Memphis Police Delete Photos From Journalist's Cell Phone Camera

toneyarmstrong.jpg

The problem with the mainstream media is that too many reporters don’t know the actual law when it comes to police confiscating cameras or deleting photos.

And they think the only way to find out the law is to ask police.

Take the recent case of Memphis police confiscating a cell phone from an ABC news photographer and deleting his photos after he snapped photos of them issuing a parking ticket to a local business owner.

The writer of the story insinuates that this is common practice and warns readers that this could happen to them, which is actually true as unlawful as it may be.

The writer also contacted an attorney who said that police are not allowed to delete your photos.

But the writer still didn’t appear convinced.

Maybe I’m reading too much into this but I wish she would have been a little more authoritative with this story rather than take a passive approach, which doesn’t do much to educate citizens and police on the actual law.

It’s not an opinion. Police cannot delete your photos.  So she shouldn’t treat it as if it were an opinion.

Fortunately, the National Press Photographers Association is not treating it as an opinion and fired off a letter to Memphis Police Director Toney Armstrong, informing him that the incident was a “blatant abridgement of (the photographer’s)  First and Fourth Amendment rights.”

The ABC reporter, meanwhile, is still waiting for Armstrong to confirm whether it is legal for police to delete footage.

ABC 24 News is still waiting to see if MPD Director Toney Armstrong will comment on whether or not it's legal for officers to delete photos.

We already know it's not legal. What we need to do is ask Armstrong how he plans to deal with the officer who broke the law.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com

Comments

It's amazing what passes for good reporting these days.

It's not even legal for them to look at your photos without a court order unless you give them permission.

Those who can, do.

Those who can't, teach.

Those who can't teach become journalists.

I'm certainly no lawyer, but I would think that, at the least, deleting photos is destruction of property. It's also a First Amendment violation and, if the photos contain evidence of a crime, destruction of evidence.

Just to clarify... Recording in public is a First Amendment right only if the recording is or may be shared with the public.

Of course, if you admit to recording only for personal use, police still need some statutory authority to confiscate or delete your recordings.

Lesson: If police ask you why you are recording, either don't answer, or tell them you intend to publish.

Huh? Since when must a recording be intended for sharing with the public to make it legal? Please show me the part of the First Amendment that makes that statement true, or any court ruling for that matter. I'd absolutely love to see it.

The news service will not likely follow-up or push the matter. They will be afraid of retaliation from the cops in the form of future additional hassles (e.g. getting quotes, access to sites for stories, etc). With news services cutting staff and services, no doubt legal backing is declining, which means in the future bloggers and newspapers will be under total threat of defamation lawsuits that they cannot afford battle out. Only a few large conglomerates will be able to withstand such storms, but they are being bought out anyway, so everyone loses.

"What we need to do is ask Armstrong how he plans to deal with the officer who broke the law."

He'll deal with it the same way cops always do - sweep it under the rug.

Did the Officer break the law? The officer is probably trained to phrase his words in the form of questions confusing people into believing they are lawful orders.When they are actually questions asking for consent. May I take your phone? Yes, Consent given. People need to at least know how to make it clear that they do not consent to searches of any kind. They will break the law anyway, but if the officer has on a recording device. Accountability later would be so much easier.

Oh and the mainstream media is a bunch of Authority Felating douchbags.

Never, ever, ever consent to a search. You have nothing to gain and everything to lose. A cop who has probable cause to search you, your belongings, or your vehicle does not need your permission and won't ask for it. The only time the cop will seek your permission is when he/she does not have probable cause. If they ask, politely refuse. Many people consent to a search because they believe they must do so or because they believe that the cop will turn the refusal into probable cause (he refused my request so he must have had something to hide). You have every legal right to reject a search request and doing so does NOT automatically constitute probable cause. Refuse all search requests!

Amen... Preach it...

Or even more strongly: "You have every legal right to reject a search request and POLITELY doing so does NOT EVER CONTRIBUTE TO probable cause."

The "polite" point is crucial. In one case, a woman abruptly terminated a conversation with police officers and ran into her house, and that WAS considered contributory to exigent circumstances allowing legal entry into the home.

A lot of people believe the police have absolute authority, which as the saying goes, corrupts absolutely.

I think it stems from the grade school indoctrination that 'the policeman is your friend.'

And that is one of the biggest lies ever foisted on children.

I hope Armstrong comments on whether or not it's legal for officers to delete photos.It would either force him to admit that the officers are in the wrong or it shows that he and his department are clueless of the laws.

People need to start cracking down on the police and their illegal behavior. It's not the place of the police or governments to crack down on the people, it's the place of the people to crack down on the governments/police. That was the whole point of creating a constitution, as to crack down on the government.

Uhh... you might be a little late on this exhortation.
Like, a decade or two.

I have a feeling that Armstrong will not comment.

On a different track, when did LL Cool J become a Police Director? http://tinyurl.com/7ta3gjo

"Police cannot delete your photos."

How about a more realistic perspective--police
can do whatever they want, including
beat, frisk, tase, or shoot you.
It is incumbent upon citizens to fight back vigorously
if police violate the law in committing any of these
acts, because, except in rare cases, nothing will come of it if they leave it to the gov't to police itself.

JdL

I carry a compact camera with video capability AND a back-up digital recorder. If the cop illegally confiscates the first, he may miss the second.

These thugs have got to be defanged if we want any sort of future as free individuals.

Oh goody I'm heading home to Memphis in 2 weeks. Qik might just come in handy.

In what world would it be acceptable for the police to destroy personal property without cause? Even if in some alternate universe taking photographs in public is illegal, the photos would be evidence of illegal activity themselves; not subject to destruction.

It's illegal and wrong no matter how you look at it.

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