Pennsyvlania State Trooper Forces Man To Delete Photos

Man photographed nuclear power plant from public road

A Pennsylvania man was forced to delete his images after he took pictures of a nuclear power plant from a public road.

Chris Best had stopped his SUV on the side of the road to take the pictures of a PPL plant in Salem Township last month. He walked a few feet from his car before a security guard pulled up in a car on the other side of the fence and yelled at him to stop taking photos.

The security guard then ordered him to stay put while he called police.

A Pennsylvania state trooper pulled up to the scene and began questioning Best, his wife, two kids and mother-in-law, writing down their names and dates of births.

The cop allowed him to drive off, but soon pulled him over and ordered him to delete the photos, stating that PPL insisted upon this.

Best did as he was told, deleting about 10 photos on his point-and-shoot camera as the cop stood over him.

The article came out in the Press-Enterprise, a local newspaper that requires readers to register and pay money before they can read the stories online.

But a Photography is Not a Crime reader sent me pictures of the actual front page newspaper article, which will be sure to create a stir among certain PINAC readers who will complain about me committing copyright violations.

A PPL spokesman stated that they never demanded Best delete the photos, they only asked him to do so.

With the help of an armed cop, of course.

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Comments

Jim

When the security guard ordered him to stop while he was on public property he should have simply kept driving. That would have been the end of it.

The first thing he should do now is get a good un-delete program and not take any more pictures before running it on that memory card.

I bet he can get every single picture back.

The security guard certainly had no right to detain the photographer, and the trooper had no right to demand that the photos be deleted.

Are there not devices that enable a photographer to upload images directly from a camera to someplace else, thus foiling the demand of a police officer that the photos be deleted?

Jim

Phred,
The law already foils the police when they ask you to dleete photos.

If you have committed a crime then they are asking you to delete evidence, big no no.
If you have not committed a crime then they have no right to ask you to destroy your personal property.

Would you take out a sledge hammer and begin beating your car because a police officer said to?

If the photos are evidence of a crime, then deleting them without a court order (signed by a judge) is a felony.

If they're evidence of a crime and the police want copies for their own investigation, they are required to get a subpoena. To seize the entire camera requires an actual search & seizure warrant.

Of course not. But clearly in this case the photographer was unaware of his rights and -- possibly fearing arrest if he disobeyed -- followed the order of the trooper, even though the trooper had no authority to make the demand. My point regarding the technological solution is that it makes it impossible for a cop to force a photographer to delete photos, regardless of whether the order to delete them is legal or not.

Ken

Auto-uploading is a great idea for many situations where you fear evidence will be unlawfully deleted by the cops.

I have never used one but Eye-Fi cards should be able to do just that

Eye-Fi has a range to a wifi router of about 90'.

The newest ones can sink to a iPhone/Android phone
or you could used the phone as a whifi router

Jim

Normally I do not do this, but it is sync, as in "synchronize", and WiFi as in "Wireless File Transfer".

And yes the newest one can connect to a new android/iphone app that allows an ad-hoc network to be setup and to tether to a smart phone.

Ken

Normally I do not do this, but it is WiFi as in "Wireless Fidelity". (Although that term was originally meant to be play-on words and the industry is now trying to distance itself from that terminology.) It's a networking protocol, not a file transport protocol.

Jim

Technically we are both wrong, while Wireless Fidelity was used a few times and even in some marketing materials it was never meant as that, it was never meant as anything.

Different schools teach it different ways.

But at least now we have all of the info here for anyone to see.

Ken

It was intended to be a play on words from "HiFi". It was not just random letters meant to signify nothing.

If your school taught that WiFi stood for "Wireless File Transfer" you should ask for a tuition refund. File transfer protocols operate at a higher level than the packet network protocols like the Ethernet-based WiFi standards.

Normally I don't do this but, the iPhone/Android is a wifi router in the sense that it makes a peer to peer IEEE 802.11a/g/n network connection with the Eye-Fi card, transfers the files over that link using some app which then transfers those files over some cellular networking connection to the internet. I guess if you are using some kind of point and shoot camera that's making JPEG files that are small enough this will work OK. But if you're using a professional DSRL, shooting in RAW and making closer to 20mb files this isn't going to do much for you. I also think it's going to depend a lot on your shooting speed. If you're shooting less than 1 frame ever 10 seconds you'll probably be ok, but when you start shooting 3 frames a second you're going to overwhelm the whole thing.

Size matters.

Ken

Anyone and everyone who lives anywhere close needs to go take pictures of this plant.

The best way would be to organize a group of photographers and do it all at once. Imagine the security people going apoplectic over that!

Ken

and then post the pictures online. Streisand the plant...

Might be time for a letter to the Governor.

Last time PA state troopers stepped on a citizen like this they had to cough up $2500 each out of their own pockets.

Time for this to be $250,000 out of pocket. Put this trooper's family out on the street, homeless.

duplicate entry

I'm aware of other, more significant awards in Pennsylvania, specifically Allen E Robinson vs Patrick V Fetterman et al decided in July of 2005. [http://www.scribd.com/doc/34938126/Robinson-vs-Fetterman-2005]

Middle of nowhere PA... still would be a good place for a photographers meetup!

He should definitely try to recover those photos. If he can't recover them, go back and take more pictures from further away, where the idiot guards can't see.
Either way he should them post them all over the internet.

The security company I'm sure would claim that such photography is illegal under federal law, but my reading of it suggests that one has to be *o*n the property for it to apply.

Specifically 42 USC 2278b

[http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00002278---b000-.html]

It shall be an offense, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both—
(1) to make any photograph, ... or graphical representation, ***while present on property subject to the jurisdiction, administration or in the custody of the Commission***, of any installations or equipment designated by the President as requiring protection against the general dissemination of information relative thereto, in the interest of the common defense and security, without first obtaining the permission of the Commission, and promptly submitting the product obtained to the Commission for inspection or such other action as may be deemed necessary; or

[emphasis added by asterisks]

Photos from the public road wouldn't seem to apply under this particular law at all, so the police and security were in the wrong to make any such demands. They have the right to inquire and ask questions, the guy had the right to refuse to answer anything.

Deleting the pictures is a worthless gesture since there are so many freeware undelete programs out there that make recovery simple.

In my photo bag at all times I carry a copy of the important laws of which you should be aware; 32 CFR 705.10 (involving photography of Naval facilities), the photographer's rights card [http://www.krages.com/phoright.htm], 39 CFR 232.1 [postal regulations], and 41 usc § 102-74.420 [federal property regulations regarding photography], and 18 USC section 795 [photography of defense installations].

Yet another example where obeying a policeman has lasting results. The policeman ordered the man to delete his photos. That was clearly an illegal order. There was no legal reason for the man to delete his photos.

However, if the man disobeyed the policeman, he likely would have been beaten and put in a cage, and has his camera taken from him.

But now, since the man did obey the policeman, he can't go "fight it in court" -- the photos are already gone. So what now?

The choice here is wrong -- either obey an unlawful order and lose the photos, or be subject to a beating, jail, or even death. Why are we faced with such a choice in America today?

Unfortunately what I took from it is that people still just assume that the police know the law and make lawful "requests". The man allowed himself to feel intimidated by the "request" of the officer instead of knowing his rights. But, it's easy to be an armchair quarterback.

"But, it's easy to be an armchair quarterback."

This site is proof enough of that for sure.

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