Pixiq

Excellent, this video makes her actions look even more ridiculous. They clearly didn't care that you were there filming.

"One of my next steps is identifying the man below, who is the videographer I believe recorded my arrest."

Contact Miami Metro Homicide and ask for Sgt. Batista.

Has there been any response at all from the brass or the Mayor's office about this? I don't see much being said about this in the media either. Is anyone other than you getting this "out there" and shedding any light about this situation? I mean this was a complete violation of civil rights, and more, and it seems no one is taking this serious.

How could the cops want to make such a big
noisy spectacle and not be observed/photographed?
They need to rethink a new strategy that makes sense.

Don't forget about felony charges for the police officers:

918.13 Tampering with or fabricating physical evidence.—

(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:

(a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or

(b) Make, present, or use any record, document, or thing, knowing it to be false.

(2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

First of all, love the shoes. Shoes make the man. You probably didn't even have to take them off when you got to the jail because they look so much like the slippers they give us.

Good thing you're learning to do all this stuff like recovering files and defending yourself multiple times for resisting arrest before being arrested. I need to attend the Carlos Miller School of Photojournalism, soon. How much is the tuition? You have Columbia and Northwestern beat, that's for sure.

One thing is for certain. They can't tell you that you deleted the video prior to your arrest or during your arrest, since your camera is still filming when it is handed off to another officer.

Great work Carlos, I'm loving that camera!

In addition to 1983 claims, consider 42 USC 2000aa. It's often overlooked, but provides some additional protection in this situation.

Looks more like the Miami Dade Drum Corp

Carlos two things.

One I hope that you beat these charges and best of luck to you the rest of the way.

Two, you should write a book about all of you adventures dealing with cops while covering media gigs. Kids in J school and other disciplines should be learning about your adventures. Our rights are important after all.

Thanks for the great blog.

Maj Perez goes home takes a shower after nicking Carlos

http://www.youtube.com/watch?v=TV-owzMcZ4E&context=C36b2957ADOEgsToPDskI...

Great news!!!

However, it's upsetting to know that the settlement will be paid with our tax dollars instead of coming from Major Nancy Perez's own pockets. Which, is the next step in this long process of holding all cops accountable for their illegal actions.

And of course, we all know nothing will happen to this criminal.

You've got evidence tampering, false arrest and don't forget about malicious prosecution - they tried to nail you for resisting arrest after they destroyed the evidence showing you didn't.

Malicious prosecution can apply to cops, not just prosecutors, because the cops are part of the "prosecution team".

Carlos,

I don't doubt your version of events for second, but unfortunately, I don't think your video provides irrefutable evidence of your innocence.

I realize that legally, the burden isn't on you to irrefutably prove your innocence, or even to prove your innocence at all. Rather, the burden is on the state to prove your supposed guilt. But let's talk about how things really work. Obviously the cops in your case are going to lie (if they testified truthfully, they'd have to admit they arrested you for no reason). And during trials for lower-level offenses, it seems that most courts will accept almost anything cops say as gospel unless there's irrefutable evidence contradicting the officer.

While the video shows you as calm and definitely makes your version more likely, I don't think it provides the irrefutable evidence to overcome the pro-cop bias that the judge or jury may hold. Again, while I believe your version, the video doesn't show enough to demonstrate that it was impossible for you to be resisting without violence. From about 4:02 to 4:22, the camera is bumping around and we can't see any part of you. They could claim you were somehow resisting at that point.

I'm not saying you're definitely getting convicted. It may well be that some reasonable Assistant District Attorney will look at the footage and drop the charges. All I'm saying is that if you do end up going to trial over this, I don't think the footage is the silver bullet that some of the comments here are making it out to be.

In any case, keep up the good work!!

Steven

The rules of evidence vary by venue ... however the rules for chain of custody may make it difficult to introduce evidence of tampering or property destruction.

It boils down to whether Carlos can prove that the phone was ever really in police custody, whether he can prove they deleted it, or whether he can prove it was even actually deleted.

The video ends, and Carlos says his video was deleted, but will a judge and jury agree?

Expert witnesses will rule the day with this case. I certainly hope Carlos will prevail, but taking matters into your own hands tends to cloud the evidence trail.

This really makes her look like a fool. You were walking up and down among the lines filming, and no one cared. Good for you for recovering this video. Score one for the little guys!

It seems to me that your biggest challenge will be proving that you weren't subject to the dispersal order. Can't they just say that everyone, including media, had to leave the area, even if they weren't arresting every single person in violation?

Maybe more journalists should become familiar with the law as it applies to an unlawful arrest. The "lady" in uniform, in addition to violating your constitutional rights, committed an assault and battery, along with her colleagues. It's a crime that those who are charged with enforcing the law so regularly violate the law without fear of prosecution. It's unsettling to know that there are so many unprosecuted felons wearing uniforms and carrying weapons on our city streets.

