Posts Tagged ‘PINAC 101’

Homestead PD Still Doesn’t Know Photography Is Not A Crime

Thursday, June 15th, 2017

Homestead Police Department (HPD), in South Florida, has myriad problems respecting the First Amendment. I went to HPD this week to serve some officers in a civil rights suit, the story was covered earlier. While entering I discovered that HPD still has not learned that photography is not a crime.
I covered HPD officer John Frank, last year, him initially claiming that I could not take his picture. He quickly backed down once I started recording the video below. HPD adopting a policy such as shown in the sign above makes it understandable that some of their officers would fail to realize that photography is not a crime.
[youtube https://www.youtube.com/watch?v=WixzsV0H-A8?feature=oembed&w=620&h=349] However, HPD officers such as Tony Sincore realize that it is our right to record them and to record within the station. The below video was taken by another local victim of HPD abuse.
[youtube https://www.youtube.com/watch?v=QeZ5Ioy1ZSc?feature=oembed&w=620&h=349] Photography Is Not A Crime, is not only our name as an organization, it’s the law. It is also part and parcel of our First Amendment right as Americans to gather information on governmental affairs. First, I will address briefly herein the legal issues of video recording with sound which is legally equivalent to audio recording. Then I will cover photography which is legally equivalent to video without sound.
The Florida wire tap statute, FSS. 934.03, makes it illegal to intercept an “oral communication”, i.e. voices, without the consent of all parties. In this way video recordings having audio and/or audio recordings could be a crime, in some cases. Yet, the definition, FSS. 934.02, of “oral communication”, excludes conversations having no expectation of privacy, see also State v. Inciarano. Additionally, what can be plainly seen or overheard in public is covered by the plain view doctrine.
Katz v. United States establishes that no person in the publicly accessible lobby of the police department would have an expectation of privacy. Further, it must be noted that Constitutional rights, such as privacy, protect citizens from

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Florida Man Fights Extensive Public Records Request Abuse

Friday, May 26th, 2017

INTRODUCTION
 
The City of Homestead has a torrid reputation, and a pattern of willfully refusing to comply with the public records law. Homestead is a little town at the southern end of Miami-Dade County, rarely receiving the scrutiny it deserves as a cesspool of public corruption and maleficence.
 
I have used the records request process, as a pre-discovery method for investigating my civil rights claims. Homestead has failed to comply with the public records law on the majority of the nearly one hundred requests I have filed.
 
Homestead has a pattern and practice of unlawful noncompliance as it relates to the records law including but not limited to: excessively overcharging for records, claiming inapplicable exemptions, creating automatic and/or unreasonable delays in production, claiming incriminating records do not exist, falsifying records and destruction of records.
 
Florida has some of the strictest public records laws in the nation. The records law is thoroughly explained in the Government in the Sunshine Manual (GSM), and the city owns several copies. Yet, you could be easily fooled into thinking otherwise, based on the behavior and actions of Homestead and their attorneys.
 
I hope the information provided herein, while extensive by nature, will educate the readers on the public records law and how some public entities create costly issues.
 
BACKGROUND
 
PINAC published the original story of my abuse by Homestead officer Alejandro Murguido, beginning in 2012. I was falsely arrested in April 2013, after attempting to file a complaint, and charged for simply asking my neighbor to not speed and recklessly drive his city owned police car, in our community. Children regularly play in the street, and Murguido had previously asked me to contact him directly versus filing a formal complaint with his department.
 
I met with Homestead Chief of Police Alexander Rolle to file a complaint in February 2014. All false charges against me had been dismissed shortly

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