Protection under the 4th Amendment does not require anything beyond your legitimate, legal activity being interrupted in an unreasonable manner by law enforcement. Jake experienced what is known as a "Terry Stop" pure and simple (you can Google "Terry v. Ohio" the relevant Supreme Court case).
A "Terry Stop" *IS* a detention and its purpose is to ascertain if there cause for a search, also known as a "pat down" and/or outright arrest based on the outcome of the interrogation during the detention. Such a stop, again, must be based on what the courts refer to as "specific and articulable facts" relating to the commission of a crime. "Hunches" or "bad feelings" are not "articulable facts relating to the commission of a crime". Being a dirty hippy, taking photos in broad daylight of a school bus, regardless of how it makes you FEEL, does not constitute "articulable facts related the commission of a crime".
In my eye's what the responding officer should have done, at most, was a drive by and word from Officer Friendly stating, "We got a call from some pearl-clutching grandmother about a dirty hippy taking photos and she's totally freaking out, know what I mean? Nice camera, by the way. Have a great day."
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Jake,Hope your feeling better and you get some answers soon.
It angers me more than normal for very personal reasons. You see, two and a half weeks ago I went out for a morning walk, taking photos of the foggy morning as I walked the 2 mile "block" I live on. At one point, as I was taking a photo a school bus pulled up next to me and stopped. I squeezed off a single photo of the front of the bus thinking it was a perfect "stock photo"...·I continued walking and shooting for the next 20-30 minutes. I was less than a 1/4 mile from home when a police car slowed behind me after I'd crossed the road. I waved, thinking he was going to caution me for crossing the way I did, but he then pulled across the road, blocking me and pointing for me to take a step off the road. He exited the vehicle and asked what I was doing. I told him I was taking photos of the foggy morning. He asked if I had taken photos of any children. The school bus registered in my head and I told him, "I took a photo of the front of a school bus, but that's it. I know enough not to be taking photos of children." His response? "Do you watch Channel 69? You know there have been child abductions." Holy crap, here we go.
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Within minutes I had 4 township cops questioning me because a kid on the bus told the bus driver "a man is taking pictures of kids getting on the bus!!", and the bus driver (doing their job) told the school principal who told both the police and the kids' mom. Nothing I did was illegal, and frankly it wasn't even inadvisable since I made sure I never once aimed the camera towards anyone on the bus. I was held against my will for 20 minutes within site of my house because of one fearful kid and lack of ID (who carries their wallet on a morning walk?!). I cooperated fully because it involved children, I showed my entire set of photographs to 3 different cops but still wasn't allowed to leave until one of them took an iPhone photo of my school bus photo that they could share with the mother (apparently my offer 10 minutes before that to have them take me to my house around the corner where I offered them a dump of my memory card wasn't sufficient).
I've been pissed every since, and a little concerned as I've yet to be able to ascertain if my name is listed on any report where a suspicious and angry parent can read it. With that said, after reading this I'm quite thankful that it was 4 cops that showed up and not the husband/boyfriend of a freaked out woman. This country has gone to sh*t, and it's not showing any sign of changing. We're all one pissed off, gun toting, stand your ground dumbass away from a dirt nap, and for a guy that always has a camera with him that's unbelievably scary. I hope some major civil rights attorney gets with this couple and sues the living hell out of those backward idiots and the cop who was ready to haul in the folks that don't look like they belong. Look, I get the desire to protect your kids, but this isn't how you do it.!
Problems encountered with the prior two solutions...
1. Cellular dead zone. Texts were sent but wouldn't go out. And the morons said they called the cops.
2. They scrolled through ALL the images and showed them there were no photos of the kids and the morons wouldn't let them go and even talked of smashing their equipment.
3. The encounter WAS recorded, which is why we can see just how scary it was.
Hell, the first thing the cops did when they showed up was ask if the female photographer, who had been in tears for 20 minutes, was drunk!!
Reason cannot coexist with a mob mentality, which is why they need to be avoided at all costs. The problem is that mobs tend not to work on a schedule.
For the record, for most of my last 5 minutes I was talking with the first cop about what I shoot and what I've sold. When I told him a UK design house had just licensed one of my images exclusively for 2 years as wall art he looked at me surprised and said, "Do you mind if I ask how much you get for something like that?" When I told him he said, "Wow, really?! And you just walk around taking pictures, right?" Made me chuckle.
At issue, in my case, is that they had no basis to stop and question me. Nothing I did was in any way illegal, even if I had been taking pictures of any humans, children or otherwise. There is no law that states that I need to carry identification. There is no law that states I cannot take pictures in a public place. There is nothing about anything I did that justified being stopped and questioned. The bitch of it is that because I didn't continue on, assert my rights and make them either charge me with something or be on their way my name is now on record as a "suspect" in an investigation that potentially identifies me with child abusers.