Butting Heads with the Law

11/23/07 | bear_slayer

[Bear_Slayer]

While coming home from my son's friend's house I heard on the scanner that there was an accident 1 block past my house. I had my camera with me so I decided to stop and take pictures.

I am a budding independent citizen journalist.

While filming the accident scene I also film a gal on the sidewalk that claims she hurt her neck. Her friend is holding her neck and shoulders as some kind of c-spine protection.

A MHP officer comes over and asks her questions and then asks me if I saw the accident. No, I answer I only came on it afterwards.

He then proceeeds to tell me I can't film and that I must turn my camera off. I politely refuse. He demands more forcefully. I continue to refuse explaining I know the law. He tells me I'm walking a fine line. The tone was that I would go to jail if I don't turn it off. I continue to refuse and he tells me "Shut the camera off." I tell him no.

The short of it is that he demands my license and walks away. He brings it back and he confirms that I am refusing to shut off my camera. Yes, I am refusing. He gives me my license and then walks away.

I ask for his name and he refuses to provide it.

The entire time I am respectful to him. It's all on film.

[Bear_Slayer]

Have I broken any laws?

What does the constitution say about this?

Can either party in the accident ask for my film?

Can I refuse? Can it be subpoena-ed? Do I care?

[MrB]

We’re seeing accounts of this more and more often -

government officials and law enforcement demanding that their actions not be recorded, intimidating and threatening citizens, and hiding their identity (tape over badge numbers).

If they’re doing nothing wrong, they have nothing to “fear” from a citizen’s recording device.

[Chief Engineer]

If you are on your own property, or you are on public property you may take any pictures you want.

[Bear_Slayer]

It was public property. On the sidewalk.

[basil]

Would you have turned it off if the lady you were filming had asked you to? Why did you have the need to film a perfect stranger who had just suffered an injury?

Just asking......

[gitmo]

Can I refuse? Can it be subpoena-ed? Do I care?

Red state or blue state?

[Bear_Slayer]

Red & Blue

[Bear_Slayer]

I might have. She never did ask and she seemed glad that I was filming her.

The officer, OTOH, demanded that I turn it off and claimed some vague legal issue.

[Brian Mosely]

It was public property. On the sidewalk.

Then you are cool. As long as you are on public property, you can shoot away.

http://www.krages.com/ThePhotographersRight.pdf

[Bear_Slayer]

Thanks for the link.

[basil]

If the woman being filmed had no objections, then it seems to me that the police officer was trying to bully you. I'm glad you didn't give in to him.

PS---I don't like to be photographed by anyone, and someone taking a "movie" of me would drive me to distraction. Please don't come to my neck of the woods should I ever be in an accident--LOL!

[rockrr]

I’m going to print that out, laminate it, and keep in in my camera case.

Thanx!

[Bear_Slayer]

Likewise as well and I’m going to forward a copy to the legal dept of the local MHP office.

[Fishtalk]

I have a Blog and have to occasionally deal with this kind of thing.

I don’t think there’s any law against filming this sort of thing so long as you were on either your own or public property.

That being said...I’d be real careful about posting any pics of that victim without her permission. THAT sort of thing can get you into trouble.

although you can blur out her face but it isn’t the filming of it all that’s illegal.

I don’t know what’s the deal with that cop saying you can’t film. What’s he think this is...the old Soviet Union?

[Brujo]

Report the incident, providing an unedited copy of the tape with the officer on it, to the internal affairs department. Ask for clarification on whether the observed behavior of the officer is official department policy.

Politely, of course.

I'm a big supporter of the police in general, but I also believe that if the wrong things happen, there should be an investigation.

[BlazingArizona]

Then you are cool. As long as you are on public property, you can shoot away.

But doesn't New York City require a license to photograph in public now, as a revenue-raising measure? Have any other jurisdictions followed suit?

[Chief Engineer]

That “Photographer’s Rights” should do the job in about 99.9% of any future encounters.

There was a Barney Fife in a Chicago Suburb that told two train fans that they could not photograph trains. When they told him that they had a constitutional right to photograph. Barney told them that the Constitution had been superseded by the Patriot Act.

They went on line and the Chicago Tribune printed a story. Barney got his knuckles rapped hard and Metra, the local commuter operation issued a statement about what photographers could and could not do. Bottom line, if you are on public property, take any pictures you want.

[traditional1]

If the officer refuses to give you his name, get his badge number.

[Experiment 6-2-6]

Have I broken any laws?

no What does the constitution say about this?

it doesn't Can either party in the accident ask for my film?

yes Can I refuse? Can it be subpoena-ed? Do I care?

yes. yes. You should.

[WLR]

Actually I think you did just grand

Thanks from a fellow citizen

W