Thursday, May 30, 2013

DON'T STARE AT THE POLICE




Peaceful Miami Fans flocking into AA Arena for a family-friendly fun evening of playoff basketball.




As we who practice criminal law in Miami know, there is "felonious staring" and "misdemeanor staring" although the distinction is sometimes a bit murky, especially to laymen. The result however is predictable: the police will beat your ass. 

Such was the case covered by the Miami New Times here: 

Fourteen-year-old Tremaine McMillian didn't threaten police. He didn't attack them. He wasn't armed. All the black teenager did was appear threatening by shooting Miami-Dade police officers a few "dehumanizing stares," and that was apparently enough for the officers to decide to slam him against the ground and put him in a chokehold.


What are you going to do with today's youth? You tell them time and time again: "don't stare at the police" but do they listen? 
No. 

UPDATE: More on this story from Salon.


See You In Court. 

48 comments:

Anonymous said...

任侠団体 仁侠団体

Anonymous said...

Don't stare at me!

heat fan said...


Just got back from the AAA after watching a great night of basketball, Heat style.

I see Rump came out of hibernation, just as I predicted he would do once or twice this series.

When we lose, he knocks the players, and when we win, he knocks the fans. That's ok, we have the 3-2 advantage heading back to Indy.

So, Rump, what negative thing can you say about UD after tonight's game. The man just does whatever he has to do for his team. Whether its guarding a man, Hibbert, that he is giving up at least seven inches to, or knocking down those fifteen foot J's, he is the ultimate blue collar guy. He gave up something like ten million dollars and turned down a chance to play in Dallas so he could stay home where he has always been, (Miami High and UF).

Enjoying Round Three.

Heat Fan

GLENN MCBRIDE said...

I would like to contribute to the defense fund for TREMAINE MCMILLAN - The 14 year old child that was assaulted by a grown armed policeman for giving him "dehumanizing" looks and then felt compelled to take away, his liberty, reputation and future by charging him with a felony. Anyone that has information on how I can contact his attorney or family in order to contribute to defending this egregious abuse of power, please email me at glenn@mexicanlaws.net

Anonymous said...

Glenn,

According to the TV clip (in Miami NT article), Tremaine is being represented by the Public Defender's Office.

This is some serious Jim Crow sh-t. Once Tremaine's criminal case is resolved, I hope he'll find a good civil rights lawyer.

Anonymous said...

WTF - You can't stare at the police (especially if you are young and black), you can't take photos of the police because they may think your iphone is a weapon, and if you wander out of your house to see what is going on you may be shot dead by the police.

Anyone see anything wrong with this?

@Draculawyer (fake alex michaels) said...

I do more den stare at police. you bet your ass I tell dem vat I tink of dem.

Anonymous said...

A little justice building trivia:

1) the sitting judge who was a practicing dentist.
2) the miami dolphins football player convicted of trafficking in cocaine.

3)The former PD now a "b" list hollywood actress.

4) The former ASA who invested in his college roomate's crazy idea: You Tube.

5) The ASA who liked to prosecute the hot dog vendors outside the courthouse.

6) The last State court circuit judge from the REGJB to sit on the state supreme court.

7) The Dade Circuit Judge who is now a Circuit Judge in another county.


Anonymous said...

2. Merc morris
6. Gerald Kogan
7.lauren Miller

Anonymous said...

Tell me that pic in the tabloids at an LA nightclub is NOT Kotsin and Bar Rafael

Anonymous said...

1 Clyde (open wide) London?

Anonymous said...

NO. 1 was Sheldon (rinse and spit) Schmidt

Anonymous said...

3 Christina Brucato was a PD intern before moving on to hollywood. Half the judges in the building were hitting on her.

CAPTAIN said...


Lauren Levy Miller is retired. She does still serve as a retired jurist in Collier County, but she is not a sitting Judge in another County

Anonymous said...

Tremaine McMillan chose to walk away from a consensual encounter as it is his right to do. The police officer could not detain him for "unacceptable behavior" or " dehumanizing stares" because those actions are not cognizable as crimes under current law. They had no legal right to demand that he take them to his parents or to jump and beat him when he led him towards his mother. Sounds like Miami-Dade taxpayers will be paying him $$$$$$ on a 42 USC 1983 action.

a friend of the trialmaster said...

I believe lauren Miller is now Lauren Bordie and she is sitting as a circuit court judge in Naples. I recently tried a case before her. She is not retired and was a county attorney here in the past.

Anonymous said...

Who was a County Judge in Miami and now a sitting County Judge in another county.

Who is a retired Miami County Judge who is working almost full time as a Duval County Court Judge?

Anonymous said...

Isn't that the second time you posted that picture? Get some new material.

Anonymous said...

Laurean Levy Miller is now known as Laurean L Brodie and is a sitting circuit court judge in Collier County.

Rumpole said...

Much like the fed cj I am out of the district for a bit and limited or no wifi. You have to take the good with the bad in the city of lights. So no post for a few days but I will try and use 3g/4g or whatever to clear comments.

Anonymous said...

Rump! My stupid (hot but stupid) gf insisted I go meet her parents in Norman, oklahoma this weekend. Now I'm huddled in a basement there is a train roaring overhead and this could be it for me. From so be all the way to die at 34 in some okie dusty plain. What a sucky way to go. Pray for us.

CAPTAIN said...


5:49. You are absolutely correct. Judge Lauren L Brodie is a Circuit Judge in Collier County, and is the former Judge LL Miller.

Cap Out .....

Anonymous said...

