The picture that drove a Coral Gables cop over the edge

[RagingInMiami]

In a story I've been following on my blog that is about to explode, a Coral Gables cop deleted the images from a photographer's camera after she took a photo of him on his motorcycle.

The cop then removed the memory card and slammed it on the ground before ordering her to leave the area.

The photographer, who has filed a complaint with the department, ended up retrieving the photo.

Check it out here.

http://carlosmiller.com/2008/06/26/the-picture-that-drove-a-coral-gables-police-officer-over-the-edge/

[Skink]

1. Maybe she should have asked.

[gateley]

3. Maybe he shouldn't have reacted so belligerently. nt

[drmeow]

4. Asked what?

[Skink]

5. IF she could take a picture.

[RagingInMiami]

7. Fuck that

She didn't have to ask.

[anigbrowl]

56. You don't need permission to photograph people in public

You do need permission to exploit such images commercially if the individual can be identified, but not if they're on the public dime. I work in film so I'm used to handling the releases and knowing when a signature is required for legal immunity (please do not read the above as a full statement of the law, it's just a summary).

[kevinbgoode]

66. Isn't a police officer a public official?

Seems to me that photographing one is perfectly legit to me.

[Dukkha]

9. a police officer who was out in public?

sorry no privacy rights violated there

[proud2BlibKansan]

15. Asked what?

He is a public employee on duty. Why would she need his permission to take his picture?

[izquierdista]

28. Sometimes,

Primitive people get very upset if you try to steal their soul and put it into a tiny box.

[Spouting Horn]

50. Hmm

Your world frightens and confuses me! Sometimes the honking horns of your traffic make me want to get out of my BMW.. and run off into the hills, or wherever.. Sometimes when I get a message on my fax machine, I wonder: "Did little demons get inside and type it?" I don't know! My primitive mind can't grasp these concepts.
"

[Bluebear]

21. Oh brother.

[Richard Steele]

34. Many court cases say she didn't have to ask.

Public servants in public places are free to be photographed
by anyone, for any reason. It's the law.

[Th1onein]

72. Even if they're not in uniform?

If they are public servants and they are out in public, can you photogragh them and use their image on a website, if they are not in uniform?

I ask because this info might come in handy soon.

[Richard Steele]

76. Sorry, that's a pretty esoteric query, and I don't know the answer to it. nm

[Th1onein]

81. I just want to know because.......

I would like to take pictures of the prison guards who participate in executions, and plaster them all over the internet.

Is anyone here a lawyer? I'd like to get some information on this question.

[The Straight Story]

36. And maybe they should ask before having people on cctv cameras

Or is it only us little folk that have to ask?

[RagingInMiami]

39. Exactly

[seabeyond]

47. asked? why. she doesnt have to for any reason and taking her property is

wrong, regardless.

asking is truly and absolutely irrelevent to this story.

ridiculous. a simply, what this cop did was wrong.

[yardwork]

48. If you want to live in a country where you have to ask permission to take photos of police

feel free to go join the Taliban. I live in the United States of America, which is supposed to have a Bill of Rights. That includes the right as a citizen to employ police officers who work for me and the other citizens, not for themselves.

A country where people aren't allowed to take photos of the police out in public is a country strikingly similar to the former Soviet Union. Is that what you want?

[Dogtown]

58. Why?

Public servant on a public street, "If he doesn't have anything to hide, then he has nothing to fear."



:rofl:

[SlipperySlope]

63. She should NOT have asked.

You do not need permission to document the activities of a public employee going about the public's business.

If he had been off duty, engaged in purely private affairs, then asking may have been appropriate. But not on duty, not in uniform, hell no.

[FiveGoodMen]

65. Would your namesake agree?

[gateley]

2. Wow -

That is WRONG. I didn't know that we're not required to turn over our camera or film/pics unless required by a court order.

[ColbertWatcher]

6. Ha, ha!

Truthiness has it now, baby!

[ColbertWatcher]

18. Parody is a wonderful thing...

Truthiness Encyclopedia

[ColbertWatcher]

25. ...so wonderful...

