The Photographer's rights

[Mike_E]

Hello! I found a copy of the photographer's right in an old camera bag and as the subject comes up from time to time I did a touch more research.

Here are three sites on the subject of what you can legally shoot in the US.

1: (a pdf to copy and keep in your camera bag)
http://www.krages.com/phoright.htm

2: (first of a two part article)
http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm

3: (second in the two part article) http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm

Do remember one thing the columnist said though, in the middle of an emergency is no time to be a jerk spouting off about your rights. Cops are people too and when stressed will behave just like anyone else with a club and a gun.

And if you do go that way, I won't say I told you so, but then we're all adults here so I shouldn't need to right?.

mike

 

[DeepSpring]

I have a copy of the Photographers Rights in each of my camera bags. I've also seen the usa today article before. Good stuff worth a read for everyone who hasn't seen it, or a refresher for those who have.

Thanks for putting them up.

 

[table1349]

As a 25+ year law enforcement officer (still working there) and a 30+ year photographer I would have to agree with Mike_E's statement about not arguing with the cops. AT that time and that place you will not win the argument. You might win an all expenses paid stay in the Heart Break Hotel. Trust me, it is not a 5 star establishment. Well unless you are Paris' cell mate.

The one time that a cop can legally confiscate your camera is if it is deemed evidence of or containing evidence of a crime, it/you are in plain view, while they are investigating the crime and you are in public they can confiscate it. If you are where you should not be, like in the middle of the crime scene, they can confiscate YOU!!! If not (like a couple days later etc.) they have to get a subpoena for the photos/video you took. You must comply with the subpoena or risk going to jail for contempt of court.

If they do seize your camera, to review the pictures on your camera/media card they have to obtain a search warrant from either a District Court Judge or a Federal Magistrate. They also must return your property to you in the exact condition as when they seized it from you when it is no longer needed as evidence. The only exception to this rule comes when force, ie. breaking the lock off a small safe, etc becomes necessary to execute the warrant. Then they are responsible for the damages. You will probably have to file a claim to get the camera (or other property) repaired/replaced if this happens.

If they do not do the above, then the officers and the law enforcement agency they work for are liable in Federal Civil court for violating your rights. So you would have legal recourse. However arguing will not help your situation at all.

Cops are people just like everyone else, sometimes they get it wrong too. But two wrongs do not make a right. All two wrongs make is one big stinking pile of S#*&.

 

[jstuedle]

As a 25+ year law enforcement officer (still working there) and a 30+ year photographer I would have to agree with Mike_E's statement about not arguing with the cops. AT that time and that place you will not win the argument. You might win an all expenses paid stay in the Heart Break Hotel. Trust me, it is not a 5 star establishment. Well unless you are Paris' cell mate.

The one time that a cop can legally confiscate your camera is if it is deemed evidence of or containing evidence of a crime, it/you are in plain view, while they are investigating the crime and you are in public they can confiscate it. If you are where you should not be, like in the middle of the crime scene, they can confiscate YOU!!! If not (like a couple days later etc.) they have to get a subpoena for the photos/video you took. You must comply with the subpoena or risk going to jail for contempt of court.

If they do seize your camera, to review the pictures on your camera/media card they have to obtain a search warrant from either a District Court Judge or a Federal Magistrate. They also must return your property to you in the exact condition as when they seized it from you when it is no longer needed as evidence. The only exception to this rule comes when force, ie. breaking the lock off a small safe, etc becomes necessary to execute the warrant. Then they are responsible for the damages. You will probably have to file a claim to get the camera (or other property) repaired/replaced if this happens.

If they do not do the above, then the officers and the law enforcement agency they work for are liable in Federal Civil court for violating your rights. So you would have legal recourse. However arguing will not help your situation at all.

Cops are people just like everyone else, sometimes they get it wrong too. But two wrongs do not make a right. All two wrongs make is one big stinking pile of S#*&.

Rule 1) Don't argue with the police.
Rule 2) Refer to rule #1.

For a funny video with a large dose of fact Google "Chris Rock Police". The video is on you tube. :WARNING:Rated R:
[ame]http://www.youtube.com/watch?v=Fhq0NDkUViQ[/ame]

 

[THORHAMMER]

arent they supposed to have crime scene tape up so you can tell if they are investigating a crime, ?
otherwise are they guessing that a crime will happen ?
Also, does your car count as private property ?
I have never had any problems with cops, pretty much I respect them, and they respect me, once I even
had them run past me once in an anaheim neighborhood looking for a dude that was runnnig around after a
knife fight, and he still had the knife !

they shouted, if I saw a bloody guy with a knife to stop him....
LAst time I shot in anaheim residential areas late at night

 

[table1349]

arent they supposed to have crime scene tape up so you can tell if they are investigating a crime, ?
otherwise are they guessing that a crime will happen ?
Also, does your car count as private property ?
I have never had any problems with cops, pretty much I respect them, and they respect me, once I even
had them run past me once in an anaheim neighborhood looking for a dude that was runnnig around after a
knife fight, and he still had the knife !

they shouted, if I saw a bloody guy with a knife to stop him....
LAst time I shot in anaheim residential areas late at night

Nah, crime scene tape is to keep people out of a scene until it is processed for evidence. Around a dead body, yeah your gonna see tape. Around a grocery store check stand that the clerk was given a stolen check, no tape. Both are criminal investigations.