Do Police Have The Right To Confiscate Your Camera? (Answer is NO!)

Photography Is Not A Crime ^ | January 21, 2009 | Carlos Miller

[PanzerKardinal]

Seconds after BART police officer Johannes Mehserle shot and killed Oscar Grant, police immediately began confiscating cell phones containing videos that have yet to see the light of day.

[...]

But the truth is, police had no legal right to confiscate a single camera.

“Cops may be entitled to ask for people’s names and addresses and may even go as far as subpoenaing the video tape, but as far as confiscating the camera on the spot, no,” said Marc Randazza, A First Amendment attorney based out of Florida and a Photography is Not a Crime reader.

Bert P. Krages II, the Oregon attorney who drafted the widely distributed The Photographer’s Rights guide, responded to my inquiry with the following e-mail message:

“In general, police cannot confiscate cameras or media without some sort of court order. One exception is when a camera is actually being used in the commission of crime (e.g., child pornography, counterfeiting, upskirting).”

[PanzerKardinal]

There seems to be alot of discussion about giving the police your storage media.

Hope this clears some of the confusion.

As a photographer I always keep my attorney’s card in my wallet and I have his office, cell and home phone numbers programmed on my cell phone.

[wastedyears]

Run away as fast as you can.

[bamahead]

Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)

[neverdem]

thanks, bfl

[mountainbunny]

The Photographer’s Right

A Downloadable Flyer Explaining Your Rights When Stopped or Confronted for Photography (^)

Download it, print it, keep it.

Share it with law enforcement if it comes to it.

I will say that in all the time I've been a photographer, I've never been bothered, stopped or questioned.

[MaxMax]

The only evidence the police keep is the evidence that the DA can use against you.
The fine line is that they can call anything at any time an investigation
and you can be arrested. Best not to be seen taking video.

[hoosiermama]

Time to read it again:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[B-Chan]

Cue badge-lickers in 3... 2... 1...

[PureSolace]

Unfortunately from what I understand, The opposite is true in the U.K. (And for some reason the statist want to be “more like the U.K.”) (which is of course rubbish.)

[MaxMax]

That PDF is vague. I'm not an attorney but I know it would
be stupid to argue with an officer. The best policy is keep moving and keep distance.

[packrat35]

Then again, seeing as how the police had just shot an unarmed man dead, maybe you don’t want to be victim number 2. Cops can make your life hell, put you in jail, and still take the camera as “evidence” and you’ll be no better off.

[paul51]

Do Police Have The Right To Confiscate Your Camera? (Answer is NO!)

They don't have the right to kill you either but that didn't stop them.

[HiTech RedNeck]

Some suggest you upload the pix to a server and delete the local copy before you can be approached by an occifer.

[dixiechick2000]

Why not keep a copy of the Constitution for their perusal instead?

[LifeComesFirst]

Good to know, thanks.

[LifeComesFirst]

I’ve had neighbors on my street ask me why I was carrying a camera around (like I was carrying a shotgun or something) and when I said “I like taking pictures” they said “some folks might not like that,” as if to say “I don’t like that.”

[jwparkerjr]

As a full time, professional freelance photographer I can attest to the fact that carrying a camera in many instances is only slightly less annoying to some people than carrying a gun. I think a lot has to do with how those around the camera-toting photographer view authority. Those who are bothered by authority will not like it while those who have no problem with authority will probably just let it go.

I have had a couple of run-in’s with people and know it's really pissing into the wind to try and educate them as to the shooter's right to make photos in most situations in public. It's especially difficult to educate them when you're shooting breaking news of a violent event such as a shooting or auto accident.

I was taking pictures of my granddaughter at a local eating place and the people in a booth to tables away had the waitress tell me to stop, it bothered them. Go figure.

[HiTech RedNeck]

Could be that some folks have seen “authorities” and newsies run amok too often. Might be a good idea when doing more than taking snapshots with a handheld camera at a scene that isn’t an emergency, to announce your purpose to the others present.

[gitmo]

Email the video to yourself and several friends.

[jwparkerjr]

Thanks for the suggestion. I've been doing it for 30 plus years and that's usually the approach I take. Often though, it's just not practical to climb up on the bench in the booth and announce to the assembled diners that I am about to take photos of my granddaughter as she uses her patented flair to prepare Opa’s coffee. Most people don't care, as long as you aren't obviously photographing them. Trust me, if I'm photographing them they will never know it.

[Turret Gunner A20]

Ping

[apillar]

Get to know your phone, if you take a video in such a situation quickly upload it to a couple friends. I wouldn't advise just sending it to your home email in case the police get the phone and know enough to look up what email you sent. Then if the police try to force you to turn over the phone, know how to quickly set the security code. That way even if they have it, they won't be able to access or delete anything. However, they could still destroy or "lose" the phone, but that is why you uploaded the video to your friend first ;)

Camera's are even easier. You know those little memory cards? They are VERY easy to pop out and quickly hide just about anywhere. "Sorry officer, I thought I had caught that incident on tape. But, dang it! In all the excitement I forgot to push the record button."