Truthiness Encyclopedia

[chknltl]

8. Was this cop kicked back on his bike using his cell phone?

Is it possible that the cop is concerned about his use of a personal cell phone while onduty...(if that is what he is doing in the photo). (I know that's not the point of all of this.) I support our men and women in blue but something smells fishy here on the part of this cop! I've been following your stories since you first started posting about them in the photography forum almost a year ago. Thanks for keeping things updated btw.

[RagingInMiami]

10. I suspect roid rage

[Triana]

11. I suspect just plain ol knuckle-dragging testosterone rage. n/t

[Seldona]

79. That's real enlightened.

What if this were a female officer? Would you support someone, say a male, blaming this on 'her rag?'

Sorry for the crude reference but 'plain ol knuckle-dragging testosterone rage?'

:rant:

[chknltl]

19. ROFL!!! "Roid" Rage

As a sufferer of...well...erm... let's just say I find this particularly funny. I suspect you meant 'road' rage. Likely you are right, I was just asking if the cop was deliberately trying to hide something that he thought got captured on film. I thought that perhaps his use of a cell-phone while on duty may have been something against precinct policy...who knows. His reaction was uncalled for and demands more than a slap on the hand!

As an aside re: road rage. I have noticed in myself that when I have a latte every morning, (like millions of Americans do) my patience on the road gets shot to hell! Everyone seems to be IN MY WAY DAMNIT!!!! OTOH when I gave up that morning latte, (and caffeine period), I find my drives far more pleasanter. This leads me to wonder how many caffeine addled cops we have out there on the roads.
I am willing to bet that there is a direct correlation between the rise of road rage with the rise latte consumption. Perhaps had this particular cop had a decaf with his donuts that morning things would have turned out different.

[Bluebear]

22. No, he meant 'roid rage' as in steroids

:hi:

[RagingInMiami]

23. I meant roid rage

As in steroid rage. It's very common down here for the cops to be on the juice.

[chknltl]

26. OH... thoooose kind of roids....

:blush:
In the immortal words of Rosanrosannadana: "Never-mind"

[Bluebear]

27. That was Emily Litella

What ARE we going to do with you? :hug:

[chknltl]

31. Well maybe if the cop had used this instead:

[China_cat]

29. That was Emily Littela

[chknltl]

32. I've heard that somewhere before...fairly recently actually eom

[China_cat]

42. Yeah, I guess we were both posting at the same time.

[lonestarnot]

70. I like yours better! Looks like he has roids. His seat on that hog looks unbecoming a copper.

:rofl: Looks itchey!

[CBGLuthier]

49. fishy?

How about just plain ol fascist.

There are way too many thugs like this wearing the uniform which is why I don't support our men in blue. Get rid of the thugs and then maybe I will. Zero tolerance for abuse of power.

[intheflow]

12. Nice to see you again, Raging!

:hi:

I'm glad to have read on your blog that you were acquitted on two of the three charges against you, though the third one and the judge's sentence is totally bogus. I hope your appeal comes through in favor of you. And I hope you're getting lots of photojournalism work to pay for those lawyers fees!

Take care of your bad self.

[RagingInMiami]

20. I consider it a victory despite that one guilty charge and that biased judge

After all, I was found not guilty of disobeying a police officer, which means I had every right to disobey their direct order when I was told to leave the area.

[dmr]

45. Too bad you didn't get in on the toy scam

You know, I read about that on your blog, so I did some Googling, and any information that was out there is now gone. I was able to find a snippet on a Miami Herald story at the Fla Politics website, but that was just about it.

There were plenty of articles on the judge getting her own TV show, though. Guess that's more important.
:sarcasm:

I worked at a large hospital in Miami (won't say which one in public) for over 20 years. I was repulsed at the few times I was asked for Nandralone (of which I had access).

Anyway, that cop on the motorcycle ... It could also be he was somewhere where he wasn't suppose to be. Being vigilant that the camera would also record the time and date, he got rid of the evidence.

I'm an ex-wife of a cop. I have mixed feelings towards them. Usually not good, sadly. I'll stand by any cop if they are fair and worthy. After all, we have them for a reason, and they do face challenges none of us can imagine. However, many cops should not even wear the uniform, let alone be out on the streets menacing law-abiding citizens. My ex, who I think is one of the good ones, referred to cops like the one on the motorcycle as "a cop with a hard-on". Someone who will get you just because he can.

