Miami Beach Police Issue Policy On Dealing With Photographers And Videographers

[Bob Hubbard]

Tired of losing case after case from improperly handling encounters with photographers and videographers, several of which have been heavily published, the Miami PD has issued detail operating instructions to it's officers.

The policy confirms what many lawyers have already stated; that unless there are “exigent circumstances,” police must first obtain a subpoena before confiscating a camera.
The 5-page document also makes it clear that citizens have the right to record them as long as they are not interfering.
And it also stresses that police have no right to delete footage

http://www.pixiq.com/article/miami-beach-police-issue-new-policy

Excerpt of policy

A. The Department recognizes that the taking of photographs and/or videos by private citizens and media personnel is permitted within areas open to general public access and occupancy.
B. A civilian may video record or photograph a police employee’s activities as long as they:
1. Remain at a reasonable distance;
2. Do not interfere with the employee’s duties and responsibilities;
3. Do not create a safety concern for the employee, person detained, or other persons.
*****
X. Prohibited Actions
A. Employees shall not order or participate in the destruction of portable video and photo recording devices.

B. Employees shall not order or participate in the erasure, deletion or destruction of digital, analog or film evidence.
C. Employees shall not impede a person’s right to photograph or video record an event unless that person’s actions:
1. Endanger the safety of the public, employees, or property;
2. Interfere with an active crime scene; or
3. Create a reasonable safety concern.

​

XI. Statutory Limitations and Liability
A. Pursuant to federal statute, 42 USC Section 2000aa-6, it is unlawful for a sworn officer or employee, in connection with an investigation or prosecution of a criminal offense, to search for or seize the work product of a media photographer/videographer, unless:
1. There is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being; or
2. There is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate.
a. A search or seizure of the work product is prohibited when the offense is merely the withholding of such material.
B. Sworn officers and employees may be held personally liable in an action for civil damages for violation of federal statute, 42 USC Section 2000aa-6.
​

It's an interesting read, even if one doesn't like Carlos Miller. The Miami PD certainly doesn't.