MIAMI-DADE COUNTY, Fla. — Local 10 News has learned the Miami-Dade Sheriff’s Office does not have a specific policy, procedure or standard operating protocol requiring plainclothes deputies to identify themselves before giving orders or putting their hands on someone.
That finding comes after a confrontation captured on video inside a public park, which is now raising broader questions about how law enforcement authority is exercised in public without a clear requirement for identification.
The video, which has drawn national attention, shows Local 10 News investigator Jeff Weinsier attempting to question Miami-Dade Mayor Daniella Levine Cava during a public event when a man in plain clothes steps in, orders him back and makes physical contact.
Weinsier was trying to question the mayor about millions of taxpayer dollars being spent on electric transit buses that were later taken out of service. Local 10 News reached out to Levine Cava multiple times requesting an interview, but her communications staff declined.
“Don’t push me… don’t push me,” Weinsier is heard saying in the video.
The man, who was not visibly identified as law enforcement, responds, “You need to back away,” and later asked, “You want to go to jail?”
The encounter prompted Local 10 News to ask the Miami-Dade Sheriff’s Office what policies or procedures require a plainclothes deputy to identify themselves before issuing commands or using force.
The Sheriff’s Office confirmed it does not have a specific policy, procedure or standard operating protocol that governs that situation.
The deputy involved was later identified as Lester Aguilar, who is part of the mayor’s security detail in a specialized Sergeant-at-Arms role. In a written response, the Sheriff’s Office said the deputy was “operating in a specialized protective capacity” and that those assigned to that role “must often operate in a low-profile manner that does not prominently identify him as law enforcement.” The agency said that approach “is intentional and necessary” in dynamic public settings.
Despite that explanation, the deputy is still a sworn law enforcement officer with the authority to detain or arrest. The Sheriff’s Office did not point to any written policy outlining when or how that authority must be clearly identified to the public.
Local 10 News shared the video and findings with Andrew Scott, a doctor of criminal justice, former police chief and national consultant on police practices.
“The officer should have immediately identified himself,” Scott said.
Scott said the lack of identification can quickly create unnecessary conflict.
“It doesn’t make sense that this unnecessary conflict occurred… particularly when the officer doesn’t identify himself,” he said.
He warned that situations like this can escalate.
“You could wind up being pushed down… placed in handcuffs or worse,” he said.
Scott said the issue is not only what happened in this case but the absence of clear rules governing it.
“If those actions… were not predicated by a written policy… that does create a problem,” he said.
He said he was surprised such guidance does not already exist.
“I’m surprised… it’s not specifically delineated in policy,” he said. “Law enforcement officers are required to identify themselves… particularly if they’re not in obvious police garb.”
Scott also said he saw nothing inappropriate in Weinsier’s conduct.
“The only thing you did was ask her questions,” he said. “I didn’t see anything on your part that created an issue or a threat.”
He added that the deputy was not operating in a covert or undercover capacity.
“He was not in deep undercover,” Scott said. “He was just working in security detail and should have been identified.”
Scott said the situation highlights a gap that could be addressed with clear written guidance.
“This whole thing could have been avoided if there were appropriate protocols,” he said. “I see it as an easy fix… you just augment the policy.”
He added, “It makes sense to clarify things in writing and to train its members.”
He also said expectations should be clearly defined for how security details interact with the media.
“There needs to be something clear… to understand what the actions are and what’s appropriate,” he said.
Following the original report, another journalist told Local 10 News she experienced a similar situation involving a plainclothes officer, raising broader concerns about how members of the public are expected to know when someone giving orders is law enforcement.
Local 10 News requested an interview with Sheriff Rosie Cordero-Stutz to discuss whether clearer policies should be implemented. The request was declined. The Sheriff’s Office said the sheriff was not available and added it continues to review its practices and remains open to considering enhancements where appropriate.
Local 10 News also contacted the Miami-Dade Police Benevolent Association, which represents deputies. The union declined to participate.
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