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

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

[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.

[Freedom2specul8]

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.

[ErnstStavroBlofeld]

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..