Photography is NOT A CRIME

[jgrindal]

Today I was waiting on my wife to finish work before we could go to the rodeo. I had some time to kill, it was approximately 6pm (I know, we were running late) and I was near Transco (Williams Tower) so I thought I would take some photos with the waning light on the tower. I saw red and blues and thought I would go investigate, maybe practice some photojournalism style photography.

When I arrived on the scene 3 police cars had pulled over a blue Mustang and had arrested the driver and the car was being towed. I was on the sidewalk, out of the way of the action, snapping a few shots. See scene below:


After arresting the driver of a blue Mustang, Houston Police Officer Johnson questions his detainee in the back of the police car.
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Houston Police Officers Johnson and Ruiz collect information on the driver of the blue Mustang.
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Houston Police Officer Ruiz makes arrangements with tow truck to have the blue mustang impounded.
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Then things got interesting. as I tried a few new angles, a third police officer (Officer Hudson) became agitated and told me I was not allowed to take photos. I noted to him that I was in a public place and was simply photographing the scene, that if I was in any way impeding his work, I would be glad to comply with his orders, but otherwise I would continue about my business. He insisted that I was disrupting his work by taking photos as he "doesn't want his picture taken." He noted that the scene was an active police investigation and that I would have to 1) stop taking photos and 2) delete the photos which I had taken. I politely refused, stating that I was in my full rights to take the photos, and that I intended to keep them, noting that there probably wouldn't be any good ones anyway.


Houston Police Officer Hudson attempting to disrupt my picture taking.

Upon noting my refusal, Officer Hudson reached for my camera, as if to take it out of my hands. I pulled back and again reiterated my point that I was in my rights to take the photos. He stated that I could either delete my photos or he would arrest me for obstruction of justice. Appalled, I informed Officer Hudson that arresting me and getting a warrant for the photos would be the only way to get me to delete them and that I wanted his full name and badge number. He refused to give it to me. He told me that he was in a "generous mood" and would give me a chance to walk away. Noting that the situation could not end well for me, I noted that I intended to file a complaint against him, and headed on about my way.

Photogs, please note that you have rights and don't let police bully you around. Obey the rules, but remember that PHOTOGRAPHY IS NOT A CRIME!

[Nahtjay]

wow nice photos. and i have heard of something like this before. nice to know. glad he didnt get out of hand

[S-Man]

wow, way to keep your composure man. What do they do when a news team reports on their activity? What about the show COPS? It's a shame that an officer of the law is so uninformed. If he was suspicious of your intentions, he, At the most, should have just asked your business and politely ask that you discontinue photographing the scene.

[Imagebuffet]

I know you were in your rights, but I'd prefer not to be so antagonistic about it. The officer tells me to leave, I leave.

[BigC]

Criminals hate wittness's.

[Duffy Pratt]

He was not uninformed. That's why he suddenly got into a generous mood. He knew that Justin was right. He also knew that almost everyone would succumb to intimidation. And he also knows that there are basically no consequences to him for being a jerk and trying to trod on other people's rights. In the end, he got a compromise, because the photography stopped. Justin could, of course, stuck by his rights and continued photographing, but that could easily have ended badly for him. And anything he might ultimately get from that course would almost certainly not be worth the aggravation and the loss of time.

Duffy

[jgrindal]

The thing that gets me is that if he had simply said "I really don't want my picture taken while I'm working, would you mind taking off?" I would have been alright with it. But he immediately starts on the "You can't take photos" shtick.

Then he had the audacity to tell me to erase my photos? Threaten to arrest me? Refuse to give me his full name and badge #? That is unacceptable behavior. I've always been a big supporter of the police - they have some of the hardest jobs possible, but that doesn't excuse those actions.

I'm sorry if I seem like I'm ranting, but this really got under my skin.

[hotshot38]

I keep copies of this in my camera bags: http://www.krages.com/phoright.htm

And this one is always helpful: http://www.kantor.com/useful/Legal-R...tographers.pdf

The only time I've ever been confronted was years ago. I politely...let me reiterate, politely, asked the officer to read the first paper, explaining that it would explain the 'why' I have the right to photograph the scene, and that I would gladly discuss it with him later, but in the meantime there was a house burning to the ground and I was missing the shots. He then politely let me have SAFE access to the scene.

