Did Miami Beach police confiscate bystanders' cameras after Monday shooting?

-via CBS12.com

A Palm Beach County couple, Narces Benoit and his girlfriend, were enjoying a night on the town in Miami Beach when they happened to be on Collins Avenue and witnessed this police shooting, which was caught on video by a photographer and posted on You Tube.

Benoit recorded that same shooting with his cell phone camera. But he says a police officer ran over and grabbed his camera phone and smashed it.

"He didn't say nothing. He just snatched me by my head and threw me on the ground and stepped on my back, threw it on the floor, stepped on it and was cussing me out the whole time," said Benoit.

Benoit says he feels when police opened fire on that car in Miami Beach early Monday morning they overreacted, putting the lives of innocent bystanders in jeopardy, because someone could have been hit by stray gunfire.

"Yes they were runnin' and duckin'. A lot of people could've got shot. But thank god, a lot of people didn't," said Benoit.

The two of them say they had a very close call. But luckily were not hit by any gunfire.

Benoit says he plans to file a complaint against Miami Beach police for what he feels was excessive force. He says police also took cellphone cameras away from other bystanders nearby who had recorded the police shooting incident on Collins Avenue.