Inspired by the latest incident in NO. Can the law define photographing or taping a crime scene as interfering with police?
AFAIK, American courts have ruled that if something is visible from a public area, it is legal to photograph. This means that if your pot plants are visible from a hilltop with a big telescope, you can’t complain that the cops searched your property without a warrent.
So I can’t even imagine that a government official (cop) out in public could claim that you weren’t allowed to photograph them.
OTOH, I have heard stories of abortion protesters coming back from their short lockup to find that their video tapes of exactly how the police were arresting people now only showed black, with a soundtrack that sounded exactly like the interior of a police station. Hmmmmm…
Any cite for this other than “stories”?
In a related story, Southern Ilinois University – Carbondale police confiscated a student’s film after the student photographed the officers making an arrest outside a campus building nearly a month ago.
The university has so far refused to comment or apologize, and the matter is now in the hands of the state Inspector General’s office.
NO. This was told me by a good college buddy who had been told this by people in his hometown, and this was all pre-web, so I’m sure they weren’t making web pages to complain. Sorry.
Is anyone here of the opinion that people who are used to being in charge of every situation and could lose pay or rank for something on tape would never in a million years “accidently” tape over possible evidence of their own misuse of force?
Or you just asking for a cite because you’d like to read about it?
Yes, of course the cops sometimes confiscate cameras or recording equipment and the film or whatever comes back ruined. This is for several reasons…the film has evidence of the cops commiting a crime, or the cops have a grudge against the photographer, or the evidence would be embarrassing to someone.
The question is, is this LEGAL. Can the cops legally demand that you hand over your camera, can they legally confiscate your film, can they legally destroy your film.
And clearly, the answer is no. Yes, cops sometimes do it, but they break the law when they do it.
I’ve always heard that police encounters such as traffic stops are considered public. This is the rationale behind shows like COPS and televised squadcar cams. For example, the offenders can’t demand their faces be blurred.
I am pretty sure that police have the authority to order a person to do something (or at least to stop someone from doing something) but I can’t find the exact wording through a quick search of my state’s statutes. If someone could help me find a state’s law that gives clear powers of the police to order people around, we might have a better attempt at an answer.
I’m sure cops know it is illegal but they know nobody is going to fight back against their threats and after they destroy your film it is your word against theirs.
Jesus, even the developed world sounds like a third world hellhole sometimes. Cops bullying and lying to people to get them to hand over videotape so they won’t be held accountable for their actions, then destroying the evidence after they’ve obtained it illegally.
Really. If I ever videotaped the cops beating someone (or something like that), I’d make it a point to schlep away quietly, and then send copies of the video to everyone in my address book, plus all the local news stations.
I’m reminded of how the Secret Service has acted to protect certain presidents’ reputations. If anybody photographed FDR in his wheelchair, they’d confiscate the film. Same thing with JFK and his back brace. (From what I’ve heard, Kennedy probably would have ended up wheelchair-bound himself, if he hadn’t been shot.) This the same thing as what the OP is mentioning: it was blatantly illegal, but they did it anyway.
Only if it is lawful for them to do so.
I was intruiged that you gave it the specific contet of abortion protests. That’s where I’d like a cite. I completely believe the general phenomona happens, but especially for abortion protests would be a whole other level.
Yes, that’s why I asked for a cite. Abortion-related issues have been so politicized that I feel it’s necessary to ask for extra proof of any allegations.
Agreed that the general phenomenon has happened. Cell-phone cameras appear to make a difference here.
Just as an aside, has everyone noticed that when a cell-phone picture is shown on a tv show or movie that it’s a) always centered and b) perfectly in focus? 
Which is why in my OP I mentioned that great catchall “interfering with a police officer” (= “doing anything at an arrest scene a cop doesn’t like”).
New York has (had?) a law that makes it illegal to photograph police during “training exercises”, on the premise that knowing how cops are trained might help terrorists. It has been falsely used many times during what were obviously NOT training exercises - i.e. protest marchs - but as far as I know the law has been upheld.
mischievous