Photographing a public place and asked to stop

[unpopular]

Dude, this is just flat out wrong. It's not a "myth."
.

No. I am agreeing with you Gav. It's a myth that you don't have to provide any ID when the cops ask, in my state you don't - but by the time you are being asked for ID, you're usually detained anyway, at which point you typically are required to anyway.

 

[Gavjenks]

Dude, this is just flat out wrong. It's not a "myth."
.

No. I am agreeing with you Gav. It's a myth that you don't have to provide any ID when the cops ask, in my state you don't - but by the time you are being asked for ID, you're usually detained anyway, at which point you typically are required to anyway.

Ah okay, sorry. Thanks for clearing that up. Edited other post accordingly.

 

[unpopular]

By the time cops are talking to you about something you did or are doing, chances are you're being detained. Cops aren't likely going to just go around getting random IDs from pedestrians minding their own business, even in states where they can - aside from situations where random security checkpoints are called for, naturally.

One of the first things you should ask a police officer if you are feeling uncomfortable is if you are detained. If you are, hand over your ID and stfu ... or if you're not the criminal or constitutional advocate type, don't. But don't get all huffy.

 

[JacaRanda]

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

I had a female cop in Portland get all bent out of shape because I took a photo of her texting on her cell phone while she was uniform. I don't know if there's some rule against that, but her reaction suggested there might be.

I told her not to worry, that I wouldn't show it to anyone, since I felt the pink iPhone cover clashed harshly with the deep blue color of her uniform.

She then let up, smiled, and told me and my buddy to have a nice evening...

Lol.. nice. That's a good stance to take though.

People need to understand that a cop has a tense job and dealing with people can be dangerous for them. Being respectful and lightening the tension can go a long way.

When I deal with people, their reaction to me tells me something. If they're confrontational or nervous, what effect is that going to have on me? If they're friendly and easy going .. odds are I will be too.

Something for people to keep in mind when dealing with law enforcement. The officer doesn't know you.. it's the nature of their job to regard you as potentially dangerous.

Don't encourage that by being a confrontational douche.

It is absolutely amazing that this even has to be mentioned. However, I see enough (thank goodness mostly on the news) to know that not everyone knows or more than likely, some people are just asking for it!

I may be crazy but my father, a former police officer, taught me this I believe at birth. Or maybe it was my mother, or aunt, or grandmother, or cousin, or uncle..............EVERYONE KNEW THE DEAL!

In fact, when I get home this evening I will tell my 14 year old son again and make him repeat back to me all the reasons why....10 times in a row......each day until August 1st, 2013. Then, we will start all over again. ((((And That's The Truth))))

 

[jwbryson1]

In order to be required by law to produce a valid ID, the police must have a reasonable suspicion that you have committed, or are about to commit, a crime. A cop that walks up to you on the street and asks you to produce identification can go pound sand and you are not required to speak to them and certainly not required to provide any sort of identification. AKA Terry Stop.

 

[jwbryson1]

 

[deeky]

There's a trending video on Youtube right now of a kid that decided to get constitutional at a DUI checkpoint. He had his window down 3 inches and the cop asked him to roll it down further. He even admits that because he didn't want to roll it down, he ended getting taken out, drug dog search (including on the hood) with a positive hit and subsequent search which found nothing. He was sent on his way much later, but it was all because 'he knew his rights!!!'

How about a little common sense and decency? 98 times out of a hundred it's easy - DON'T BE A DOUCHE. They may not have the express right, but who cares if you don't have anything to hide. As soon as you appear to be hiding something, it would give me reasonable suspicion if I were a cop too.

I've been approached by a security guard before. Without being asked, I told him exactly who I was (hobby photographer), what I was doing (architectural shots), and offered to show him the pics on my camera. He very politely declined and let me go about taking pictures of the federal court house while he went to chase off some horrible skateboarding kids.

Another time I came over a hill to find a trooper getting my speed at a minimum of 10 mph over. I knew he had me, so as soon as I saw him pulling out of the median I pulled over to the shoulder and waited for him. We had a very nice conversation and I got a pass on the speeding. Due to a paperwork error my license was expired by 6 months. Got a ticket for that (later dismissed), but he made it indirectly clear I was free to go on my way. No need to park and call for a ride, he just wasn't going to be a free pass if I got pulled over again.

My secret? Let me state it again. DON'T BE A DOUCHE. You may not HAVE to, but it may just be easier, unless you have something to hide. Then you deserve to be detained.

