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(almost) Arrested for taking photos (again)
Chris Mackler, Student/Intern, Photographer
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Arlington | VA | USA | Posted: 6:45 PM on 07.22.05 |
->> Today, I was in downtown D.C. making photos. I made my way over to
the White House, curious to see if there were any protesters
expressing their views. Sure enough, there were. Right in front of
the White House, there were two men behind big signs, reading "A crazy
official from the C.I.A. has destroyed my life." Pretty much right
when i got there, the Secret Service started swarming around them,
asking for I.D. (which the gave in the form of passports), etc. Being
a respectable distance behind the officers, and never getting in the
way, I quietly began to take photos of this bizarre occurrence. The
officers were relaying the info they had obtained from the I.D.'s on
their radios, when suddenly i heard on the radio, "STOP THE GUY IN THE
GREEN SHIRT FROM TAKING PHOTOS!" Suddenly, an agent ran up to me, told
me in no uncertain terms to stop immediately. He then asked who I was
working for, and I told him politely that I was a photojournalism
student from Ohio University, and produced both my student I.D. and
NPPA card, being the only official photo documents I had on me at the
time. These didn't seem to do much good, but he walked away seeming
somewhat satisfied. I circled around and managed to take one more
shot of the officers questioning the protesters, and the same officer
screamed at me "stop snapping or I will lock you up!" Not really in
the mood to get arrested, I turned and wondered off. The protesters
never were arrested and things quieted down, but i never went back to
take more photos.
Now, I have many questions. I have had similar encounters with the
Secret Service downright harassing me for doing my job. I understand
the issues of terrorism and national security, but don't I also have
rights as a photojournalist too? Don't I have the right to make
photographs of protesters on public property? Or are all of our rights
as photojournalists stripped when facing the real threat of terrorism?
What are my rights in a situation such as this, and what could I do
differently in the future? |
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Nick Doan, Photographer
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Scottsdale | AZ | USA | Posted: 6:59 PM on 07.22.05 |
| ->> Just as a point of clarification...were you actually on a job at the time? Was there an assignment for a publication that you didn't mention? |
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Chris Mackler, Student/Intern, Photographer
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Arlington | VA | USA | Posted: 7:12 PM on 07.22.05 |
| ->> No, I was not on the job at the time . . . I was simply a student trying to take photographs in my home environment. I was not working for any publication. I understand that in this day in age, when security is extremely tight, that I will undoubtedly be questioned, but I also feel somewhat stripped of my rights. |
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Daniel Tunstall, Photographer
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Pearland (Houston) | TX | USA | Posted: 7:47 PM on 07.22.05 |
| ->> Have you posted the photos you where almost arrested for? |
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D. Ross Cameron, Photographer
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Oakland | CA | USA | Posted: 7:51 PM on 07.22.05 |
->> Thanks for the link, Michael. Very interesting story.
Chris, I sympathize entirely. I'm a little surprised as the Secret Service going off on you like that. In all of my dealings with them, they've always been very cool.
But I don't think that it should matter, one way or another, whether you were on assignment or not. The White House must be one of the most photographed buildings in the country. Hard to believe there's anything "top secret" about the exterior.
Any Washington area -- or White House -- photogs want to illuminate us on this?
DRC |
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Rob Ostermaier, Photographer
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Newport News | VA | USA | Posted: 8:56 PM on 07.22.05 |
->> Greetings fellow Bobcat.
I used to live in D.C. and I know how those Secret Service guys can get. They'll harass you no matter what the current terror level might be. The thing is in this business you will be harassed no matter where your at. Take the Superbowl brouhaha for example, it goes with being a photojournalist. A fire fighter wanted me arrested the other day because he said I needed to "check in" with the PIO and be escorted during an active fire.
I'm not saying you should push it and get arrested, especially if your not working for a publication but somtimes you're going to get that kind of behavior from an "official".
Be careful out there, but make good pictures!
Rob |
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Patrick Collins, Photographer
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Mountain View | CA | USA | Posted: 1:27 AM on 07.23.05 |
->> I stumbled across this "photographer's rights" link on another site. It might have some useful information:
http://www.krages.com/phoright.htm
Patrick |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 2:11 AM on 07.23.05 |
->> Although this type of harassment has increased since 9/11, really it's something photographers have been dealing with since the beginning of the profession. How each shooter deals with it is a matter of personal choice. There are no correct, universal answers.
If I'm shooting and I'm hassled by the authorities, first I try to reason with them. I try to figure out why this person thinks I'm a "threat" and try to neutralize that fear. Do they think I'm a terrorist? Do they think I'm going to get in the way of an emergency worker? Am I intruding on a crime scene? Many times simply asking, "Where do you want me?" is all that is needed.
