How should photographers deal with cops?
Many of you know that I wrote a… thing a while ago called “Legal Rights of Photographers” that outlines when it’s OK to take a photo and when it isn’t. There are a lot of people who have the wrong idea –e.g., they think you can’t take a photo of a minor, or when on private property, and so on, without permission.
Cops are not immune from inventing laws in their heads. People have posted about troubles they’ve had — cops who claim “It’s illegal to shoot this or that,” citing security or 9/11 or the Patriot Act or some other nonsense.
But here’s where I need some help. Bert Krages has a terrific guide called “The Photographer’s Right” that talks a lot about what your rights are when confronted by private citizens (e.g., security guards) who want you to stop taking pictures. But he doesn’t talk much about dealing with cops.
Here’s my question: Can anyone out there give advice for dealing with the police when you know you’re in the right? I know the obvious stuff, like “be polite”; I’m looking for more detail from someone who knows police procedure.
For example, if a cop demands that you turn over your camera, you can legally refuse. But just because you can doesn’t mean the cop knows that, and he’s the guy with the gun. So what can you say that will actually resonate?
Can you ask him to radio someone? (One person told me that he was detained briefly by the police at a scene, but when they contacted the local DA’s office, they were told to let him go.)
If he threatens to arrest you for taking pictures (which he can’t do), how can you stop him or at least give him pause? Should you ask him what law you’re violating? Or will he ignore you?
If he demands to see your photos (and you don’t have to let him), what can you say without being a jerk that will convince him he’s going down the wrong path?
In short, I need someone who knows cop-speak, police procedure, or both who can tell me what ‘magic phrases’ a photographer can use when confronted by police for taking legal pictures — something that will hopefully result in the cop grudgingly letting the photog go about his business.
Lots of people have ideas and advice, but I really need someone who has an ‘in’ of some sort — someone I can cite, or who can point me to a resource I can cite.
Thanks!
Richard says:
I worked as a newspaper photographer in the 1980s in Texas, but never had a problem taking pictures (although I can’t recall being particularly aggressive about it).
Here, you’re talking about either: a) an officer not knowing the law (in which case he might be amenable to being informed by a higher-up); or b) an officer (“the guy with the gun”) being the law rather than enforcing the law. It boils down to how much effort and expense you’re willing to expend to make a point. And when push comes to shove, it might be more sobering to the fascists involved if you sued the officer personally as well as the police department if you’ve been violated. Word about your rights will spread.
A couple more marginally helpful points: The rules change completely when you’re dealing with rent-a-cops — forget Miranda, for example. And taking the picture is one thing; publishing it and possibly exposing yourself to criminal or civil action is another.
In “a world that changed on Sept. 11” (thus resurrecting the 1930s Junior G-man), this is an interesting subject. Informed comments, please!