DC photographer detained twice in four months for taking pictures of cops


Jerome Vorus, a 19-year-old man living in Washington DC, is the latest photographer to prove that cops either do not know the law regarding photography or just choose to make it up as they go along in the hopes the photographer will be clueless.

Fortunately, Vorus is far from clueless.

In the last four months, he’s been detained twice for taking pictures of cops.

Jerome Vorus

In the first incident last March, he was actually tackled by an officer who supposedly was later disciplined.

You can hear that incident in the audio recording he made that demonstrates that although he is an aspiring pilot, he would make one hell of a lawyer.

The assault takes place in the first clip. The second clip captures the aftermath, including a moment when a cop tells Vorus he needs to “stop hiding behind the Constitution.”

In the latest incident earlier this month – which was covered by NBC Washington and might be covered by The Washington Post -  he came across a few cop cars making a traffic stop and snapped a few photos.

A male cop demanded to know what he was doing. He asked if he was being detained. The cop hemmed and hawed and told him no, he was not being detained. That he was free to go.

“As I was walking away, two other units pulled up,” he said in a phone interview with Photography is Not a Crime.

A female officer then stepped out and demanded his identification. He asked again if he was being detained. He also started recording the conversation.

“I notified her that I was only required to provide her with ID if I was suspected of a crime,” he said.

“She said, ‘yes, you’re being detained.’ I said, ‘now that we’ve established I’m being detained, here is my ID,’.”

The officer, who was under the impression that it was illegal to photograph police in public, then checked to see if he had any warrants against him. She also said it was illegal for him to audio record her, which he was doing openly.

Neither is illegal in Washington DC.

Meanwhile, the first cop was telling him that he was free to leave. Both officers were of equal rank.

Vorus asked for a supervisor, which only complicated matters.

“A sergeant arrived and told me I could not take pictures without permission,” he said.

A friend of his then arrived at the scene and tried correcting the officers by informing them that he, in fact, did not need permission to take their photos.

“Then they started asking for her ID,” he said.

But she knew better than to provide her identification.

He was eventually released after almost 30 minutes.

A few days later, Vorus spoke to a Sgt. Mercer at the police department to file a complaint.

“He said those officers were incorrect and that anyone can take pictures on public property,” he said. “He also told me he would speak to the officers to get their side of the story.

“It was Tuesday and he told me to call him back on Wednesday.”

Vorus called back on Thursday and surprise, surprise, the sergeant was no longer so cooperative.

“He now had an attitude. He said the officers told him I was taking pictures of inside the police cars. I told him all the pictures I took are posted on my blog.”

Not that it should have made a difference. As long as he is not physically entering the police cars, he has every right to photograph whatever can be seen from the outside. If the cops don’t like it, let them tint their windows.

The First Incident

Vorus was hoping to take photos of airplanes at Ronald Reagan Washington National Airport in Arlington, Va.

It was March 1st and Vorus contacted the airport’s media relations department to inquire about its photo policy. He spoke to a Tara Hamilton.

We talked about me taking photos at the airport check-in kiosk for the airlines since that was private property leased by the airport, she notified me that I would need to ask their station managers. She also told me that she would notify TSA and Airport Police of my presence.

It wasn’t long before he was approached by Transportation Security Administration officials inquiring about his photography. The first two times, the TSA officials were in uniform. He told them he had permission and they did not push the matter further.

But then he was approached by two men in suits who told him he was not allowed to photograph “TSA checkpoints or TSA personnel.”

“They said they were in law enforcement. I asked them to show me a badge,” he said.

One of the men told him, “we ain’t going to show you shit.”

They eventually pulled out Homeland Security credentials.

Vorus began recording the conversation. He then snapped some photos of the men.

Then he walked away after being informed he wasn’t being detained.

But then one of the Homeland Security officers beckoned a uniformed Metropolitan Washington Airport Police officer who was on a bicycle, telling him him that Vorus was being “combative.”

In cop talk, combative is anytime you question their authority. It’s the equivalent of contempt of cop. The only difference is, the word “combative” written on a police report gives them the justification of beating your head in.

So Vorus got into a discussion with the police officer, whose name turned out to be Corporal King.