[Utilizer]

Yes, however as a good friend of Mine was told by a judge, be that as it may, the State reserves the right to decide the manner and time that freedom may be exercised.

[Joe Boucher]

This is an excellent subject PanzerKardinal.
What about filming? I’ve seen where cops beat you if you say are stopped by a Florida Highway Patrol on the turnpike for say speeding.
If you try to tape the stop the Patrolman will tell you to turn it off or be arrested. I’ve seen it on t.v. a few times.
But then you see arrests and folks not involved film say a cop beating down some guy. Cop fails to see the taping and the tape is released. Then you have to wonder if the guy doing the taping should be in fear from the cops?

[teeman8r]

police departments have powers, not rights. rights are only given to individuals... who in turn give powers to the institutions that govern them, not rule over them.

there are legal means to acquire cameras through the procedures of subpoenas...

and as to “take the pictures, then run like hell”, if they’ve already killed once, what stops them from shooting an accomplice running away.

teeman

[coop71]

Thanks for posting this. I printed it out.

[~Kim4VRWC's~]

If there is time...

[AnalogReigns]

It is interesting to me, that many if not most of these new “police-state-like” confrontations seem to occur in very urban, very politically liberal areas of the country—not in the stereotypical rural sheriffs’ domain.

It’s like the cops are used to such chaos...they are also used to bending the law just to keep order—hence lawlessness begets police-lawlessness.

[sonofstrangelove]

No.

[GOPJ]

“Cops may be entitled to ask for people’s names and addresses and may even go as far as subpoenaing the video tape, but as far as confiscating the camera on the spot, no,” said Marc Randazza, A First Amendment attorney based out of Florida and a Photography is Not a Crime reader.

Would it be too hard to include this in a hand out to protestors? Give them a sheet on liberal lying tactics ( the diamond) and some stuff on their "rights": you don't have to give up the camera... The best tactic we have against these people is the light of day...

[GOPJ]

“Cops may be entitled to ask for people’s names and addresses and may even go as far as subpoenaing the video tape, but as far as confiscating the camera on the spot, no,” said Marc Randazza, A First Amendment attorney based out of Florida and a Photography is Not a Crime reader.

Would it be too hard to include this in a hand out to protesters? Give them a sheet on liberal lying tactics ( the diamond) and some stuff on their "rights": you don't have to give up the camera... The best tactic we have against these people is the light of day...

[MHGinTN]

A really great idea! The most damaging, dangerous thing to lies and campaigns based upon lies is the light of truth.

[elkfersupper]

Our Founding Fathers gave us a reset button.

It may very well be time to push it.

[elkfersupper]

it would be stupid to argue with an officer. The best policy is keep moving and keep distance.

It must be very hard to live in constant fear of the police.

[elkfersupper]

Why not keep a copy of the Constitution for their perusal instead?

Most of them either aren't capable or don't care to read.

[Godzilla]

OK, I can understand most of the points given. However, please address this: the photographs documented the (at that time) potential actual commission of a crime. there should still be some process, but I would think some degree of securing a crime scene would come into play.

[MaxMax]

I don’t fear the police because I know my rights.

[dixiechick2000]

You have a point there...;o)

[GOPJ]

A really great idea! The most damaging, dangerous thing to lies and campaigns based upon lies is the light of truth.

It's turning over a rock and letting the sun shine in..

[wally_bert]

I run into that sometimes. Photography is one of the few things I truly enjoy. Every now and then I get to make a little money at it. My other hope is to reactivate my dead stock photo and video program. Getting any decent modeling talent in my area is not easy and it isn't just me.

When I had my latest range war with the commies next door, I saw him using some antique 35 mm to document his precious weeds, that is not to throw off on 35s. I kind of miss using one. Anyway, I did some of my own photos about the same area and was using my Canon 50D. The old commie saw me out there and asked if I needed film for my camera. He is such an irratating old fool.

[wally_bert]

It is appreciated by this sometimes pro. Thank you.

[elkfersupper]

I don’t fear the police because I know my rights.

The police don't care about your rights

[MaxMax]

That's fine, but the Police are also regular people doing a job,
and not everyone likes everyone they meet.

Another thing I would like to point out is that the police are not Voted into office.
A point that many need to contemplate and keep in mind.

If someone is an ass, they'll always be an ass no matter which side they're on.

[Secret Agent Man]

No, you get a device that saves to a SD card or memory stick, and always keep a spare with you to swap in and replace the one you were recording on. Or just pull the card/stick out, most units have small internal storage.

[Secret Agent Man]

Yes. The police aren’t going to get into a discussion of rights or not, that’s not their function. They aren’t judges or lawyers. They aren’t going to debate crap. If you know more than they do you can sometimes get out of things but you don’t want to engage that way unless absolutely necessary.