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Phoenix police harass photographer under Homeland Security pretense

April 2nd, 2009 · 33 Comments

By Carlos Miller
When they’re not raiding the homes of bloggers who are critical of them, Phoenix police are harassing photographers, telling them that it is illegal to take pictures of federal buildings, public transportation, stadiums, street lights and banks.

William J. Nash-McAdam told the Downtown Phoenix Journal that he and a friend were detained by a Phoenix cop last weekend who took their identifications and informed them that they had violated some Homeland Security statute.

When they asked him to cite the specific statute, the cop told them to “Google it,” according to the article.

Sandra Day O'Connor Federal Building
Sandra Day O'Connor Federal Building

Somebody should tell that cop that anybody can go on Google Street View and find a three-dimensional view of almost any building in Phoenix, including the cherished Sandra Day O’Connor Federal Courthouse, which I found in a matter of seconds and uploaded to this post (click to enlarge and analyze the building for terrorist purposes).

And speaking of Google Street View, check out how residents in England surrounded one of its car with cameras on the roof, forbidding it from entering their village.

In the Phoenix incident, the article states that other photographers have been harassed in the city’s downtown.

Nash-McAdam spoke to two other people with cameras in the Copper Square area. According to him, one photographer stated that he had been confronted by police about taking a photograph of Civic Square with the Bank of America building in the background, and the other stated that he was confronted by officers for taking photos of Chase Field.

The article also mentions the story behind my comrade in arms in New York, War on Photography.

Jim Poulos, a train affecionado, has been told by officers in New York City that he was not allowed to take photographs in the Subway, when photography is explicitly permitted by an affirmative statute. Poulos has been collecting stories of photographers who have been wrongfully harassed by police at the War on Photography website.

The Phoenix cop eventually let them go with a “warning”.

While Nash-McAdam doesn’t think that this incident will keep him from visiting Downtown Phoenix in the future, he says that it has cemented his view that Phoenix is a “police state to me when held in comparison to my hometown of Orange County and the numerous other cities I’ve traveled to.”

Ya think?

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33 responses so far ↓

  • 1 genewitch // Apr 3, 2009 at 12:07 AM

    Carlos, you gunna be in the west anytime soon? we should have a beer or somethin somewhere! and then go out and take pictures!

    lots of pictures!

  • 2 Simon Jester // Apr 3, 2009 at 1:29 AM

    So. How do I get ‘photographers credentials’ for when I find myself wandering around downtown Detroit on a weekend taking interesting shots of the wonderful old architecture and being confronted for being a terrorist?

    And I wonder how the police would react when, asking me for ID, I present them with my State issued concealed pistol permit.

  • 3 genewitch // Apr 3, 2009 at 1:58 AM

    Simon: there’s no such thing as photographer’s credentials. There’s a press badge, and a clergy card. But there’s no “first amendment facsimile” that you can present.

    of the three, i’d rather have a clergy card. universal life church gives them out for money.

    people with cameras don’t/shouldn’t need credentials to take pictures.

  • 4 Carlos Miller // Apr 3, 2009 at 2:03 AM

    Some police department supply press passes. I know the CHP did when I lived in California. And Texas State Police does as well.

    You might check with your local law enforcement department

  • 5 Andrew DeFilippis // Apr 3, 2009 at 3:02 AM

    I don’t think that I am going to run into this around my city. The officers here seem to be in line with the law and have been professional. My experience would most likely change ~40mi north of here in Seattle. I would expect to run into someone who would tell me I’m in the wrong to photograph something.

  • 6 Liberty // Apr 3, 2009 at 12:36 PM

    LMAO @ “(click to enlarge and analyze the building for terrorist purposes)”.

    Nice one Carlos.

  • 7 B // Apr 3, 2009 at 3:16 PM

    Everyone of your readers should have this Bill of Photographers’ Rights with them and tell the cop, “Actually, I do have permission — Constitutional permission.”

    http://www.krages.com/phoright.htm

  • 8 marco perez // Apr 4, 2009 at 3:12 AM

    No joke, this just happened to me the other day at the same building. I was told by the motor cop that i needed a “filming permit”. he claimed to be the head of the department that over saw these “permits”. i figured it was cuz we were photographing skate boarders and were using a light stand. I went and looked for laws on line and found this site. couple days later here this story pops up.
    So Carlos what gives? Where can i find Phoenix’s policies concerning photos? I’ll get the cops name. I was with two friends and i still have the pics.

