safer place. I mean the murderous traitorous thugs KNOW they are being filmed. By us and their own dash cams. Yet the more of their tyrannical behavior that gets exposed the worse the cops get.
Lashing out at Citizens of the United States of America for being exposed for what they really are.
We ALL need to start dancing in the Jefferson Memorial.
Wow. The guy hasn't even commented on this one, and yet, you're making ad hominem attacks against him. Haven't you realized yet, that all you accomplish with your obsessive, irrational hatred of the man, who has not done anything except exercise his first amendment rights in this forum, is to make yourself look worse than JL ever did?
Disagreeing with you proves only that he disagrees.
Attacking him for it, especially posting attacks against him in threads he hasn't commented in, just makes you look like a frothing-at-the-mouth freedom-hating nutjob.
Okay. So?
It's still fun kicking trolls.
And ahhh... by the way. If you have spent any time at all on these forums you would know that the troll does so much more than simply "disagreeing".
XXOO
There's smart and nice, dumb and nice, smart and nasty, dumb and nasty ... then there's Miami Beach Police. Thank goodness that at least they're not smart.
Ancient Chinese secret:
Cops can best use the "Fog of War" defense if
all cameras are seized and destroyed.
Whoever has that video better stash away a few copies before the cops show up with a subpoena demanding it as "evidence" that will somehow mysteriously disappear before it sees the light of day.
nothing unexpected.
Nothing to see here.
Move along, move along - and turn in your cell phone on the way out, please.
It seems to me there will come a point in time (which was long before now), when you should be carrying two phones. One that is your every day working phone.. and the other which is your "non-service working beater" that you hand over to the Cops.. or the one they take from you and smash.
They're that dumb that they probably wouldn't know the difference when it happened. It seem like every garage/yard sale has a "beater" phone being sold for a couple of bucks. Cheap insurance I think.
Rail Car Fan
It won;'t he3lp, RCF. Eventually they will get wind of it, and handing over a cell phone will become probable cause for a pat-down to find the "real" one.
It won;'t he3lp, RCF. Eventually they will get wind of it, and handing over a cell phone will become probable cause for a pat-down to find the "real" one.
This is a great idea Rail Car Fan. I have a few old beater phones I will now keep in my backpack and car when out shooting.
Thanks for the tip!
Nemo, just curious why handing a dummy phone would be probable cause for anything? And how would they "eventually catch wind of it"?
the trend seems to me, to be going in the direction of every slave will be required to have a black box recording all actions, the police will not have to worry about what actions they take against slaves, only what actions piss off their owners, recorded on blue boxes.
Its not as if they are going to be held accountable in any way, even if they had a movie crew shooting with high speed cameras, from all angles.
This is why my phone is setup to stream LIVE to (at the moment) USTREAM. Cops would have a harder time deleting it there, and even if my phone is destroyed, the evidence is still there online.
It's possible some officers may go to prison for murder. The officer that destroyed the phone could be prosecuted for destruction of evidence.
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