Trains.com

Police Chief Confirms Detaining Photographers Within Departmental Policy

8406 views
37 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    December 2002
  • From: US
  • 286 posts
Posted by dekemd on Tuesday, September 6, 2011 11:30 AM

The US Court of Appeals for the First Circuit just ruled a few days ago that recording police in public is within a person's first amendment rights.

Link to article:

http://www.judicialwatch.org/blog/2011/sep/court-rules-citizens-can-record-police

 

 

  • Member since
    December 2001
  • From: Northern New York
  • 25,023 posts
Posted by tree68 on Tuesday, September 6, 2011 2:28 PM

dekemd

The US Court of Appeals for the First Circuit just ruled a few days ago that recording police in public is within a person's first amendment rights.

Link to article:

http://www.judicialwatch.org/blog/2011/sep/court-rules-citizens-can-record-police

There have been several reports lately about confrontations between photographers and law enforcement.  In one case the photographer moved better than a block away - the officer had to get in his vehicle to again confront him.

Having a father, uncle, and cousin in law enforcement over the years, I can second the fact that some officers have an attitude - but so do some people.

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    February 2005
  • From: Vancouver Island, BC
  • 23,330 posts
Posted by selector on Tuesday, September 6, 2011 3:21 PM

But, Larry, even though a person has an attitude, if they are legally within their rights to be and to do what is their intent, no other attitude should prevail against them, including those of police personnel.

Perhaps I have misunderstood you just above.

Crandell

  • Member since
    December 2007
  • From: Southeast Michigan
  • 2,983 posts
Posted by Norm48327 on Tuesday, September 6, 2011 4:13 PM

Larry,

How correct you are. I've had a good relationship with Oakland County deputies for several years. Most of them I've known are indeed the 'good guys' others do have a bit of an attitude but are not obnoxious.

Attitude when confronted by an officer means a lot. If you're polite you're OK. If you are not, the cop is going to be less than friendly.

Norm


  • Member since
    December 2001
  • From: Northern New York
  • 25,023 posts
Posted by tree68 on Tuesday, September 6, 2011 5:46 PM

Hey Norm - I was just out there (Milford Memories plus some old school friends).  I still know a couple of the officers there.

Crandell - When I speak of people with "attitude," they're the folks who do the exact opposite of all of the advice given here.  As Norm points out, they don't respond logically and non-confrontationally - they puff out their chests and insist that "you can't tell me what to do!"  Which will usually elicit a "let's just see about that" response from just about anybody.  Then they'll complain loud and long about how the police harassed them.

I've seen video of police, fire, EMS, and even civilians confronting the media.  Usually it's not that the cameraperson is on private property - it's because they're shooting in the first place.

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    October 2001
  • From: OH
  • 17,574 posts
Posted by BRAKIE on Tuesday, September 6, 2011 8:42 PM

selector

But, Larry, even though a person has an attitude, if they are legally within their rights to be and to do what is their intent, no other attitude should prevail against them, including those of police personnel.

Perhaps I have misunderstood you just above.

Crandell

Crandell,Here's a shocker you can be arrested for loitering even on public property-the penalty is usually a modest fine..

Did you know some corporations and manufacturing companies can lawfully restrict taking photos of their property-even in the background?

All to sadly there is hidden laws that covers just about everything from spitting in public to cussing in public.

Larry

Conductor.

Summerset Ry.


"Stay Alert, Don't get hurt  Safety First!"

  • Member since
    December 2001
  • 8,156 posts
Posted by henry6 on Tuesday, September 6, 2011 9:27 PM

Anybody can be arrested for anything real or not real at the whim of anyone else or any police officer at any time.  Actually getting a conviction or even getting it prosecuted in the first place is another matter.  So if the security force of any corporation, store, mall, or the constibulary of any community feels they want to take you in, they can.  It becomes an inconvenience to you.  But you can always come back with a law suit.  Just don't threaten anyone with it until after you're freed from being inconvenienced in the first place.   God Bless America!

RIDEWITHMEHENRY is the name for our almost monthly day of riding trains and transit in either the NYCity or Philadelphia areas including all commuter lines, Amtrak, subways, light rail and trolleys, bus and ferries when warranted. No fees, just let us know you want to join the ride and pay your fares. Ask to be on our email list or find us on FB as RIDEWITHMEHENRY (all caps) to get descriptions of each outing.

  • Member since
    January 2003
  • From: Kenosha, WI
  • 6,567 posts
Posted by zardoz on Thursday, September 22, 2011 10:44 AM

This may be of interest to those that still wish to use a camera:

http://www.pcworld.com/article/240250/faq_when_can_you_capture_cops_on_camera.html#tk.nl_dnx_h_crawl

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy