But code officials in the California Coachella Valley, a rural desert area east of Los Angeles, mostly met them with indifference, suggesting they begin documenting the dirt bike activity with cameras.

The Rosses main complaint was that the dirt bikes were too loud and caused unhealthy fumes that drifted into their yard. Mindy’s doctor even had to prescribe her medication to help her breathe.

After shooting several photos and videos, the Rosses gathered their evidence and filed a restraining order against their neighbors.

A judge denied that request.

So the dirt biking continued and the Rosses began suspecting that things weren’t kosher within the Joshua Tree Court system, according to the Desert Valley Star.

“It was really odd, as if they had insider connections with the courts and the Sheriffs,” Mindy said, “We’ve had our calls to dispatch cancelled, not by us but by someone high up over there. The dispatcher even told us they don’t have to come out if we call – that someone told them not to go out.”

The Rosses eventually gave up, not even bothering to take photos or shoot video anymore.

But then their neighbors filed a restraining order against them, complaining about the photos and videos.

A judge granted that request.

The restraining order prohibited the Rosses from photographing or filming their neighbors while they are dirt biking. It is effective for three years.

The judge also confiscated the Rosses’ videos and photos, sealing them from the court records and locking them in a court safe.

How terrible were these pictures? Were they riding nude?

“They were dressed in motocross outfits,” said Mindy, “They had on normal clothes, off road gear and helmets. I can’t figure out why those pictures had to be locked up. Now I have no evidence. Our attorney dropped the ball, totally.

He didn’t fight for me. Looking back it seems he might have been in cahoots with those folks. We asked him to but he never brought up what our neighbors were doing that caused all this in the first place.”

The Rosses decided to appeal, so they asked their attorney to recommend them an appellate lawyer.

He referred them to the same attorney who had just represented their neighbors.

Can you say shake down?

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Camel did not want to be photographed or videotaped enticing young adults into a lifelong habit of cigarette smoking.

By Carlos Miller
The one sure way to get me to photograph something is to tell me I can’t photograph something.

On Saturday night, as I walked down Lincoln Road in Miami Beach, one of the most visited pedestrian walkways in the United States, I came across an area run by Camel where they were apparently giving away cigarettes.

It was one of several promotional booths lined up along the sidewalk that were catering to the Super Bowl crowd.  The only reason it drew my attention was because they had hung up a sign that read “no photo or video.”

I asked if this meant inside the booth, where they were drawing pedestrians behind closed doors to charm them with their spiel, or did this “rule” apply outside the booth as well.

“Both inside and outside,” one of the vendors replied.

I immediately pulled my camera up to my face and snapped a couple of photos to rub their arrogance in their own faces.

And to my surprise, they both walked towards me as if they were going to physically stop me from taking these photos.

Then they stopped in front of me, perhaps realizing that a physical confrontation wouldn’t be the smartest thing to do.

I asked them where they got off on ordering people not to take photos from a public sidewalk.

They replied that they are “just asking people not to take photos.”

I told them that didn’t appear to be a mere suggestion but a direct order. And I asked them what they had to hide besides the obvious; which was the fact that they were trying to entice young adults into a lifelong habit of smoking cigarettes.

One of the guys muttered something about how they had to protect their “branding.”

Whatever.

Situations like this make me realize that I desperately need to get the Canon 5D Mark II which would allow me to switch immediately from still photos to video in less than a second to fully capture the intimidation tactics.

That night I had my 5D, the original version that has no video, along with my Canon TX 1, which is what I used to shoot the video from that night.

But the TX1 was tucked away in a belt pouch, which meant that I would have had to unzip the pouch, pull out the camera, open its view screen, turn the camera on, point it at my subject and begin filming.

And the fact that I first thought I was going to have to defend myself from these two Camel buffoons made it that much more inaccessible.

The best example of why the video mode is crucial when street shooting with a digital SLR comes to us from Rob Hurlbut, the San Diego man who had that run-in with those overbearing San Diego trolley guards.

This is how he explains it on his site.

Here is what I have learned from this experience. If an authority figure challenges you while taking photos or shooting video, be polite. Ask them if you are violating any law, and KEEP ROLLING during the transaction.

As a photographer, I hate to say it, but this would not have made the evening news if I wasn’t shooting video, so make sure to switch to video mode as soon as yo see an authority figure approaching you.

