Can the police make you delete your pictures?

[Imeddy]

I read somewhere that if you're in a public place taking pictures that the police can not take your card from you or make you delete photos off your card without a warrant.

But, what if you're not in a public place, are they then allowed to make you delete your images?

I've never had a problem like this but just wanted to hear what other people have to say about the authorities forcing you to delete your images.

[deadpass]

You're right. The police can't force you without a court order, legally. However many cops don't really follow that whole constitution thing so they may force you to do whatever they want, legal or not, by the threat of taking your to jail on trumped up charges.

As for non public places, you need to specify a bit more, but they still are going to need a court order, however getting arrested for trespassing becomes far more likely, so a search incident to arrest is very likely and it's hard telling what they will do to your camera.

[Woolburr]

Like anything....you have to pick your battles. Sometimes it is just easier to delete the images and then recover them when you get home.

[Imeddy]

didn't really think about the getting arrested for trespassing.

I didn't think about recovering the deleted images from the card.

You guys are so smart.

[Bill Roberts]

Laws are different depending on your location. They have no right to delete photos from a memory card in the UK. In fact I suspect that it would be classed as deleting evidence. But just because they're cops doesn't meant they have any understanding of the law. They should have of course...

[Tallking]

Originally Posted by Woolburr

Like anything....you have to pick your battles. Sometimes it is just easier to delete the images and then recover them when you get home.

Better still, think ahead and prepare, if you know you're headed somewhere that's potentially sensitive. Create a "dummy" folder that will never contain images. Then, if confronted, pretend to delete your pics, and then display the "contents" of the empty folder.

As for the original question, no, the government can not tell you to delete your pictures (unless perhaps you're in an area having been admitted on your promise to submit to such demands). Pictures are property, plain and simple. The gov't can't deprive you of property without due process (though some LEOs seem to equate their whims with due process...).

As noted by another poster, reality may override the law here. In Florida, we have a law which penalizes "resisting an officer with (felony) or without (misdemeanor) violence". Note how, like many other jurisdictions, FL has gone the way of opening this law up wide (it used to be "resisting arrest...). Anyway, those of use who do criminal defense practice affectionately call this "contempt of cop." Be wary, because if you push the wrong cop the wrong way, it'll be your word vs his about what really happened.

Finally, THIS QUESTION ESSENTIALLY SEEKS LEGAL ADVICE -- ANYONE WHO EVEN SUSPECTS THEY HAVE A REAL PROBLEM SHOULD PROMPTLY SEEK LEGAL ADVICE IN THEIR JURISDICTION.

[birdfromboat]

quick answer, yes they can and do. More important question, will you let them? Frankly, it is going to be a long afternoon of paperwork for nothing if you are arrested and the charge is anything less than criminal trespass. Unless you get a rookie that hasn't learned to exercise discretion, or an old timer that would rather do paperwork than be out and about, most cops will not want to push it that far.
best advice: don't trespass.

[Pheonix1]

if it's a mall which is private property, they can require you to dete photos you take.
You must usually obtain permission to photo on private property.
The owners of the property have the right to make you delete the photos you take on their property.
The owners can have you arrested for trespassing at a whim, and then police will force you to delete the photos, or do it for you.

You can alwasy try to recover them later, but dont take any new phtos until you do the recovery.

[TMCCaptured]

Just ask the (removed sanctioning body) photog that was at a Fl. BMX track when he was approached by someone wanting a photograph (of their sibling I believe.) When they were kindly told no he was working, (he/she) called your "Cops". No matter what he told them they arrested him for trespass and “lost” his cards in the process. They did follow up on charges and did hold him over Night.
The case is going thru the courts now, so I don’t know what is happening (left Fl. headed North) as a couple of us had to help cover his shoot when he was gone it was a real pain in the a$$, but shooters are shooters and we all help each other out, after all that is why I love my job. To my knowledge I don’t think the memory cards were ever found...or his pixel pocket rocket.
I really couldn’t believe how "****ty" the American Police were that afternoon. There was nothing but aggression on their behalf. I thought TV was over the top but these guys were real A$$ wholes...Being a Kiwi and told to stop photographing after 27 hours in transit before being taken to the hotel they were told exactly where to put their badge, however that got me in serious hot water.
In NZL our boys in Blue, are very open. Sure they will do what it takes to do their job, but they understand that shooting as an accredited photog at an Event with Official bibs on you get left alone unless you do something doggy.
I do like the States, I am enjoying most of the people here, but honestly the hassle with customs this trip with the camera gear, and seeing this makes me wonder if I will return for the World Champs in 2012.

