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Photo

police just stopped me? need help


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12 replies to this topic

#1
Geraldine Hofer

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just recently I took a picture of a friend of mine it was for her birthday we took pictures on a specific park. unfortunately a police stop me and told to delete the picture ( in which my heart was crushed because of the effort). Cop did not ask me for anything except for deleting those pictures that i took.

 

 

here is my situation:

I am new to photography ( been practicing for moths now)

I am not licensed ( but one day i will) and one day will open up business on my own. 

I have a professional camera D7100 with detachable lenses.

most of all i just love taking and stocking photos. 

 

so my question is, what can i do to prevent a police stoping me in the future? tips and advice will be much appreciated. thank you for your answers in advance. 

 

 



#2
Merco_61

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Here is a blog post about photographer's rights. Basically, as long as you aren't trespassing, you are allowed to photograph anything that isn't prohibited by signs or active guards for your own use. To use photos commercially, you need permission from property owners and people who are in the photos, but taking the photos is allowed.



#3
alden

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Were you on private property, making portraits of random strangers, photographing a military installation, anything like that?

 

Otherwise, I'm curious as to why a LEO would make you stop.



#4
deano

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I was out photographing local business one night, 9PM, and the local cops stopped me and asked what I was up to.  Told them I was taking photos of local business, they left me alone.  

Another time, I was on the edge of an entrance to a sub-division that has an interesting lake taking photos of the swans.  The guard from the gated entrance came over to me and told me to leave.  I said I was on public property, he became more indignant, so I left.  I think it isn't so much the law but the law enforcers view of life and your infringing on his supposed territory.



#5
Thumper

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He can't force you to delete your photos.  All he can tell you to do is leave. 

 

I had an incident a couple of years ago where I was approached.  My brother-in-law was in the hospital, and during his stay there (which was lengthy), I went outside to take some photographs of the snowy landscape.  I snapped several photographs, and then I was approached by 2 private security officers who were contracted to provide security for the hospital.  One of them told me that I was on private property and that I would have to stop taking photographs.  No problem.   They also said that the reason for this was because the hospital had a PR dept that didn't want images of the hospital distributed or published.  I totally understood, and I agreed.  I had not taken any picture of the structures, only the trees and some of the landscape around the hospital (that didn't include any of the structures or hospital property).  Then the officer told me that I would have to delete the photos.  I told him that I didn't have to, and he couldn't compel me to do so.  I told him that I would be happy to take my camera home and that I wouldn't bring it back. He told me that he was going to confiscate my camera.  I told him that he wasn't going to confiscate my camera and that any attempt to do so would constitute assault on his part, and that I would respond accordingly. (Had he have been a commissioned police officer, my response would have been a little different, and a different conversation would have taken place at that point).   After he sat there for a moment, he said that I needed to take my camera home or secure it in my vehicle until I returned home.  I asked him if I was then barred from being on the property, and he said that I was welcome on the property so long as I didn't bring my camera back.  I told him that was not a problem, and we parted ways peacefully.  (He did have the right to ask me not to come back on the property, but he afforded me the opportunity to return with the condition that I didn't bring my camera back).   It ended peacefully, but the rest of the security staff gave me crappy looks for the rest of the time that I was there during my brother-in-law's stay.  

 

I knew my rights, and I refused to be bullied by a security officer who didn't and just thought that he could force me to do whatever he wanted. And while I was only dealing with private security, your rights still apply when dealing with commissioned police officers.  Go through the link that Peter provided and read it.  Bookmark it.  Refer to it before you go out on a photo walk or before you go somewhere to shoot.  It has good advice for how to deal with situations where you are approached by someone regarding you taking photographs in particular locations and situations. 



#6
Ron

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There's a certain irony to the fact that, while smartphone photography (both still and video) are ubiquitous in our society, once you pull out a DSLR you're marked for possible police abuse. I'm sure that this has had a chilling affect on those who practice street photography but even amateurs taking snapshots are often accosted and bullied. Usually, neither party knows what the rules are but many people are so shocked at being stopped by someone flashing a badge that they're easily taken advantage of. And, the 'officers' who should should know the law are often just as ignorant.

 

Many of us, probably most in fact, would prefer not to have to deal with this sort of situation which is why many people do what these officers tell them. 