If that doesn't work and the person in authority is still being unreasonable/etc, I ask myself, "Is this a hill to die for?" Are these shots so important that I need to push this...possibly risking getting taken out of the game altogether and thrown in jail? If I'm on assignment and I know I'm in the right, I'll push it...mainly because I know that the organization I'm working for will back me up.
But if it's just a personal shooting situation, chances are I'll back down. Usually I will start writing things down and ask questions like, "I'm leaving...but I need to know your name, and I also need to know who I can talk to in order to get permission to shoot here, because I want to come back. Who do I need to call?" This is usually a very effective way to destress the situation...you're following their directions, and you're working to resolve the situation without hassle.
Most lawyers will tell you that it is rarely wise to argue with police in these situations. It's always a bad idea to stand your ground and/or refuse to follow directions...police will charge you with disorderly conduct even if you were within your rights to be shooting.
Dave |
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Jeff Stanton, Photographer
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Tucson | AZ | USA | Posted: 2:27 AM on 07.23.05 |
->> This is a difficult thing to defend against almost always. I've never heard of any journalist who was in trouble like this who suddenly whipped out a reference guide to photos in public and said to the cop, "Officer, according to (insert your state name here) law, IE-20-24944-code-94, paragraph 18, no photographer shall be harrassed in a public place while taking photographs."
If this were the case, the so-called "gray" areas would become more defined, wouldn't you think? |
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Damon Moritz, Photographer, Photo Editor
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Woodbridge | Va. | USA | Posted: 9:10 AM on 07.23.05 |
->> Chris,
Just curious, how many tourists were there taking photos with disposables and point and shoots?
The local DC CBS station (WUSA) just did a story on being harrassed while taking photos in public areas of public buildings. The end conclusion was that in most cases the security drone was just over zealous. When management was asked about their policies the answer was - go ahead if you're in a public area.
FWIW I do know that in many areas you are not allowed to set up a tripod. This is somewhat understandable as you could quickly switch from a camera to something dangerous and get a precise take on someone in the distance.
Damon |
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Steven E. Frischling, Photographer, Photo Editor
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New England | | USA | Posted: 10:00 AM on 07.23.05 |
->> Chris
About a month ago I was sitting in Union Station waiting for my train back to BWI simply looking through my view finder tryingto figure out how to get rid of annoying dust speck and two Amtrak cops got in my face about shooting Union Station. Not even paying attention to what the cops were saying yet (Amtk cops are Federal Officers by the way) they saw my Senate press card and said something along the lines of "sorry" and walked off.
Now I wonder how many tourists shoot in Union Station each day. I wonder how many have two 1D bodies on thier shoulders with a 17-35f2.8 and 70-200f2.8. I also wonder if they would have been more of a pain in the butt had my press cards not falled out of my front shirt pocket where I usually stick them when I walk around.
Anyway, this stuff happens all the time. It is not isolated to DC, sometimes cops, Fed, rent-a-wrecks get jumpy esspecially with heightened security. You cannot argue on the scene you will lose, you just need to try and difuse it walk away, unless you can call thier PIO very quickly.
You should not need to provide any press card or assignment. The agents are in full public view, and should know the law. |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 11:52 AM on 07.23.05 |
| ->> Rent-a-cops are the worst. A couple of months ago I was taking photos of a skyscraper downtown from a public street adjacent to the building. The rent-a-cops from the building saw me on the security cameras and came out to try to get me to stop. They kept saying, "The building owners want you to have permission from them before taking photos.", to which I replied, "Well, if you give me their names I might give them a call next time around." It was funny hearing them relay my reply via radio. They never actually DID anything...they just stood around and tried to play mind games. After about 20 minutes I was done with my shots and left. I *really* wanted them to call the police - cops generally dislike rent-a-cops as much as the public does. |
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Tom Ervin, Photographer
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Palm Beach | FL | USA | Posted: 1:51 PM on 07.23.05 |
->> Nick, why does it matter if Chris was on an assignment or not ?
Chris did the right thing by backing off. But I do commend Chris having the nerve to take one more shot.
Last month, news coverage was denied in a hostage situation in LA . A policeman's bullet killed the hostage (baby). Now we will depend upon the government side of the story
Chris, an arrest record in front of the White House might not look good in the eyes of some publications. When they do a security check they will certainly see the arrest when applying for a job. But
you kept cool.
