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Do Police Have The Right To Confiscate Your Camera? (Answer is NO!)
Photography Is Not A Crime ^
| January 21, 2009
| Carlos Miller
Posted on 08/06/2009 11:35:29 PM PDT by 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 peoples 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 Photographers 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).
(Excerpt) Read more at carlosmiller.com ...
TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: bhofascism; camera; liberalfascism; lping; privacy; uniongoons
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To: HiTech RedNeck
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.
21
posted on
08/07/2009 2:25:06 AM PDT
by
jwparkerjr
(God Bless America!)
To: PanzerKardinal
22
posted on
08/07/2009 2:31:55 AM PDT
by
Turret Gunner A20
(There is not enough combined intellect in the beltway to jumpstart a moron.)
To: PanzerKardinal
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."
23
posted on
08/07/2009 2:55:18 AM PDT
by
apillar
To: hoosiermama
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.
24
posted on
08/07/2009 3:04:39 AM PDT
by
Utilizer
(What does not kill you... -can sometimes damage you QUITE severely.)
To: PanzerKardinal
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?
25
posted on
08/07/2009 3:56:39 AM PDT
by
Joe Boucher
(google; operation garden spot and REX84)
To: PanzerKardinal
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
26
posted on
08/07/2009 4:14:07 AM PDT
by
teeman8r
(i liked GWB... really, i did.)
To: mountainbunny
Thanks for posting this. I printed it out.
27
posted on
08/07/2009 5:17:44 AM PDT
by
coop71
(Being a redhead means never having to say you're sorry...)
To: HiTech RedNeck
28
posted on
08/07/2009 7:22:46 AM PDT
by
Freedom2specul8
(I am Jim Thompson............................Please pray for our troops....)
To: mountainbunny
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.
To: PanzerKardinal
30
posted on
08/08/2009 12:27:05 AM PDT
by
ErnstStavroBlofeld
("I don't mind being called tough, because in this racket it's tough guys who lead the survivors.)
To: PanzerKardinal
Cops may be entitled to ask for peoples 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...
31
posted on
08/08/2009 9:45:21 AM PDT
by
GOPJ
(ACORN - Losers paid to protest ...The White House has an enemies list. Are you on it?)
To: PanzerKardinal
Cops may be entitled to ask for peoples 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...
32
posted on
08/08/2009 9:46:04 AM PDT
by
GOPJ
(ACORN - Losers paid to protest ...The White House has an enemies list. Are you on it?)
To: GOPJ
A really great idea! The most damaging, dangerous thing to lies and campaigns based upon lies is the light of truth.
33
posted on
08/08/2009 9:48:38 AM PDT
by
MHGinTN
(Believing they cannot be deceived, they cannot be convinced when they are deceived.)
To: PanzerKardinal
Our Founding Fathers gave us a reset button.
It may very well be time to push it.
34
posted on
08/08/2009 7:27:24 PM PDT
by
elkfersupper
(Member of the Original Defiant Class)
To: MaxMax
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.
35
posted on
08/08/2009 7:29:31 PM PDT
by
elkfersupper
(Member of the Original Defiant Class)
To: dixiechick2000
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.
36
posted on
08/08/2009 7:31:42 PM PDT
by
elkfersupper
(Member of the Original Defiant Class)
To: PanzerKardinal
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.
37
posted on
08/08/2009 7:36:21 PM PDT
by
Godzilla
(TEA - Taxed Enough Already)
To: elkfersupper
I don’t fear the police because I know my rights.
38
posted on
08/08/2009 9:47:26 PM PDT
by
MaxMax
(Will the real JIM THOMPSON please pick up the white phone)
To: elkfersupper
You have a point there...;o)
39
posted on
08/08/2009 10:15:41 PM PDT
by
dixiechick2000
(Obama Cancels War on Terrorism to Focus on War on Americans ~~ JammieWearingFool)
To: MHGinTN
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..
40
posted on
08/09/2009 6:41:37 AM PDT
by
GOPJ
(ACORN - paid protesters ...The White House has an enemies list. Are you on it? (yet?)
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