Photographers Rights

[KmH]

Colorado journalist says she was detained for taking photos

It would seem the officers overstepped their bounds.
I suspect they are not familiar with the 1st amendment of the US Constitution or Colorado state law.
This type of incident is getting extremely tiresome.
Lets hope we get to find out the results of the DPD internal investigation.

From the image caption:

. . . Colorado law protects the public's right to photograph peace officer actions. . .

 

[480sparky]

Amble on over to YouTube and search for First Amendment Audit.

Most likely result will be what IA calls 'corrective action'. Meaning: The officer was promoted with a commensurate pay raise.

 

[dennybeall]

The man was both naked and mentally ill. Could we rewrite the headline to say "Woman detained for taking photos of naked mentally ill individual." ??? Guess it wouldn't fit her agenda if we rewrote it though??

 

[Braineack]

The man was both naked and mentally ill. Could we rewrite the headline to say "Woman detained for taking photos of naked mentally ill individual." ??? Guess it wouldn't fit her agenda if we rewrote it though??

you could, still doesn't change the fact that the cops acted over-zealously and unlawfully without any repercussions -- even while filming themselves breaking laws.

 

[vintagesnaps]

I'm not sure the concern would/should have been someone taking photos as much as how near someone was to what could have been an unstable or unpredictable situation. Even the working media sometimes get moved back or away from an incident. I don't know if she identified herself or not.

The article says she was detained until after the ambulance left with the man. It's necessary to comply with what police ask/tell you to do. Even I know that with the type work I did, I had a coworker end up in the middle of a drug bust once. Do what they say, let them sort it out...

EVEN IF you feel like you're in the right, this doesn't seem like the best way to handle it. You can always go file a complaint later. Arguing with an officer at the scene or showing unwillingness to comply doesn't seem to ever work out well. I think an officer has the authority to tell citizens at the scene to leave/move away, etc., not to stop taking pictures, so they probably should have just told her to move back til they had the person secured.

 

[Braineack]

The article says she was detained until after the ambulance left with the man. It's necessary to comply with what police ask/tell you to do.

there are laws on what it takes to be detained. i.e, being suspected of a crime. There was no suspicion of a crime.

let's say i didnt wear a badge, and just handcuffed you until i felt like releasing you, you did nothing wrong. What would you describe that as?

You can always go file a complaint later.

police "investigate" themselves. that is, if they will even give you a complain form...

 

[KmH]

Yep. The cops did an extremely poor job of doing their job.
Indeed, as Braineak alludes to the actions of the police in this situation were criminal at worst, and at least demonstrated either disregard for the law, or worse, a lack of knowing what the first amendment and the related state laws of their state are about.

 

[vintagesnaps]

Alright, I looked up The Colorado Independent. It's not a published newspaper or media outlet, it's a nonprofit.

It is self described as an online news source. The self proclaimed publisher seems to have no background in publishing or media or journalism. They seem to have NO photographers and 2 reporters. They do have 5 interns and a columnist and a cartoonist... I mostly see stock photos and no photo credits.

Oh it just gets better... how can she be the self proclaimed editor and also be on the board?? Since when do you hire yourself? If this is a paid job, I'm not sure if it is, but I think it would be a conflict of interest to be on the board and also be employed by the board you're on.

Something didn't seem to make sense when I read her article, because it isn't written according to journalistic standards that even I learned in high school. I wondered with the level of writing how she was considered for a Pulitzer, but found it was when she co-researched and co-wrote a series with another writer some time ago.

And she was detained for 10 minutes. If she felt the officer(s) handled her a way that was too physical or inappropriately, then why didn't she file a complaint? Because apparently she didn't when she had the opportunity.

 

[vintagesnaps]

In this situation, being detained for 10 minutes was not being arrested; she was not arrested or taken to jail. If she had a complaint about how this was handled and how she was treated, then file the complaint. Why gripe about it online and then do nothing about it? why refuse to file a complaint when offered the opportunity? If their police dept. doesn't do anything about it, then figure out the next step, go to your county/city government offices, etc.

 

[480sparky]

I will never have this problem. I've already investigated myself and found I will do nothing wrong for at least the next five years.

 

[tirediron]

I will never have this problem. I've already investigated myself and found I will do nothing wrong for at least the next five years.

I'd like a second opinion from Missus Sparky on that!

 

[Jeff15]

And I third it...........

 

[480sparky]

I will never have this problem. I've already investigated myself and found I will do nothing wrong for at least the next five years.

I'd like a second opinion from Missus Sparky on that!

She investigated herself at the same time and found she will do nothing wrong in the next five years as well.

 

[Braineack]

Alright, I looked up The Colorado Independent. It's not a published newspaper or media outlet, it's a nonprofit.

It is self described as an online news source. The self proclaimed publisher seems to have no background in publishing or media or journalism. They seem to have NO photographers and 2 reporters. They do have 5 interns and a columnist and a cartoonist... I mostly see stock photos and no photo credits.

Oh it just gets better... how can she be the self proclaimed editor and also be on the board?? Since when do you hire yourself? If this is a paid job, I'm not sure if it is, but I think it would be a conflict of interest to be on the board and also be employed by the board you're on.

Something didn't seem to make sense when I read her article, because it isn't written according to journalistic standards that even I learned in high school. I wondered with the level of writing how she was considered for a Pulitzer, but found it was when she co-researched and co-wrote a series with another writer some time ago.

Braineack: hello red herring, how's it going?
Red Herring: oh, just introducing irrelevant topics into the discussion to divert.
Braineack: So long as you know that's what you're doing...

And she was detained for 10 minutes.

two relevant laws in CO:

Colorado Revised Statutes §16-3-103 (1)

(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.

(2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.

------

Colorado Revised Statutes §18-3-303

(1) Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment. This section shall not apply to a peace officer acting in good faith within the scope of his or her duties.

(2) False imprisonment is a Colorado class 2 misdemeanor; except that false imprisonment is a Colorado class 5 felony if:

(a) The person uses force or threat of force to confine or detain the other person; and
(b) The person confines or detains the other person for twelve hours or longer.​

-----

Not a CO law: It is illegal to take pictures of people in public.

If she felt the officer(s) handled her a way that was too physical or inappropriately, then why didn't she file a complaint? Because apparently she didn't when she had the opportunity.

What gain is to be had here?

In this situation, being detained for 10 minutes was not being arrested; she was not arrested or taken to jail.

You never answered my question on this.

If their police dept. doesn't do anything about it, then figure out the next step, go to your county/city government offices, etc.

Again, you honestly believe this is going to do anything? You realize the city PROTECTS their employee, and if not them, then the union will at all costs.

Police officers are also protected under immunity from any wrong doings, if an investigation ever found there was wrongdoing, the officer would get a paid vacation during the investigation, and then given a promotion when they conclude the investigation resulted in no findings. and if there was the slightest chance the DA would take a case against their own employee, they would turn the Grand Jury into a dog and pony show and only present evidence on why the officer acted within the law -- defending the officer against charges -- not presenting a case against the officer.

If you need examples I can easily give you hundreds of the same ol story.

Badges grant you extra rights.


The point is, police shouldn't be able to act outside the law, then get to hide behind the law. You keep ignoring that she was well within all her rights to stand there and photograph what was going on in public without fear of being falsely imprisoned. This is America, not the eu or russia or nk or china...

 

[480sparky]