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There is a mistake in the article. I did not refuse to show the officer my identification - I asked why did I need to. After the second request, I was reaching into my pocket to get my wallet when I was cuffed and lead away by 4 officers. Then they had my ID and called it in to check if I had any warrants - which I didn't. At that point, the officers should have let me go, but they didn't and I was arrested unjustly. I am happy that the case was dismissed, but it should not have happened in the first place.

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This is an article he wrote and it will be published in the national NORML Newsletter, here is a preview

Marijuana Petitioner Arrested on Miami Beach Gets Settlement from the City



by Budsy Fryer



    On Wed., Oct. 27, 2010, petitioner C.D. Flash was arrested on Lincoln Road Mall while collecting signatures for Miami Beach’s Marijuana Decriminalization Campaign.  Flash was working with the Committee for Sensible Marijuana Policy (CSMP) and standing on public property when 2 plain-clothed officers approached him and told him to leave the open-air pedestrian mall.  The petitioner was near the intersection of Lincoln Road and Meridian Avenue - he was about 10 ft. from the street and not blocking the flow of people walking.  Flash’s response was why should he leave when he had every right to be there.  He asked if there were any complaints and the officers said “No.”.  Flash replied, “So what’s the problem?”.  The officers left with a grumble.

    CSMP was gathering signatures of Miami Beach registered voters to place a citizen initiative on the Miami Beach ballot.  The initiative was working to change the law concerning misdemeanor possession on Miami Beach.  Instead of officers arresting people for small amounts of marijuana (less than 20 grams), they would be issued a $100 ticket without arrest or jail time.  This would be a major boost to the tourists and residents who would otherwise go to jail for a joint.  This would also be a sensible shift for the police who could focus their attention to much more serious issues.  The group needed about 4,200+ verified signatures to reach their goal.  At that time, CSMP only needed another 1,000+ signatures to qualify for the ballot.

    About 15 minutes later, the 2 officers returned accompanied by 2 uniformed officers.  As they approached, they started to take pictures of Flash as he talked with people.  The 4 police officers surrounded Flash and started to ask him questions.  Flash tried to keep things calm and explain that he was on public property collecting signatures and exercising his First Amendment Rights.

    Officer Pereira was the lead officer and asked for ID.  Flash asked why.  The officer asked again, but took a more aggressive stance as the other officers closed in on him.  Flash told the officers that had no warrants and was no threat to them.  Flash slowly shifted his backpack then took his clipboards and placed them between his knees and started to reach into his pocket for his wallet when Officer Pereira grabbed Flash’s hand and started to cuff him.  Another officer took the clipboards from between Flash’s legs while another officer grabbed Flash’s other hand as another took off the backpack.  The officers quickly escorted Flash away from the growing crowd around them and moved to the police car in the middle of Meridian Avenue. 

    The police proceeded to go through Flash’s belongings and continued to question him about the petition drive.  They searched for weapons and drugs - they even threatened to cite Flash’s hemp belt as marijuana.  The police checked Flash’s ID and verified that there were no warrants.  There were no drugs or paraphernalia.

    Much to his surprise, Flash was then arrested.  He was charged with Disorderly Conduct and cited for having a large crowd around him.  This was strange since the crowd was formed when the police surrounded him.

    Flash was booked and pre-processed in the Miami Beach Police Station around 8:00 p.m.  He sat in the holding cell and waited until 3:00 a.m. to be transferred to the main Miami-Dade Detention Facility.  During this time, he wasn’t allowed to contact anyone to let them know that he was in jail.  After being transferred and processed to the Miami-Dade Detention Facility, Flash had limited access to make a collect phone call around 4:00 a.m.

    Flash was told that he would be in front of the judge later in the day and he would have the opportunity to have a pre-trial arraignment.  After a series of cell transfers and staying up all night, Flash was finally able to have his minute in front of a video screen judge.  He plead “Not Guilty”.  If he plead “No Contest”, he would have gotten credit and time served, but he felt like he did not do anything wrong and should not have been arrested at all.  In fact, he planned to be back on Lincoln Road collecting signatures again - just as he did for the many months before this incident.

    At one point the judge mentioned that the police may have had an issue with the nature of the petition and that is why they arrested him.  Flash pointed out that it was not up to the police to decide on who has freedom of speech or not.  The judge agreed and said that the case would go to trial.

    Flash was eventually released from jail.  Unfortunately, his wallet, phone, backpack and most of his belongings were not transferred to the Downtown Miami facility.  By the time that he was released from jail at 5:00 p.m., the Miami Beach Property Return Center was already closed at 3:00 p.m.

    Once home, Flash wrote about the experience and sent it to the CSMP organizers.  One of the campaign managers sent the letter to Norm Kent, the legal representative for the organization and a board member for National NORML.  He and partner Russell Cormican took the case and prepared for the trial.

    On Wed., Jan. 12, 2011, Flash and Cornican went to the Miami Beach Courthouse for arraignment and to challenge the charges of disorderly conduct.  Officer Pereira stated that he couldn’t remember the circumstances of the arrest and the case was dismissed.  After that, the Law Office of Kent & Cormican filed papers with the City of Miami Beach to sue for damages and a violation of Flash’s rights.

    After the time in jail. Flash ended up getting sick and was unable to work until the following week.  Flash described the whole experience as “gross and inhumane”.  The arrest and the time not working did have a negative impact on the campaign, especially since it was right before the 2010 elections.  Flash was regularly collecting signatures in front of Miami Beach City Hall to reach the people who were voting at the polling station.  In addition, many other petitioners stopped collecting signatures after this incident.  After recuperating, Flash continued petitioning and campaigning for marijuana decriminalization on Miami Beach.  He and others did reach their goal by collecting over 9,000 signatures.  The campaign to decriminalize marijuana on Miami Beach is now taking this support and working on a resolution.

    In Apr. 2012, the City of Miami Beach decided to settle Flash’s case with paid reparations.  With the proceeds, Flash continues to work on marijuana law reform.