I asked him “was I being detained” after 2 minutes of his hostility, and he did not respond. I then asked a couple more times. He stated no, I then asked him was I free to leave he also said no, I then followed up with well then I am being detained.  He asked me for identification. I asked one more time was I being detained. NOTE: “By this point I am extremely frustrated. I was verbally abused by two TSA employees and accosted by an Airport Police Officer.”  Officer King stated that if I did not provide proper Identification, I would need to leave the airport. I decided at this point I would depart from the airport.

As he was walking away, Vorus turned around and snapped a photo of King and another officer who had joined him.

This caused King to become combative, to say the least.

I was told by other officers that I was being detained as a suspicious person. When it was confirmed that I had been detained, relinquished a VA Driver License. I then was told that I would be taken to jail at least for disorderly conduct.

Officers came, examined the images that were stored on my camera’s memory card. I was told to delete the images of TSA personnel and airport personnel. I was released twenty minutes later. I was told that I was being detained for suspicious behavior, but I was never searched.

When I took a picture of Officer King he jumped off of his bicycle and said “your ass ain’t gonna take a picture of me” and tackled me.  I yelled “ that is assault, get off of me”. He grabbed the camera that was around my neck and walked away. The female officer yelled and motioned for me to sit on stairs that were to our left, two more officers came and yelled for me to sit down. One officer had a M-4 assault rifle.

The cops ended up deleting his images, which he was unable to recover, before sending him on his way.

He ended up filing a complaint against King and learned that the officer had “violated departmental policy” and “appropriate action has been taken” but wasn’t told any details, which probably means King was simply told not to tackle anybody when it was obvious he was being recorded.

Comments

Anonymous
Anonymous

The truth of the matter is they just flat DO NOT CARE what the law is and they will continue to do what they are doing untill it costs them a promotion or two. That’s probably not going to happen. They are not police, they are gestapo pigs.

Anonymous
Anonymous

“The cops ended up deleting his images…”

Hmm, destruction of evidence, or at least destruction of property.

Seems like we’re getting to the point where we need a lock on the memory slot and a password for the camera; call it the anti-cop-tampering feature.

Anonymous
Anonymous

@ Bryan
i am with you 100% on the “destruction of evidence”

but the “anti-cop-tampering feature” i would think would cause them to just steal your camera.
For the non tech person switch to a spare memory card before taking more photos and Google undelete OR antidelete

Anonymous
Anonymous

So, why wasn’t King able to recover the images? Did the officer actually give thought to and have the know-how to format the card before he handed it back?

Anonymous
Anonymous

“Seems like we’re getting to the point where we need a lock on the memory slot and a password for the camera; call it the anti-cop-tampering feature.”

I saw an excellent suggestion on this site or another. I can’t remember who posted it, so I can’t specifically credit them for it. Someone suggested using an Eye-Fi memory card in conjunction with a personal wireless hotspot from a cellphone company. This way, your photos can be constantly uploaded to another location while you take them. I believe that’s what the Eye-Fi does at least.

Again, this wasn’t my idea, but I thought I’d mention it in response to the earlier comment about an “. . . anti-cop-tampering feature.”

Anonymous
Anonymous

Fucking thugs.
mepsipax recently posted..I like em fluffy

Anonymous
Anonymous

Go ahead “Johnny Law”.. I’m waiting.

Rail Car Fan

Anonymous
Anonymous

SanDisk now makes SD WORM cards. Once a file is written to it, the file can neither be deleted nor modified.

They’re only 1GB and they cost a chunk of change (because they’re marketed to police agencies for sotring evidence) but they’re another potential way of cop-proofing your photos.

And Wocka, yes. An Eye-Fi and personal hotspot or suitable smart-phone can be used exactly that way; to upload your images as they’re taken. You can even do ad hoc mode (saves it to a cell phone or laptop in range without an access point) and video with some of their newer models.

Anonymous
Anonymous

The newer Eye-fi cards are a bit better about uploading to different access points; the earlier one I have would require the mifi personal access point since it can’t do ad hoc.
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Anonymous
Anonymous

@9:40 of audio clip 1, Officer: “What took place here?” Vorus: “Are we playing crazy now?”

I love it…

These cops obviously have absolutely zero regard for the law and the Constitutional rights of citizens. They are a disgrace, and have no business wearing a badge of any kind. The assaulting officer, as well as the female officer that allowed the assault to happen should have criminal charges filed against them.

I have used Eye-Fi cards in all of my cameras for several months now, and until something better comes along, that’s all I will use. They’re definitely the best way to cover your ass in situations like this.

