LAPD Threaten To Arrest Photog, Claiming Right To Privacy In Public

Scott Nathan, an award-winning commercial photographer from Los Angeles who mostly focuses on fashion and celebrities, received a first-hand taste on what happens when you photograph cops.
The above cop threatened to arrest him after he snapped this photo with his cell phone.
This is how he explained it in an email to Photography is Not a Crime:
I went to pick up a friend to go for a hike. When we pulled up, she told me to check out the building next door which had been torched by the L.A. arsonist. I started taking photos of the aftermath. The burned out cars, the building and finally, the backs of the investigators who had these black "Arson" shirts that I thought looked pretty cool.
As soon as they became aware of me, they began shouting, telling me they would arrest me & take my camera if I took any more photos. I stopped shooting & reminded them of my constitutional rights. One of the cops then charged over & stood toe to toe with me, informing me of his individual right to privacy... in public... while performing his duties... as a public servant. I didn't feel like losing my phone & I walked back to my car. After that, one of them chased me out to the street & asked what I was doing there. I told him I was picking up a friend. He asked where I live. I said "Los Angeles", then again started up with his right to privacy. I politely stood my ground until he walked away calling me a fucking jerk.
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Comments
Great photo. Scott has a great eye.
I find it strange that so many Police think that they have a "right to privacy" in a public space. Maybe a knee-jerk reaction before their brain engages.
It's not clear to me that cops are expected to engage their brains, if this article's any indication.
http://blogs.discovermagazine.com/gnxp/2012/01/too-smart-to-be-a-good-cop/
If the police view us a "fucking jerks" and say it out loud. File a formal complaint with their boss. That attitude is not to serve and protect. It is us against them.
I really get tired reading about these abusive cop episodes. Anyone involved in cop, TSA or location photography likely to light up irrational behavior better be ready to solve the problem.
Very simple solution: take notes; get a name; badge number; vehicle plate # and file an unprofessional conduct complaint with the agency. Shine a very bright light on the behavior.
Or have a lawyer make the complaint. At least get the exec officer of the agency to admit to abuse of authority! Piece of cake in Calif.
Most of us are professionals, so let's extinguish the abuse so civilans can be safe. Nathan stopped shooting: the cops won.
here is something to shut up all the police officers and all the people who consider street photography a crime:
http://www.krages.com/ThePhotographersRight.pdf
a couple of copy of this pdf in your photo bag should help you a lot.
heve a nice shooting everybody !!!
fabio -
I am singularly UNimpressed by Bert Krages proclamations, whether that page or his book, "Legal Handbook for Photographers: The Rights and Liabilities of Making Images".
Unlike ALL other legal handbooks I own, Krages cites NOT A SINGLE case. For a field as controversial as photography, that is inexcusable.
It is exceedingly easy to MISread cases, such as by relying on the syllabus, or confusing dicta with holdings, or assuming English definitions rather than legal definitions. It happens so much, even by lawyers (as you can see by reading appellate cases), that the only reliable way to understand the law at the edges between black and white is to read the cases yourself. When an author refuses to cite his sources, he guts the reliability of his work.
Sure, he throws in disclaimers, such as "general knowledge of common law principles should suffice to keep most photographers out of trouble, provided they refrain from photographying subjects under questionable circumstances or seek advice from counsel beforehand."
But it is PRECISELY questionable circumstances, such as when photographing an antagonistic subject, that clear, definitive advice is needed. His book is not much more helpful or authoritative than his Photographer's Rights sheet.
"The Law (in plain English) for Photographers" by Leondard Duboff is much more authoritative.
If I were as ugly as that guy, I'd want privacy, too.
That guy literally looks like a pig.
Woo wee 2012 sure is off to a shaky start! Hold on to your cameras tightly folks!
A man running up to your face, to stand toe-to-toe with you seems awfully agressive. He was probably hoping you naturally take a defensive posture like pushing him back or raising your arms up so he can bring the pain.
Keep it up idiot cops. Every day we have more stories; more people watching there lunacy.
Doing exactly that to a cop would probably be considered assault on a police officer, and anything that officer did to you would be highly likely to be ruled a justified act.
Police have qualified immunity, but they don't have a license to commit crimes without penalty. For example, in Washington state, simple assault is just a misdemeanor, but it breaches the peace. Therefore a resident of WA could place a cop under citizen's arrest for doing so. Note that it's illegal to forcible disarm a uniformed officer except in direct, lawful, justified self-defense or with a court order (which could be as simple as a judge yelling "get him!"). So until the officer resists arrest, he gets to keep his sidearm (absurd, but true). But nothing in the law shields a uniformed officer from being arrested.
So if a cop does that to you in a place that allows a citizen's arrest for such an offense (assault, etc), arrest him. Just imagine the look on his face...
LA County Sheriffs Tell Photographers Not to Photograph Them:
http://www.youtube.com/watch?v=B5eW_W5jjsw&feature=player_embedded
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