Posted on 05/21/2020 5:10:26 PM PDT by Kaslin
After the crash of a helicopter carrying Kobe Bryant and several other people last year, a bit of a scandal erupted when it was determined that one of the sheriffs responding to the scene had taken photographs of the wreckage and the bodies of the victims. Those photos leaked out into the public over social media, causing distress to the families of some of the victims. But while certainly a tasteless thing to do, it wasnt technically illegal so there wasnt much to be done about it. That will change in the near future if a new bill introduced in the California Assembly makes it into law, however. The bills sponsors are seeking to criminalize the taking or sharing of photographs of crime scenes or accident scenes by first responders. (CBS Los Angeles)
A bill that would make it a misdemeanor for first responders to share accident and crime scene photos in the wake of the Kobe Bryant helicopter crash has passed through its first policy committee and is expected to get support Wednesday from Los Angeles County Sheriff Alex Villanueva. AB-2655 was introduced earlier this month by Assemblyman Mike A. Gipson, D-Carson, after eight Los Angeles County sheriffs deputies had been confirmed to be involved in taking or sharing photos of the helicopter crash site where the Lakers star, his 13-year-old daughter Gigi and seven others diedThe photos that were shared were reportedly of the crash site and victims remains, and had been shared by a deputy trainee trying to impress a woman at a bar a few days after the crash.
Anyone found committing this crime could be in line for a maximum punishment of one year in jail and a $5,000 fine.
While its unsurprising to see California trying to criminalize virtually anything other than illegal immigration, this bill seems to have a number of problems. As I mentioned at the top, its obviously distasteful to photograph a tragedy (and particularly the remains of the recently deceased), but should it be illegal? Assuming the accident takes place out in public as most of them do, rather than on private property, people are generally free to take all the pictures they want. And unless youre trying to profit from someone elses image without their consent, you generally arent going to get into trouble for it.
This bill doesnt apply to everyone, though. Its specifically targeting first responders, including law enforcement officers, firemen and paramedics. Thats an awfully specific law, isnt it? And even if you can single out first responders for punishment but not the general public (which is questionable to begin with), doesnt that just massively dilute the intended purpose of the legislation? If two cars wind up in a head-on collision, the police and ambulance workers responding to the scene would be forbidden from taking pictures, but everyone else rubbernecking as they pass by could whip out their phones and live stream all the action on Twitter.
Even if such a law were restricted to only crime scenes instead of including accidents it would still be on shaky ground. When police respond to some perceived emergency situation, they frequently wont know for a while whether its actually a crime scene or just an unfortunate accident. Its understandable why the police wouldnt want crime scene photos making the rounds in the early stages of an investigation, but it seems as if most first responders would already understand this and restrain themselves.
In order for this action to be limited to first responders, it seems to me that it would be better enacted as departmental policy in the first response units. They could provide for their own disciplinary measures for those found to be violating the rules. Making this a state law seems like an effort thats doomed to fail if anyone challenges it.
How is that being a "fascist"?
What they do in their own time is their business but on the job they are expected to behave in a professional manner.
Or do you think that taking photos of dead bodies on company time to sell is behaving in a professional manner?
We live in a total surveillance society.
There are cameras everywhere we go recording everything we do.
And you go insane and want to destroy someone who took a photo you disapprove of.
You aren’t king of the world, even though you think you are and are so full of hate you can hardly contain yourself.
You think that privacy is only for abortions. As for the rest of it, all authority should be allowed to do anything they wish to the rest of us with no consequences. The professional conduct is for the little people who do not wear the magic blue uniform.
As for full of hate, yes, I do hate it when public servants do not do their job while they are on the clock. This apparently is perfectly ok with you.
Quit embarrassing yourself.
Do you still beat your wife?
No. What happens in public should not be concealed.
Still peeping at your neighbors kids in the pool?
Blacks are upset some cop disrespected their hero, Kobe Bryant and they're 'outraged' so the entire racist system must be dismantled.
'Should it be a crime to take pictures of accident scenes?'
No photos(video) of crime scenes?
I wonder what Mr. Gipson would say about the Rodney King or Ahmaud Arbery videos.
“No such law needed.”
Totally agree. First responders are there to perform a duty and already answer to their superior officers. Anything diverting their attention from their main focus could jeopardize lives. There are news photogs and civilians who take pics as well but that’s a different issue. As long as they don’t cross police/fire lines or contaminate a crime scene they should be left alone.
BTW, anyone recall the movie Nightcrawlers which focused on a freelance photo journalist (Jake Gyllenhall) who set up dangerous situations then camped nearby to photograph the carnage/shootouts and sell pics?
The camel; now having his nose under the tent wall; will soon be inside, pushing ALL 'photographers' into jail for capturing an image that just a few microseconds BEFORE the impact would have been perfectly legal!
(The courts have already ruled there is no expectation of privacy in the public arena.)
This bill doesn’t apply to everyone, though. It’s specifically targeting first responders, including law enforcement officers, firemen and paramedics. That’s an awfully specific law, isn’t it?
Well, the government makes plenty of laws that make it illegal for an ordinary citizen to do what members of the privileged class (i.e., anyone who works for the government) can do. I really don't see a problem with the reverse.
I agree this would be much better handled administratively through agency policy.
Simply make it a disciplinary offence and make the punishment up to 30 days on the beach or termination for a violation.
Cops have been doing this for years.
At least 50 years ago I remember seeing magazines for the police that had crime scene accident photos in them.
Probably the only difference between today and back then is digital photos and social media.
No there should not be a law (but perhaps department regulations might need to be tighten up a bit)
I agree.
However, any one taking such pictures with an intent of exploitation should automatically be open to a law suit from the families involved.
And I mean on a personal level, through some entity, wherein the public would pay the bill.
There's the First Amendment...then there is basic human compassion and responsibility.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.