A couple of comments by the courts in cases where the victims chose to exercise their right to resist their assailants:

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

And then:
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

Maybe someday, the law will be applied equally to all citizens.

Good luck to you.

here's some advice. Carlos did the right thing. If an officer tells you that you are under arrest, stand perfectly still and let them put the handcuffs on you, it takes two of them about 30 seconds. Never, ever, ever,try to physically resist arrest, you will get your butt kicked in. And most of all don't run. There is no reason to run. You want them to take you to see the judge.

Usually in this kind of confrontation, there is one of them in front of you, telling you you are under arrest and a couple or three behind and to the sides of you.

Don't say anything. If they yell at you or try to verbally provoke you (they'll do their best), just say "I need a lawyer", that usually shuts them up.They may even squeeze your genitals during the patdown to see if you'll fight with them. Don't do it. If they tag team you in the car, like they did me, just tell each one of them, you need a lawyer. Don't say "I think I need a lawyer" because that means to them that you are not sure.

Say slowly and carefully. Necessito abogado. And if they don't know what that means, say you need a lawyer. Don't ask them why they are arresting you, at this point it doesn't matter. Most of them have to look up some kind of statute in the book because they don't really know anyway.

In Miami, Dade most of the cops don't really know the laws anyway because they lead the nation in dropped cases, last year about 40K, most of them victimless crimes. Yes, it sucks to sit in the back seat of those cars, it's really sucks riding in the van designed for dog catchers, and it's incredibly boring waiting for the 1St hearing which they have to give you within 24 hours of arrest. But it's better than getting your butt kicked in which is just what they are waiting to do.

Case like this, it takes the judge 20 seconds to give ROR. Then the case goes to the SA who has a 100ft stack of unprosecutable cases and wonders if the police department hires anyone with over a 71 IQ.

Carlos, the first thought that came to mind when I watched this video is that Major Perez should never be put in charge of anything more complicated than a toy boat in a bathtub. My old man used to describe her type of "officer" as one who ended up getting a lot of people hurt, killed, or sued right into the ground. Your video shows this so clearly it staggers the imagination.

I can't imagine how anyone would put someone like her in any kind of position of command, particularly not in a situation such as the one you were covering. Once I heard that whiney voice it just confirmed how idiotic her status as a command officer is.

Then again, I am reminded of Moe Wanchuck's comment from "Slapshot", which seems appropriate.

Bravo, Carlos,
kw

In your case, their best defense is a strong offense. They will probably not kick this case to the curb. They will want a win so that you will need to appeal that. A win will also bolster their position against your lawsuit that they know is coming - from reading the blog. You know that they read the blog - from your first case.

I would think that they would probably pile as much on as they possibly can - with an offer of care to settle? We can just reduce this to a real simple "guilty" - and make it all go away. Now if you win - then it would be even a stronger case of malicious prosecution.

I see that some lady up in New York - I think, is suing for $100 Trillion......

And if we didn't need any more evidence that the heroes in blue give two craps about the constitution or their bosses or the courts, Here it is:

http://www.baltimoresun.com/news/maryland/crime/blog/bal-in-federal-hill...

this is going to go a long way to helping them win their lawsuit over Mr. Sharp, so what it's just taxpayer money who cares.

Carlos is wondering why a Police Media Specialist would arrest a journalist/blogger for working a story. Meanwhile, on the other side of the globe, Iran reports a stronger response:

Only last month, Mail Online reported how two Iranian bloggers had been captured and set to be executed, accused of 'spreading corruption' ahead of the parliamentary elections.

http://www.dailymail.co.uk/news/article-2099549/Iran-government-cuts-int...

You presume anyone who has her qualifications and experiance should slip Iran a resume.

OMG, So many policemen... how is this even possible? What do they normally do when they are not busy silencing peaceful activists asking for better world?

Good luck US citizens, there is a lot to be worried about :(

Greetings from New Zealand

Might want to look at "Zero Assumption Recovery" software, I have used it with great success and was very impressed.

How come cops have cameras on their cars and many street corners, but don't like it when they are being recorded? if they claim that footage can be edited to make them them look bad, the easy solution is to wear their own camera that records everything just like the cars do. it would reduce corruption too.

How come the cameraman for show "cops" never gets arrested? : )

I couldn't even stifle my laughter. Cops are such faggots. Look at them all confused, can't even stand in a straight line, completely unorganized. Let's all hold hands and walk around this city corner.

Cops are a complete waste of life. Cops are a complete waste of money.

Why don't they focus on the CRIME?!?!