  • 9 Carlos Miller // Apr 4, 2009 at 3:16 AM

    Marco,

    Get the cop’s names. Send me the photos. I’ll do the rest.

    What part of Phoenix was this in?

  • 10 marco perez // Apr 4, 2009 at 3:29 AM

    on the sw corner of 4th ave and Washington downtown Phoenix. Happens a lot down there.

    Here’s the web site of the permit he was talking about: http://phoenix.gov/FILMPHX/policies.html

    i didn’t see his name on the site pretty sure it started with “S”, i’ll call them tomorrow. if he is in any way affiliated they will know him.

  • 11 Carlos Miller // Apr 4, 2009 at 3:54 AM

    Do you have a picture of the cop?

  • 12 Tom Scott // Apr 4, 2009 at 3:55 AM

    It would seem that this permit is only need for “features, TV series and shows, commercials, web casts and still photography used for commercial use.” There seems to be no requirement for a permit if not for any commercial use

  • 13 Carlos Miller // Apr 4, 2009 at 4:01 AM

    I agree. Permits are for commercial use only but I was wondering if they were making an issue about the light being an obstacle or something.

    I lived in Valley before so I know they’re pretty uptight about things out there.

  • 14 marco perez // Apr 4, 2009 at 5:09 AM

    pics are sent. no cop pic, to scared to be like you.

  • 15 wdkr // Apr 4, 2009 at 1:16 PM

    Time for a pork roast

  • 16 Ken // Apr 4, 2009 at 6:14 PM

    I was in a group of people who were told that we could not photograph public buildings, for security reasons. However, if we were found doing it anyway, they weren’t going to arrest us, they would just confiscate our cameras.

    That was in Communist East Berlin in 1969.

  • 17 KC // Apr 4, 2009 at 9:54 PM

    How about an organized photography excursion/field trip, for non commercial purposes, to this very place? Armed with our rights in writing, we could really make a point if in sufficient numbers… just a thought

  • 18 Invisible Pilgrim // Apr 4, 2009 at 10:12 PM

    Stand up and fight…kudos for all you do…
    More protest music is forthcoming ( anyone remember ? ) from the Invisible Pilgrim…

  • 19 Carlos Miller // Apr 4, 2009 at 10:12 PM

    KC,

    I like the way you think. Who else lives in the Valley who can help spread the word about this?

  • 20 ALL BE DAMNED // Apr 4, 2009 at 10:49 PM

    Well i have family down there i might be willing to make a trip to the VALLEY and you know do the whole terrist i mean TOURIST thing

  • 21 Michael Hampton // Apr 4, 2009 at 11:17 PM

    If Phoenix is worse than Orange County, California, then it must be really bad. OC is one of the most corrupt places in the country.

  • 22 Ron Parker // Apr 5, 2009 at 6:19 AM

    The War on Terror ended a few years ago. Democracy lost.

  • 23 Ruggy // Apr 5, 2009 at 9:25 AM

    File a harrassment complaint.

  • 24 Ruggy // Apr 5, 2009 at 9:35 AM

    @Andrew DeFillipis

    Seattle cops are inline with the law? Try photographing the cops during a WTO protest.

    Bring your gas mask… Or not, since even those are illegal now.

  • 25 Melvin Durable // Apr 5, 2009 at 12:43 PM

    Not good…

    Best of luck!

    Melvin Durable
    melvindurable@gmail.com

  • 26 Andrew DeFilippis // Apr 5, 2009 at 3:26 PM

    ————————————————————
    Ruggy // Apr 5, 2009 at 9:35 AM

    @Andrew DeFillipis

    Seattle cops are inline with the law? Try photographing the cops during a WTO protest.