It was a small town that I lived in at the time, and I later met the officer at the station and brought enough copies for the entire force. After they knew who I was, I didn't have any problems in that town.

Education is the key, and would probably alleviate the number of situations like this. Amazing how often I'm asked to 'put my camera away' because it's 'big' and 'professional' yet others don't get bothered using their cellphones. Heck, I can take just as an embarrassing photo pretending to talk on my cellphone (re: Lucky Number Slevin elevator scene).

[janikphoto]

I used to do a lot more stuff for the paper that had me working with the police, and I can tell you this:

Most of them are nice, but there are a few that you just need to avoid!!! I don't know how/why the police force hired these few, because they were just plain bad people. But, yeah... most of them are actually there to protect and serve, and will be cool.

[CallMeAl]

You are right in your right to photograph the officers as it was occurring in a public place. However, depending how close you were to the officers, I might have asked you to move back, but not to stop taking photos. The perspective you show is that you were next to one of the patrol cars...as an officer conducting an investigation....you are too close. Not only for my safety, but yours. Remember, back in January, a Houston PD officer was shot in the head during what started as a "routine traffic stop." The difference between you and the media...the officers are usually familiar with the regular media/photographers and know what their intentions are. They also know what's appropriate and what's not.

Again, you are within your rights to take the photos and the officer was wrong to imply that you couldn't, but it's in your best interest to stay back (just use a longer lens) when photographing a police event.

[Tom]

Just FYI, I always carry a dummy 1 GIG CF card that cost me $150 back in the stone ages. When confronted by cops, I try to switch out my good one with that one and snap a few pics - even if it is just from the hip.

Cops can be brought up on federal civil rights abuse charges for deleting your images, because you have the first amendment right of freedom of the press to take pictures from a public area. That is a case that the ACLU would take up for you, so it would be at no cost to you, if you have a solid one.

Right now in Michigan, cops have had charges of destruction of evidence for deleting photos taken by a Michigan reporter. They actually filed in their police report that they deleted the images.

[photostein]

YOU SHOULD HAVE MORE RESPECT FOR LAW ENFORCEMENT.

I am disappointed in this post and ashamed to hear your behavior with our HPD. I would like to see you walk in their shoes for 24 hours and see if you have a different perspective. If you are former HPD, then you have little respect for your brothers in law enforcement.

Either way, photography rights or not, there is something called manners. When police officers are trying to take care of business with a possible criminal (they are not necessarily a criminal until their case is heard and a verdict given), YOU SHOULD GET THE HECK OUT OF THE WAY.

The liberalism in this country, represented by this OP, is completely overtaking all aspects of human thought. Just look at those defending the OP in this post. You all want the rights, but not the responsibility to have the manners and gentlemanliness that comes with certain activities.

RIGHTS do not constitute RIGHT!

Your behavior may not be a crime, but it is a complete adulteration of the photography world and why all the cities are cracking down on those that have more respect for situations and people involved in them.

Please think about this...

[resehop]

I have never seen the words written backwards accross the front windshield like that such as seen in the first photo. Obviously, I know what it is for but I have just never seen it.

[timbertoes]

WOW, P-Stein, you really need to get an Avatar.
I am sure that a good Avatar will bring you back down to Earth.

[andyz]

photostein, I can't disagree more. I was a cop, (military, so different, but similar) and have many friends who are cops in my city. But they serve the public. There are checks and balances. If there was imminent danger that is one thing. But to say something is illegal when it is not, and to refuse to identify oneself, that isn't acceptable.

As was noted "hey, I'd rather not be photographed" would be sufficient. But the threat of force takes away our rights that they are there to protect. Where would the photojournalist be if they couldn't take pictures of this or similar circumstances?

Separate but similar, the last time I was pulled over for speeding was many years ago. A stretch of road was rezoned from 30 to 40. I was pulled over for doing 40. The cop said it was 30 and I said it was posted at 40. "Prove it" he said. I pointed to yet another 40 MPH sign about 20 yards in front of me. He said he'd let me go this time. To say he hadn't realized the recent increase is one thing. But to say he was giving me a break because I obeyed the law, ticked me off. We all make mistakes. But don't lie about it.

I think the situation was diffused well.