Mob Rule & Shooting In Public - A Horror Story +1

BackdoorArts

Senior Member
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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I let it go the first time, but "dirty hippy" twice?! Hell my hair is as short as it's been since grade school, and I'd showered. Careful with your slander there, fella!! ;)
 

BackdoorArts

Senior Member
Jake,Hope your feeling better and you get some answers soon.

I'm not going to feel better about any of this until I get some tenable legal answers and/or advice on the situation. I got a copy of the Investigation Report from the police yesterday, and while reading through the report makes it obvious I did nothing wrong and cooperated fully, the report does hold my name, DL# and address as the "suspect" in a "suspicious person call" dealing with kids getting on a bus. What the hell that means the next time a cop pulls up my name for any reason, I don't know, but I can tell you that the information could certainly color me in a bad light depending on the attitude and experience of the officer and anyone else involved. So, I'm not getting in touch with lawyers to see if I can somehow get my information redacted and the incident expunged, but I have no idea what that's going to take.

And I haven't even mentioned the fact that the entire story told me on the side of the road by the cop dealing with the nature of the person making the complaint bears no similarity whatsoever to what is actually in the report. There is no mention of a kid, school principal or worried mother, only a paranoid bus driver who managed to think I was "taking photos of children getting on a school bus" when I was standing on the opposite side of the bus from the one kid that did get on making that very accusation impossible. It's gonna be a long time before I "feel better".
 

Bob Blaylock

Senior Member
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"...
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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.

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.!

I had some distant memory of coming across a concise, one-page document from an attorney regarding the rights of photographers.

A bit of Googling, and I found it at http://www.krages.com/ThePhotographersRight.pdf.

Bert P. Krages II is apparently an attorney who specializes in issues related to photography, and has produced this handy reference for the benefit of photographers. I attach a copy, here.

Based on my own reading of this document, and your account of how you were treated, it appears to me that the manner in which you were treated was, in fact, quite blatantly illegal. It's legitimate to stop and ask you what you're doing, but you have no obligation to respond. Once any effort was made to detain you, or to cause you to fear that you were under threat of legal prosecution, the line appears to have been crossed into illegal conduct on the part of the officers involved. You might want to consider speaking with an attorney. You might have sufficient basis for a lawsuit.

I should disclaim, I suppose, that I am not an attorney, nor do I play one on TV.

View attachment ThePhotographersRight.pdf
 
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BackdoorArts

Senior Member
Knowing your rights is indeed important - even critical when you're out on the street.

But here's the problem - they make no difference in some situations, the one faced by the couple in the linked story in particular. How do you think a mob will react when, after they've accused you of taking photos of their children and mention the fact that they have a gun in the back seat, you tell them that it's within your constitutional rights to take photos of whomever you want in a public place? You can avoid arrest (though not detention nor the threat to your person or equipment) and prevail in the long run, but in the moment you need to keep a level head and make a measured response given the situation at hand.

As I said in my initial post, I hope that the couple in the story sues the folks in that town for civil rights violations. Cops have a job to do, and unless you're intentionally out to prove a point, antagonize and embarrass them then I've found that cooperation within reason is almost always the best option - just let them know that you know that you did nothing wrong up front, and why you know it. As for @$$holes, they can come out of the woodwork, so no matter what you're shooting remember that stupid is as stupid does.
 

Horoscope Fish

Senior Member
In a situation like the one described a call to the police would have absolutely been in order. I do agree wholeheartedly a level head and a calm demeanor would definitely be the best course, as it most always is. That was an ugly situation and personally, I would have had 911 on the horn. I think that alone could have cooled off the situation maybe would have gotten people thinking... Now, maybe they're thinking they're in the right and I'll wind up getting cuffed but I'd much rather be calmly asserting my right's in the presence of a cop than a collection of riled up soccer moms.

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480sparky

Senior Member
Two things I would do if the situation escalated and I were threatened.

1. Take out my smart phone and start recording.

2. Use their own ignorance against them: Placate them by openly deleting the images. What the dolts don't know is it's stupendously easy to recover the images once I get home.
 

BackdoorArts

Senior Member
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.
 

SHAkers718

Senior Member
For the Challenge shooting sports, I thought it might be fun to go to the school early on a Saturday morning and take pictures of kids playing soccer (it would be free - no parking, no hassle). It even occurred to me that I would probably only use a zoom lens and get close-ups of legs kicking the ball. The soccer uniforms can be so bright and colorful. My son warned me that that would not be cool. But even if I had a child or grandchild of my own playing soccer, I suppose it would just not be cool to photograph other peoples' children. Hmmm. How do I ask them to stay out of my shot?

Also, another observation, I have seen a friend of a friend on FB who has a picture of her toddlers in the bathtub as her cover photo. First off, why? Weird. And second off, your profile picture is public even if your FB privacy settings are tight (for FB). Anyone searching a name similar to yours will find it. Once it's out there being circulated there's no getting it back. Very naive.
 
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480sparky

Senior Member
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.



Well, there is no one, single perfect solution.
 

Blade Canyon

Senior Member
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.

Congratulations on the sale! Sorry about the police hassle. As others have said, if you had been using a phone, nobody would have thought a thing. That's what "normal" people use for pictures now. Our DSLRs will brand us as outliers.
 

T-Man

Senior Member
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.

Amen, brother! This is some bullsh!t and I'd be pissed off too!
 
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