Anyway, I'm happy to hear your case went well, and am glad you are going to fight that one guilty charge. You have to be extra careful. They tend to get meaner when provoked.

:)

[RagingInMiami]

77. They are really pissed at me now

My lawyer said this case is the talk of the courthouse. And I'm getting hundreds of page views from the Miami-Dade Justice Building, so I know the judge is keeping tabs on me.

[arcadian]

13. Cop smoking cigarette and talking on cell phone

[RagingInMiami]

17. The other cop looks like he is taking a piss

[reggie the dog]

52. oh no

how dare a cope smoke a cig and check his messages after riding to a courhouse and waiting to go inside and testify.....the horror;..

[arcadian]

53. He was actually guarding the spot

Where John Mcain's motorcade emerged from a hotel parking garage.

[reggie the dog]

57. ah

perhaps he was talking to headquarters?

[Dogtown]

59. reggie the dog

Way to deflect!

NO ONE criticized the cop for his stance or his dingaling. It's damned unprofessional, but not a cause for concern.

We are concerned about him committing robbery whilst on duty.

[SharonRB]

14. Hey, you!

Long time no see. How have you been? This could get really interesting. Let us know how it goes.

:hi:

[RagingInMiami]

44. I've been busy as hell fighting my own battles

and documenting the battles of others who have gone through similar situations.

Good to see you again.

[T Monk]

16. cops don't like their faces identified they're like other criminals in that respect

[China_cat]

30. But you can't really see what his face looks like.

Only a part of an eye and an eyebrow.

[T Monk]

33. the one and only time I saw his pic was about an hour ago and i am confident I could pick him out of

a line-up which is where i'd like to see him

[Bluebear]

24. OMG!!!!!11 Another dangerous image the cop deleted from her camera!

[catzies]

60. Thanks for the pic of the beautiful Poinciana tree!

This Miami native and alumna of Coral Gables High School appreciates it.

/end threadjack

[JeffR]

35. I hope you never stop raging

in Miami or anywhere else.

[RagingInMiami]

46. I'll be raging in my grave

[sandnsea]

37. So what happened

I didn't see whether you've gotten a sentence yet. Where's the logic in a guilty plea for not obeying a cop when you weren't found guilty of doing anything illegal for the cop to get involved in to begin with?

[Prefer]

38. The cops or Nancy Pelosi

who is worse?

[and-justice-for-all]

40. There is not a damn thing wrong with that picture.....

even if the cop did not want his picture taken, though you can not see his face, he had NO right to damage personal property like that.

It may be minor, but I would sue.

[riverdeep]

41. I'm not sure why the cop is upset.

The picture is not that bad. So he's leaning back and talking on the cell. Could be business.

Of course, I do understand. It hits them in their primitive response center as a challenge to authority, an affront.

I'm bookmarking your blog to look over, it looks fascinating. The thing is, I'm conflicted. I don't know if I'd like it if everywhere I traversed on public property people were flashing cameras in my face. It's a matter of common courtesy. You have the right to do it, but...

It seems you're doing something different, making a statement about citizen rights by confronting authority figures, and I respect that. But for the average citizen being surveiled, I don't know.

[RagingInMiami]

43. The average citizen is already under constant surveillance

Usually photographers don't photograph you in public unless you are somebody photo worthy or unless you are doing something photo worthy

[HughBeaumont]

51. Gee, SO hard to understand why police get that "Legal Gang" label.

UNbelievable. HOW is this "serving and protecting"? Whose job is it to weed out thugs like this from our police forces? Or is a short fuse a valuable asset?

[CatWoman]

54. I just wanted to come on this thread to tell you

that I think you're cute :)

[RagingInMiami]

78. Why thank you!

[lame54]

55. I sense another green screen challenge...

Imagine the backgrounds that could go behind him...

