# Can you refuse to have your mugshot taken? **URL:** \ **Category:** Factual Questions\ **Created:** [August 2, 2007, 10:03pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194 "2007-08-02T22:03:54Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![bett](https://avatars.discourse-cdn.com/v4/letter/b/e9c0ed/32.png) [@bett](https://boards.straightdope.com/u/bett)\ **Post date:** [August 2, 2007, 10:03pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/1 "2007-08-02T22:03:54Z")
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](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? ---
**Author:** ![Kozmik](https://avatars.discourse-cdn.com/v4/letter/k/8dc957/32.png) [@Kozmik](https://boards.straightdope.com/u/Kozmik)\ **Post date:** [August 2, 2007, 10:11pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/2 "2007-08-02T22:11:56Z")
Yeah, what are they going to do? Throw you in jail? ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [August 3, 2007, 3:34am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/3 "2007-08-03T03:34:00Z")
I was given no choice when I was booked. It appears that both a photo and fingerprints are SOP Shut up and don’t smile. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [August 3, 2007, 4:23am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/4 "2007-08-03T04:23:03Z")
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. ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [August 3, 2007, 4:35am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/5 "2007-08-03T04:35:22Z")
Do you really want to know or are you just trying to take a swipe at a celebrity you don’t care for? I mean what does a blind link to an unflatering pic of Hugh Grant have to do with your OP? No you cannot refuse. Well you can but they are going to take the picture anyway. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [August 3, 2007, 4:41am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/6 "2007-08-03T04:41:05Z")
You can have your picture taken without bruises, or with. Your choice. ---
**Author:** ![EvilGhandi](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@EvilGhandi](https://boards.straightdope.com/u/EvilGhandi)\ **Post date:** [August 3, 2007, 7:35am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/7 "2007-08-03T07:35:08Z")
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? ---
**Author:** ![T\_SQUARE](https://avatars.discourse-cdn.com/v4/letter/t/9de053/32.png) [@T\_SQUARE](https://boards.straightdope.com/u/T_SQUARE)\ **Post date:** [August 3, 2007, 8:36am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/8 "2007-08-03T08:36:10Z")
The OP didn’t ask, “Is it a wise policy to refuse a mug shot?” He was just asking if it’s legally doable. Of course it’s not a good idea. ---
**Author:** ![lowbrass](https://avatars.discourse-cdn.com/v4/letter/l/dc4da7/32.png) [@lowbrass](https://boards.straightdope.com/u/lowbrass)\ **Post date:** [August 3, 2007, 8:44am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/9 "2007-08-03T08:44:46Z")
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. ---
**Author:** ![bbs2k](https://avatars.discourse-cdn.com/v4/letter/b/e495f1/32.png) [@bbs2k](https://boards.straightdope.com/u/bbs2k)\ **Post date:** [August 3, 2007, 8:45am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/10 "2007-08-03T08:45:09Z")
[QUOTE=EJsGirl] Shut up and don’t smile. [/QUOTE] A lot of people believe that smiling saved[this guy](http://z.about.com/d/politicalhumor/1/0/x/g/delay_mugshot.jpg) 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. Oh yeah, that’s Tom Delay. ---
**Author:** ![Little\_Cloud](https://avatars.discourse-cdn.com/v4/letter/l/bcef8e/32.png) [@Little\_Cloud](https://boards.straightdope.com/u/Little_Cloud)\ **Post date:** [August 3, 2007, 9:48am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/11 "2007-08-03T09:48:58Z")
Yup, Shut up and _smile_ seems to be the best way to go. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [August 3, 2007, 10:00am UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/12 "2007-08-03T10:00:14Z")
I’m surprised that smiling isn’t stipulated against - it is for passport photos. ---
**Author:** ![Cagey\_Drifter](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@Cagey\_Drifter](https://boards.straightdope.com/u/Cagey_Drifter)\ **Post date:** [August 3, 2007, 2:21pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/13 "2007-08-03T14:21:26Z")
Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul? ---
**Author:** ![Absolute](https://avatars.discourse-cdn.com/v4/letter/a/b2d939/32.png) [@Absolute](https://boards.straightdope.com/u/Absolute)\ **Post date:** [August 3, 2007, 2:40pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/14 "2007-08-03T14:40:20Z")
[QUOTE=Cagey Drifter] Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul? [/QUOTE] Tough shit. ---
**Author:** ![bett](https://avatars.discourse-cdn.com/v4/letter/b/e9c0ed/32.png) [@bett](https://boards.straightdope.com/u/bett)\ **Post date:** [August 3, 2007, 2:41pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/15 "2007-08-03T14:41:35Z")
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](http://www.thesmokinggun.com/graphics/packageart/mugshots/larrykingmug1.jpg). 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. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [August 3, 2007, 2:49pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/16 "2007-08-03T14:49:17Z")
[QUOTE=Cagey Drifter] Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul? [/QUOTE] Or an Amish dude. Though I guess they don’t find themselves jailed too often. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [August 3, 2007, 3:09pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/17 "2007-08-03T15:09:25Z")
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. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [August 3, 2007, 3:18pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/18 "2007-08-03T15:18:06Z")
[QUOTE=Absolute] Tough shit. [/QUOTE] Quite, I mean, what if I argued that being locked in a room with an iron door was harmful to my soul? ---
**Author:** ![redtail23](https://avatars.discourse-cdn.com/v4/letter/r/3e96dc/32.png) [@redtail23](https://boards.straightdope.com/u/redtail23)\ **Post date:** [August 3, 2007, 3:19pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/19 "2007-08-03T15:19:20Z")
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. ---
**Author:** ![control-z](https://avatars.discourse-cdn.com/v4/letter/c/eada6e/32.png) [@control-z](https://boards.straightdope.com/u/control-z)\ **Post date:** [August 3, 2007, 3:22pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/20 "2007-08-03T15:22:58Z")
[QUOTE=bett] On some recent TV show they showed a mugshot of [Larry King](http://www.thesmokinggun.com/graphics/packageart/mugshots/larrykingmug1.jpg). 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. [/QUOTE] It appears to be from the year 971, that guy is really OLD! Larry King must be a vampire of some sort. [Next page](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194.md?page=2)