 

--Ron



#7
Russ

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Always make sure you get their name or badge number. Then you can sue them over there can't you?



#8
csgaraglino

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Your profile says your in the US, and while I'm no lawyer, it's my understanding (after 23 years shooting) that as long as you are on public property you can shoot anything, anybody, at anytime - AS long as your not violating anyone's presumed privacy. For example, if your standing on the sidewalk or in the street, shooting your best friends wife kissing the neighbor at the front door, your good. But if you shots them having sex through a open bedroom window - no good!

Think paparazzi - but remember "presumed privacy".

Now, that doesn't mean that you can do what ever you want with the photos. For personal use, your good. For commercial use, you need a model release for all people, and in some cases a property release. Also, be careful of brands; I shoot a Union Pacific Locomotive over a very old (now demolished) bridge and made canvas prints posted for sale and got a letter form the UP stating that I was not licensed to capitalize on their brand - understandably so!

Knowing your rights is valuable, but also understand that since 911 some building and infrastructure is sensitive and folks can get a little over zealous is protecting it. I have found that in most cases just talking the to person asking you to leave is all that is needed.

Here some more info for you to consider.
https://www.thelawto...-photographers/

Just my 2 cents!


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#9
Kenafein

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Ridiculous.  You can take photos of anything in public view.  You can't take photos into people's homes where they have a reasonable expectation of privacy.  A police officer can't force you to delete images.  You can even take photos of people in public without a release, how do you think paparazzi operate?  You can also film or take photos of the police.  If you were to use a picture in an advertising campaign then would have to get a model release.  Next time that happens get their badge number and name.  Be polite, but don't let them push you around.  Taking pictures while on private property is entirely up to the owner, but taking pictures of private property from public property is completely legal.  



#10
chuckt

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This situation gives law enforcement a bad name. And all members there of should not condone or support such behavior.
Unfortunately too many do. Those who defuse these situations should be supported by the rest of us. Defuse, deflect and retain our rights to proceed as private and law abiding citizens. It's the over zealous LEO that are in the wrong.

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#11
fallout666

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i know this wrong to happen. but each city region or area have their own rules. with way things been going lately. he might just gone overboard on this issue. i feel for you. 



#12
Brian

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just recently I took a picture of a friend of mine it was for her birthday we took pictures on a specific park. unfortunately a police stop me and told to delete the picture ( in which my heart was crushed because of the effort). Cop did not ask me for anything except for deleting those pictures that i took.

 

 

here is my situation:

I am new to photography ( been practicing for moths now)

I am not licensed ( but one day i will) and one day will open up business on my own. 

I have a professional camera D7100 with detachable lenses.

most of all i just love taking and stocking photos. 

 

so my question is, what can i do to prevent a police stoping me in the future? tips and advice will be much appreciated. thank you for your answers in advance. 

A public Park in the US- USUALLY is open to photography. Some require professional photographers to pay an extra fee. Some historic sites on public land may not allow photography in certain areas, usually in older Mansions with loaned antiques. Same with Museums- many allow photography, others do not- depending on the conditions on which artifacts and art pieces are loaned.

 

Call the local park authority and ask for an explanation.

 

Also- was this a Policaman a member of the police department, or local security?

 

What city are you located in?



#13
Geraldine Hofer

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Thank you all for your tips, advices and story. My camera is still with me. I was talking picutres of my friend for her birthday and there were random people behind the scene. Thats why mr. Officer stop me. To lessen the problem i just followed what he said and then he left. I have also gathered some photo rules and regulations in south florida on the internet. It's a little strict in here but photography is still allowed.

Thank you all very much.

A public Park in the US- USUALLY is open to photography. Some require professional photographers to pay an extra fee. Some historic sites on public land may not allow photography in certain areas, usually in older Mansions with loaned antiques. Same with Museums- many allow photography, others do not- depending on the conditions on which artifacts and art pieces are loaned.
 
Call the local park authority and ask for an explanation.
 
Also- was this a Policaman a member of the police department, or local security?
 
What city are you located in?



Brian he is from the department

Always make sure you get their name or badge number. Then you can sue them over there can't you?




Sorry Russ but Yes we can sue them but I don't want to do that either. On top of that Mr. Officer has the upper hand on that situation. So I did what need to do.