Until newspapers,TV, and magazines get together and fight municipalities in and out of court this stuff will get worse and worse. Especially during this age of terror. |
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Chris Mackler, Student/Intern, Photographer
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Arlington | VA | USA | Posted: 3:36 PM on 07.23.05 |
->> Wow, I hadn't a clue I'd get so many responses...
Michael, that NPR piece was very interesting, it's kinda sad that this issue is getting more prevolent in these times.
Daniel, I've posted some of the nine frames I managed to get off, but I'm not really satisfied with any of them: http://www.sportsshooter.com/mackler/protesters
Rob, good to see there are other Bobcats out there, thanks for the support man!
Patrick, I actually have that flyer on photographers rights, and always carry one copy of it in my wallet, and another in my camera bag, but I didn't think it was a good idea to whip it out in front of a Secret Service agent and say "Hey, these are my rights!!" He probably just would've just gotten more pissed at me. Although, it is a rather useful guide to our rights.
David, your suggestion of asking the question "where do you want me?" when being questioned seems like a pretty good response for the future. By asking that, it seems like they will understand that you're serious about the work.
Damon, some tourists casually walked by this situation, and stopped and snapped a few off with their point and shoots, but then they were told to move along so that the officers could "do their job."
It's good to hear all of these stories, it's true that as photojournalists we are going to be facing these issues more and more in the future, and its a relief that I'm not the only one who has been in a situation such as this... |
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Eric Wynne, Photographer
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Halifax | NS | Canada | Posted: 7:13 PM on 07.23.05 |
->> Chris,
When had an incident here a couple of months ago. A young, female police officer in an unmarked cruiser was involved in a minor traffic accident with the other driver being at fault.
Several police vehicle arrived to support one of their own. One our photographers was assigned to go to the accident (because it was a really slow news day). He arrived and starting to take pictures.
One officer saw what he was doing and ran from the scene to where he was and started swearing at him to stop taking pictures and started grabbing at his cameras. The officer and another one were looking at the camera trying to figure out how to get the "film" out because they were going to damage the pictures.
While they were doing this, another senior officer arrested the photographer and placed him in the car. It took all of 15 minutes for one call to the editor to the RCMP supervisor to tell the arresting officer to release him and return his gear.
While he was being walked to the car, the photographer took photos of the arresting officer and asked for his name.
Needless to say, some major poop went flying that day.
So what I'm trying to say, diffuse the situation by backing off but as someone had mentioned, ask questions, including their name and/or badge number. Sometimes by doing this, they will back off because they don't want to get a call from their supervisor telling them they breached several laws by forbidding you from taking photos of a public building on a public sidewalk.
I'm sure it's the same in the US but law enforcement officers in Canada are legally obliged to provide their name and badge number.
Just remember even though you are legally allowed to photograph, you can't make photos by the back seat of a police car. |
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Keith Carson, Photographer
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Roanoke | IN | U.S.A. | Posted: 12:42 AM on 07.24.05 |
->> Gotta love authority figures that don't know the law. Oh wait, no, their just an annoyance.
Here's the photo I chose http://www.sportsshooter.com/kcarsonphoto/crash/
I was photographing a crash involving a Sebring convertible and a Dodge Ram pickup. The vic in the Sebring lost and died three days later.
It was a Saturday and the volunteer firemen responded. The "chief" was a real winner. I was standing back with a 300 mm in no ones way at all and he walked up to me and we went on for about 10 minutes arguing. I wasn't in the way and I wasn't going to back down. He threatened to arrest me but this was a bad accident and I wasn't going to leave.
When he threatening me I looked at Luther (county police) and he just smiled because he knew Dennis (the fire chief) didn't have a leg to stand on. They tried to place fire fighters in my way to block my shot but when I knew a good shot was coming I'd move right then quickly move left. I called it the "firemen shuffle." I got my photo and eventually gave him my card, upon which he threatened to have me fired. It was a good day, better sitting at home watching tv.
Godspeed, be safe and always have fresh batteries
Keith Carson
http://www.carsonphotography.com |
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Chris Large, Photographer
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Okotoks | AB | Canada | Posted: 1:03 AM on 07.24.05 |
->> David...your post about backing off, asking questions about where to be etc was 100% on the mark. I was a cop for 20 years before retiring and now being a full time shooter, and I would run in to this situation frequently. Funny thing is that photographers were 50 times easier to deal with that tv guys. Anyway....that approach always woked well with me. I knew they had their jobs to do, sometimes they didn't realize that they were causing problems by being in a certain spot but I tried to give them an option. You are right abbout saying you'll never win at the moment....you maybe vindicated down the road but at the scene if you are being loud and pushy you will loose. Be carefull about demanding the names and badge numbers...that escalates things sometimes. Most officers wear a name tag - note it then try and do your job without getting arrested or detained.
