DC Photo Activist Once Again Detained for Photography

 

Once again, teenage photo activist Jerome Vorus found himself educating - and embarrassing - police about basic Constitutional rights.

The 19-year-old Washington DC-based student who has proven countless times that he is no match for some dimwitted law enforcement officers was detained last week for taking photos of a transit facility from a public sidewalk in Alexandria.

Washington Metropolitan Area Transit Authority police officer T.R. Dyke confronted him about the photos, prompting Vorus to quickly ask him if he was being detained.

The officer told him to turn the camera off, which he refused to do. The officer then demanded his identification, which he refused to hand over.

The officer, obviously not accustomed to dealing with people who know their rights, then seemed at a loss of what to do, but did confirm that he was being detained, even though he was unable to state the reason behind the detainment.

Vorus demanded that he call a supervisor, which he did. Unfortunately, the supervisor was just as clueless.

Lt. Earl P. Brown ended up detaining Vorus for more than an hour.

This is how Vorus explained it in a Facebook message interview with Photography is Not a Crime.

The LT never informed me of why I was being detained. He only stated that it was a cause for concern and that gives him the right to detain me and ask for all of my information.

I continued to ask him could he give me a real reason of detainment and his answer was basically, photography.

Vorus has since fired off a letter to the WMATA Office of Inspector General complaining about his unlawful detainment.

The above video is both comical and educational.

Update: Below is the second video that Vorus just uploaded, which shows the continuation of the incident.

 

Comments

That was pretty funny.. Idiots.. I will give the officer 1 props, he did give his badge number when asked.. Other than that, epic fail..

Apparently they aren't used to people not just bowing to their wishes, he was clueless when he was told no..

If the officer actually thought he could arrest him he would have.. His inability to articulate any reason, let alone a rational or reasonable suspicion doomed him right from the start.

This raises another question, jurisdiction, he doesn't allege that Jerome entered the site, under what theory does Jerome have to even comply with ANYTHING he says? I guess that would have a lot to do with how these transit officers are considered under the law. If they are equivalent to private security, I don't see even having to acknowledge them from the sidewalk, they are non-entities and holding you against your will could be considered kidnapping.

I really like Jerome calling the cops, I would like to see the whole hour plus, especially the interaction with the Sargent. He was respectful, never raised his voice, and never allowed the officer to bully him. He did get a little flustered a couple times but no problem.

Altogether very instructional, well done Jerome.

Oh, and I don't think that letter is quite strongly worded enough. Their officers violated Jerome's rights, CLEARLY. The transit authority needs to explain WHAT they are going to do to rectify the situation and HOW they are going to keep it from happening again.

I also think he should have called out each violation separately and any recent supreme court precedent or state/local law to clarify, make it so they have no wiggle room..

Since ignorance is no excuse works both ways, so when will the suit be filed?

Suit? 18USC242. When will the arrest be made?

Carlos,
Interesting story. Do you or Jerome have more of the video posted somewhere on the internet? It would be interesting to see what happens next.

Thanks,
Frank

As always, Jerome did a great job of politely but firmly asserting his rights. A few months ago I had the opportunity to spend a couple of days turing DC with Jerome. His demeanor and grace under pressure are impressive. We could all learn a lot from him.

I do, however, worry about his safety. Jerome, keep up the good work. I look forward to our next outing.

Jerome, edumacating one clueless cop at a time.

Good work. It's hard to believe this kind of thing still happens.

To be fair, I blame the people educating and training (and then failing to punish) the cops.

BTW "....that he is no match for some...."

should be

"...that he is more than a match for some..."

Or is one of those American things where you have turned "I couldn't care less" into "I could care less"

"Why is that personal information?"

"Because it's MY NAME."

"Oh."

Brilliant.

Actually not so brilliant. In a 2004 decision –HIIBEL V. SIXTH JUDICIAL DIST. COURT OF NEV.,HUMBOLDT CTY– the Supreme Court ruled that your name is not protected under the 5th amendment. Stating that “Answering a request to disclose a name is likely to be so insignificant in the scheme of things as to be incriminating only in unusual circumstances.”

Therefore, you are only required to provide police with your correct name. Any other information is then protected by the 5th. The idea is that since your real name is out in the public in so many ways it would not be an utterance that would be able to be used against you as an admission of a crime.

As one very smart criminal lawyer once advised me “Giving your name should suffice in any state that has ID laws.”