 

[Gavjenks]

In order to be required by law to produce a valid ID, the police must have a reasonable suspicion that you have committed, or are about to commit, a crime. A cop that walks up to you on the street and asks you to produce identification can go pound sand and you are not required to speak to them and certainly not required to provide any sort of identification. AKA Terry Stop.

Yeah, still wrong, depending on state. I even provided a direct quote of Ohio law that proved what you say here to be false. In that state, for example, you are legally required to provide accurate identification even if you are NOT suspected of any crime (past or future), but only suspected of having WITNESSED a felony.

If you are suspected of being a witness only, and don't say anything at all, you can be charged and convicted of a misdemeanor.

 

[unpopular]

In order to be required by law to produce a valid ID, the police must have a reasonable suspicion that you have committed, or are about to commit, a crime

That's seriously hardly anything at all. The police have a lot of leeway here. I don't normally side with the cops, but in order to do their jobs they kind of have to have the ability to question people that are merely acting suspiciously. You don't have to answer any questions, but in nearly all circumstances you do have to provide identity when detained.

This is why demonstrators don't bring your ID card.

 

[manaheim]

I'm no cop, nor am I a lawyer, but I imagine the cop can just say "He was acting peculiar, so I asked him for his ID."

Good luck fighting that off in court.

Nor am I a judge, but I'd bet most judges would be pretty inclined to back that up unless it was BLATANTLY out of line.

 

[tirediron]

There's a trending video on Youtube right now of a kid that decided to get constitutional at a DUI checkpoint. He had his window down 3 inches and the cop asked him to roll it down further...

Unfortunately an all too typical reaction by officials; "What? A member of the public who knows and chooses to exercise his legal rights? Well... we'll just show him who's boss!"

 

[unpopular]

I'm no cop, nor am I a lawyer, but I imagine the cop can just say "He was acting peculiar, so I asked him for his ID."

What would you bring to court? What would the issue be? The cop asked nosey questions which made you feel uncomfortable? THATS THE COPS JOB!

Unless you're brought in, what would bring you to court?

 

[tirediron]

I'm no cop, nor am I a lawyer, but I imagine the cop can just say "He was acting peculiar, so I asked him for his ID."

What would you bring to court? What would the issue be? The cop asked nosey questions which made you feel uncomfortable? THATS THE COPS JOB!

Unless you're brought in, what would bring you to court?

Ehhh... strictly speaking, I believe the job of the police is to enforce the law, not to ask nosey questions nor make the public feel uncomfortable, in fact I would think that would be rather counter-productive.

 

[Tailgunner]

There are three types of encounters a police officer has with individuals, Casual, Detain, and Arrest. Obviously, an Officer is going to and legally able to try and ascertain and individual who is being Detained or Arrested. Casual encounters (that doesn't sound right lol ) and identifying comes down to whether or not a State has "Stop and Identify" laws.

25 of the 50 States have "Stop and Identify" laws, California not one.

Stop and identify statutes - Wikipedia, the free encyclopedia


FYI: Police Officers are not going to inform you of your rights...to a degree. If say, the State in question does not have a "Stop and Identify" law in place, a Police Officer may still ask for identification during a Casual encounter knowing you're not obligated by law to answer but s/he is not likely to inform you that you don't have to comply (unless being detained or arrested). Thus, most people comply believing it's the law.

 

[unpopular]

I'm no cop, nor am I a lawyer, but I imagine the cop can just say "He was acting peculiar, so I asked him for his ID."

What would you bring to court? What would the issue be? The cop asked nosey questions which made you feel uncomfortable? THATS THE COPS JOB!

Unless you're brought in, what would bring you to court?

Ehhh... strictly speaking, I believe the job of the police is to enforce the law, not to ask nosey questions nor make the public feel uncomfortable, in fact I would think that would be rather counter-productive.

A cops job is to enforce the law to promote public safety. A big part of that is to investigate suspicious activities before laws are broken and public safety is at risk, sometimes that might come across as nosey, especially if the cop's interpretation about a situation is incorrect and the behavior turns out not to be suspicious at all.

If someone were taking photos of houses in your neighborhood, going into alleys taking snaps of backyards - don't you think you'd want the cops to start asking some questions? Certainly we all have the right to take photos of houses, but also the behavior is suspicious.

The police need to be able to ask questions and investigate legal activities that look suspicious, and as part of that investigation knowing who you are and if you are a registered sex offender.