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National Press Photographers Association, IncThe Society of Professional Photojournalists 1100 M&T Center 3 Fountain Pla

Buffalo, NY 142Phone: (716) 566-1484 Fax: (716) 608-15

lawyer@nppa.o

VIA EMAIL & FACSIMILE JLoftus@mdpd.com (305.471.2163)

February 3, 2012

Director James LoftusMiami-Dade Police Department

9105 NW 25th

St.

Doral, FL 33172

Re: Arrest of Carlos Miller

Case # B12004076

Dear Director Loftus,

As general counsel for the National Press Photographers Association (NPPA) I have just beenmade aware of an arrest of one of our members, Carlos Miller, on Tuesday night, January 31, 2012 atapproximately 10:00 pm near the intersection of NW 3

rdAvenue and West Flagler Street. Mr. Miller is a

journalist who was covering the Occupy Miami movement events that night for Miami Beach 411,where he is also a senior editor.

Mr. Miller has been reporting on the Occupy Miami movement since it began and has a long

running blog Photography is Not a Crime, which also published this story. Mr. Miller works tirelesslyto point out to his reader that, as the title states, the act of taking pictures or recording in public is not

against the law; but he also makes every effort to highlight police officers who conduct themselves

properly as he did in a story published on October 30, 2011.

Although there were many other media members present on the night in question, we believe he

was the only one of them arrested. What is also disturbing is that he was charged with a single count ofviolating Florida Criminal Procedure and Corrections Law 843.02 Resisting officer without violence

to his or her person. Aside from a blatant violation of Mr. Millers First Amendment rights to record

matters of public interest in a public place we do not understand how, absent some other underlying

charge for which there was probable cause, a charge of resisting arrest can stand on its own?

While it may be understandable that your officers had a heightened sense of awareness due to the

nature of the circumstances surrounding that night, it is still no excuse for them to not recognize a journalists right to take photographs/record video of an event occurring on a public street. In addition

to the arrest, the fact that Mr. Millers cameras was unlawfully seized and while it was in police custody

an attempt was made to delete Mr. Millers recordings of the arrest are also extremely troubling. Webelieve that the recovered video of the incident will show that officers acted outside of their authority, in

violation of the First, Fourth and Fourteenth Amendments of the United States Constitution as well as

the Privacy Protection Act of 1980 and similar protections provided by Florida law.

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In a similar incident in Baltimore (Sharp v. Baltimore City Police, et al), the U.S. Department ofJustice recently filed a Statement of Interest saying among other things:

This litigation presents constitutional questions of great moment in this digital

age: whether private citizens have a First Amendment right to record police

officers in the public discharge of their duties, and whether officers violate

citizens Fourth and Fourteenth Amendment rights when they seize and destroysuch recordings without a warrant or due process. The United States urges thisCourt to answer both of those questions in the affirmative. The right to record

police officers while performing duties in a public place, as well as the right to be

protected from the warrantless seizure and destruction of those recordings, are

not only required by the Constitution. They are consistent with our fundamental

notions of liberty, promote the accountability of our governmental officers, andinstill public confidence in the police officers who serve us daily.

As our organization, founded in 1946 with over 7,000 members, has pointed out to numerous

groups and law enforcement agencies, photography by itself is not a suspicious activity. The reliance by

your officer to question, detain, interfere with, arrest, seize and attempt to destroy the property of

someone engaged in a lawful activity under color of law is reprehensible. At best behavior that chillsfree speech is extremely unprofessional at worst it is criminal. Law enforcement agencies are

established to uphold and enforce existing laws not to act in a lawless manner. Photography may not be

restricted in a public place by officers wishing to avoid the documentation of their actions.

NPPA stands ready to work with your department to help develop proper police-press guidelines

and provide improved training in order to avoid similar situations. In the meantime please accept thisletter as a formal complaint which needs to be fully investigated by your professional standards unit.

Additionally, we respectfully request that the charge against Mr. Miller be immediately voided or

dropped in the interest of justice. We further request that your department immediately issue ordersdirecting officers to cease such activity and also that your department implement revised training for all

officers regarding these matters.

Thank you for your attention in this matter. I look forward to your response.

Very truly yours,

Mickey H. Osterreicher

Mickey H. Osterreicher

General Counsel

cc: Hon. Carlos A. Gimenz (via email)

Hon. R.A. Cuevas, Jr., Miami-Dade County Attorney (via email)

Hon. Joe A. Martinez, Miami-Dade District 11 County Commissioner (via email)

Hon. Genaro Chip Iglesias, Miami-Dade Chief of Staff/Deputy Mayor (via email)Mr. Carlos Miller (via email)

Sean Elliot, NPPA President (via email)

Michael Koretzky, SPJ South Florida Chapter, President (via email)