# Photographing illegal activity
**URL:** https://boards.straightdope.com/t/photographing-illegal-activity/644217
**Category:** Factual Questions
**Created:** [December 16, 2012, 8:55pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217 "2012-12-16T20:55:35Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@EmilyG](https://boards.straightdope.com/u/EmilyG)
#### Post date: [December 16, 2012, 8:55pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/1 "2012-12-16T20:55:35Z")
Taking a photo of someone without their permission is usually looked down upon (not sure if it’s actually illegal in places, or if it’s just common courtesy.)
But what if you’re taking a picture of two people in a violent fight, or someone murdering someone, or someone talking on their cellphone while driving, with the intent to show it to the police? Could you yourself, the photographer, get in trouble for that?
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### Author:  [@Joey\_P](https://boards.straightdope.com/u/Joey_P)
#### Post date: [December 16, 2012, 8:59pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/2 "2012-12-16T20:59:51Z")
> [@EmilyG](#):
>
> Taking a photo of someone without their permission is usually looked down upon (not sure if it’s actually illegal in places, or if it’s just common courtesy.)
>
> But what if you’re taking a picture of two people in a violent fight, or someone murdering someone, or someone talking on their cellphone while driving, with the intent to show it to the police? Could you yourself, the photographer, get in trouble for that?
Where are they doing it? Taking a picture of someone out in the public is almost never illegal. It might bother someone, but as long as they have no expectation of privacy, say, walking down the sidewalk or in a public park, you can snap away. I can’t imagine them doing something illegal would change that.
Also, cops, private security people, the general public tend to not understand this but just because someone tells you something isn’t legal doesn’t mean it isn’t.
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### Author:  [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)
#### Post date: [December 16, 2012, 9:12pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/3 "2012-12-16T21:12:33Z")
Also, showing police a picture of some person driving while using a cell phone is not going to accomplish anything. Non-felonies cannot usually be acted upon by law enforcement unless they actually witnessed the crime themselves.
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### Author:  [@Joey\_P](https://boards.straightdope.com/u/Joey_P)
#### Post date: [December 16, 2012, 9:16pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/4 "2012-12-16T21:16:21Z")
> [@Bear\_Nenno](#):
>
> Also, showing police a picture of some person driving while using a cell phone is not going to accomplish anything. Non-felonies cannot usually be acted upon by law enforcement unless they actually witnessed the crime themselves.
I’ll agree that a cop probably won’t go looking for someone that was talking on their cellphone while driving. But plenty of people get misdemeanor retail theft (shop lifting) tickets based on CCTV footage.
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### Author:  [@Zabali\_Clawbane](https://boards.straightdope.com/u/Zabali_Clawbane)
#### Post date: [December 16, 2012, 9:18pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/5 "2012-12-16T21:18:34Z")
The police appreciate pictures or video footage of things like altercations and the like. I do believe some investigators ask among the crowd if anyone got footage or video on their phones. The trouble in such a case would come not from the police (unless you refuse to turn over the evidence voluntarily) but from the criminals!
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### Author:  [@cmyk](https://boards.straightdope.com/u/cmyk)
#### Post date: [December 16, 2012, 9:27pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/6 "2012-12-16T21:27:28Z")
> [@EmilyG](#):
>
> Taking a photo of someone without their permission is usually looked down upon (not sure if it’s actually illegal in places, or if it’s just common courtesy.)
>
> But what if you’re taking a picture of two people in a violent fight, or someone murdering someone, or someone talking on their cellphone while driving, with the intent to show it to the police? Could you yourself, the photographer, get in trouble for that?
If it’s a felony, and you happened to capture the crime committed by pic or video, I’m sure the authorities would be more than happy to accept whatever you can provide as evidence, so long as they can confirm its legitimacy as part of establishing a criminal case.
If damning enough, the Prosecution will love you.
A misdemeanor will probably be met with much less enthusiasm, say if you caught video of someone tagging a building.
But imagine if someone caught video of the Trayvon Martin incident…
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### Author:  [@Washoe](https://boards.straightdope.com/u/Washoe)
#### Post date: [December 16, 2012, 9:35pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/7 "2012-12-16T21:35:21Z")
Ridiculous hypothetical—I’m standing outside the school playground wearing absolutely nothing but a trench coat, happily snapping away at all the little kiddies playing hopscotch. Now, obviously the cops are going to get called tout suite. But is there legally anything anybody can do to stop me? Do not need answer fast.
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### Author:  [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)
#### Post date: [December 16, 2012, 9:36pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/8 "2012-12-16T21:36:38Z")
> [@Joey\_P](#):
>
> I’ll agree that a cop probably won’t go looking for someone that was talking on their cellphone while driving. But plenty of people get misdemeanor retail theft (shop lifting) tickets based on CCTV footage.
Retail theft falls under the list of statutory exceptions. Others usually include domestic violence, child abuse, defrauding an innkeeper, etc
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### Author:  [@Loach](https://boards.straightdope.com/u/Loach)
#### Post date: [December 16, 2012, 9:44pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/9 "2012-12-16T21:44:03Z")
> [@Washoe](#):
>
> Ridiculous hypothetical—I’m standing outside the school playground wearing absolutely nothing but a trench coat, happily snapping away at all the little kiddies playing hopscotch. Now, obviously the cops are going to get called tout suite. But is there legally anything anybody can do to stop me? Do not need answer fast.
What color trench coat?
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### Author:  [@anson2995](https://boards.straightdope.com/u/anson2995)
#### Post date: [December 16, 2012, 10:11pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/10 "2012-12-16T22:11:14Z")
> [@Washoe](#):
>
> Ridiculous hypothetical—I’m standing outside the school playground wearing absolutely nothing but a trench coat, happily snapping away at all the little kiddies playing hopscotch. Now, obviously the cops are going to get called tout suite. But is there legally anything anybody can do to stop me? Do not need answer fast.
