Taking Pictures of Police Officers in Uniform

[mikael_karlsson]

<p>I specialize in photographing police and prisons for big national US book publishers. I'm also in law enforcement. I've never had a problem photographing a cop in uniform doing their job. This includes anything from traffic stops to high-risk drug search warrants. Check out the photo galleries on my site to have a look at what I'm talking about.<br /><br />As previous posters have mentioned, attitude goes a long way. Be nice, be open to communication, and be willing to listen - this normally does the trick. If you are treated poorly, remain polite, note the officers badge #, the time and place and walk away if possible. Never disobey a legally given order/instruction by a LEO. Most cops are pretty straightforward and will treat you the way you treat them.</p>

[jtk]

<p>Idea: Many/most police depts allow, even encourage, ride-alongs... call the local community relations officer, ask to ride along. Tell them you want to see what a cop's day or night is like. Don't babble hostile theories or bad attitudes ...and especially, don't tell them you're asking because a Canadian told you something absurd he'd read about on the Internet :-)</p>

<p> </p>

[allardk]

<p>Actually, it is only illegal if you photograph 7 or more.</p><div></div>

[mikael_karlsson]

<p>John is absolutely right. Most PD's and SO's are more than willing to accommodate ride-alongs. Many will ask that you sign a liability waiver but that's standard and varies from agency to agency. Make sure you ask ahead of time what the policies are for if something serious happens (you might be asked to step off). We really appreciate it if you ask about what's OK and what isn't as far as photographing arrests, how to stay out of the way if things get hairy etc since this too varies from agency to agency. The more people that go on ride-alongs the more people will actually know what reality looks like from a law enforcement perspective and I think that's great.</p>

[samuel_lipoff]

<p>Lots of interesting info and perspectives in this thread, but I'm afraid no one has answered the OPs original question clearly. There is absolutely no law, anywhere in the United States, that prohibits taking still pictures of police officers, or anyone else for that matter, when they have no reasonable expectation of privacy (i.e. not in a bathroom, locker room, etc.) When you are in a private space, the property owner can ask you to leave, but cannot confiscate your camera, film, or stop you from taking pictures as you are leaving. In a public space, you can take a picture of anything you can see. Only on a US military base or on certain Department of Energy sites (i.e. nuclear power plants) is it illegal to take photos without permission. </p>

<p>That said, you will sometimes encounter police officers who object to their photos being taken. It has happened to me, but it's rare. Most police officers won't even bat an eye if they're photographed. Any person is allowed to ask you not to take their photo; you don't have to listen to them. Police officers are not within their rights to order you to stop taking their photo, although not all of them know that. However, if you are ordered not to take a photo by a police officer, I'd think very carefully before going ahead and taking it anyway. Unless a crime was being committed that I felt a duty to document, it's easier to comply and take photos another day.</p>

[left_ayyones]

<p>In the USA, things are about the same as they have always been - i.e. most cops are OK but one bad apple can ruin your day or even kill you if they feel like it (especially if you are a member of a visible minority). But that's how it's always been - look at the old KKK photos where half the people have reflective pinstiping on their cuffs...</p>

<p>The biggest problem is that the people with the most discretion have the least knowledge of the law, and vice versa. Most cops have a very poor understanding of the actual statutes as case history - they just memorize some 'rules of thumb' and try not to screw it up. Appallingly, these are the very same people who decide 1) who to detain 2) how detain them and 3) how the arrest occurs, if any. The judges, on the other hand, have the greatest knowledge of the law, but by the time the case gets to them, everything has been plea-bargained by the attorneys, and even then they are subject to minimum / maximum sentencing rules.</p>

<p>With all that in mind, the best thing you can do with cops is: be nice and be respectful. Being a cop is a tough job, and they have to deal with some crazy stuff. To them, people who are friendly, courteous, and honest are the exception, not the norm. If you happen to get an egomaniacal officer Farva, try to be especially respectful and nonconfrontational, because if he decides to shoot/taze/beat you up, yeah, he's going to have to take a paid leave of absence, but you're going to be in the hospital or in a coffin. You can file a complaint or lawsuit LATER.</p>

[mikael_karlsson]

