I’m always amazed at how some of the worst, nastiest, most hardened criminals will cooperate to have their mugshot taken. Why, just take a look at this unsavory fellow: http://estb.msn.com/i/E7/9F97F1C7F145801FD586A4954C5.jpg
What happens if you don’t politely stand there and let them take your photo. Can they force you to have your mugshot taken?
As an anecdote, the one time I was booked (in 1975), the cops were bringing in some drunk guys who had been fighting (maybe with the cops) and were rather the worse for wear. One guy resisted having his mug shot taken and ended up being photographed while one of the cops held him up against the wall by his throat.
Not to mention that your behavior at arrest will be noted on sentencing. You wanna be the guy that the judge gets to see being held by a sheriff for a mug shot?
I don’t think you have much choice about anything when you are arrested (other than whether you have to answer questions that might incriminate yourself). Why would you think otherwise? I imagine the same thing would happen that would happen if you didn’t politely get in the police car, or didn’t politely go into the jail cell, or didn’t politely submit to a search and surrender your personal effects. They would force you to.
A lot of people believe that smiling savedthis guy a lot of political face. Meaning that the democrats were hoping to use a “mugshot” to depict him as more of a criminal rather than looking just like him posing for a picture.
I was really wondering what would happen if you did everthing in your power not to have your mugshot taken. What if you wouldn’t stand up, wouldn’t look at the camera, made weird faces, etc. Would they forceably hold you in place while they take your photo?
If I was any sort of public figure and was accused of a crime, I might do everything in my power to prevent my mugshot from being taken. Especially if I was innocent. Those mugshots seem to follow the celebs around forever.
On some recent TV show they showed a mugshot of Larry King. My first thought at seeing the mugshot was that he committed a crime. But later I realized that the mugshot is taken when you are arrested. Whether he’s innocent or not, that mugshot lives forever.
Yes, you have to permit your photo to be taken at booking. If you don’t, you’ll be held in place so that it can be taken, and that will probably be brought to the judge’s attention at sentencing. Actively fighting to keep from having your photo taken may result in an additional charge of resisting arrest, disorderly conduct or even obstruction of justice. If you have a genuine religious objection to having your picture taken, I guess you could try to persuade the booking officer, but I doubt it’d work and there just wouldn’t be time for your lawyer to run to court and get an injunction.
My dad insists that, when Ohio began requiring photos on drivers licenses back in the 1960s, a friend of his told the BMV he had a religious objection as a Druid (!) to having his photo taken. The BMV allegedly bought it and, instead of a photo, a small gray square with the words “RELIGIOUS EXEMPTION” appeared on his license. I, however, have my doubts.
OK, first, that picture of Larry King is terrific! Wow, like it’s so 70s, man. Far out and groovy!
So I can see that the cops could hold you up against the wall to have your mugshot taken. But what could they do if you insisted on making funny faces? You know, crossing your eyes, sticking out your tongue, twisting your face up, that sort of thing? Do they have some sort of face-clamp or do they just beat on you until you stop?
Not that I’m recommending this course of action, just curious.