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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 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).”
(Excerpt) Read more at carlosmiller.com ...
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.
Run away as fast as you can.
thanks, bfl
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.
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.
Cue badge-lickers in 3... 2... 1...
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.)
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.
They don't have the right to kill you either but that didn't stop them.
Some suggest you upload the pix to a server and delete the local copy before you can be approached by an occifer.
Why not keep a copy of the Constitution for their perusal instead?
Good to know, thanks.
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.”
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.
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.
Email the video to yourself and several friends.
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