Cops confiscate photog's camera under Homeland Security pretense


One reason why cops are able to abuse the laws regarding photographers’ rights is because so many people with cameras have no clue about their rights.

That is, until it is too late.

Take the case of Gabriel Argenta, an Indiana photographer who had his camera confiscated from him Monday under the pretense of Homeland Security.

Argenta is a railfan who walked onto the Cline Avenue Bridge in East Chicago, a public street that has since been closed to traffic because it was too expensive to repair.

This is how he explains it in an email to Photography is Not a Crime:

I walked up an exit ramp in East Chicago to shoot some photos of trains passing under (I’m a railfan).  I understand the cops coming up and telling me I was trespassing (although no where does it say
“don’t walk up here” actually there were zero barricades of any sort where I entered from.

But since the steel mills are in the background of many of the photos, the took my camera in on the basis of “homeland security” “nine eleven” and other war on terror BS.  I understand I should be happy they let me go on the trespassing charges, but are steel mills or even the BP refinery in nearby Whiting, Indiana enough reason for the EC police to confiscate a camera without a search warrant?

While they may have had probable cause to confront him about walking onto the bridge, the East Chicago police officers were clearly out of line in confiscating his camera.

The problem is, he was not aware of his rights until after the incident when he did some research and came across PINAC.

Perhaps he should have invested in the Photographers’ Rights Gray Card Set.

Now Argenta is wondering what he can do to get his camera and hopefully his images back.

Well he can do one of two things. Demand it back with or without a lawyer.

The second choice might have more impact, especially if he demands some type of remedy along with his camera.

Comments

Anonymous
Anonymous

How come the police don’t know the “law”? Aren’t the police supposed to enforce the “law” which includes the Amendments to US constitution? So the police are breaking the “law”?

Anonymous
Anonymous

Handing over the camera was probably the prudent thing to do. When you’re alone with no one else to corroborate your story, things can get very bad very quickly for you. Yah, demand the camera back, no need to get a lawyer unless they refuse to give it back.

Anonymous
Anonymous

Hahah, Hazy, this is East Chicago we’re talking about. I doubt he’s getting his camera back with a lawyer.

As near as I can tell, this was a shake down: give us your camera or we arrest you for trespassing (a charge that be unlikely to hold up in court given he was on a public roadway, although it has been closed to vehicle traffic). There’s a fairly decent chance there isn’t even a record of his camera being seized.

I think his best bet is to file a law suit and get it back in settlement money, but unless he has some way to collaborate his story, he may be out of luck (and a camera).
akagoldfish recently posted..Labor Day- an op-ed

Anonymous
Anonymous

Here is the problem. Police can ask for anything they want. They can ask for you to take off your pants and dance like chicken. YOU have to know your rights and deny their request. The hazy part is deciding when police are asking you to do something and when are they giving you a lawful order. Ignoring a policeman’s request is legal. Ignoring a lawful order is illegal.

Anonymous
Anonymous

“There’s a fairly decent chance there isn’t even a record of his camera being seized.”

That is highly likely, especially if the camera was expensive. I’d say there is a very good chance that the police just kept it. The same thing happened in the aftermath of Katrina when the New Orleans police illegally seized hundreds of guns. Many of them were never recorded as seizures and when the residents won their lawsuit to get them back, a lot of the guns went missing because the cops stole them.

Anonymous
Anonymous

When will this terrorism stop against the photographer by these idiot cops ? this should be reported to the news stations nation wide so people can see what kind of jerks are harassing people, this has got to stop.

Anonymous
Anonymous

Just an FYI, East Chicago is in Indiana, not Illinois, so it’s legal to video tape police there, something I’m sure this railfan wishes he’d done.
akagoldfish recently posted..Labor Day- an op-ed

Anonymous
Anonymous

The cops must have liked his camera and wanted one like that so they stole it from him.
duane kerzic recently posted..2010-08-31 Bike Shipping Day

Anonymous
Anonymous

Bob, and where do your rights fit in when you object to an illegal request/demand, and the LEO rests his hand on his gun and starts making noises about taking you downtown?

carlos miller needs to keep his dumbass at home in front of the tv news where he might learn something, instead of ranting about the police who protect him.
Arrested twice, he should know what he _shouldn't do with law enforcement.
he's young and dumb and apparently full of stupid energy.
You need to have your testosterone levels and your iq checked, carlos.

Anonymous
Anonymous

Guy, that’s where your right to due process in the form of access to the courts and tort law comes into play. Which is why it’s so important to be able to video tape police as evidence, and why they hate it so much.

Anonymous
Anonymous

goldfish, true, and I do agree with Bob. Of course, as shown by another article Carlos posted, the so-called due process received in the criminal justice system isn’t always going to respect your rights, either.

http://carlosmiller.com/2010/08/30/n-c-judge-who-convicted-woman-for-vid...

Anonymous
Anonymous

Guy, so that’s when you have an eye-fi card and a cellphone set up as a WiFi hotspot streaming your video to a personal website preferably hosted outisde the country. Then when the terrorists break your camera, you sue them and buy a nice new camera.

Anonymous
Anonymous

I have an Evo, and it uses Qik video streaming.
I did a test, I can stream the video and then pull the battery while it is streaming.
The video on the phone is corrupted, but the video on qik.com is saved and processed and is perfectly fine.

So if a cop wants to harrass me the camera comes out. It begins streaming.
If they break it or otherwise destroy my camera it is recorded on a secure server that they have no access to.
Most importantly, I can “shut the phone off” and it keeps recording.
I love android and the multitude of programs available for it.
James recently posted..Brittanty Boudoir

Anonymous
Anonymous

I, for one, appreciate living in a country where the most likely people to steal your camera are the same ones that are paid by our tax dollars to protect our property (the thieves are the guards).

Anonymous
Anonymous

I would suggest to all hobbyists who want to photograph ANY transit systems should invest in a video camera pen, keep in in your shirt or jacket breast pocket which will record while you’re involved photographing transit systems, this is one way to protect yourselves.

Anonymous
Anonymous

At this point I would like to say the secretary of the detective at ECPD has been cooperative and promised to call me tomorrow morning in regards to sorting this out. Only time will tell.

Thanks for the support…

Anonymous
Anonymous

Gabriel, your tomorrow is now yesterday. Did you get that call ?

Anonymous
Anonymous

My father went at picked it up today and it sounds like the last image I took was still on the play back, along with another 980 or so images. Again, I haven’t seen it first hand yet but it seems all is well. I find it hard to believe they even had time to look over it, what do you guys think?

Anonymous
Anonymous

My grandfather was a railfan and recorded years of the Grand Trunk RR, after his death we came across boxes of thousands of slides showing the evolution of the freight transportation system.

Due to the war on photorrorists future generations will not be able to do the same. Only terrorists like trains!

What _exactly is a 'photorrorist' ?
You people believe the police who
protect the public from drug dealers
and murderers and drunk drivers are
'out to get you'.
If you haven't done anything wrong, the
police are your friends.
Only people who have something to hide
don't support the police.
Give me a break, you dipshit morons.

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