Your mileage may vary depending upon how much ego the officer has.

Here is a link to the decision at Cornell Law: http://www.law.cornell.edu/supct/html/03-5554.ZO.html

HIBEL only applies in states that have "stop and identify" laws. If the state doesn't have such a law you don't have to tell a cop jack.

That ruling may no longer apply to Terry stops. The Department of Homeland Security has recently implemented a "suspicious persons" database.

Courts have ruled in the past that simply identifying yourself does not pose a risk of incriminating yourself, so the 5th amendment does not apply.

All it takes to get onto the database/watch list is to be the victim of a Terry stop where the cop feels you are acting suspiciously. Whether any crime is committed, or whether the cop is mistaken or poorly trained is irrelevant to whether you end up on the watch list. The cop is supposed to file your name and identifying data into the database simply because he felt suspicious.

Being on a terrorism watch list can be used as incriminating evidence in future stops (though it isn't enough by itself to convict). It certainly would endanger your life (cop grabs you for a stop & identify, calls in your name, gets back that you're on a watch list for suspected terrorism, and the entire tone of the encounter changes radically as the cop draws his gun and aims it at you).

In light of that DHS database/watch list, you can now claim risk of self-incrimination when giving your name in a Terry stop. Which may well have the effect of abolishing such stops.

Very interesting point. I would hope that it would stand in court. If the government can warp the laws then we should be able to use such reasoning also. I guess you would have to ask the cop if they were going to put you on such a list to make it stick. In any case thank you for such in-depth thinking without the rhetoric.

I think this is the exact point I was arguing in another thread.

Remember, the supreme court said that they weren't precluding the possibility that simply giving your name could have 5th amendment considerations, just that:
1. Hiibel didn't raise this originally, he just didn't feel he needed to give his name.
2. They couldn't think of a reason.

Well, given this database/watch list I can see valid and legal challenges to stop and identify statutes. The government screwed themselves out of a perfectly good precedent because they got greedy..

Great work Jerome!

This, is and your other videos, are a great example of knowing and standing up for our rights as citizens and photographers. As with so many of these videos, it is interesting how the officers make up the laws as they go along to get what they want at the time, i.e. yes you are obligated to give ID, that you can be detained for taking photos, etc.

You brilliantly asserted your rights as always Jerome! Thank you for this!

A friendly word of advice for officers with an IQ under 120... Don't mess with Jerome, because he'll take you to school every time.

do Polski niech cwaniak przyjedzie, dostanie raz drugi pałą przez łeb to się gnojek nauczy kurwa... troskliwi amerykanccy policjanci kurwa jego mać...

Why would you post a non-English reply on an English language blog, where all other comments are also English language?

Carlos Miller - Photography is Not a Crime
Pixiq Expert

I just posted the second video which shows the continuation of the incident.

As much as we want to praise the photographer's actions, I agree with the police officer. If someone is at a transit facility at night taking photos with no one around (even on public property) that is suspicious even to me. And remember, the FBI and Metro police foiled a plot to blow up the DC Metrorail system a month ago. So I can understand the officer being extra sensitive.

Just for the sake of reference, I'm a seasoned transit photographer who has taken many photos of WMATA without a problem because I don't put myself in situations deemed suspicious.

I have said many times and will continue to say that I don't have a problem with officers asking and inquiring about photography. But it is unacceptable to detain someone. It is not 1100 at night or 0300 in the morning, it is 8:00 in the evening.

I have said many times and will continue to say that I don't have a problem with officers asking and inquiring about photography. But it is unacceptable to detain someone. It is not 1100 at night or 0300 in the morning, it is 8:00 in the evening.

I have said many times and will continue to say that I don't have a problem with officers asking and inquiring about photography. But it is unacceptable to detain someone. It is not 1100 at night or 0300 in the morning, it is 8:00 in the evening.

I agree with you in principle. I have been stopped and detained before (only once) and it ended cordially. All I am saying is that in light of recent events, I can't blame the officer for being overly suspicious, that's all.

I agree with you in principle. I have been stopped and detained before (only once) and it ended cordially. All I am saying is that in light of recent events, I can't blame the officer for being overly suspicious, that's all.

I agree with you in principle. I have been stopped and detained before (only once) and it ended cordially. All I am saying is that in light of recent events, I can't blame the officer for being overly suspicious, that's all.

No, the FBI did not "foil" a plot to blow up Metro.