As far as the SD WORM (Write Once- Read Many) cards go, I can see no practical use of them for the general public. As physically destroying the card is the only way to erase the images, they would be prohibitively expensive in the long run.

Anonymous
Anonymous

If this stuff is true, sounds like the cops screwed up. I really don’t understand why the cops in the latest incident gives two shits about their cars being photographed. I work in a very busy touristy area and I get photographed several times a weekend. No big deal.

I can understand them stopping to question someone taking pictures inside an airport. I have to wonder about his account of the events. I know that if they don’t want him taking pictures, they can kick him out (sorta like the whole metrorail thread). They should get hammered for deleting his pics for sure.

I was actually pretty sympathetic to this posting until Carlos posted this crap:

“In cop talk, combative is anytime you question their authority. It’s the equivalent of contempt of cop. The only difference is, the word “combative” written on a police report gives them the justification of beating your head in.”

Why ruin a good post with this biased bullshit commentary? Have confidence in your story and stick with the facts.

Anonymous
Anonymous

TSA has said many times on their own site that people are allowed to take pictures of checkpoints, so long as you don’t shoot the X-ray machine screens.

I’d also like to hear Johnny Law et al. justify the viewing and deletion of photos from Vorus’s camera, absent a search warrant.
Vidiot recently posted..My Rides Here

Anonymous
Anonymous

…and Johnny Law commented while I was writing mine. Glad you’re in agreement that the cops were out of line for deleting the photos.
Vidiot recently posted..My Rides Here

Anonymous
Anonymous

JL,

I speak from personal experience. In my first arrest, the cops said I got “violent by refusing to walk freely, tensing himself and taking pictures with his camera.”

They then proceeded to bash my head into the sidewalk.

http://carlosmiller.com/wp-content/uploads/2008/01/arrestreportredactjpg...
Carlos Miller recently posted..Oregon police chief won’t let definition of law get in the way of a few arrests

Anonymous
Anonymous

It has been ruled and up held, in a case from NYC, that a photograph is worth $1700. So, $1700 x the number of photos. This was in the 70,s during operation sail.

Anonymous
Anonymous

Great post! Instances like this make me believe that photographers should go out in teams of two… Just like snipers. If the camera is the new gun, then maybe photographers should embrace that idea.

A partner shooting video out of site and recording every photo via Eye-Fi should be in every photographers bag next to extra batteries and a tripod.
Rob recently posted..Custom Camera Strap For Sale On eBay

Anonymous
Anonymous

Congrats, Carlos, your blog never fails to piss me off. Keep up the good work.
Ironically, the last time I was in DC, I most definitely flexed my rights taking pictures, and shot DC cops, Homeland Security, Secret Service, and the president’s motorcade, and no one said anything. I guess its just dumb luck who gets harassed…

@Roger Do you know what the name of that case was?

Anonymous
Anonymous

No I don’t. But it is covered, in detail in “The Professional Photographers Survival Guide” an old book from the 80′s.

Anonymous
Anonymous

I’ve been looking into the prohibitions of recording for a few days and stumbled across your site.

This started because I saw a youtube video of a stringer driving with one hand and operating a camera with the other to go take pictures of police actions.

Now, I have no problem with recording the police and doing so for a profit–just make sure what you have was acquired legally.

It’s later in the audio recording that you really hear why cops are in a hurry to receive identification. We are in a post-9/11 time right now and airports are still at amber alert (last time I checked). They want to ensure that you are not trying to scope out the place. Which is why they want identification. But I also expect cops to be held and accountable to the law as well.

But I have a lot of respect for those who truly do protect and serve.

As with most cases, lack of education is the reason for situations like this.

Anonymous
Anonymous

What is this 9/11? I keep hearing it from politicos and jerks to justify the erosion of the Constitution. If you’re referring to the events of September 11, 2001, it still isn’t an excuse! What changed on September 11, 2001? There were terrorists before, there are terrorists now. The twin towers were attacked in 1993, why didn’t we go off all half-cocked there? The US’s daily death rate is 5000 people, so 60% more died that day…that’s not a lot. Our military capacity wasn’t hurt in any way by the events of September 11, 2001…seriously, what happened that day to justify all this nonsense!?

Anonymous
Anonymous

Man people really do have problems respecting peoples rights.

Anonymous
Anonymous

Omg, just listened to the second video.

