Miami Throws the Book at Photog


Photo by discarted

Carlos Miller was in a Miami court this week fighting for his constitutional rights. The freelance photographer was arrested in February 2007 for three misdemeanors (disobeying a police officer, disorderly conduct and resisting arrest without violence) while taking photos of police activity on Biscayne Boulevard.

Oh his blog, Miller writes that Judge Jose L. Fernandez apparently didn’t like his attitude in court and otherwise, so he gave him the harshest sentence possible – even though the prosecutor recommended just three months of probation and court costs. Miller got one year of probation, 100 hours of community service, anger management class and a fine of $540.50.

Judge Fernandez called Miller out for his lack of remorse and accused him of intentionally getting arrested to write about it on his blog and become a hero. Judge Fernandez said he should visit Arlington Cemetery to see some real heroes.

This response is so extremely tired – this blanket “veterans/military/we fought for you” crap. It’s amazing how often this is used by law enforcement and government officials. It happened last month to Discarted when he was approached by security guards for taking photos in the LA subway.

On top of that, after having my photo taken, Officer ******* then asked me if I was in the military and I said, “No, I don’t believe in the military.” He then exploded and said, “I fucking built this land you’re standing on! Get outta here!” 

So by implication, anyone who hasn’t served in the military doesn’t have the right to question the law or enjoy the protections of the constitution? That rationale has more holes than Miami’s porous border.

You can send your thoughts on what it is to be a hero to Judge Fernandez:

Court Administrator’s Office
Lawson E. Thomas Courthouse Center
175 NW 1st Ave Suite 3016
Miami, FL 33128

6 Responses to “Miami Throws the Book at Photog”


  1. 1 discarted June 21, 2008 at 4:27 am

    I don’t understand the crime of “disobeying an officer.” What does that mean exactly? Are we ALWAYS suppose to follow every command a police officer barks at us–no matter what? Particularly when we are not doing anything illegal, such as photographing them. It really bothers me that there isn’t an official organization/governmental body policing the police. On the other hand, when the people decide to do so with our cameras we are threatened, arrested, and throw in front of bias judges such Jose Fernandez where we are given cruel and unusual punishments that do not fit the crime. I personally think “Judge” F violated Carlos’ 8th amendment rights on top of the cops violating his 1st amendment rights.

    • 2 me July 27, 2010 at 12:50 pm

      Yes, discarted. ALWAYS. They always ask questions later, get it sorted out without being viewed as a “hazard” to police officers. Their jobs are hard enough. stop being a pansy.

  2. 3 discarted July 29, 2010 at 11:56 am

    “Their jobs are hard enough”

    Boo hoo.

    Find another job if you can’t handle it.

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