Now we know why video mode is important to us photographers… Not to add a bullet to your wedding photography resume, but rather to protect yourself and to show in HD quality just how your rights are being violated.

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By Carlos Miller
As far as we know, the photo first appeared on The Agitator, Radley Balko’s excellent blog.

From there, Coyote Blog turned it into the above poster and dedicated it to Photography is Not a Crime. And from there, it’s getting picked up by other blogs.

Although we don’t yet know the full story behind this photo, the image speaks for itself.

It shows that the crackdown against photographers is an international issue and that the right to take photos is one of the keystones to a successful democracy.

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By Carlos Miller
In hosting its 10th Super Bowl, the most ever by a city, Miami has fully hopped on the New Orleans Saints bandwagon, erecting at least one billboard and dedicating several bus stops in honor of the Who Dat Nation.

It is only fitting considering the Magic City and Crescent City are practically sister cities.

Both are hurricane-prone coastal cities built by immigrants that maintain a strong cultural flavor. And both party harder than any other city in the country, with the exception of Las Vegas, but that city has no soul.

As Doug E, a New Orleans native who lived in Miami for several years, explained on Miami Beach 411:

The mood of a city, like the mood of a song or an age in history, has a way of altering these habits and perceptions, if even for a moment, affecting those who fall under its spell, producing a culture in which the residents become mere players expressing an unseen regional rhythm.

Perhaps two of the most captivating cities in the US today are New Orleans and Miami; they’re very much alike, but the particular mojos they’ll cast on you are very different.

It is not surprising that Saint fans outnumber Colts fans about 50 to 1 in Miami. And it’s not surprising the Colts and their fans decided to stay in Fort Lauderdale. That city suits them better with its more mellow atmosphere.

Last night, Ocean Drive on South Beach reminded me of Bourbon Street during Mardi Gras, with the exception nobody flashed their tits for beads.

Maybe that will happen tonight after the Saints beat the Colts 38-31.

What’s your prediction?.

Be sure to check out my photo gallery and video from last night.

And if you like New Orleans style music like the street band in the video, check out the Miami Street Band.

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The journalist, Homère Cardichon, was on assignment for the daily Le Nouvelliste. He was photographing a demonstration by disgruntled Haitians in the wake of the January 12 earthquake. This is how he explained it to Reporters Without Borders.

“Six marines come up and surrounded me,” Cardichon told us. “Then they took my camera in my opened work bag and left with it. An hour later, one of them came back and photographed me. Then he returned my camera to me. I saw that the soldiers had erased some of the photos.”

The incident has enraged Reporters Without Borders, the international organization that documents, defends and financially assists reporters around the world whose journalistic rights have been trampled upon ( They even called me after my arrest in 2007 and were satisfied to learn that the Society of Professional Journalists had taken up my cause).

This is what Reporters Without Borders said about the incident in Haiti.

There is growing discontent in Port-au-Prince with the countries involved in the humanitarian relief effort, including the United States. In this case, the US soldiers reacted in the worst possible manner in an attempt to protect their image. Aside from being a flagrant act of censorship, it has done further harm to their reputation in the eyes of the Haitian population. The government has a right to expect an explanation from the US military and to hope that such an incident will not recur.

The incident needs to be investigated by the Marines because it contradicts its own honor code. At least the one outlined in the Marines’ Hymn.

From the Halls of Montezuma,
To the shores of Tripoli;
We fight our country’s battles
In the air, on land, and sea;
First to fight for right and freedom
And to keep our honor clean;
We are proud to claim the title
Of United States Marine.

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After all, these little towns scattered across the country depend on speeding tickets for revenue. And they prey on out-of-towners who rarely bother to challenge the ticket.

And then there’s Scott Colley, a former Air Force flight officer who began challenging his ticket from the moment he was pulled over in La Crosse, Virginia last month.

With a video camera, nonetheless.

And the surprising part is that even though the cop initially ordered him to stop filming, the cop ended up ignoring the camera altogether after Colley stood up for his right to film him.

In fact, Colley filmed him for almost 20 minutes as he debated the accuracy of the cop’s pacing method that was used to pull him over. The videos are below.

Although it appears he was lying about Colley’s speed, the cop comes across as a decent guy.

But that hasn’t stopped Colley from making an issue over the ticket,  launching a website highlighting the speed trap in La Crosse, a lonely town of less than 600 people in south-central Virginia.

