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Know Your Rights: Photographers - ACLU release.

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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-09-11 10:29 PM
Original message
Know Your Rights: Photographers - ACLU release.
http://www.aclu.org/free-speech/know-your-rights-photographers

Know Your Rights: Photographers

Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties. Unfortunately, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs from public places, and harassing, detaining and arresting those who fail to comply.

Your rights as a photographer:

When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight over the government and is important in a free society.

When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply).

Police officers may not generally confiscate or demand to view your photographs or video without a warrant. If you are arrested, the contents of your phone may be scrutinized by the police, although their constitutional power to do so remains unsettled. In addition, it is possible that courts may approve the seizure of a camera in some circumstances if police have a reasonable, good-faith belief that it contains evidence of a crime by someone other than the police themselves (it is unsettled whether they still need a warrant to view them).
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Stevenmarc Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-10-11 09:35 AM
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1. Knowing your rights is always a good thing
On the practical side I usually keep a printed copy in my camera bag in case I need to enlighten a public servant who might have missed that day in class.

That said, the whole reason I'm out there with a camera is to get a photograph not get into a pissing match with a cop, that's where Plan B comes into action, I shut them down by volunteering to delete the photo then I walk away and switch the card and simply use recovery software on the other card, I have my shot and they think they won.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-10-11 10:24 AM
Response to Reply #1
2. I show the image to the person. I tell them if the image sucks
I will trash it. I assure them that I don't use unflattering images. Of course my definition of unflattering may be different than theirs. I haven't had trouble with police since my days in Africa when a police officer destroyed a roll of film because I photographed a "sensitive" building.
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Stevenmarc Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-10-11 11:23 AM
Response to Reply #2
3. NYC + 911 weekend + credible threat=
Royal pain in the ass.

There are a lot of checkpoints around the city so it's a good idea to chose a lens and leave the bag at home if you want to move around smoothly.

There's going to be a whole lot of hyper vigilance this weekend so I'm traveling light.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-11-11 12:39 AM
Response to Reply #3
4. Something like a 14~140, or go lightweight with a wide angle or kit lens
Like the 14~42 on my Olympus.

I hit two outdoor festivals today. I used the kit lens that gave me 28 ~ 84mm. It was perfect for street photography.

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