Why I Wasn't Arrested At My Alma Mater Last Week

“Why wasn’t Carlos arrested?”
I’ve received that question several times, either on Facebook, Youtube or Miami Beach 411 where last week I documented police at my alma mater arresting several students for attempting to host a concert on campus.
It’s a valid question considering how the Florida International University cops were randomly arresting students but were pretty much leaving me alone as I interviewed the students on camera as they were getting arrested.
I did have a couple of close calls with one cop who insisted I stay back for “officer's safety” but the handcuffs never came out (video below).
In fact, with the exception of that one cop, they pretty much ignored me, even as I asked them why they were arresting the students.
I think they left me alone because of my new camera, a Canon XA 10, which is the most professional (and professional looking) video camera I’ve ever owned, even though it is very compact.

The camera was a Christmas present to myself, putting me $2,000 in debt, but it’s already beginning to pay itself off considering I sold my footage of the arrests to Univision (who also interviewed me in that clip and yes, I speak Spanglish, not Spanish) and who now wants to use me as a stringer.
Not only did I have a shotgun microphone on the camera, which enabled me to capture audio from a distance, but I was wearing headphones and had my 5D dangling from neck as well.

The cops must have figured I was media and were smart enough to know that it would not have been wise to arrest me.
On the other hand, they are now being forced to explain why they arrested the students and their activist friends.
It all started when Occupy FIU students organized a concert on campus to raise awareness of rising tuition fees as well as commemorate the survivors of the Haitian earthquake, which struck exactly two years earlier.
They were joined by a few Occupy Miami activists, including a few who attend or have attended FIU.
And they had received permission from the university ombudsman to perform in a pit in the center of campus where musical groups frequently perform.
But when they started setting up, FIU police told them they would need a permit to perform.
So the students and the cops spent an hour negotiating as to what exactly is allowed in the pit.
At first, the cops said they could perform there, but without amplification, which the students agreed to do.
But then the cops said they couldn’t even do that without a permit, so they told them they could set up in another part of campus where they could perform without a permit.
The students had agreed to do this, but were not exactly packing up their gear and running towards the new spot.
But they were not performing either. They were just milling about as students do on campus, which is not illegal.
But the cops got it in their heads that they had to leave the area regardless, giving them a five-minute deadline to do so.
So as the students prepared to leave, one of them started talking on a megaphone, telling students to complain to the administrators about not being allowed to perform in the area where they originally had received permission.
The cops told him to turn off the megaphone, so he began doing the mic check that has become the common way of communicating at the Occupy encampments.
And that is when the arrests started taking place. Exactly five minutes after the five-minute warning.
But it was unreasonable to give them a five-minute deadline when they had all that musical gear to lug. They were in the process of packing it up when the arrests started.
At least six students and activists were arrested, including one guy who was moving a speaker.
The activists were charged with unlawful assembly/ interference with an educational institution, but it’s going to be hard to make those charges stick, judging by the university’s free assembly policy.
This pretty much is simply another case of contempt of cop where the students didn’t move fast enough for the cops’ satisfaction.
So check out the video of the arrests below in case you don't follow me on Facebook or Twitter where I've posted it several times already. And here is my story on Miami Beach 411.
And turn your volume down because it's a little loud. The mic is that good. I will address that issue as I get more comfortable with the camera. This is not my Flip.
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Comments
A perfect ending to this story would be ex-cops finding out they're not eligible for unemployment benefits due to being fired for cause.
Lol Carlos, I bet it WAS that camera which kept the cops from harassing you. There is something about flip type cameras that automatically seem to make people "not media" to both cops and the general public, and be less tolerated by both.
Seeing that in so many videos made me wonder if someone bought something like this: http://www.fisheraudiovisual.co.uk/images/cam1-lge.jpg and stencilled channel-9 news on the side of it if they would get less hassle about not being "real" media. Even better, have some cute girl holding a mic asking the questions.
You didn't get arrested because you backed up when you were told to by the police officers. Funny how that works.
Best line in this non-story?
"And that is when the arrests started taking place. Exactly five minutes after the five-minute warning."
Oh the shock and outrage!
JL I have been both a musician and on road crew and can tell you with just a club set up you can't even pack all the DRUMS up in 5 min, let alone amps, PA, mic's, cords, guitars, bass, and whatever other instruments the band has. Being an outdoor show those guys may have had even more equipment to pack up than what a typical band brings to a club.
No, 5 min was NOT enough.
So, the musicians should have complied with the order to disperse, even if it meant abandoning hundreds or possibly thousands of dollars worth of property in a public place?
Would the police have safeguarded such abandoned items from theft?
Not every order police issue is a lawful order, and no one is legally obligated to obey an unlawful order.
They should have at least started SOME EFFORT to comply instead of trying to stir up the crowd with their bullhorn. I saw no effort to comply.
But why should have they been forced out of that area if they were not playing music?
The whole issue was over the permit to play music. They weren't playing music.
Why did the cops have to give them an ultimatum that boiled down to leave that area or be arrested?
That's where they screwed up.
I can understand if they had started playing music with the amplifiers despite being told not to do so.
But as shown the other day, backing up when told to doesn't mean squat. You still get arrested for that.
The cops might have been a little more patient if they were actually getting their stuff together to leave but according to the author, during the 5 minutes they were given one of the students started yapping on the megaphone. Maybe that had something to do with why the arrests started.
Damn the Constitution, full speed arrest.
Stay back for Officer's safety? LOL! You're being a bit dramatic there aren't you young officer Fife?
Nope not dramatic at all.
Watch this video. It's a good example of why the police need to keep people away when they are arresting folks.
http://youtu.be/mTqIS6n_VKQ
In all the years I've been writing about this stuff, I've never seen a story where a guy taking pictures of cops suddenly attacks the cops.
It was pretty obvious what I was doing, which is why the other cops didn't say anything.
So since you don't have any knowledge of that ever happening, the police should just ignore anyone with a camera?
Most people don't usually walk up behind an officer and sucker punch him either but that doesn't mean the police shouldn't use caution.
I love how all of these people believe that you have to be charged with something to be arrested. In most states, charges can come up to 24 hours after the initial arrest.
According to the recently signed NDAA, charges need never be filed...
Florida cops are some of the most notorious cops in the country!!
The reasion is you are too well known and have a record of wining and embearsing them. Orders are out too "leave that --- alone".
Do police ever get disciplined for false arrests? This is absolutely ridiculous handcuffing students that were standing and watching and packing up equipment. The students were very polite. Good job Carlos!
Do police ever get disciplined for false arrests? This is absolutely ridiculous handcuffing students that were standing and watching and packing up equipment. The students were very polite. Good job Carlos!
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