Colley’s beef is that the officer used the pacing method to pull him over instead of a radar gun, which means the cop supposedly followed Colley’s car using his calibrated speedometer to determine his speed.

The cop told Colley he was driving 64 mph, 14 miles over the posted speed limit. Colley insists he had his car set on cruise control at 50 mph.

Colley swears the officer never paced him, but kept gaining on him from the moment he passed him in a Walmart parking lot.

The exchange between Colley and the officer is interesting because the officer even agrees to clock him using the radar gun to determine whether Colley’s cruise control is working. The radar gun clocked Colley traveling at 52 mph. Colley had his cruise control set at 51 mph.

The question is, why didn’t the cop use his radar gun the first time around?

I think we all know the answer to that question.

After Colley launched his website, he began contacting the local media about his findings, including sending an email to WAVY 10, an NBC affiliate in Virginia.

He received an email confirming they had received his message. And shortly after, someone named “Jeff” left a comment on his site, stating the following:

The only thing annoying on that video is you.

The officer should have kicked your dumb ass.

Jerkwad.

The IP address on the comment matched the IP address on the return email from the TV station. Click on the image below to see the details.

Colley called the station for an explanation and received an apology from the station manager seven days later, informing him that the matter had been “handled internally.”

It probably also means they are not going to report on the speed trap story.

Meanwhile, a local newspaper called the South Hill Enterprise that has an extremely difficult to navigate website wrote a story about the speed trap, discovering the town of La Crosse brought in more than $79,000 in traffic fines during the last six months of 2009, a significant number for a town with a dwindling population of 589.

Colley cut and pasted the story on his site, which is good because it’s impossible to find it on their site.

The December La Crosse Profit & Loss Budget vs. Actual report presented by La Crosse Clerk/Treasurer Tina Evans shows that from July 1, 2009 through Dec. 31, 2009, the current fiscal year, that the town collected $79,703 in fines.

During that same time period the town also collected $1,935.02 in Selective Enforcement Income. The town has in its budget to collect $94,300 through fines, this fiscal year.

The report shows the town is currently $180,045.25 over budget for this fiscal year, when anticipated revenue and expenses are subtracted from the actual thus far. There are additional revenues expected over the next six months.

Check out the videos Colley shot during the traffic stop.

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The video, which was released to WSVN and can be seen here, is grainy and does not show much detail.

But it shows enough to put Lamberti on the defensive.

“I know it’s his job to defend the people that he represents, but it’s also my job to investigate or to make sure that deputies are acting appropriately. I can’t do that if I’m going to get blind-sided or a surprised attack with something like this,” sheriff Al Lamberti said.

The truth is, it was most likely Gerald McGovern, the homeless man, who was blindsided in a surprise attack, even though the arrest report indicates the contrary.

An independent witness also contradicted the arrest report.

A witness, Roberto Aguilara backs up McGoverns claim. “They come on top of him to beat, and they kept hitting and hitting and hitting. I think it’s a long time, around two minutes,” said Aguilara.

McGovern, who has been arrested more than 69 times, is asking to be released from jail without bond because he is unable to pay the $1,500. The judge has yet to make a decision.

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By Carlos Miller
Rob Hurlbut was standing on the platform of the San Diego Trolley when he saw a group of armed security guards tackle a man for smoking a cigarette.

He began shooting video with his digital SLR, prompting a female guard to tell him he was not allowed to take photos.

Hurlbut continued shooting as three guards struggled to handcuff the man with one of them driving his knee into the man’s face.

The guards would tell the man to stop resisting but the man wasn’t resisting. He was, in fact, telling the guard that he was trying to cooperate, but they were hurting him.

As Hurlbut continued shooting, a couple of the guards positioned their bodies around the melee on the ground in an attempt to prevent him from filming it.

The guards finally handcuffed the man and walked him off. Hurlbut followed behind him with his camera.

One of the guards pointed at him and said, “Go over and get that guy right there.”

Another guard said, “Stop him from taking our picture.”

And another guard walked up to him and demanded to see his trolley ticket, which Hurlbut produced.

Here is the dialogue that took place between Hurlbut and the guard:

Guard: “All right, we’ve asked you not to take pictures, so no taking pictures.”

Hurlbut: “Am I in violation of the law?”

Guard: “Yeah, no pictures.

Hurlbut: “What about video?”

Guard: “No  no video. Nothing.”

Hurlbut: “Is it against the law?”

Guard: “We don’t want it.”

