Thank you for refocusing us. This harassment and questioning serves as a prior restraint to the taking of the photographs. The courts have consistently found that this prior restraint is unconstitutional.

While we aren’t allowed to lie to officials, it’s called several different things, they are free to lie to us. I’ve always thought this was BS. The FBI guys that told the photog that it was against the law should be at minimum disciplined for what they did.

Note the Photographer’s comment

” All in all, though, I learned a valuable lesson. We photographers have to be VERY careful about WHERE we are shooting. I harbor no ill feelings against the FBI, about that, for they were just doing their job. But I will do all I can to insure that I do not present myself to such a position again”

Some photographers who experience these encounters shy away from taking the pictures they want to take out of fear of another encounter. This is precisely what we find unacceptable. If a building is in public view then it is fair game to being photographed. Being questioned by authorities has the chilling effect of restricting these rights under the law as we have seen this photographer express in his comments.

FBI Agents Also LIED About the Law

In a subsequent post the photographer also clarified that the FBI agents specifically told him that it is illegal to photograph federal buildings. If in fact they did that, which we have no reason to believe they didn’t since it follows typical law enforcement pattern of behavior that we have seen in similar encounters, then they are outright LIARS. There are NO federal laws that prohibit photography of federal buildings other than certain military installations.

I a later post this the photographer clarifies the following:

> Did they say it was forbidden to take photos of their building? Or
> are you assuming that?

No assumption on my part, for they said it was against the law to photograph the federal buildings.

What I find unacceptable is the LYING and telling people to stop taking pictures when and where they legally can. Questioning is ok – LYING ISN’T!!!

I wasn’t referring to you with the penis line. I like to believe that most cops are mature reasonable people, which that particular NJT Officer turned out to be but which I did not know at first. When I meet these officers, which is most of the time, I tend to call the shift supervisor, chief or whoever I can get and compliment them in some way. Imagine that, I’ve done that more times than I’ve complained.

One other thing. I also tend to say hello to officers when I pass them. I believe that officers need to spend more time outside of the patrol cars. It’s good for them and it’s good for the people.

But there are also lots of officers that are in the uniform to get respect for whatever reason. Perhaps they were beat up in high school, maybe they have a tiny dick. I don’t know what it is, maybe they are just psychopaths or narcissists. Pick your favorite. You can generally tell these guys by how they get out of the car. The attitude arrives before they do.

They tend to be argumentative, unhappy and impossible to deal with on any reasonable level. They try to take what you say and twist it into something that it’s not. We have all met some of those folks.

Jones I know when I did something wrong and when I didn’t. I’m aware of when I choose to break the rules for whatever reason. Now I’m not talking about major things here. I’m talking about like I’m driving my car and I decide to use the shoulder to get to the exit. It’s wrong, I know it. If I get pulled over I know I deserved it. I don’t argue, I don’t call the cop a jerk. He’s doing his job. I made my choice. I do my best to give the guy a reason to let me go without getting out the summons pad.

But when I’m carrying my camera around in public I’m not doing anything wrong. I’m not doing anything suspicious. That’s what I’m talking about. The reasonable mature cops are not the ones that pushing on photographers and finding excuses to arrest them just because they happen to be taking photos.

On occasion, law enforcement officers
may object to photography but
most understand that people have the
right to take photographs and do not
interfere with photographers. They do
have the RIGHT to keep you away from
areas where you may impede their
activities or endanger safety. However,
they do not have the legal right
to prohibit you from taking photographs
from other locations

Looks like somebody forgot to proofread your bill of rights.

or

Jones, you don’t have any rights as a police officer other then those which ever citizen has.

So do I have no rights or just those that every citizen has, make up your mind.

Ok instead of referring to the rights of a police officer I will refer to the power of a police officer, will this make you happy.

I see you have sunk to the “penis” lines, when will I get the pleasure of the “you were beat up in high school”. I have never heard those from somebody in the back of my car. Duane let’s keep this mature ok.

Duane could you answer my question. Does the fact that you carry a camera and call yourself a photographer entitle you to more privacy then every other citizen?

Carlos’ case hasn’t terminated yet. It’s still in play. We are on the step where he is being found innocent.

A jury heard all the evidence and found that he broke the law and therefore convicted him of his crime. So until it is reversed he is guilty.

I didn’t say I had a problem with how she acted in the end. I implied she bugged me, a little but that’s all. I don’t have a problem with a little bugging. That one was at a tipping point, it tipped the right way. Probably because it was a female cop and they don’t tend to have an issue about the size of their penis. If the officer felt they had an inferior penis they probably would have tried to arrest me for something to prove that they didn’t have a tiny one. The other point I was making is that I wasn’t doing anything suspicious. I was doing something normal in that circumstance, taking a photo of a train that was newsworthy. Now if the officer approached me with the intent of offering me better access that would have been a different story.

Carlos’ case hasn’t terminated yet. It’s still in play. We are on the step where he is being found innocent.

If I had a dollar for every time somebody told me I had no right to do what I was doing…….

Then I asked, “Am I being detained?”, “Am I free to go?” I was told I was standing there of my own free will. I said thank you have a nice evening, be safe and left when I was done with my photos.

So what’s your problem with what she did. You have the right to stand on a public sidewalk and take pictures. She has the right to stand on that same public sidewalk and ask questions. If you don’t want to answer that is your choice. She didn’t do anything wrong, she didn’t invade your privacy, she didn’t deprive you of any constitutional rights. Did she bug you, maybe, just like you bugged her by taking the pictures, but neither one of you broke the law. Just because you have a camera doesn’t mean your entitled to more privacy then anybody else.

Outcome is always the same. Cops approach photographer. Cops hassle photographer. Cops make fun of photographer. Cops find a stupid reason to arrest photographer. Photographer get attorney. Is found innocent of any crime. Sues police. Wins money and stops talking about what happened.

Obviously your not familiar with Carlos’ case.

I get asked by a NJT officer what I’m a doing and who am I with. I say taking photos and myself. So then I get the let me see your ID my supervisor wants to know who you are. I refused to show her my ID and said I don’t care what your supervisor wants, I’m standing on public property, the street, I’m not in the railroad right of way and last time I checked photography was legal. She starts with the suspicious activity crap. I say, just what is suspicious about taking a photo of a newsworth event. Then I asked, “Am I being detained?”, “Am I free to go?” I was told I was standing there of my own free will. I said thank you have a nice evening, be safe and left when I was done with my photos.

This stuff all reads the same way. It’s like these guys all go to the same school. Just change the names and the place where it happened. Outcome is always the same. Cops approach photographer. Cops hassle photographer. Cops make fun of photographer. Cops find a stupid reason to arrest photographer. Photographer get attorney. Is found innocent of any crime. Sues police. Wins money and stops talking about what happened.

Who is the dumb one here? Hasn’t this happened enough times that the cops would get a clue and stop bothering people taking photos.