    Bring your gas mask… Or not, since even those are illegal now.
    ————————————————————
    “Riot” policing is a very touchy subject. There have been issues in the past and there continue to be issues with the way that police handle riots vs. protests. Quite often, a group “seems” to get out of hand, and the police react way too aggressive. It happens, and it happens in more places than Seattle. Does that mean it is okay, no. And it shows that the city/police are wrong when our tax $$$ get paid out to individuals who are wrongfully arrested.

    But besides that, I actually don’t live in Seattle :) and I mentioned that I WOULD expect to be questioned up there ;) -”My experience would most likely change ~40mi north of here in Seattle.”

  • 27 Chris // Apr 6, 2009 at 2:02 PM

    Horseshit. There is absolutely no law in place (not the Patriot Act, nothing from Homeland Security — nothing) that requires photographers to present ID or anything. If something can be viewed from a public place, it can be legally photographed.

    Make a stink about it. I like the idea of going back with a large group, with the Photographers’ Rights in hand.

  • 28 KC // Apr 6, 2009 at 5:26 PM

    Carlos,

    I was thinking about perhaps getting the local college involved – ASU – (maybe via facebook) for the large numbers that could be drummed up, many photography students, law students etc who be very much into defending our rights to photograph in public. I would also take the time and effort to identify every photography group that exists in the Valley and contact them to gauge interest and then see about organizing a proper day out for all involved.

    Thoughts?

  • 29 Carlos Miller // Apr 6, 2009 at 6:00 PM

    KC,

    I like the idea. Here is the latest from Phoenix.

    http://carlosmiller.com/2009/04/06/if-i-catch-you-videotaping-the-building-again-you-will-be-arrested/

  • 30 KC // Apr 6, 2009 at 6:26 PM

    Carlos, very sad to see this confirmed so easily. I wonder how they would react to a few hundred people turning up with cameras…

  • 31 Karl Leuba // Apr 10, 2009 at 1:10 PM

    Hey, I googled it.
    Alternet says, and I think they are right, Under Patriot Act provision covering “suspicious activities” can be interpreted as taking pictures. That allows police to detain the suspect, obtain personal, identifying information, and check records for reasons to take the person into custody. But, unless I am mistaken, absent other facts, that is as far as it is allowed to go. Police CANNOT LEGALLY TAKE ANY PIECE OF PROPERTY WITHOUT A COURT ORDER, and they cannot take anyone into custody without probable cause. Suspicion is not probable cause.

    DISCLAIMER. I am not a lawyer, and I have not been arrested recently.

  • 32 Doug Rosbury // Oct 4, 2009 at 7:29 PM

    It is human nature at this time in our evolution to
    seek power over each other. When a person is made a policeman, that seeking after power is given permission by the state. ——Doug Rosbury

  • 33 Adron // Oct 5, 2009 at 6:37 PM

    Came in Phoenix a few days ago. Today I was hassled about taking photos of transit vehicles, because it is my hobby (ala http://www.transitsleuth.com)

    I ended up calling some Marie Chappel to ask permission to take photos. I’m not sure who she is exactly, but she said it was ok.

    Now do I think, feel, or know this to be a reasonable thing to do? No I don’t, but I do know it an absolutely absurd, unreasonable, and desecration of any ideal this nation was built on.

    If it is illegal by some perversion of the law, or some power grab by Phoenix City officials, it doesn’t matter – IT NEEDS to be repealed immediately out of sanctity for those that fought and founded this nation. To be harassed for taking pictures is one of the most ridiculous notions ever.

    There are a million ways to gain recon for terrorist actions, nobody has ever caught single terrorist by detaining people taking photographs. It is militant fear mongering at best, and jack boot thuggery at worst.

    Either way, I’ll have another blog entry and will be contacting others in relation to this. People in America need to raise a MASSIVE STINK about this. If it is photographs now, what is the next thing to fear? Walking by certain buildings? Loitering in parks, or heaven forbid playing in parks? Standing in one’s front yard for too long?

    Who knows, but I dread that it goes further than photography, and hope that those in positions of power will remove their fear they have and stop this nonsense war on photographers.

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