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I dont understand this... fault the police or the media who filmed him, and discipline them if they must... but the guy STILL HAD COCAINE IN HIS BUTT

I started working in Amateur Photography in the 50's. I learned early, that if you want to ever sell an image, or use it in any way, you must have the person's permission.

If you watch Cops" on TV, you will see many of the faces obscured.

Butt cheeks aren't game. That is an invasion of his rights. They are his cheeks. It is cheaper to set him free, and wait to catch him again. He'd have a good case against the city and photog. He's gonna be there again. I'd bet a thousand bucks on it!

(Did you know that it has been reported, "more than 97% of hundred dollar bills have cocaine traces on them"?)

I learned early, that if you want to ever sell an image, or use it in any way, you must have the person's permission

That's odd. My local sheriff's department posts mug shots of recently arrested folks. I can see how he might have a case for suing for his image being used without permission, but I don't see what it has to do with the conviction.

There is a difference between editorial usage and commercial use of images. If they used the images on "Cops" which is considered a commerical entertainment program, a release is needed. If the image was used on a news program, a release generally will not be needed.

However, if the image is used to defame or degrade the subject, a release is usually needed to protect from libel or defamation lawsuits. In this case, you can assume that this would have defamed and/or degraded the subject as they pulled the cocaine from his buttocks on TV.

The real issue is the way the police department allowed the camera crew to accompany them during the search. Courts have ruled that the Police have no authority to allow camera crews to accompany them into private property without the owner or resident's permission.
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To answer another post, this does not affect in any way photos taken for court records like mugshots which are considered part of a court record and subject to open records laws. If your mugshot has been taken, it is open season. However, it can't be used with inaccurate information that will defame. i.e. using the mug with "John Smith arrested for disorderly conduct on April,8 2005" is OK if that is accurate. Running the mug with the headline, "John Smith: Drunk, Peeping Pervert," is going to get a newspaper in a boatload of trouble.

His butt cheeks aren't game only b/c this took place in a hotel room where he had a reasonable expectation of privacy. Now if he was on a public street, his butt cheeks would be fair game. (smirk.)