No. It is creepy but not illegal to take pictures of children in public places. There are laws in many jurisdictions that make it illegal to take pictures in locker rooms/dressing rooms/bathrooms, or to take pictures under people’s clothing.
But taking pics of kids at a playground is legal in the US.
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### Author:  [@cmyk](https://boards.straightdope.com/u/cmyk)
#### Post date: [December 16, 2012, 10:21pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/11 "2012-12-16T22:21:46Z")
Well then, here’s another hypothetical:
What if I were to snap pics of **Washoe** snapping pics of kids playing hopscotch, while he was wearing nothing but a trench-coat, and I was wearing nothing but a chartreuse cummerbund?
And let me tell you, they’re not easy to find in chartreuse. Need answer fast, as the return policy is only good until tomorrow.
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### Author:  [@Joey\_P](https://boards.straightdope.com/u/Joey_P)
#### Post date: [December 16, 2012, 10:25pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/12 "2012-12-16T22:25:44Z")
> [@cmyk](#):
>
> Well then, here’s another hypothetical:
>
> What if I were to snap pics of **Washoe** snapping pics of kids playing hopscotch, while he was wearing nothing but a trench-coat, and I was wearing nothing but a chartreuse cummerbund?
>
> And let me tell you, they’re not easy to find in chartreuse. Need answer fast, as the return policy is only good until tomorrow.
Where are you wearing the cummerbund? I mean, if you’re wearing it like a sash or a bandana, we might have a problem.
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### Author:  [@11811](https://boards.straightdope.com/u/11811)
#### Post date: [December 16, 2012, 10:47pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/13 "2012-12-16T22:47:48Z")
> [@cmyk](#):
>
> \I’m sure the authorities would be more than happy to accept whatever you can provide as evidence, so long as they can confirm its legitimacy as part of establishing a criminal case.\
If taken with a cell phone where the GPS and clock are functioning, the image file should have supporting data that may corroborate.
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### Author:  [@TriPolar](https://boards.straightdope.com/u/TriPolar)
#### Post date: [December 16, 2012, 10:58pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/14 "2012-12-16T22:58:40Z")
> [@anson2995](#):
>
> No. It is creepy but not illegal to take pictures of children in public places. There are laws in many jurisdictions that make it illegal to take pictures in locker rooms/dressing rooms/bathrooms, or to take pictures under people’s clothing.
>
> But taking pics of kids at a playground is legal in the US.
It’s creepy enough that the police will be called, and they’ll question\*\* Washoe\*\*. They’ll likely try to create an altercation to get the camera if he doesn’t hand it over voluntarily. They’ll look for any excuse to bring him in. And upon finding that he’s wearing nothing but a trenchcoat they’ll try to charge him with something, even if it won’t stick. And if they can meet the most minimal standard for a search warrant they’ll go to **Washoe** ’s house to search it, and confiscate his computer. I’d advice **Washoe** against taking pictures of schoolchildren while wearing nothing but a trenchcoat.
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### Author:  [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)
#### Post date: [December 16, 2012, 11:02pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/15 "2012-12-16T23:02:57Z")
> [@Washoe](#):
>
> Ridiculous hypothetical—I’m standing outside the school playground wearing absolutely nothing but a trench coat, happily snapping away at all the little kiddies playing hopscotch. Now, obviously the cops are going to get called tout suite. But is there legally anything anybody can do to stop me? Do not need answer fast.
That’s why I’m copying your post…
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### Author:  [@cmyk](https://boards.straightdope.com/u/cmyk)
#### Post date: [December 16, 2012, 11:38pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/16 "2012-12-16T23:38:09Z")
> [@Joey\_P](#):
>
> Where are you wearing the cummerbund? I mean, if you’re wearing it like a sash or a bandana, we might have a problem.
Don’t be silly, I wear it around my chest to cover up my nipples.
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### Author:  [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)
#### Post date: [December 16, 2012, 11:58pm UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/17 "2012-12-16T23:58:57Z")
Some pictures of sexual abuse inflicted upon children are themselves illegal to possess.
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### Author:  [@cmyk](https://boards.straightdope.com/u/cmyk)
#### Post date: [December 17, 2012, 12:18am UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/18 "2012-12-17T00:18:21Z")
> [@robert\_columbia](#):
>
> Some pictures of sexual abuse inflicted upon children are themselves illegal to possess.
I’m sure if you wandered into your nearest precinct with pics or video of someone sexually abusing a child, and claimed you took the pics for evidence of the crime, they’d ask you to stay around a while to ask you some questions. Except, the asking part is only to appear polite. You might want to have a lawyer at the ready.
Most decent people don’t stop to take pics with their iPhone while a child is being sexually abused.
Otherwise, if you found images or video on someone’s camera or computer you have access to, you call the cops and let them handle it.
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### Author:  [@Senegoid](https://boards.straightdope.com/u/Senegoid)
#### Post date: [December 17, 2012, 12:45am UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/19 "2012-12-17T00:45:47Z")
It’s illegal in the United States to take pictures of any building or facility that houses Federal offices. Apparently, even if you stand across the street and take pictures, it’s illegal.
Cite: Go to any Social Security office, or similar, and read the threatening-sounding notices posted in the door or window.
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### Author:  [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)
#### Post date: [December 17, 2012, 1:09am UTC](https://boards.straightdope.com/t/photographing-illegal-activity/644217/20 "2012-12-17T01:09:17Z")
> [@cmyk](#):
>
> Most decent people don’t stop to take pics with their iPhone while a child is being sexually abused.
Would’ve come in handy in State College, PA.
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