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Citizen Photographers v. The Police?
"Police told Hairston that they did take Cruz into to custody, but they said Cruz was not on his property when they arrested him."
OK. I'm more inclined to believe the cops... wait a second...
"A neighbor said she witnessed the incident and could not believe what she saw."
"He opened up the gate and Neffy was coming down and he went up to Neffy, pulled him down...
Oh, you dumb, dumb cops. Of course Neftaly Cruz was "not on his property" during the arrest if you went onto his property and dragged him off! Why would you do that in front of witnesses?
To tomstdenis's argument that, even if the police really did violate people's rights, they should be treated leniently because "[P]olice are people and do bad things," reader alienmole points out a crucial difference:
The difference is that police have powers which ordinary citizens don't have, so when police do bad things, it can have severe consequences. Quite often, they're not held accountable for that, which again results from an abuse of power. That's what this is all about: accountability for the actions of public servants, particularly those with extraordinary powers. Cops in general are not the enemy, but bad cops are certainly an enemy which needs to be guarded against and eradicated whenever possible.
Reader BINC wants to know whether Pennsylvania actually has a law which would illegalize Neftaly Cruz's cellphone photo of police in the act of arresting a suspect. He writes
Many readers linked to online information and commentary on the recognized rights of photographers (at least in the U.S.). Reader pen was one of several to point to Bert Krages' site:This seems to be part of a national push. In Montana it extends beyond photography. I have recently been threatened with being charged with "Obstructing" for not yielding to a warrantless search of my property, so I looked it up. See data.opi.mt.gov/bills/mca/45/7/45-7-302.htm especially paragraph (2). !!
General defense in Montana is insisting on trial by jury — provided one represents himself; otherwise it invites rapid bankruptcy — but trial by jury is not guaranteed by all states' consitutions for all crimes.
Reader hacker linked to an informative PDF and offers a useful summary:Here is a handy pamphlet called The Photographer's Right that provides some advice for dealing with a situation like this.
Except in special circumstances (e.g., certain government facilities), there are no laws prohibiting the taking of photographs on public or private property. If you can be there, you can take pictures there: streets, malls, parking lots, office buildings. You do not need permission to do so, even on private property.
Trespassing laws naturally apply. If a property owner demands you leave, you must. But if a place is open to the public — a mall, office-building lobby, etc. — permission to enter is assumed (although it can be revoked).
In terms of the law, trespass and photography are separate events; the former is illegal, but the latter is not. Only if the use of photographic equipment itself violates a person's privacy (e.g., by using a long lens to look into someone's private room) might it violate privacy law. Further, while people have a right of privacy, businesses do not except as it relates to trade secrets.
Subject to specific limits, photographers can publish any photos they take, provided those photos do not violate the privacy of the subject. This includes photos taken while trespassing or otherwise being someplace they shouldn't be. Taking photos and publishing photos are two separate issues.
Please read the full PDF here with much more detail. I print copies of this on 4x5 index cards and keep them with me at all times when I'm taking photos in any public place.
Also, if someone demands your "film" or your camera, let them know that it is not legal for them to take it, unless you have been arrested of a crime involving that camera and that film. The crime for someone to demand and take your camera or film, is called theft, and threatening to do so (or to "break your camera"), is called coercion. Don't tolerate either of them, and if your equipment IS taken or broken, call the police and file charges.
PsychosisC contributed a link to a short video called " BUSTED - The Citizen's Guide to Surviving Police Encounters," writing "I've only had two encounters with police officers... but both of them sort of leave me thinking less of them."
Rights on paper aside, many readers posted horror stories of arrest-happy police; leereyno pointed to one that made the news in the Mid-Atlantic region, writing
According to reader rs79, this sort of thing on wouldn't happen north of the border; rs79 writes "I've photographed cops here in Canada arresting people a couple of times. They don't care." To this, RajivSLK says[T]here does seem to be an increase in cases of police officers getting confused and thinking they work for the Gestapo. There was a case a month back or so where the daughter of a police officer was arrested for "trespassing." She and a friend were lost and had stopped to ask a police officer for directions. The officer refused to help them, stating that they would have to find their own way out. A few moments later they spotted another officer and drove over to where he was to ask for help, at which point the first officer rushed over and berated them for daring to ask her partner for help when she had already told them to get lost. ... A few minutes later these same officers arrested them for "trespassing" ..... on a public street. The girl and her friend spent the night in jail. They weren't charged of course because they hadn't committed any crime.
I don't know how this case turned out for the officers involved, but it shows a serious lack of oversight when two cops are able to run wild and abuse the public in that manner.
[...]
In most parts of the world, being a police officer is met with about the same level of respect as a personal injury lawyer would be here, if not less. The police are held in contempt because in most parts of the world, particularly the 3rd world, corruption and abuse are almost part of the job. Police officers in the U.S. are, at least among healthy segments of society, viewed with respect if not admiration. But this esteem is fragile because at the end of the day the police are armed agents of the state and that makes them difficult to love. So when officers abuse and betray the trust of the public and make false arrests, all it does is make life that much more difficult for them and and their fellow officers. Things like these are noticed, and remembered.