Ok that is my rant....I understand not ALL Americans are Twits, I have been in and out of the USA racing professionally for 21 years and this is the first time I have seen trouble for no reason. So before you decide to Flame Me...Remember....I have had 21 years of fantastic friends, memories, and racing. A stupid few have put a dampener on my perspective (temporarily).


Edit: I didn’t mention that the track management had no idea it was "said photographer" being taken away. It is VERY IMPORTANT to note that the track concerned covered ALL Costs the photographer incurred during his incarceration. They also replaced ALL items lost in "processing" and have since apologized for the treatment of our college. I have nothing but the FULL RESPECT for the track concerned, their prompt action when told of the situation, and their total dedication to helping out all concerned.
I believe the track manager was in the Police Station most of the night until the release early in the morning. I also know that the Track Community (members) have ensured no cost for future hearings will be paid by the Photographer. The sanctioning body have also stepped in and ensured this WILL NOT happen again.
These people, the Amercians who stepped in to sort this mess out in my view the essence of what Americana is about…

[sam walker]

Consider where you are. After 9-11 I had birding/photo friends stopped in Niagara Falls. Big spotting scopes and telephotolenses brought the boarder patrol US and Ontario plus the FBI. A hassel nobody needed on a nice Fall day watching birds. It ended with all going away photos and all. The requirements of birding pushes us next to many power plants. I myself end up within camera range of a nuclear station in W Ohio. I keep the thought that Homeland Security is or should be nearby. No encountersyet for me I stay focused on my subject and try not to look like the plant is in my focus. Those cooling towers in the background have ruined several nice shots.My own opinion of erasing images or handing over cards personally is never. Funny about my property. See them in court.Look for my next postings from Levenworth Kansas or from the photo studio I built with my settlement money.
Sam

[HappySnapper90]

A very good question. Most likely: no. As other said a court order or search warrant would be needed for them to inspect personal property. Ohio is trying to get a bill passed to outlaw texting while driving. The stupid thing is the police do not have the right to see what is on your phone nor the right to take possession of your electronic device to see what you are or were doing! They can look in your car window and that's it unless you're visibly under the influence of something. Though I'm sure there are people that will show or hand over their phone.

[TMCCaptured]

happy snapper....back home (NZL) that Law has been passed already. No texting while driving, no talking on the phone while driving. The only exception to this rule is if you have a hands free kit that you do not have to touch to operate.

Just pulling figures out my >>> here but they (NZ Police) caught a fair few people the first few weeks. The Police also have the right to request your phone to check to see if you were using it, in case they were not sure.

Even then the Police use the manners and nearly always still give you a smile. Most people in New Zealand have learnt very fast not to use the cell phone whilst driving...a $75.00 instant fine and a few demerit points tends to teach us kiwis very fast

[Roy Mathers]

^^^Sorry, but what has that to do with the OP's question?

To the OP - As far as the UK goes (which may be of minimal interest to you) these are Scotland Yard's official words on the subject "The Terrorism Act 2000 does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place.
Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S44 of the Terrorism Act 2000, provided that the viewing is to determine whether the images contained in the camera or mobile telephone are of a kind, which could be used in connection with terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects is intended to be used in connection with terrorism.
Officers do not have the power to delete digital images or destroy film at any point during a search.

[motion_projekt]

http://www.google.com/url?sa=t&sourc...fv-pQIFOqsi8Xw

check this out...

[Chairman7w]

A couple of thoughts:

1 - I've seen a lot of rants about jerk cops. There's jerk cops just like there's jerk cashiers, jerk congressmen, and jerk race car drivers. There's jerks in all levels of society. From many of the descriptions of incidents, seems like the photogs can be jerks, too.

2 - THIS PORTION EDITED OUT AFTER READING TMCCAPTURED FOLLOW UP EDIT.

3 - How come nobody ever posts rants getting mad at the wack terrorist nutjobs who brought all this to be? If there weren't the threat of random psycho bombers trying to kill civilians in the name of "religion" than the cops wouldn't be on edge to the extreme they are. Put the blame where it belongs.

4 - Finally, I've shot in many places with an extreme military or police presence. and it was easy. I walked up to the cops and just said, "Hi, I'm Bob Jones, and I'm a photographer (gave him my card), would it be okay if I got some shots of XYZ? It's a very cool structure and wanted to capture it." Most all the time, they've said "Sure, no problem." THIS PORTION EDITED OUT AFTER READING TMCCAPTURED FOLLOW UP EDIT.

I've also been told no, and I've thanked them and moved on. It's a two way street, we (photogs) can be cool, too.