<p>Left:<br /><br />I respectfully disagree about cops not having knowledge of the law. Please understand that almost everything a PO or Deputy does as far as detaining as well as arresting an individual comes down to policy dictated by superiors. I might know a lot more than my superiors about any given thing but I still have to do things by the book. Since this is also true for things I might know exceptionally little about, having strict policy can also be a very good thing.<br>

I absolutely agree though that there are "bad apples" in law enforcement. Just as there are in any other profession. But boy do they stand out - which they should. The faster these people find other employment, the better for everyone.</p>

[abargrill]

<p> If I understand the Maryland law correctly, Maryland's courts have found violations of the statute in question when the recordings were made in a context where the person recorded has a "reasonable expectation of privacy."<br>

<br /> There is also element of the offense requiring that the event be done "knowingly." I suppose that it could be that all one needs to do is know that the recording device is on. It is also possible that "knowingly" means that one intends to violate someone's privacy or has some reason to know that Maryland forbids the act.<br>

<br /> Anyway, it seems that the full letter and application of the law is not contained in the words of the statute. However, as others have said, police in public do not have a "reasonable expectation of privacy" but that doesn't mean that an officer that takes offense won't give you a hard time.</p>

[steve m smith]

<blockquote>

<p>The faster these people find other employment, the better for everyone.</p>

</blockquote>

<p>Except their future employers!</p>

[edchambers]

<p>OK, I am the OP here - - -<br /><br />Here is s new aspect speaking of Maryland -This was not my original reason for the Post, however this has got me thinking about PO's and Prudent Photographers rights:<br />Here is a link to a letter I received from a University in Maryland. Easter Morning I was taking pictures from a Public County Road, and was confronted. I felt fear for my bodily safety and threat of being arrested; so I left immediately - even though I knew where I was standing is a public county specified space, (I went to the County Office to confirm before I went there) . . . <a href="http://www.msmarygonewild.com/MSM-Letter-14APRIL2010AD.JPG">Then I received this letter LINK HERE </a>. . . Your Thoughts . . .<br /><br /><br />There seems to be some animosity or fear from the University, since they admit to commandeering, (using without permission), this Protected Photo of mine and further admit to using it even after I sent a cease and desist demand letter. <a href="http://www.msmarygonewild.com/DC250_Right2269.jpg">PHOTO HERE:</a><br />I have long since given up and wasting my time as to their collective motivations; however I do love this place that I now do not go to for fear of my own safety. <br /><br />What is this World doing as we witness reality and perceived reality? Furthermore; I believe we as Photographers have a responsibility to act responsibly and be and act as good ambassadors for the other photogs who act as the PO's we complain about. Your thoughts? Care to share?</p>

[mikael_karlsson]

<p>Ed:<br /><br />Kind of hard to make any comments really since we only have your side of the story as to the fact that the university seems to not want you on their property. That would very likely be within their rights. If you were in fact on public property, that is a different matter. I would suggest you talk to maybe the Sheriff's Office (you mentioned County so I'm guessing we're talking county property?) and get very exact and specific information on where the lines are drawn. Not saying this is what is going on in your case, but often there are misunderstandings about where the lines between public and private property goes. We've had many dealings for instance with one individual (an ex-employee of a business) who was standing on the side-walk by the business in question not understanding that in this specific case, the business owned the side-walk. Just mentioning that as an example of what might look like public might indeed be private. Next time you're at the county office, make a copy of the map showing the boundaries of public/private land. <br /><br />I would hold it for extremely unlikely that any LEO would cause you any "bodily harm" if all they need to do is to get you to leave university property and you don't start actively resisting or fighting. When you were confronted, was it by University police, Deputy Sheriff's, the local PD, state police?<br /><br />If the university is using one of your images without permission, I'd hire a local attorney (see if you have a local Attorneys for the Arts chapter in your area) and have him/her drawn up a letter. I'd also invoice the university for any usage they did not have permission for and in that invoice I'd add on the legal fees.<br /><br />IANAL, and talking to a local attorney knowledgeable in IP rights would not be a bad idea in your situation.</p>

[ofey_kalakar]

<p>I don't know of restrictions in Canukistan. Here are couple posing for the camera.</p><div></div>