Hurlbut: “But it’s not against the law.”

Guard: “It’s against our rights. Please stop.”

Hurlbut: “Should I go over there?”

Guard: “We don’t want pictures taken at all over here, sir.”

Hurlbut: “But it’s not illegal.”

Guard: “We don’t want you taking pictures.”

Hurlbut eventually stopped filming and that satisfied the guards for a few minutes. But then they got back on his case, as he explains on his website.

ANOTHER trolley cop approached me about three minutes later & asked for my trolley pass again. He actually took it from my hand because he wanted to “check the authenticity.”

He then said, “If you miss the next trolley…” and shrugged. Then added “Do you get what I mean?” I said I did and made damn sure I caught the next trolley.

The incident occurred September 5, 2009. By September 18, the head of Heritage Security Services, the company that employed the guards, issued a public apology.

The story was reported on the local NBC station, which you can see below. Here is the apology from Ken Moller, president of Heritage Security Services.

“We have no right to tell people they can’t shoot (video) down there. My officers were wrong in telling him that. And I put that word out as soon as I saw the video. It’s a public place and people can certainly shoot video down there if they want to.”

After seeing the video, it’s a little surprising that these security guards are not cops. In fact, they are known as “trolley cops.”

But according to a discussion on a police forum, they are not sworn officers and considered to be beneath cops. Or as one officer put it, “not of the highest caliber.”

That is probably the understatement of the year.

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But that was before the Miami Beach Police Department started giving it a run for its money.

Besides shooting and killing two unarmed suspects in a span of four days last year (by the same officer, nonetheless) and building a reputation for racial profiling and unlawful arrests on Memorial Day Weekend, the Miami Beach Police Department is now accused of beating and wrongly arresting gay men.

In other words, they are being accused of hate crimes.

The ACLU on Wednesday announced its intent to sue the police department, citing an incident involving Harold Strickland, a gay man who called 911 last year to report two officers beating and kicking a gay man who lay handcuffed on the ground.

Strickland was assaulted and arrested himself in an incident that was recorded on a 911 dispatch tape.

Naturally, the police report contradicts the events that were recorded.

Officers Frankly Forte and Elliot Hazzi claimed Strickland was breaking into cars and took off running when they approached him. The recording proves that Strickland was cooperative with police.

Besides, when was the last time you heard of a car thief dialing 911 in the midst of a crime spree to report police brutality?

In its letter to Miami Beach Mayor Matti Bower, the ACLU also brings up the excessive arrests that occur every Memorial Day Weekend when throngs of young black people descend upon Miami Beach for the annual hip hop fest.

They are accused of arresting people for photographing incidents of police misconduct and seizing their memory cards and cameras.

If you remember, I was one of the photographers arrested by Miami Beach police last Memorial Day Weekend. This is from the ACLU press release.

MBPD officers also have an alarming history of arresting individuals, particularly African-American men and women, who witness police misconduct. During Urban Beach Week over Memorial Day weekend, the ACLU of Florida received reports that MBPD officers threatened and then arrested people of color who observed and photographed officers’ unlawful arrests. MBPD officers forcibly seized SIM cards from observers’ cell phones after they used their cell phone cameras to document incidents of police misconduct.

Besides the Memorial Day Weekend Blitzkrieg, the ACLU says there is an ongoing pattern of harassment against gay men, which might be surprising to some considering that South Beach has long been considered a mecca for homosexuals.

The announcement of the lawsuit comes on the heels of a Miami New Times article that described Miami Beach as one of the most dangerous places in Florida for homosexuals to live.

The article prompted criticisms from Miami Herald gay issues reporter Steve Rothaus and Miami Beach’s gay publication, Wire Magazine as being exaggerated and sensationalized with both publications stating the numbers cited in the New Times’ article were misleading.

But if it is true that the Miami Beach Police Department has an ongoing systematic pattern of unlawfully beating and arresting gay men, then it’s a sure bet those numbers were understated.

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Carlos Miller's political compass.

Johnny Law's political compass

By Carlos Miller
I was checking out Johnny Law’s blog the other night and discovered that he is actually quiet a centrist when it comes to politics.

At least according to the Political Spectrum Quiz he took. I took the same quiz and confirmed what I always knew, that I am left of center with a strong libertarian bent.

Johnny Law, on the other hand, leans more toward the authoritarian side. As if we should be surprised by that.

