Hassled by the police????

[porkchop2785]

This is a shot in the dark, but I was driving north on Hulen street just south of I 30 in FW today, and just as we crossed the Vickery st./ railroad yard bridge, there was a person standing on the sidewalk being talked to by a police officer, it looked as if the cop was checking ID.....what caught my eye was the big Nikon body with a quite large lens attached sitting on a bag at said persons feet. They were obviously taking a shot of the rail yard with the skyline in the background. The cop had stopped in the right lane bottle-necking traffic, this is how I was able to take in the situation in detail.

like I said shot in the dark but I was just checking to see if this happened to be anyone on here?

[Christopher Mac]

There are a lot of reasons people can be stopped with a camera in their hand. I remember one instance where the guy screamed bloody murder but it turned out he had a restraining order against him and he was too close to a young lady who was having lunch with another guy. I guess the photographer was taking pictures he should't have. Sometimes photographers shoot in drug infested areas, and the police are just checking things out. Maybe the photographer resembled someone on a wanted list. Or maybe the photographer has a light stand that's obstructing sidewalk traffic.

Yes, something similar has happpened to me before. I carry a copy of the Photograper's Rights in my bag, and I've got a couple of sections of that memorized. It helps in the conversations. Things seemed to have calmed down a bit since 9/11.

Bottom line, if I'm not on private property, I can shoot anything I want. I've always found the best way to handle these things is to be extremely polite. But I don't ever pack it in - I remain onsite shooting. I know my rights. If things can't be resloved on the spot, that's what lawyers are for.

[Tim-in-TX]

As someone who has his police scanner most of the time, at least once a day I hear a "caller advises a suspicious person with camera taking pictures". Really? Someone with a camera taking pictures? Well, once they are dispatched they are obliged to answer the call and do a basic check, which usually involves a license check. Then the officer has to explain that every soccer mom with a cell phone sees Al Qaeda on every street corner with a camera and feels the need to use 911, so he has to waste valuable time by responding to such bogus calls.
Most of the calls do seem to come from the downtown area though. I guess it is the whole "terrorist and tall buildings" syndrome that all the Xenophobes suffer from.

I guess my point is, please don't blame the police for such things. 99.9% of them are smart enough to recognize "ordinary" photographers. If you see such a thing, or are subject to such a thing, it is usually because they were called. Now Security Guards are another matter!!!

I personally have never been stopped and or questioned by anyone, much less Police OR Security Guards. I guess I just have an honest face.

[RKDauph]

Be careful in DC also, I was Hassled by the Washington, DC Park Rangers for taking photos I just wrote it up on my blog.

[porkchop2785]

I understand what you guys are saying, I guess i should have titled this thread different, no dissrespect towards the police. the total purpose of this was to see if happend to be anyone on here....

on the other hand, with the photographers rights brought up.....is there any restrictions on shooting a facility such as a nuclear power station? if your hundreds of yards away on a public roadway? the reason I ask is I have been wanting to do some night shots of comanche peak nuclear power plant, but my friend who is a cop said that with the homeland security thing that if I were to be seen the Feds would be up my rear.
I am the kind who thinks its better to beg for forgivness than ask for permission in these instances.... what do yall think?

[LanceHaynie]

Originally Posted by porkchop2785

on the other hand, with the photographers rights brought up.....is there any restrictions on shooting a facility such as a nuclear power station? if your hundreds of yards away on a public roadway? the reason I ask is I have been wanting to do some night shots of comanche peak nuclear power plant, but my friend who is a cop said that with the homeland security thing that if I were to be seen the Feds would be up my rear.
I am the kind who thinks its better to beg for forgivness than ask for permission in these instances.... what do yall think?

Well they have a website http://www.txucorp.com/power/plants/comanche_peak.aspx you could always email cpvisitors@luminant.com and see if they have insight. I dont really think that begging forgiveness from the Feds sounds like fun about now.

Seems like it would be an interesting shoot though, I finally did get that remote for my D40, pretty cool, tiny thing.

[RKDauph]

As a pilot, I will tell you that the security around the nuke plants is tight and the Feds do not mess around. The rules that came out after 9-11 clearly (right) stated an aircraft will not fly/loiter 'in the vicinity' of a nuclear power plant. As we had 3 nuke plants in our service area (helicopter EMS ops in UpState NY) I tried to determine what 'in the vicinity' meant so I could advise the pilots. Even after talking to the FAA in Washington DC, the best answer I could was 'we'll know it when we see it'.

"Beg for forgiveness" may not be the correct route in this case.

[Phototx]

I recently heard an accounting at a photo club meeting about just this subject. The gentleman was photographing converging railroad tracks on the back side of Galveston Island standing on Port Drive when Homeland Security showed up in a black suburban and siezed all of his compact flash cards. He was on a public roadway and offered to let them look at all of the photos on the cards but they told him they were not the experts and would have to send the compact flash cards to forensic's. I believe it was over a month before the cards were returned and they seized every card he had in his possesion not just the one in the camera. He could not even continue shooting at another location without cards and his effort turned into a wasted trip.

Glen
www.phototx.net

[Toad]

Doesn't homeland security still need a warrant or something to do that?

[Phototx]

Originally Posted by Toad

Doesn't homeland security still need a warrant or something to do that?

I wouldnt think so. I am not an expert on the law but I believe that they have the right search your car if they stop you on a traffic violation. I see it regularly running down the highway in the South Texas area along the border. They were polite to him and just doing their job. I am sure that if he had refused that the refusal itself would have raised more suspicion and proably would have gotten him arrested.

Glen
www.phototx.net

[Howard Barlow]

Originally Posted by Phototx

I am not an expert on the law but I believe that they have the right search your car if they stop you on a traffic violation.

Absolutely not. If it is just 'routine' stop for traffic, such as speeding, no search without consent or probable cause, unless you are arrested.

[LanceHaynie]

Originally Posted by Phototx

I wouldnt think so. I am not an expert on the law but I believe that they have the right search your car if they stop you on a traffic violation. I see it regularly running down the highway in the South Texas area along the border. They were polite to him and just doing their job. I am sure that if he had refused that the refusal itself would have raised more suspicion and proably would have gotten him arrested.

Glen
www.phototx.net

According to my attorney (thought he could be wrong) I have been told they DO need a warrent. He said if the pull you over they can not search your car without reasonable cause.(IE you roll down your windows they can not type thing, the specifics I do not know).

I believe it has something to do with the Fourth Amendment

The Fourth Amendment (Amendment IV) to the United States Constitution is one of the provisions included in the Bill of Rights. The Fourth Amendment guards against unreasonable searches and seizures

[porkchop2785]

Thanks lance for the info...I will try that route, most of the time when I envoke my "beg for forgivness" philosophy, I am not doing anything that could be misconstrude as a terroristic action, glad you got the remote, if your ever in the are and want to go out and shoot at night let me know

[LanceHaynie]

Originally Posted by porkchop2785

if your ever in the are and want to go out and shoot at night let me know

Heh, I am generally never in that area. Spend my time closer to Downtown Dallas if anything (generally around there a couple times a week)... If you want to do some night stuff we can arrange somethin.. Its not too far of a drive to Ft Worth.

[Phototx]

Originally Posted by Howard Barlow

Absolutely not. If it is just 'routine' stop for traffic, such as speeding, no search without consent or probable cause, unless you are arrested.

Do you think that "threat of terrorism" would be considered a factor for probable cause?