The FBI *created* a plot to blow up Metro, then convinced a guy to take photos of Metro for their imaginary plot.

That's a huge difference, and spreading disinformation like that is exactly how bullshit stories of "terrorists photograph transit" get started.

Hitting the kool-aid a little hard are we Aaron?

That's not bullshit. That's what the FBI says in its own search warrant.

http://www.scribd.com/doc/40331428/Farooque-Ahmed-Search-Warrant-Affidavit

Paragraphs 6, 7, 8, and 9: The FBI set up a meeting with Farooque Ahmed, handed him a Koran with code words inside, met him again one month later, and asked him to take pictures of the Metro system.

Ahmed had no desire to be a terrorist in this country before the FBI found him. The FBI's own paperwork says he was trying to LEAVE the country when they contacted him. Instead, we kept him here and concocted a plot in which terrorists need photos taken.

"The FBI set up a meeting with Farooque Ahmed, handed him a Koran with code words inside, met him again one month later, and asked him to take pictures of the Metro system."

To which Ahmed could have easily said "Fuck off", if he truly had no desire to be a terrorist conspirator. The FBI didn't force him to do shit, yet he did so anyway because he believed they were Al-Qaeda. People are responsible for the actions they take. If the police work a sting, asking people if they want to buy some crack, and they buy it, they're guilty. Same thing here. He didn't have to buy what the FBI was selling, but he did because he's a terrorist piece of shit at heart.

It's good they found this prick before he left the country and got in bed with a real terror cell, plotted something truly destructive, and killed a bunch of people. He made his bed, now he has to lie in it. Don't try to sell that bullshit conspiracy theorist crap to me pal, I'm not buying it.

Either way it still shoots to shit your earlier comment, you lose, please come again.

I'm not selling any conspiracy theory pal, I'm quoting from an FBI affidavit. Last I checked, that's a sworn court document, not a conspiracy theory.

Nabinut wrote: "And remember, the FBI and Metro police foiled a plot to blow up the DC Metrorail system a month ago."

I merely pointed out there was no "plot" to "foil" before the FBI got involved -- there was only a wannabe terrorist. You said that was "bullshit." I gave you court documents that show it's not bullshit, and you then accused me of spreading conspiracy theories.

Do you want to stop now?

I've got no problem with the FBI using sting operations to arrest would-be terrorists. (Provided those sting operations don't cross the line into entrapment, but that's why we have a court system.)

I do have a problem with people pointing to those sting operations as evidence that teh terrirists are plotting something, when the FBI's own documents show that's clearly false.

"Whether any crime is committed, or whether the cop is mistaken or poorly trained is irrelevant to whether you end up on the watch list. The cop is supposed to file your name and identifying data into the database simply because he felt suspicious."

The problem here is that "suspicious" doesn't really
mean anything. It is based on a gut feeling
of someone who stands to benefit financially
(court $$)by calling you that.
Peter Watts had a verbal spat with a cop (no arrest, no conviction) in Canada 12 years ago, so he was branded last year a "repeat offender" in his case in the US where he got convicted of a felony for not getting back into his car fast enough for border guards. The "badge guys" want you on their
stupid list; it gives them better leverage over people.

It appears that Mr. Jerome is looking for confrontation and that's a dangerous game. Be careful my friend. We are living in very dangerous times.

@DannyC, I was never looking for any type of confrontation. The contact by the officer was made before the start of the video. You don't fully know what took place before the start of the video.

My problem is that you identified yourself as a journalist and then said you didn't need to provide ID because you were shooting for yourself for a personal project.

If you're identifying yourself as a journalist, they're going to expect credentials.

Semantics...

"they're going to expect credentials." - They can expect them all they want to, that doesn't legally require him to give up his identity just because some jerkoff "expects" them.

So if you're telling some one that you're acting in a specific capacity as a journalist, they're just to take your word for it? So if I tell you that I'm a police officer, you'll comply with whatever I say and I don't have to provide you with credentials to prove I am who I'm telling you I am?

I'm not saying that it was right that they stopped him for photography, but for him to tell them that he's operating as a journalist and then going on and saying that he's working on a personal project and doesn't have to prove he's a journalist is just asking for trouble.

Actually will, when he first made contact with me, I informed him that I was a photographer just taking pictures for a project. He then asked "what, like a photojournalist?" I then said yes. I then informed him that I was not currently working on behalf of any publication, but for a personal project.

Repost. Delete.

Repost. Delete.

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