Miami photographer Carlos Miller was found guilty of resisting arrest in a drawn-out legal battle over taking photos on a public street, but what is astonishing in this case is how the judge reacted. Even though the prosecutor asked for only three months probation and court costs, Judge Jose L. Fernandez slapped Miller with a year probation, court costs, 100 hours of community service, and anger management class. In court the judge told Miller he was appalled by Miller's non-remorse (for taking pictures in public?), body language during trial and chit-chat with his relatives. The jury found Miller innocent of disobeying an officer and disorderly conduct, but guilty of resisting arrest, according to Miller's blog.
The case stemmed from an incident Feb. 20, 2007, when Miller was doing freelance photography for a story about Miami's rapid gentrification. He came across several Miami police officers interrogating a man and began taking photos, on a public street. Police ordered him to stop and to cross the street. Miller identified himself as a journalist and noted that the street is public, then police threw him to the ground and arrested him. Before becoming a freelancer, Miller had worked for the Arizona Republic and other newspapers in Arizona, New Mexico and California.
The Society of Professional Journalists provided legal aid to Miller through its Legal Defense Fund. It's an outrage when the justice system forgets that people have a right to observe and photograph in public. The photographer was not interfering with anything. Just taking pictures. It's similar to the Albuquerque television cameraman who was arrested in a similar situation. See an update story last week stating that police will be required to go through training but the photographer still has a court date set for July 1 for failure to obey.
Tips for police confrontations:
If police attempt to prevent you from gathering information in a public place, object, follow their orders, then call their superiors and get it worked out. Stay outside of police tape with the rest of the public. If it's crucial you stay there, or there is no crime scene established, then you make the call (in consultation with your boss or lawyer if you have time) on whether to stay. But if the police arrest you, do not resist and be prepared to go to jail and potentially have to fight in court. Contact media organizations, such as your state press association and SPJ to get the word out. Write about it. The main thing is not to lose your cool. A photographer in Washington state had a heated argument where he got in an officer's face, their noses touched and so police charged him with simple assault and obstruction of justice. Fortunately, the charges were dropped, but it might not have worked out that way.
For more tips on your rights to public places and crime scenes, see the Reporters Committee for Freedom of the Press "field guide." Also see the RCFP guide to access to places, specifically the part noting that journalists are not immune to prosecution for ignoring police commands. For photographers, see the RCFP Guide to Privacy, the National Press Photographers Association Web site, and the Criminal Justice Journalists Web site (particularly their great guide to covering crime and justice). Also, the Dart Center has some great tip sheets for covering victims and crime scenes. Ultimately, stay cool but stay strong. Long after the confrontation is over, it's better in the eyes of a judge, jury, or the public, that you were the sane, level-headed person, and that the police were out of control and unreasonable.
When in doubt, consult your boss, organization's attorney, or the RCFP legal hotline, 1-800-336-4243. If you get in legal trouble and need some financial help, contact SPJ and submit a request for Legal Defense Fund help.
Published Thursday, June 19, 2008 12:10 PM by DavidCuillier
