Photographing a public place and asked to stop

[shefjr]

http://www.aclu.org/free-speech/know-your-rights-photographers

This is I think a good piece of information.

Here an interesting video of a time lapse and also followed up by a news story that covers the whole incident.
http://m.youtube.com/watch?v=nTGOruFwjHk

 

[SCraig]

I agree with most of what's on this thread.. but a word of caution here .. if the police want your name and or identification, you DO in fact have to give it.

A police officer needs to have reasonable suspicion to do so, however they do not have to state what that suspicion is at the time of contact.

This is often misunderstood and gets people in trouble.

Very true. You are always expected to cooperate with a police officer, however it is important to know your rights as well. I have a carry permit and frequently have a gun with me. The last time I got stopped for speeding the first thing I told the officer was that I have a carry permit and my firearm was in a holster on my right hip. Better to let him know than let him find it himself. He just smiled and said that as long as I didn't shoot him with it we wouldn't have any problems.

 

[weepete]

I don't think the rules are all that blurred. A building does not have a right of privacy, people do. So if the subject can be seen from a public place by anyone else walking down the street for example there is no reasonable expectation of privacy even if they are on private property.

 

[shefjr]

The last time I got stopped for speeding the first thing I told the officer was that I have a carry permit and my firearm was in a holster on my right hip.

I always just scream out my truck window, "I'VE GOT A GUN!!!!" Lol!
I kid of course and am thankful I have also never had an issue with law enforcement while carrying.

 

[ShooterJ]

I agree with most of what's on this thread.. but a word of caution here .. if the police want your name and or identification, you DO in fact have to give it.

A police officer needs to have reasonable suspicion to do so, however they do not have to state what that suspicion is at the time of contact.

This is often misunderstood and gets people in trouble.

Very true. You are always expected to cooperate with a police officer, however it is important to know your rights as well. I have a carry permit and frequently have a gun with me. The last time I got stopped for speeding the first thing I told the officer was that I have a carry permit and my firearm was in a holster on my right hip. Better to let him know than let him find it himself. He just smiled and said that as long as I didn't shoot him with it we wouldn't have any problems.

That is AWESOME. You have no idea how much a simple courtesy like that is appreciated.. we never know what we're walking up on in a stop.

And yes, people should know their rights. I just try to discourage people from resisting or fighting the police... sometimes the cops are wrong, but people need to stay calm and deal with that the right way... challenging the officer there on the street isn't it.

 

[ShooterJ]

I've had people tell me they were carrying.. my response is usually ..

"Well you don't show me yours, and I won't show you mine." Lol

 

[ShooterJ]

I do think way too many security guards and cops overreact when it comes to people taking photographs. I'm pretty laid back about it personally .. the only time I'd stop them is if they were trespassing, taking photos of restricted property or interfering with my job.

I had a couple once ask if they could take pictures of me and my cruiser.. I just shrugged and said sure. It doesn't bother me.

Some cops freak out about it though. Maybe they're just camera shy. lol

 

[SCraig]

That is AWESOME. You have no idea how much a simple courtesy like that is appreciated.. we never know what we're walking up on in a stop.

And yes, people should know their rights. I just try to discourage people from resisting or fighting the police... sometimes the cops are wrong, but people need to stay calm and deal with that the right way... challenging the officer there on the street isn't it.

Yeah, actually I do know what it means. My dad was a colonel in the Tennessee Highway Patrol, I've had a lot of training from former police and military officers, and I shot USPSA and IDPA for years with police and military guys.

I would not do your job for anything. Walking up to a car at night, not knowing what to expect, is not something I would want to do. I don't get stopped often but when I do I make it as simple as possible for the police officer if for no other reason than I don't want to startle him into doing something we'll both regret. For all I know it's his first day on the job and I don't him nervous with his hand on his firearm.

 

[ShooterJ]

Awesome.. it's nice to run into people who appreciate the reality of it. Traffic stops are dangerous as hell and I always like getting hold of people who make it easier.