We're still at the Feed Store shopping for fertilizer for the big June plow but will soon be on our way to Market Square Arena Rumpole and appreciate how you've been supporting our Indiana Pacers in their attempt to take your hometown team out of the NBA playoffs. You're a courageous man to go against the Heat and we will do everything possible to make you proud.


/S/ Your fans from Clodhopper Nation

Anonymous said...

5:03 - the answer is Marvin Gillman

Anonymous said...

Fyi RFB bad mouthing you and blog on jax courthouse blog.

Anonymous said...

I referred a case to that NYC law firm that advertised on your blog: Simon Bennett Robbins Oppenheim and Taft and they could not have been nicer. Its a med mal and they listed me as co-counsel so I can split the fee with them. Real class acts. I highly reccomend them. And for local med mal cases I only use Tex Macilheiny.

Anonymous said...

Grossman, Colby, Arronfeld, or Macilheiny for med mal.

Anonymous said...

Did two wrongful death cases with Tex. tried one. High seven figure recovery on both. But very picky about the cases he will accept. Makes it difficult to deal with. Also after all these years from out west he still needs to proceed pro hac vice when he goes to court. Also makes it harder. But believe me the insurance co he clobbered in trial wont ever forget him.

Former Judge (*happily enjoying life) said...

As a FORMER JUDGE, I have had the opportunity to have presided over trials involving cases where lawyers from Simon Bennett Robbins Oppenheim and Taft represented clients. There are very few Miami lawyers that could hold a candle to these folks. They have the charisma, intelligence, integrity and professionalism to "wow" any jury. They have won some enormous trials and their website speaks for itself. If I had a civil case, I would refer to them. I do believe that they use Phil R. as local counsel and then just appear Pro Hac Vice ...

Anonymous said...

I was pulled over a few years ago on I95 in rush for staring. The cop pulled a car over but didn't pull all the way into the hazard lane. About 5 minutes later as traffic is crawling he pulled me over. When I asked what for, he told me for staring at him. Welcome to Miami.

Rumpole said...

No talent no heart heat cannot close out series on the road. And the Pacers have already beaten them at home once..... Pressure is on.

Anonymous said...

Seems like spam about these firms to drum up business in a search engine.

Anonymous said...

The fla firm is opening with a famous miami partner :
Simon Shumie and Assoc LLC. PI med mal and a nice cigar when its all over.

Anonymous said...

This firm is talking advertising itself by having one idiot from their firm acting a a judge or an attorney referring a case. Wow, that is so pathetic- I would never refer a case to Simon Robbins Bennett Oppenheimer. Go to another blog and try paying for advertising. Pathetic!

Satisfied but sore said...

Simon Bennett got me a sweet half a million on a soft tissue car accident injury case. Then only took ten percent. These guys are the best and are real angels. I took my money and bought a mansion in costa rica to retire to. Bless them.

Anonymous said...

Simon Bennett is the only firm endorsed for competency and honesty by three former and two current fla supreme court justices. That's enough for me.

Fake Rick deeedman said...

Those bastards stole a case from me so I reported them to the bar. They should stay in NYC

Anonymous said...

Rumpole I demand you delet that liable and slander about a fine upstanding firm more interested in their clients than mere money. Now. !

Anonymous said...

Anybody notice that where Mishkin's old office was there's now a 25 story apartment building. The locals call is Miskin Towers.
Good ol Stu.

Anonymous said...

Im sitting here in a resort and the bar music guy just played John Foggerty'a Centerfield.
Cold beer. Hot sun. Cool pool.
I'm good.

Anonymous said...

A little sunday shumie. Good for you.

Anonymous said...

Rump six ways from Sunday they are trashing you on rhe jax blog. Sayin your identity and making fun of you and that you can't try a case. Egged on by the little snitch twerp RFB.

Anonymous said...

This blog ia the best.

Anonymous said...

Wow, Rump, you know those gaybashers, oh, I mean pacers, are a real class act. I really hope they beat the heat. Then they can bring their message of equality to the finals.

Anonymous said...

Why all the fake advertising of this firm? They need to get out of our blog

Anonymous said...

Best new tweet from @draculawyer fake alex michales is his riff this morning on getting ready for depos: "to get ready for depos today I either kick puppy on way into court or insult nun or better yet I scream at nun holding puppy"

Anonymous said...

Im a former APD and ASA and spent time with DOJ before entering the civil world and I agree that Simon Bennett Robbins Oppenheim and Taft is a top notch firm for any litigation matter. Im not sure why all of a sudden people are singing their praises, but I can tell you I have been seeing their results for over a decade. It is not like them to promote themselves, and as we all know, real lawyers dont advertise, so I think the testimonials you read above must be from actual clients.

Anonymous said...

Back in my day, in a more northern city, my friends and I would not think of even spitting on a sidewalk within view of a beat cop or we knew he would tear us a new a-hole. This was known and accepted, and if we ran home and told mom and dad a cop smacked us around for causing mischief, they would likely order us to the police station the next day to apologize. This was before cellphones and cameras, and for better or worse, we both feared and respected the police, and looking back, we walked the straight line much more often than we would have without this deterrent. I understand questioning authority and standing up for your rights, but there is a line. When a police officer approaches and you ball up your fists, what do you expect the response will be? Why are we so shocked that this young man was slammed to the ground? Is that what we teach our "child"ren to be an appropriate reaction? As for the County being exposed to liability for this, what are the damages? In light of the press coverage, it doesnt seem as if the family is concered about embarassment or revealing the identity of a minor.