Miami Beach PD Confiscated News Camera After Shooting (Video)

The second camera police confiscated during those chaotic moments

Miami Beach police confiscated the camera of a Local 10 news videographer during the chaotic moments after they shot and killed a man on Memorial Day, making that at least two cameras they seized after the controversial shooting.

The incident was caught on video and shows the officer gave no warning or explanation – other than there was a shooter in the area – as if confiscating the camera would somehow protect the videographer from gunfire.

The confiscation begins at 2:00 in this video and shows the officer seizing Jason Ely’s camera before tossing it in his trunk.

Police returned the camera later that morning, most likely because they knew Local 10 would have made an issue about it.

But this further confirms Narces Benoit’s allegations that police were confiscating many more cameras than his own.

Police do not have a legal right to confiscate your camera unless it was used in the commission of a crime, such as child pornography or upskirting.

Comments

The woman at the end of the broadcast said that "Police officers can confiscate anything they want that they consider to be evidence as long as they give you a property receipt."

Such crap.

Well, technically they can, right after they get the judge to sign a warrant to seize your property.

hal

@superhans:
i sent this to that reporter and ill let you know if i even get any response at all, which i dont think will happen.

[I was wondering if you ever did your homework after you made that mistake and stated on air, the the POLICE may steal someones property as long as they give a receipt for it!]

and if by anychance i do get any sort of reply, should be interesting!

I noticed that too Hans. Shameful. The way she reported things also makes me wonder if she isn't a shill for the police department. She certainly seemed quick to mention that the crowd across the street from her were singing the praises of the Miami-Dade PD, and that none of the victims of had filed charges against the PD... Yet... Charges are pending, I'm sure.

hal

@rance:
it is true, there are some that did bring complaints against the MBPD for what happened that Monday.
that one person was with his lawyer as stated by someone else here, i saw that video myself.
also, this is what Glenna stated to me in an email asking her about that statement claiming, the police have the right to confiscate a u.s.citizens property, and the only requirement is to give a receipt.
I replied and requested the "cite" of course, not being a lawyer/reporter, and didn’t know why anyone that was would use a cite, but not include it when replying to such a question.

just to say "fla. statutes allow" something tells me volumes right there. Us ole times call it reading between the lines

[he following is what was,in part, in her email.]

"Florida statutes allow law enforcement to confiscate evidence of a crime or commission of a crime."

The line about property receipts and can confiscate anything they want seems to not align with the 4th amendment. Saying that nobody has filed a complaint also contradicts the part where the guy is standing next to his lawyer. Hah. Do the reporters just spew what cops tell them without any other inquiries? These news reporters are obviously not wanting to upset the cops, possibly for fear of retaliation. A news org that cannot get near accidents or crime scenes would be completely neutered.

We've had problems with cops and when we call in to complain they even deny they have a cops with those names. "Alright then, I want to file a report of an armed man impersonating a cop, driving wildly drunk". The same little piggy pulled my brother over 300 times, never writing him a ticket. Glad that little piggy got clipped.

Wow, that actually passes for journalism there ?

hal

steeltoad:
I dont think it does, more like media bought and paid for, seems more like it! its disgusting what the MEDIA in the USA has become! whores of the system, cept for the internet, and what carlos does.
"[LONG LIVE THE INTERNET!]"

you may quote me!

Seems almost like a puff piece for the police department. No wonder Carlos isn't working for a news organization like that, they have no guts to protect their journalists.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

In defense of Glenna Milberg, she was the only TV reporter who reported on my arrest in 2007 as well as the only TV reporter to attend my trial.

I can personally vouch for her that she is a stand-up reporter, even though she was mistaken about the right police have to seize cameras without a subpoena.

She has also been a very strong supporter of PINAC from the very beginning.

I wrote about her in this recent incident.

http://www.pixiq.com/article/miami-police-assault-tv-reporter-to-protect...

Jim

They also added in gunfire from the car going through the intersection, the original video does not include those shots fired as the car speed towards the intersection.
Not only is this a complete fluff piece and full of misinformation but it is also falsified with added sound effects.

hal

Miami Beach PD Confiscated News Camera After Shooting (Video)

having said that, a friend had a very interesting view of this and stated "it is legal for the police to confiscate evidence without a warrant", if what they are doing is protecting the evidence. now adding to what my friend stated and what GLENNA said on the "AIR"!

they are both correct, now as soon as the police smashed the "cellphone" in an attempt to destroy "the evidence", it becomes a crime that the police should be charged with.

So, in part, GLENNA was correct if she wasnt reporting on what completely happened on MONDAY, but she was. and this, i think, makes her completely in the wrong!

what happened to the channel 10 news cameraman may have been legal, but what happened to anyone that had their CELLPHONE smashed by MBPD was illegal!
[i believe the smashing of the cellphones shows intent, and also makes what happen to the channel 10 news cameraman also illegal]

hal,

You're wrong. Police can't steal your property on site because you have video of them shooting a guy on a public street.

Can someone else please help educate hal on this issue.

hal

@DISCARDED:
i am not wrong, i didnt say that, Glenna Milberg, the channel 10 news reporter did. she stated that in an email to me defending her wrong on-air statement.

you stand corrected.... :D I strongly disagree with her and anyone else that defends that claim!

There was a photographer in Dallas at the JFK shooting
who claimed "authorities" seized and destroyed his footage, images closer than Zapruder captured.
Good to see Miami police are lining up with
such lofty characters in history.
I feel proud.
BTW Is the cop doing the "angry chimp walk" at :43
of the Benoit clip the same guy who seizes the
Brian Eli camera?

Florida cops tell citizen that 1st and 4th amendments don't apply to a mobile command center at a gas station.

http://www.copblock.org/5063/florida-troopers-claim-amendments-dont-matter/

Thanks for this. He asserted his rights brilliantly!

Even if a cop cannot legally take your camera, there is so little accountability pressed onto law enforcement that it really doesn't matter, they beat and terrorize and murder, and IF found guilty receive little more than a slap-on-the-wrist, whereas any other citizen who beats and murders somebody is guaranteed to get a harsher sentence than a cop for the very SAME crime! I think this situation should be the opposite, where an authority figure who is misusing their authority should, without exception, receive vastly harsher sentences than the general citizenry, BECAUSE they have such authority and responsibilities as law enforcement.

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