The quiz requires you to answer about 50 questions and it takes a few minutes, so I was hoping some of you would take the quiz and post your results, just to get an idea of where my readers stand politically.

I suspect the results will reveal a significant number of libertarians.

If the comment section does not allow you to post the code, then send it to me and I’ll add it to this post.

Update: Below are the ones which readers sent me the code for.

Booker’s Political Views
I am a right social libertarian
Right: 4.04, Libertarian: 3.88


Political Spectrum Quiz

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By Carlos Miller
A woman who goes by the username rose_peacock on Flickr tells the “funny story” of how a Fairfax County cop blocked her car, demanded her ID and ran it through the system before informing her that he was going to write a report on the incident because she was seen photographing a federal building.

That tells me Fairfax County police will always have a record on her as being suspicious. And will probably not hesitate to use it against her in the future.

Rose_peacock didn’t seem to have a problem with the incident because as she explains, “better to be safe than sorry.”

Safe from what? Terrorists or terrorizing cops?

While rose-peacock seemed to be amused by the incident, the people commenting on her Flickr post were not laughing and a couple even told horror stories of their own.

Mariah_morningstar said:

Last week Maxx and I were taking pictures of a building in the Woodlands (near Houston) when a security guard came out and asked us to stop. Apparently the building houses an oil company and they said they were concerned about activists taking pictures to figure out how to get in… (Green Peace).

And cnuicu said:

I had that happen to me at the city transportation depot in Greensboro, NC.

But the best comment came from discarted, the photographer who was detained by a Los Angeles deputy last year and accused of being in cahoots with Al Qaeda. And not just because he linked to my blog, but because he offered the soundest advice. 

you should’ve done what joel chandler did here.

http://carlosmiller.com/2010/01/25/federal-officers-twice-fail-at-intimidating-photographer-videos/

what state are you in?

you should research your stop and identify laws

Unfortunately, most Americans don’t have Chandler’s balls.

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Only time will tell when Officer David Smoker will erupt again.

Smoker’s temper violent has already cost Santa Fe taxpayer’s $15,000 from a lawsuit that was filed against him from the beating.

But that didn’t stop the city of Cuba, New Mexico from deciding to take a chance on him when they hired him in February of last year.

It is not clear why criminal charges were not filed against Smoker.

The video was finally made public last month, almost a year after he had been hired by the Cuba Police Department.

It shows two other officers just watching nonchalantly without intervening as he continually beat the handcuffed teen. They were also disciplined including one who lost his job.

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By Carlos Miller
In another shining example of how some people are unable to handle a little power, a security guard from Greyhound Bus forced a woman into the cold after she had voiced her complaints to a reporter about the company’s dismal service.

The incident occurred after a busload of passengers en route to St. Louis had been stranded in Memphis for four straight days without even a complimentary coffee from the company.

Greyhound blamed icy road conditions for the delay, but several buses heading toward Chicago were not delayed.

The security guard is so dumb that he probably thought he would get commended by the company for punishing the passenger for voicing her complaints to a TV reporter.

Instead, he has been suspended after the report aired on a local television station, then went national on several sites. He’ll probably get fired.

Greyhound told The Commercial Appeal in Memphis that they had been accommodating some passengers, but the ones interviewed on TV said they had done nothing.

Passengers were offered food discounts or meal vouchers on a case-by-case basis and some were offered refunds on their tickets and return trips to their original destinations.

A Greyhound spokeswoman told the newspaper that the televised report is “not representative of the company’s values as they relate to customer service.”

But according to Wikipedia, this is nothing new for Greyhound.

In recent years, Greyhound has been plagued by numerous customer complaints, including chronically late buses, rude employees, unclean facilities, unsafe conditions, mechanical failures and accidents. Buses have been known to arrive several hours after their scheduled departure time and employees have been dismissive and even verbally abusive of passengers who ask for help. Reports of lost drivers are also frequent. Calls to Greyhound’s customer service line (1-800-345-3109) go unanswered or are bounced from representative to representative without the customer’s issue being ever solved.

One particularly notable incident involved a passenger, Meg Stivison, being charged over $1,000 for a trip from Raleigh, NC to Asheville, NC due to repeated charging of her debit card. Ms Stivinson was unable to receive any response from Greyhound until her situation attracted media attention, after which Ms Stivinson received a form letter apology and a refund.

Greyhound security guard, right, forces woman into cold after she speaks to reporters.

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