EDIT: I got shot at overseas when I was in the Army .. it's not much fun. I've been fortunate as a police officer, but I still think about the experience every time I stop someone.

 

[SCraig]

Awesome.. it's nice to run into people who appreciate the reality of it. Traffic stops are dangerous as hell and I always like getting hold of people who make it easier.

EDIT: I got shot at overseas when I was in the Army .. it's not much fun. I've been fortunate as a police officer, but I still think about the experience every time I stop someone.

I didn't know my dad well, my parents were divorced when I was very young, but we did meet up a few times as I grew up. He was THP during the bad old days around here. Bootlegging whiskey was a way of life for many and he had some tales to tell. He was also the regional photographer for the THP and got to take all the gory photos of accident scenes.

Anyway, he did manage to get me to put myself in the place of the police officer who is approaching a car. All he wants to do is to finish his shift and go home to his family, and to do that protecting himself is priority #1. I make that as simple as possible until the tension levels decrease a little bit, and I seldom have any problems. If it's night I turn the interior lights on, I keep my hands in plain sight, and I treat the officer with respect. I don't want their job, but I'm glad someone is doing it.

 

[ShooterJ]

That's pretty cool about your dad.. that is, about him being their go to photographer. And I don't blame you, regarding the job.. it's nasty work sometimes .. in fact, I'm resigning from it soon.

I've had enough.. almost 14 years between military and law enforcement .. I'm ready to go enjoy a few things and leave the awful stuff behind me.

 

[manaheim]

With the security guard... if you were on their property, he could tell you to leave. I can't believe you gave him your name, though. lol He's got zero right to be collecting your information. I'd have told him no and if he insisted I'd have suggested he call the police if he had a problem with it. I've done it numerous times. Only one guy ever did it and the cop was clearly annoyed over the situation and asked me if I wouldn't mind just leaving to make his life easier. I did. (I had all the pictures I needed by the time he got there anyway and was more hanging around just to see what happened.)

Mind you... all those times I was on PUBLIC property... if you were on private property, they have a lot more rights to kick you and make the rules and such.

 

[Steve5D]

Many places consider a tripod a public health hazard... they don't want people tripping over the extended legs. Some places ban 'em outright, permit or no.

That's seems to be the rule concerning tripods but how about monopods?

I've walked right past the ticket-takers in places that prohibit tripods with my monopod, even though it has three 'legs' at the bottom. If they wanna ask me, I'll just tell 'em it's a walking stick.

There may be no issue with you having a tripod, just using it. I've seen several instances of that...

 

[kathyt]

That "security guard" would never have got my name in the first place. I have heard of the Capitol building, but other then that I would be skeptical. Everyone has a camera on their phone, so it would be hard to police everyone.

 

[Steve5D]

There is a meeting inside adobe building I come regularly. I don't know is this public or private property. The security guy told me this building is to keep privacy. He thought I'm an architect that I might copy the building design.

The Satanna Row is a popular outdoor mall, and I need to pay a permit to shoot my DSLR.

The beach boardwalk nearby lets me use my DSLR, but tripod is prohibited. When I drive north to San Francisco, the Yerba buena gardens lets me use my DSLR, but to use tripod I have to pay the permit.

In nearby mall, one lady shoot her p&s camera with her kids, and a security guard told her to stop and get her name.

If you're shooting in a mall, that's private property. They have every right to demand that you stop photographing their property, and to ask you to leave. If you don't leave, you're in violation of the law.

You can take all the photos you want of the mall and its buildings from a public thoroughfare. They're still going to tell you to stop, but you don't have to. If you're shooting while on their property, though, you have to do as they wish.

Don't fall into the trap of believing that you can do what you want, where you want and when you want because you know your "rights". And, for the love of God, don't be one of these geniuses who print out some list of rights you found on the internet so you can push it into the face of a cop of security guard. That will only end poorly for you.

You're not the only one with rights, and yours don't supersede someone else's. Believing they do will not serve you well...