[pitohui]

61. ok i looked at the photo and i tend to think, good for the cop

i expected to see a newsworthy photo

you have no right to take someone's photo and use their image without their permission/signed release UNLESS there is a valid news reason or the person is a figure of public interest

this is just a random cop on his bike talking on his cell or walkie talkie -- i'm left going WTF can this be the correct photo?

how would you like it if some fuckwit came up to you and started taking your picture without permission? it's an invasion of privacy and frankly i'm inclined to say, good for the cop

it equally pisses me off when young kids (twentysomethings) take my photo in a bar or casino, i am not a famous person so fuck off, they have no concept of manners or boundaries and i'm not big enough to smack 'em down, nice to know that rude people do occasionally get their comeuppance

when i took photos, i always got a signed release since my photos were just illo for service items and not hard hitting news photos, it isn't just courteous, it's really sort of the law

my image belongs to me, i don't give up my right to my image just because i'm at work

as filmmaker dude upthread points out, it's a fine point because the guy probably can't really be identified the way his face is hidden, but assuming she does intend to sell her photos for profit, she was just rude rude RUDE RUDE RUDE, everybody gets to make money off the picture except the person without whom the picture wouldn't exist? it just seems good manners to ask permission, there are plenty of other cops around who don't mind being photo'd and interviewed, use their pix, going out of your way to use someone who doesn't want to be used just seems shitty to me

[RagingInMiami]

64. You are wrong on so many levels

i expected to see a newsworthy photo

First of all, this is a very newsworthy photo considering the cop deleted the photographer's memory card.

And even if he didn't do that, the photo could be used in a number of news article, for example articles on speed traps or maybe police overusing cell phone privileges.

you have no right to take someone's photo and use their image without their permission/signed release UNLESS there is a valid news reason or the person is a figure of public interest

Wrong. You have every right to take anybody's photo if they are in public view. Period. The only time you need a signed release is if you plan on using that photo for commercial purposes, for example, in this case maybe a motorcycle magazine ad.

how would you like it if some fuckwit came up to you and started taking your picture without permission? it's an invasion of privacy and frankly i'm inclined to say, good for the cop

It's only an invasion of privacy if that person has a "reasonable expectation" for privacy, for example in a bathroom stall or inside his home. This cop was sitting on the side of a busy road plain as day.

when i took photos, i always got a signed release since my photos were just illo for service items and not hard hitting news photos, it isn't just courteous, it's really sort of the law

No, it's not "sort of the law". There is no such thing as "sort of the law". It either is or it isn't. In this case, it isn't as I explained above.

my image belongs to me, i don't give up my right to my image just because i'm at work

Wrong. The images belong to the photographer.

[FiveGoodMen]

67. "my image belongs to me" -- Really? Who says?

[Downtown Hound]

71. You have absolutely no understanding of the law

You are allowed to take anybody's picture in public, and as long as there is no commercialization of it, then there's nothing that can be done. There have been many court cases about this, and they have all ruled the same way.

[kimmylavin]

75. Good for the cop?

Really?
He deleted her pictures and then destroyed her personal property.

On which level are you for the cop on this one?

[Rex]

80. Oh yeah, good for the cop. He destroyed her memory chip and

harassed her by erasing all her photos. Sure, right. Sometimes the pro-pro police lobby on DU gets a little crazy. :eyes:

[slampoet]

62. What an IDIOT! Doesn't he know that Flash Ram cards are nearly indestructible?

I carried a compact flash card in my wallet for 3 years and it outlasted the leather in the wallet.

[immoderate]

68. It's good to "see" you!

Missed you around here (DU). Glad that you are back.

Hey, I still owe you a beer. :)

--IMM

[lonestarnot]

69. Raging

Good to see you here. Have often wonder how you were in your absence. Heard you were having problems with the coppers who don't like photographers. Now I'll go back and read the entire thread here. :hug: Peace.

[asdjrocky]

73. And people still can't understand why I hate cops. nt

[Catherine Vincent]

74. Haha. No wonder he was upset. Taking a personal phone call.

Did he think that would get him fired? I'm sure he's allowed to chat every now and then on the phone instead of working. We all do it.

[Maestro]

82. Public official, image is not protected.

Plus she was not interferring with his duties. He was wrong and infringed on the her rights. Those guys in Miami are testy.