Justin Bieber’s remaining jail videos captured on CCTV at Miami Beach police station after his January arrest on suspicion of DUI will be released but with “sensitive” content of the singer’s genitalia redacted by blacking out or editing, a judge ruled Tuesday.
Of the five withheld clips, two reportedly reveal Bieber urinating for a drug test into a cup in his holding cell and “it is apparent that he is providing a urine sample.” Another clip reveals the Canadian handing the cup back to an officer where a partition does not completely block him and “possibly” reveals his genitals.
Miami-Dade County Judge William Altfield has ordered the Miami State Attorney’s Office to supply a video technician to “shade or blacken” out images of the singer’s private parts.
Bieber’s legal team — led by Roy Black — previously argued that showing such video would be an invasion of privacy and was exempt from public disclosure.
The Guardian reports Black said three other clips which will be released without redaction were filmed from an angle too far away to tell what’s happening. It’s believed these show Bieber walking in and out of his holding cell.
While Altfield stated jail videos, photographs, and evidence in a criminal trial became public record once handed over to the defense in discovery, he made humane statements about the fundamental right of privacy with regard to the disclosure of intimate acts of inmates in custody while also weighing the competing interest of the “public’s right to know.”
Citing case law, Altfield noted “intimate” or “potentially embarrassing” material and images of Bieber in the act of “urinating” and images where his “genitalia is exposed” are not relevant to be disclosed to the public.
Altfield also noted that under Florida’s Public Records Act the issues at stake Bieber’s right to privacy and the public’s right to know not the media’s First Amendment right to publish.
During the hearing the judge said, “He [Bieber] has not lost his expectation of dignity and that’s what important here.”
Altfield said that while Bieber is a public figure, “he still maintains an expectation of privacy and still has an expectation of dignity.”
Referring to a video released last summer of Bieber urinating into a mop bucket the judge noted this did not relinquish rights to privacy.
“We were all 19 at one time or another…we all do stupid things in our lives… but this defendant’s expectation of privacy should stay with him at all chapters in his life and even beyond when he leaves this earth,” said the judge.
At one point in the hearing, Altfield said, “Mr. Bieber’s right to privacy is paramount.”
Lawyers for news media organizations including CNN and The Associated Press previously suggested redaction but under their control and had argued the rest should be released per a public records request. Media attorneys and Black said they were satisfied with Tuesday’s ruling.
NBC reports the court’s formal ruling as,
“The Court finds that there exists a right to privacy as it relates to the exposure and dissemination of the defendant’s genitalia. As such, any images that depict or appear to depict the defendant’s genitalia shall be restricted from disclosure.”
Following a February 6 Miami Beach police-released video of Bieber getting patted down, over 10 hours of jail videos were released to the media which included footage of Justin unsteadily walking a white line for a sobriety test and doing pushups in his holding cell.
Bieber was arrested on suspicion of DUI in Miami Beach shortly after 4 am with friend and R&B singer Khalil Sharieff on January 23.
The pair were stopped and arrested after what police described as an illegal street drag race on a residential Miami Beach street. At the time Bieber drove a rented yellow Lamborghini, Sharieff a red Ferrari.
Toxicology results revealed Bieber had a negligible amount of alcohol, the active ingredient of marijuana and anti-anxiety drug Xanax in his system at the time of his arrest, which the singer allegedly also told officers about.
At the hearing Black waived the right to speedy trial and another hearing on March 11 has been scheduled at which a new trial date will likely be set if a plea deal hasn’t been agreed between now and then.
On Tuesday, Miami police released images of the singer’s tattoos filmed at Miami Beach police station.
Bieber, who turned 20 on Saturday, has pleaded not guilty to DUI, resisting arrest without violence, and driving with an expired license.
As yet there is no date for when the five remaining Bieber jail videos will be released to the media.
Images below credited to Miami Beach Police. To see all 10 images click under the highlight.