The Fourth Amendment guarantees - as any grade school history student can tell you - the right of citizens "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."
Or, to put it another way, the police can't take your crap without a search warrant.
Earlier this week the Miami Herald reported that Chief Noriega has "created a new policy, (see document below), on how to handle citizens and the media who photograph or film police scenes."
From the story:
Under the new policy, officers must follow certain protocols in the seizure and search of portable video and photo recording devices. Civilians are permitted to record or photograph police as long as they remain at a reasonable distance, don’t interfere with police duties and don’t create a safety hazard.Miami Beach Fraternal Order of Police president Al Bello told the Herald "he applauded the policy, since the department had no guidelines up until now."
The policy states that an officer can stop a citizen who is filming who is “reasonably believed” to have captured something that has evidentiary value, but officers have to follow strict guidelines and cannot seize the camera without consent or without a search warrant.
This latest revelation is further evidence that Noriega is a slow learner.
Last month, Noriega was forced to recall "honorary police badges" he had issued to a few select friends after the Miami Herald learned that he'd given one to a man who had once been arrested for impersonating a police officer.
Noriega - a veteran cop - apparently lives in his own private universe and wasn't aware that people sometimes impersonate cops.
But, Noriega, according the Herald, "decided on his own to recall the honorary badges and identification cards ... after reading a June 11 Sun Sentinel article that raised concerns about police imposters."
Good job, Chief!
I'm sure the citizens of Miami Beach are sleeping soundly at night, safe in the knowledge that you are keeping abreast of the latest criminal trends by reading newspaper stories.
Miami Beach Police General Order GO #11-03