It's not so rosy up here in Canada. This past Canada Day the Victoria police instituted a policy of mandatory searches on all buses heading downtown. They can get away with this because, on Canada Day, the bus is used mostly by young people going to clubs. I objected to being searched thinking that I would simply not be allowed back on the bus. Instead, to my complete surprise, the officer began to become very verbally abusive and I was arrested for "Drunk and Disorderly Conduct."
No breathalizer, no sobriety test, nothing. 100% solely based upon the officers "observation." I was processed and thrown into a dirty cement holding cell that lacked even toilet paper let alone a bed. As it stands, the Victoria police can arrest anyone at anytime under the charge of "Drunk and Disorderly" with no evidence and no sobriety test.
I can't wait for the day when *I* can video tape everything. That should provide a little balance to things.
ZorbaTHut suggests the sort of technological answer that RajivSLK's looking for, which might remind Neal Stephenson fans of the "gargoyles" in Snowcrash.
I've been waiting for a mini-stealth-camera-and-recorder to appear. I want a little device, the size of a cellphone camera, that fits in a button or a necklace or a belt buckle or something equally inconspicuous. It should be connected to a waist controller, which would include battery pack, storage (hard drive or flash), and wifi. Wifi so that, whenever it can find an available internet connection, it can upload its contents to a secure server located elsewhere.
Just imagine that. "Sorry sir, you took a picture of something you weren't supposed to. I'm going to have to confiscate your camera." "The pictures are already in Texas, and in ten minutes they'll be posted online. Same as the recording of what you're saying right now. You really want to illegally take my possessions, Officer Frank, Number 3894?"
Many thanks to the readers (especially those quoted above) whose comments informed this discussion.
The simple fact is the police can arrest you at anytime if they don't like what your doing, under the guise of being drunk/abusive/offensive etc. It's more hassle than its worth to try and make a complaint and even then it's unlikely any action will be taken (your word against theirs) also police are just people and 'people make mistakes'. So what happens is as a citizen do you stand up and have the inconvinience of spending the night in a cell? no, it ends up being far easier to just do as they say...
Did you guys read that? You should:
http://data.opi.mt.gov/bills/mca/45/7/45-7-302.ht
"It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, provided that the peace officer was acting under the peace officer's official authority."
What???
So, if the police are acting illegally by not having a warrant to search my house and asking to search it anyway, I'm obstructing and this law makes it legal?
Ohhh - but they were acting under official authority. That's so comforting.
the officer(s) involved are subject to some sort of corrective action.
Some sort? They should be subjected to dismissal and incarceration.
This is, however, NOT representative of a "police state" or anything like what some in the original article went on about.
What this does represent is that for the first time, middle-class white America is subjected to the same kinds of abuses that poor and/or minority comminunities have been for decades.
That's what's new here. That's what's different.
LK
"Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
I feel that your best defense in these situations is to call 911, if possible. No, it won't help you at that immediate point in time, but now there is a recording of the conversation you had with the law enforcement agent: Police, Sheriff, FBI, etc.
In this case, if the person called 911, there would be a recording where you could hear them being dragged off the porch and hear the gate being opened and closed. Proof that the person was not on public property as claimed. If someone is attempting a warrantless search, you can have it on record that you aren't giving them permission to enter the premesis, and have a recording of any threats that they make to you to force their way in.
Another benefit is the recording is now stored off-site. With a video camera, regular camera or phone if they take it, you lost your evidence. If you can get that data off-site, they can't take it from you without a lot more work. (Maybe the 911 tape disappears, but without the FBI or NSA, AT&T isn't going to delete the record of the phone call to 911.)
Now, I don't think that all cops are bad. In fact, I have nothing bad to say about any of my experiences with law enforcement. However, I am white and live in a low crime area - the last "major" arrest in my town was over 10 years ago. So my experience may be different than yours.
Perhaps the best advice I can give is to think about the best thing to do if you were ever in these situations. Everyone does it for RPG games, just think about real life in those same terms.
FBI wants to search my house?
My wife calls 911 and tells them armed men are trying to get past me to enter the house without my permission. Didn't lie. Just didn't mention that they are federal agents. I'm sure the Sheriff will show up pretty fast with a call like that. Now, I have an officer that will hopefully be on my side in the matter. If not, I have pissed them off, but am no worse off. I also have a record that I didn't give them permission to enter. Then my wife can start calling the neighbors to come over and call the TV station, and I have made a big enough scene to (hopefully) be protected. I don't know if that is the best thing I can do, but at least I have thought about it enough to have a plan. In this case? Immediately send the photo to everyone in your address book. They can get the phone, but not the data. (It may cost you $0.50 or something, but probably worth it.)
This is, however, NOT representative of a "police state" or anything like what some in the original article went on about. This is also not 1984, nor is it because of the "environment fostered by the PATRIOT Act" or the Bush administration, or anything similar.
Bullshit. You don't read sites like photo.net, where stories of police harassment and intimidation are the norm, not the exception, and many photographers have stopped trying to photograph anything they think they might get in the slightest trouble over.
Those are just the few examples that immediately come to mind.
