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Do police have the right to confiscate your camera?
by Carlos Miller
Thursday Jan 22nd, 2009 1:07 AM
Seconds after BART police officer Johannes Mehserle shot and killed Oscar Grant, police immediately began confiscating cell phones containing videos that have yet to see the light of day. In fact, the only videos that have been seen by the public were filmed by people who managed to leave the scene before police confronted them.

Seconds after BART police officer Johannes Mehserle shot and killed Oscar Grant, police immediately began confiscating cell phones containing videos that have yet to see the light of day.

In fact, the only videos that have been seen by the public were filmed by people who managed to leave the scene before police confronted them.

In one instance, police chased after Karina Vargas after she stepped on the train, banging on the window and demanding her to turn over the camera. The train sped away with Vargas still holding her camera.

Her video, which did not show the actual shooting but captured the turmoil before and after, was one of the first to pop up on the internet. And soon after more videos popped up showing the actual shooting.

In the most vivid video, the train doors can be seen closing seconds after the shooting as the train speeds away.

The truth is, police had no legal right to confiscate a single camera.

“Cops may be entitled to ask for people’s names and addresses and may even go as far as subpoenaing the video tape, but as far as confiscating the camera on the spot, no,” said Marc Randazza, A First Amendment attorney based out of Florida and a Photography is Not a Crime reader.

Bert P. Krages II, the Oregon attorney who drafted the widely distributed The Photographer’s Rights guide, responded to my inquiry with the following e-mail message:

“In general, police cannot confiscate cameras or media without some sort of court order. One exception is when a camera is actually being used in the commission of crime (e.g., child pornography, counterfeiting, upskirting).”

It didn’t appear that the BART shooting videos were being used in a commission of a crime, so what could people have done to prevent police from illegally confiscating their cameras?

“Probably not a whole lot,” said Randazza. “You don’t want to get into a situation where you are refusing to comply with law enforcement, especially when that law enforcement officer just shot and killed somebody. No camera is worth losing your life over.”

But what can you do if you’re as stubborn as me and have a tendency to refuse unlawful orders?

“Make sure you have an attorney that specializes in First Amendment law,” he said. “Make sure you have his cell phone and home number. Sometimes calling an attorney on the spot can be helpful.”

Needless to say, I now have Randazza’s cell phone number programed into my cell phone.

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TITLE AUTHOR DATE
nothing more than rumorJackFriday Feb 6th, 2009 12:19 PM
master and commanderslapperWednesday Jan 28th, 2009 8:25 AM
Beat those cops ass good. Enough of their lame pitiful sorry asses.troy pattersonWednesday Jan 28th, 2009 1:32 AM
PresidentLaFuentes MonacoWednesday Jan 28th, 2009 1:20 AM
Don't the people have a right to document police actions?Anonymous CowardTuesday Jan 27th, 2009 11:25 PM
Rights?EdMonday Jan 26th, 2009 12:32 PM
Can you say Coverup? I knew you could.Criminals On Patrol COPS and Death SquadsSunday Jan 25th, 2009 3:02 AM
The USA is becoming a police stateJoeSaturday Jan 24th, 2009 9:35 AM
I'm from Europe and I don't give a .... so I argue with the cops here and ....Holocaust GazaFriday Jan 23rd, 2009 10:26 PM
Do police have the right to confiscate your camera?J Wilson in TxFriday Jan 23rd, 2009 8:49 PM