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|| SportsShooter.com: Member Message Board
"Standard Practice", Police, BP and other entities...
Scott Serio, Photo Editor, Photographer
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Colora | MD | USA | Posted: 9:41 PM on 07.04.10 |
->> So I just read the BP thread and I am reminded of other threads. I am also reminded of some personal experiences, both as a cop and as a consumer. Please remember this, just because they tell you something is "standard practice" does not mean it is legal or even something they can compel you to do.
In the instance of the BP security people, they were entitled to jack. Once the police checked my credentials and determined I was not trespassing or in violation, BP is not entitled to ANYTHING.
Reminds of the claim I was filing in reference to an incident at a restaurant. The claims person says, "We will need you medical records for the last three years." When I asked why, I was told, "Well it is our standard practice." She didn't get them, that is just a fishing expedition, don't let them fish.
It might be there standard practice to ask, but don't give them that information. Period. And tell the police, "I do not want you to give them my information. You have verified I am a working journalist, am I free to go?" End of story.
If they say you are not free to go, well, this is a different realm, because technically the only way they are allowed to detain you is if they believe criminal activity is afoot.
Bottom line, when people ask for personal information, stop, think and ask not if it is standard procedure, but is it a valid intrusion of your privacy. |
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Chuck Liddy, Photographer
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Durham | NC | USA | Posted: 12:38 AM on 07.05.10 |
| ->> scott, I have to agree. first off, my main question is just where the hell is this law? you know, the one all these cops, security guard cop wannabees, and the somewhat nefarious "homeland security" agents are quoting? Americans can't take photos from a public street? this is total, unadulterated BULLSHIT. if we, as journalists don't stand up to this nonsense we will fall deeper and deeper into a fascist state. screw them. screw BP. they've destroyed the gulf of mexico and they DON'T CARE. time for all of us to grow some balls and kick some corporate ass. |
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Michael Durisseau, Photographer, Assistant
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Santa Fe/Houston | TX | USA | Posted: 5:39 PM on 07.05.10 |
->> Gentlemen,
There is NO law. There is a DIRECTIVE (http://www.hsdl.org/?view&doc=43915&coll=limited) that is being misused by law enforcement, and claimed as law by some in the chemical plant industry, with Michael Marr of BP being the latest. |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 7:52 PM on 07.05.10 |
->> Michael -
Interesting read. The word "report" appears 15 times by my quick count, but neither "detain" nor "interrogate" appear at all. |
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Michael Durisseau, Photographer, Assistant
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Santa Fe/Houston | TX | USA | Posted: 9:11 PM on 07.05.10 |
->> Mr. Peters,
Very perceptive, you are...that's why I was saying it's being misapplied...and unless there is some kind of reason (and I would love to hear from those that have some sort of law enforcement background) to detain/interrogate/inspect photos without probable cause (I know, I'm not using the term correctly). |
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Scott Serio, Photo Editor, Photographer
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Colora | MD | USA | Posted: 10:22 PM on 07.05.10 |
->> The link is not coming up for me. In the BP situation, it appears the rent-a-cops and real cops were somehow alerted to the photographer. Their "investigation" and the right say he was not free to leave ended when they determined he was not a terrorist or trespassing.
I will give Homeland Security minimal leeway, minimal. But the mere presentation of a press credential considering the subject should have sufficed.
The right to say someone is not free to go can only be based on the belief, or at least an investigation into the belief that criminal activity is/was/was about to be afoot.
Once you transition into their asking for social security numbers, they are past criminal activity and have moved onto a fishing expedition and an invasion of privacy. If you have a valid government issued ID (most have a driver's license), that should be all any cop needs. Maybe an ID from your newspaper or magazine.
And honestly, unless they know a crime has occurred, they can't even search you. All police can do is request things like a social security number. Maybe they can ask to search you, but you are under no obligation to let them. |
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Michael Durisseau, Photographer, Assistant
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Santa Fe/Houston | TX | USA | Posted: 10:28 PM on 07.05.10 |
| ->> Would it be improper to post the directive? |
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