Legal Handbook for Photographers by Krages Bert P.;

Author:Krages, Bert P.;
Language: eng
Format: epub
ISBN: 9781682032879
Publisher: Lightning Source Inc. (Tier 3)
Published: 2017-08-07T00:00:00+00:00

They can threaten to prosecute you but they cannot take your film or memory cards.

In theory, a photographer who has had equipment seized has the right to arrest the person who took it, provided that the seizure constitutes a felony or occurs in a state that allows arrests for any crime that occurs in the presence of the person performing the arrest. However, there are good reasons to refrain from this tactic. First, using force or the threat of force can lead to dangerous escalations. Second, you run the risk of being liable for assault in the event you wrongly assessed that the conduct for which the arrest was made was a crime. Third, as discussed later in this chapter, there are better options, such as techniques to defuse confrontations and the pursuit of legal remedies.

A photographer has a qualified right to use force to resist someone unlawfully attempting to seize equipment or film but in many cases should refrain. There are generally better and safer options. In addition, you could be legally liable if you use excessive force. When defending property, you may resort to force only if you reasonably believe it is necessary to prevent theft or destruction of the that property. Many states require you to take reasonable measures such as requesting the person to desist before resorting to force. The use of deadly force is never authorized to defend property; weapons like guns or knives cannot be used to prevent a seizure.

Government Seizures

The government may lawfully seize images, film, and equipment when they may constitute evidence that a crime has been committed. Because there are relatively few instances in which taking photographs is a crime, photographic equipment and images are rarely seized outside of cases involving counterfeiting, obscenity, or child pornography. However, the potent evidentiary value of images makes them a desirable target of seizure. Except in limited circumstances, such as during the course of an arrest, law enforcement agents cannot seize your cards, film, or equipment without a warrant or subpoena authorizing them to do so. In the event you are arrested or ordered to hand over cards, film, or equipment, you should do so; there is no legal right to use force against law enforcement agents who are acting pursuant to their official authority. Doing so will subject you to being charged with resisting arrest. In such cases, your best alternatives will be to try and resolve this matter with more senior officials, or if that fails, to pursue legal action.

Some states have “stop-and-identify” statutes that require persons who are reasonably suspected of involvement in a crime to identify themselves to a law enforcement officer if asked. The U.S. Supreme Court has held that these laws are constitutional except when detained persons reasonably belief that reveling their names would tend to incriminate them. While an officer must have a basis for suspecting a crime in order for the statute to apply, statutes and ordinances covering activities such as loitering can be broadly applied. If

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