Miami-Dade Cops Arrest Man for Video Recording them Making Arrest

Photography is not a Crime ^ | 4/10/14 | Carlos Miller

[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.

[Dr. Sivana]

The cameras are only going to get smaller and easier to conceal.

And more of them will upload to the Internet in real time.

[TheBlackSwan]

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

[Straight Vermonter]

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

[Straight Vermonter]

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.

[Straight Vermonter]

You have to show id. when they demand it

No! See my post 23.

[Straight Vermonter]

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

[sport]

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

[SoFloFreeper]

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.

[Straight Vermonter]

They get bolder and bolder.

[wideawake]

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.

[samtheman]

Public employees should be under public scrutiny.