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Miami-Dade Cops Arrest Man for Video Recording them Making Arrest
Photography is not a Crime ^ | 4/10/14 | Carlos Miller

Posted on 04/29/2014 4:30:19 AM PDT by SoFloFreeper

A Miami man spent ten days in jail for recording police arresting his friend, accused of falsifying his name when all he did was refuse to provide his name on the basis that he wasn’t doing anything illegal.

In fact, Lazaro Estrada followed the Miami-Dade police officer’s initial orders to scurry back inside a store because the cop insisted he was in fear for his life, claiming the man he had handcuffed was still armed.

(Excerpt) Read more at photographyisnotacrime.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Florida
KEYWORDS: donutwatch; freedom; liberty; video
I believe in law and order, but this, IF THE REPORT IS TRUE, is going too far.

I guarantee you if any Miami tv station showed up to record the arrest, the cops would allow it.

This is a precursor to LICENSING journalists....giving government the power to decide WHO gets to gather and disseminate information.

1 posted on 04/29/2014 4:30:19 AM PDT by SoFloFreeper
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To: SoFloFreeper

Ten days in jail. For essentially taking video of a public event.


2 posted on 04/29/2014 4:35:07 AM PDT by SoFloFreeper
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To: SoFloFreeper
Florida law allows police to demand identification if they believe you are loitering.

It's a very broad standard, and by refusing to identify himself he gave these cops a legal excuse to detain him.

This is clearly abusive, but he gave them cover he didn't need to give.

3 posted on 04/29/2014 4:39:29 AM PDT by wideawake
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To: SoFloFreeper

From the article;

“After they arrested him, they discovered he had a warrant out of Broward County for an unpaid traffic ticket, which resulted in him remaining in jail for ten days.

Perhaps Estrada can report Valdez to internal affairs now that the unit’s lieutenant has been arrested on felony charges that he assisted drug traffickers, including plotting murders.”


4 posted on 04/29/2014 4:43:40 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: SoFloFreeper
In fact, Lazaro Estrada followed the Miami-Dade police officer’s initial orders to scurry back inside a store because the cop insisted he was in fear for his life, claiming the man he had handcuffed was still armed.

Mr. Lazaro is extremely fortunate that he was not shot and killed, the same goes double for tha handcuffed man. Because when the phrase, "fear for his/her life", enters a cop's mind, the bullets start flying. Cops now fear for their lives at all times, even when in bed asleep.

5 posted on 04/29/2014 4:44:38 AM PDT by sport
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To: wideawake
Florida law allows police to demand identification if they believe you are loitering.

So say you are walking on the sidewalk and a cop demands to see your identification - if you ignore him he can say he thought you were "loitering," "resisting arrest" (by ignoring him), he "feared for his life" because you walked by without genuflecting toward him, which gives this dumb cop carte blanche authority to do whatever he wants to you ... wow!

6 posted on 04/29/2014 4:48:22 AM PDT by Ken522
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To: wideawake

He clearly was not loitering—he was actively involved in videotaping the cops.

This abuse ought to be stopped. Nipped in the bud.


7 posted on 04/29/2014 4:49:57 AM PDT by SoFloFreeper
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To: Dr. Bogus Pachysandra
Perhaps Estrada can report Valdez to internal affairs now that the unit’s lieutenant has been arrested on felony charges that he assisted drug traffickers, including plotting murders.”

Number one, Estrada is wasting his time reporting Valdez and endangering his [Estrada's] life at the same time. Because nothing will happen to Valdez and Valdez will tell his friends ant they will begin planning a badge killing for Estrada.

8 posted on 04/29/2014 4:50:32 AM PDT by sport
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To: SoFloFreeper

Over zealous security guard claims it’s illegal to take photos of courthouse

http://photographyisnotacrime.com/forums/topic/over-zealous-security-guard-claims-its-illegal-to-take-photos-of-courthouse/

I watched this video yesterday. I think it was on Drudge. Anyway, their website has a lot of cop abuse stories that they have videoed. I predict they will all be audited by the IRS very soon.


9 posted on 04/29/2014 4:50:40 AM PDT by ilovesarah2012
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To: ilovesarah2012

I don’t see why not, it is illegal to do anything now.


10 posted on 04/29/2014 4:52:08 AM PDT by sport
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To: SoFloFreeper

Cops are fighting a losing battle against public video. The cameras are only going to get smaller and easier to conceal.


11 posted on 04/29/2014 4:52:56 AM PDT by samtheman
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To: sport

I wonder how many laws we break every day and don’t even realize it.

“America has too many laws, and the laws we do have are tedious, overly complex and sometimes not only impossible to understand, but impossible to comply with. And that brings me to the question: If jurors can‚Äôt understand a law well enough to determine if someone broke it, just how do lawmakers expect citizens to understand it enough to obey it?