Try this search on for size. Add on fun keywords like "harassment","arrested", "questioned", etc.
People are rotuinely roughened up, threatened with arrest or being "reported" to the FBI, arrested and detained then released before the charge-or-release 24 hours are up, lied to about their rights, what the law is, or what they are criminally liable for, had film/cards confiscated, their IDs demanded (would it scare you more if I called them "papers"?), and so on. These days just about anything gets you on various watch lists and that means even more fun.
We live in a country where you can be arrested for taking a picture of a bridge on vacation and get harassed trying to board a flight home because you were placed on a "watch" or "no fly" list. Wake up and smell the fucking coffee- we're fast headed the way of fascist and communist countries.
Please help metamoderate.
All I see is a government availing itself of everything possible technologically to do what it believes is the right thing, with technology enabling the kind of massive, omnibus monitoring.
This may be all you see. I've noticed a lot of people are willing to turn a blind eye on this (and the last) administration.
If the government is only trying to protect us, why are they so quick to step outside the bounds of legality to accomplish its goals? Why have they often resorted to lies and misdirection to accomplish their goals? Why have they so readily blocked investigations that might clear up their honor?
My Dad used to tell me, "If they act untrustworthy, they probably are untrustworthy." Respect and trust are to be earned, not demanded, nor due. This current administration has destroyed the little bit of trust and respect I had after the *last* administration.
The government that demands transparency from its citizens, but is in turn completely opaque, is hiding something dishonorable. *That* is why some of us make a big deal about seemingly insignificant details. After all, most of us realize it takes a lot of pixels to make a picture.
Personally, I'm glad we're making a big deal about this. Part of it is education. There are too many people who think police have the right to infringe on *your* right with no just cause. Too many people are unaware that we as citizens *have* many rights.
And finally, it's always nice to see a bully get his come-uppance. I really hope that fucker gets nailed to the wall. I mean, literally. I've got a hammer they could use.
Microsoft is to software what Budweiser is to beer.
Here's an idea: We should organize a "Police Photography Day." On this day, the participants would go around legally taking photographs of police officers. This would be done in the most polite manner possible, and would be photos of officers doing their everyday activities. There could be a set of documents participants would carry, explaining the idea of "Police Photography Day" to concerned officers, and explaining that such photographs aren't illegal.
Seriously, a big problem seems to be that officers (and many citizens) simply don't realize that citizens taking photos of them in public places (or from their own property) is completely legal. Organizing a day like this could help raise awareness about that.
For people to read and hopefully gain another prospective & protect yourself.
At 1 am on the morning of September, 2005, I was awoke by a persistent knock on the door. I opened the door to find three officers asking me about a smell in the building, and asked me to enter the apartment. I told them I did not smell anything, and refused to allow them entry into the apartment. The main officer continued to ask me about the smell, and if he could come in, and I refused by telling him "no you may not come in". At some point in the conversation my fiancé came into the room and the officer ask if she was ok.
He again asked me if he could come in which I said no one final time and attempted to close the door. At that point the office had his foot inside the door jam to prevent the door from closing. I again attempted to close the door by leaning on the door. The officer pushed the door back throwing me back while stating that I had committed battery against an officer by hitting him with the door and proceeded to hit me about the right side of my face, while attempting to cuff me. I struggled with him only mildly trying to understand why I was being charged, and never threw a punch or was violent in any way against the police. He continued to hit me after being thrown to the ground and being completely cuffed.
I was then taken out to the second floor stairs were the officer hit me multiple more times on the right side of my face. I was completely hand cuffed at that point and was not able to resist. I screamed out multiple times "stop hitting me, stop hitting me".
The officer then grabbed me by my cuffs and lead me to the car were I was placed in the back seat. The officer returned a few minuets later with my marijuana pipe asking me if this was why I did not let him in. He then stated "I can't wait to get you to the station and kick your ass." In front of the transporting officer in this case. The transporting officer had no other involvement in this incident he pulled up on the scene as I was being taken out, and was polite and professional in his duties. I was seen in Ward D at the local hospital and released without medical aid to the county jail.
I was seen and treated for my eye and a concussion in the jail by nurses station within the jail the next morning after vomiting twice in the holding cell over night, and complaining of pain. I was given pain relief and given a call back and was told to see some one outside when I got out. I was released on bail the next day.
I returned to the Emergency room twice and was diagnosed and treated for an Ocular Floor Fracture on the right side of my face. I still suffer from numbness on the right side of my face under and around my eye. I had a follow up appointment a few months later to determine if I need surgery to correct orbital sink or any other complications that can occur due to my ocular floor fracture.
I am not known here by many, but the few that do can attest that I am a college grad, and navy war vet. I have not been in a fight since high school and am not violent by anymeans. I never resisted hit or otherwise attempted to hurt the officer in question.
I was charged with two felonys and two misdomenors neither deserved, & foolishly listened to my lawyers advice & took the states offer of a PTI which nullified any possibility of a civil suit. I live in a small beach town, and see the officer on a weekly basis, and fear him returning to my house so can not file a IAS investigation.
By carefull everyone because they are NOT there to protect you despite what it says on the patrol car.
DP
"(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.