By all means get the situation resolved after the fact by talking to the supervisor etc. Alot of the news guys in Calgary made it a point to remember officers names etc and talk abit at non threatening situations - football games, parades etc. Then when you are at a crime scene or an accident maybe the cop there remembers you too and will cut you some slack.
The one cardinal rule of caution.....at any scene where an officer is hurt or worse...be very very careful......police are more protective of a downed officer than a hungry gizzly bear with her cubs. Right or wrong, civil rights or not.......you will loose if you get in the way or do anything that is percieved to be damaging to the officer or his family.
Just my 2 cents from someone who has been on both sides.
Chris |
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Nick Doan, Photographer
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Scottsdale | AZ | USA | Posted: 2:21 AM on 07.24.05 |
->> Tom, since you asked, I was just asking for clarification because I couldn't tell if he was there for an actual assignment or not.
When I lived in DC, I learned that trying to argue with people who carry guns isn't the smartest thing to do. And, if on assignment being harrassed (for lack of a better term) by the Secret Service is a good enough reason not to come back with something. We all have jobs to do, and a responsibility to do them well, but getting arrested or worse in the name of taking pictures doens't do any of us any good.
If he had been on assignment, the next course of action would have been to discuss things with his editor, and have the paper lodge a complaint with somebody; in this case I think the White House Press Office might be appropriate. (It might not help, but it would cretainly make *me* feel better.)
There are always people with a little power who take it too far. You must pick your battles though. If you really need to get pictures somewhere, there is a presiding authority that can overrule the little Napolean trying to keep you away.
We might complain about things like this, but in times not that long ago and countries not that far away, people have been imprisoned and killed for less. |
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Rick Burnham, Photographer
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Enfield | CT | USA | Posted: 7:48 AM on 07.24.05 |
->> Recently I was in Hartford CT sitting in a parking lot having a cup of coffee and listening to my scanner for breaking news when right across the street I observe three uniformed Hartford police officers pearing around the corner of a building only to start running up the street. I grabbed my gear and ran up the street as well. What I found was a narcotics arrest of 5 subjects by 6 or 7 HPD officers on a public street. I stood a safe distance back and took about 15 photos when one officer looked back and started shouting at me to leave. Now mind you there were about 20-25 bystanders all much closer than I but he picked me out because of the camera.
Having anything I would already need unless something were to have gone terribly wrong I just started to walk away. As I was crossing the street going back to my car I heard someone say sir can I talk to you for a moment. I turned around to find a HPD Sgt. He was very pleasant, asked me what I was taking the pictures for and then proceded to give me all the information a news paper guy would ever want about a drug bust. But the most interesting part was his apology for the officers behavior. He said the officer was being a bit over zealous and over stepped his boundries and that he would be spoken to about media relations so it didn't happen in the future. |
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Keith Carson, Photographer
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Roanoke | IN | U.S.A. | Posted: 8:40 AM on 07.24.05 |
->> Rick, it sounds like you work with a great department. The emergency workers in Crawfordsville, Ind. were definitely the best I have worked with, with the exception of a volunteer fire department. It's always nice to know the people in charge also because if the "little Napoleons," as Nick put it, from bothering you so much.
Godspeed, be safe and always have fresh batteries
Keith Carson
http://www.carsonphotography.com |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 5:22 PM on 07.24.05 |
->> Another thing to keep in mind with drug busts in particular is sometimes there are officers working undercover that would REALLY like to stay out of the papers and off of TV. If they are in a public place there's really no LEGAL reason that the undercover guys can't be photographed. But seldom is it necessary - usually the undercovers fade into the background and only hang around to do IDs and the like.
You can gain a lot of cred with the folks onscene if you ask about that issue and respect their desire for a bit of privacy if you can. |
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Keith Carson, Photographer
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Roanoke | IN | U.S.A. | Posted: 9:16 PM on 07.24.05 |
->> David,
I ran into that when I was interning at the News-Sentinel. I think it was a shooting and the PIO came over to me and asked me not to shoot one of the plain clothed officers. I was green to I continued shooting, I thought I was going to be kicked out so I just started getting what I could. After talking to him I stopped shooting certain people. I didn't see this as a breach of my rights. Plus, but doing this I got a reputation of being reasonable to work with in the field so I didn't get hassled as much in the future.
Godspeed, be safe and always have fresh batteries
Keith Carson
http://www.carsonphotography.com |
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