So if you are you looking for an exact number you’re not going to find it anywhere. My guess? A couple of million or more. Everything we do is governed even though we’re supposed to be the “land of the free” and I wonder if we’re collectively brave enough to change this. Maybe the young man in Arizona would still be alive. Then again maybe not…”

http://www.searchamelia.com/land-of-40627-laws-and-regulations-more


12 posted on 04/29/2014 4:57:34 AM PDT by ilovesarah2012
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To: wideawake
You have to show id. when they demand it. You don't have to answer questions, or back when the Government recognized the Constitution, one did not have to answer questions posed to them in a stop and frisk. However, since we are now, by popular demand, a Banana Republic, the police can do to the public whatever they please. As two Mexican ladies delivering newspapers early one morning learned the hard way.
13 posted on 04/29/2014 4:58:48 AM PDT by sport
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To: SoFloFreeper

Again, loitering is a very broad standard - making a personal recording is no more vital an activity than waiting for a friend or enjoying a cigarette.


14 posted on 04/29/2014 5:02:07 AM PDT by wideawake
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To: wideawake
In Texas, there is no requirement to show ID, according to Brown v. State of Texas where the supreme court ruled in favor of Brown.

I don't carry ID unless I am driving. Ever.

/johnny

15 posted on 04/29/2014 5:08:17 AM PDT by JRandomFreeper (Gone Galt)
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To: Ken522

Apparently they can also give you a rectal probe, because you might have drugs up there.


16 posted on 04/29/2014 5:10:19 AM PDT by Hugin
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To: JRandomFreeper
State laws on these matters definitely differ considerably.
17 posted on 04/29/2014 5:41:59 AM PDT by wideawake
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To: Ken522

That is common in Florida. Show your papers andd that’s an order


18 posted on 04/29/2014 5:45:18 AM PDT by autumnraine
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To: Ken522

There was a U.S. Supreme Court case in recent years out of Nevada.....I think it was the Hilber decision.....where the Supreme Court ruled that a citizen does NOT have to show their I.D. to police if they, the police, demand it, absent a crime being committed.

But the court did say that the citizen is required to tell the police his or her name if asked. Anyone familiar with this case?


19 posted on 04/29/2014 5:48:47 AM PDT by july4thfreedomfoundation (I don't want to feel "safe." I want to feel FREE!)
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To: SoFloFreeper

Seems cops want to be shot at. That will be the result of attempting to confiscate anything of mine illegally. ENOUGH OF THIS BS


20 posted on 04/29/2014 6:04:32 AM PDT by Crazieman (Are you naive enough to think VOTING will fix this entrenched system?)
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To: samtheman
The cameras are only going to get smaller and easier to conceal.

And more of them will upload to the Internet in real time.
21 posted on 04/29/2014 6:27:31 AM PDT by Dr. Sivana ("I'm a Contra" -- President Ronald Reagan)
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To: Crazieman

It does seem that’s where things are heading, huh? Surprised we’ve not seen it yet...


22 posted on 04/29/2014 6:35:42 AM PDT by TheBlackSwan
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To: july4thfreedomfoundation
There was a U.S. Supreme Court case in recent years out of Nevada.....I think it was the Hilber decision.....where the Supreme Court ruled that a citizen does NOT have to show their I.D. to police if they, the police, demand it, absent a crime being committed.

But the court did say that the citizen is required to tell the police his or her name if asked. Anyone familiar with this case?

Close. It was Hiibel. The court said that the suspect has to give his name if the police explain what he is suspected of doing.

Of course they can SAY they suspect you of kidnapping the Lindbergh baby or anything else they choose.

http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judicial_District_Court_of_Nevada

23 posted on 04/29/2014 6:45:43 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: wideawake
Again, loitering is a very broad standard - making a personal recording is no more vital an activity than waiting for a friend or enjoying a cigarette.

Also SCOTUS has determined that overly broad loitering laws are unconstitutional. It would be hard for the cops to use that as a excuse to arrest a guy who was in an area for just a few minutes and had a legal reason to be there, namely to make a recording of the cops.

24 posted on 04/29/2014 6:51:51 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: sport
You have to show id. when they demand it

No! See my post 23.

25 posted on 04/29/2014 6:52:34 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: ilovesarah2012
I wonder how many laws we break every day and don’t even realize it.

The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. -Ayn Rand

26 posted on 04/29/2014 6:54:31 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Straight Vermonter

Thank you for the information. For some reason I thought that one did. Again, thanks.


27 posted on 04/29/2014 6:55:37 AM PDT by sport
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To: Straight Vermonter

Actually, the guy with a camera owned the business where this was taking place...AND, if the video I saw on a local
Miami station was accurate, it appears the cops WENT INSIDE HIS BUSINESS to take a camera....someone was filming them from INSIDE, too.

I don’t like this one bit.


28 posted on 04/29/2014 7:09:03 AM PDT by SoFloFreeper
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To: SoFloFreeper

They get bolder and bolder.


29 posted on 04/29/2014 7:09:48 AM PDT by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: Straight Vermonter
Whether he had a legal reason to be there is immaterial - waiting for a friend and smoking a cigarette (in most US streets) are legal activities too.

The question is how the loitering statute is written.

30 posted on 04/29/2014 10:00:43 AM PDT by wideawake
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To: Dr. Sivana

Public employees should be under public scrutiny.


31 posted on 04/29/2014 5:33:50 PM PDT by samtheman
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