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Police Officer Running a muk

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megavid

Junior Member
What is the name of your state (only U.S. law)? Florida

Thank you before hand:

On June 24, 2014, at approximately 11:50am, Miami Beach police officer ER stopped me while walking from the beach area to the boardwalk. Officer ER exited his vehicle and called me over and asked me to place my hands on the back of his vehicle, asked me if I had ever been arrested, asked me if I was carrying any weapons or any narcotics., Officer then instructed me to place my cell phone which I was carrying in my right hand, on top of the vehicle. Officer ER then asked me for identification. Officer then asked me
“ who were you talking to before I stopped you?”. After answering the question posed to me, officer ER proceeded to handle the cell phone and then scroll through the calls, which the State of Florida Supreme Court has deemed unlawful without a proper warrant. Officer ER asked me to sit behind the vehicle, he relayed my identification information on his radio. When the radio/officer conversation paused I asked the officer if I was able to ask him a couple of questions, which infuriated officer , and proceeded to use profanities and emphasize how good he was at his job and how he did not just get a badge handed to him.

Officer ER warned me that there were 2 ways “it” can go for me, either I can sit in the back of his vehicle(inside) and he can think of some charges against me or I can just be quite and wait till he does what he has to do, officer then proceeded to reach into his vehicle and pull out a cell phone, faced me and said “Now what’s your question?” to which I asked; why was I being stopped?.

Officer ER then said I was stopped because I was not wearing “beach clothes”.(long nylon workout pants/cut-off t-shirt). An answer came back on the officers radio to say all was fine. Officer then asked me to take off my baseball cap and took a picture and then asked me to place my palms facing upward and snapped a picture, and said “You can go, have a nice day”

I Drove down to Miami Beach Police Department to file an informal complaint against Officer, with sergeant M who seemed very perplexed when I informed him, and in no uncertain terms informed me that taking pictures of a persons palms was not standard operating procedure.

Can I request that Officer ER’s cell phone be cleared of both my facial photograph and palms photograph?

I would like to file a formal complaint against officer for his emotional, irrational, and militant behavior. Officer ER threatened and intimidated me with verbal threats of “..find something to charge you with” into answering questions that I was not legally obligated to answer, but that I answered under duress

PS: I see this guy every mon/tue I go to the beach.
today, a week later he was behind me for about 20 mins.
he drives a Police SUV on the beach


thoughts and advice? Thanks

Thanks again....
 
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Silverplum

Senior Member
Easy to understand, but I/we have no connection to the author: http://kellywarnerlaw.com/florida-defamation-laws/

(Oh, and don't try to use words you don't know. "...a muk," indeed. :cool:)
 
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CdwJava

Senior Member
You can go to the police department and REQUEST anything. Whether they will seek to comply with the request is another matter.

You certainly can complain about the contact and the officer's behavior. He would then have to support his actions to his superiors. Whether he can or not, we cannot say as we only have your interpretation of events.

From your description it sounds as if this officer and other officers might have been investigating something - perhaps an altercation. Taking images of hands or palms can be a way of eliminating a suspect in anything from a fight to tagging (spray paint on the hands). There's no way to say what was going on, but, if you make a complaint perhaps they will come back and tell you what led up to this.
 
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CdwJava

Senior Member
"..an altercation"

palms/pic after all has been determined to be O.K?
Since you don't know what they were looking into, you don't really know when the investigation might have been complete.

As I said, you can complain to the agency.
 

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