He’s claiming about hiding behind the constitution yet he’s pulling 9/11 BS.

Sorry for double post.

Anonymous
Anonymous

“He’s claiming about hiding behind the constitution yet he’s pulling 9/11 BS.”

@Roger Pretty hypocritical isn’t it? Cops the world over have been hiding behind 9/11 as an excuse to violate innocent people’s civil rights for the last 9 years. Yeah, terrorism is a very real problem, but 9/11 has become a “scapegoat” for the fascists that invoke it for no other reason than to get their jollies off.

Anonymous
Anonymous

THAT KID IS FUCKING AWESOME!!!!!!

Anonymous
Anonymous

SOMEONE SHOULD CLONE THAT KID AND BUILD A FUCKING ARMY!!!!

Anonymous
Anonymous

Thanks for the Eye-Fi tip. I had no idea!!! I will be buying a card on Amazon in about 5 minutes…

Anonymous
Anonymous

It seems that the phrase “post-9/11″ has become a red flag that indicates poorly thought out restrictions on civil liberties. Every time I hear it or see it, it’s being used by some person that assumes that the events of 9/11 should obviously permit the curtailment of civil liberties without serious review or discussion.

I submit that 9/11 was never the devestating threat to America or Freedom or God or Everything That Is Pure and Right that it has been advertised to be. In fact, in terms of the cost in human lives, it’s badly overblown: since the morning of 11SEP01, ~3000 Americans have died due to terrorism and ~360,000 have died in automobile accidents. The risk of being harmed by terrorism is so tiny and remote that it’s comparable to the risk of death from lightning, deer attacks, and peanuts.

Focusing on 9/11 is silly. Giving up your fundamental rights over 9/11 is stupid. Asking others to give up their fundamental rights over 9/11 is insulting.

Anonymous
Anonymous

I always thought Reagan Airport was in Virginia technically, not DC… so I think it would be more appropriate to see if there are audio/video laws for VA. (Here on the Maryland side of DC they can be pretty restrictive.)

Anonymous
Anonymous

Virginia’s wiretapping law is a “one-party consent” law. Virginia makes it a crime to intercept or record any “wire, oral, or electronic communication” unless one party to the conversation consents. (Virginia Code § 19.2-62. )”

So as Mr. Vorus stated repeatedly and correctly throughout the encounter, his recording was perfectly legal under Virginia law.

Anonymous
Anonymous

You’d do well to work only using “live feed” equipment backed up with spy camera’s? In part what’s so ludicrous about all this, a professional could use a spy camera surreptitiously to film all day long, eh?

Thank you for your courage and I hope you intensify your efforts. Good luck in all your endeavors.

Anonymous
Anonymous

This is why it is best to have your camera stream directly to the internet, so that no matter what they do to the local images they are backed up and safe.
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Anonymous
Anonymous

Johnny Law said, “I know that if they don’t want him taking pictures, they can kick him out”

Officers certainly are not allowed to kick out people for taking pictures in facilities owned by federal, state, or local governments (except certain secure military installations). Although Ronald Reagan Airport is owned by the private Metropolitan Washington Airports Authority, it was originally built by the federal government and passed on to MWAA with the condition that MWAA decisions were subject to a Congressional review panel. So it is not clear to me whether MWAA has the authority itself to kick off people taking photographs in public areas of the airport.

Anonymous
Anonymous

I think we should go the Gahndi rout! A large group of photographers show up at a pre set test location and start taking photos known to spotlight the problem ( news pre notified) and start taking photos all at same time in a circular pattern to record the side line activities.

Anonymous
Anonymous

I am a twenty-three year member of MPDC and I have witnessed the abuse of authority by some members of MPDC under the guise of law enforcement. Not until the current Chief makes it clear to members in her charge she will not tolerate violations of citizens’ Civil and Constitutional Rights, the abuses will continue unabated. There are too many official willing to turn a blind eye to these abuses and enough official with the intestinal fortitude to take the appropriate action(s) when observing or having knowledge of abuses of authority.

Anonymous
Anonymous

The good news for the cops is that there is a lot of case-law and supporting them detaining anyone taking a photo of them; the bad news is that the aforementioned laws are codified in places like: Iran, Venezuela, Saudi Arabia, China, and North Korea. It looks like we woke up on 9/12 in a police state. A federal law preempting this sort of abuse of the public is in order.

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