Police can detain photographers if their photo has no apparent esthetic value!
Oct 27, 2014, 9:58 am
#62
Join Date: Dec 2010
Posts: 962
OP: Your title is wrong. It should read "Police say they can".
They can't. Even the DoJ has filed court motions saying police should be stripped of immunity and held personally liable for interfering with recording in public places (or openly recording police interactions).
They can't. Even the DoJ has filed court motions saying police should be stripped of immunity and held personally liable for interfering with recording in public places (or openly recording police interactions).
Oct 27, 2014, 10:00 am
#63
Join Date: Dec 2010
Posts: 962
If a police officer lied claiming you couldn't do something that is constitutionally protected, claiming there's a law against it, the LEO himself is committing a crime 18 USC 242 "DEPRIVATION OF RIGHTS UNDER COLOR OF LAW". Contact the local DA's office and insist they press charges.
Your lawyers will, though. 42 USC 1983 is the civil equivalent and allows for compensatory and punitive damages against agency and (if it was "clearly established law") the individuals involved. (See Bivens for 1983's equivalent applicability to Federal agents.)
Having to pay a few hundred grand tends to have a significant corrective effect on someone's behavior.