Can I be arrested for this?????

If anyone can provide advice on this issue, I'd appreciate it. I live in a rural suburb of Chicago. As our suburb has grown, so has traffic. Due to a substantial increase in traffic in our area, our homeowners have been to numerous Village Board meetings to voice our concern. I've been trying to document problems on my street because the Village contends we don't have a problem.

Today we had another accident 3 houses away. It's a street that curves with low visibility. I went to take pictures and the police officer told me I had to leave and couldn't take pictures. He told me I'd be arrested for "Obstruction of justice" if I continued to take pictures. As I was walking away, you can see him get out of his car to start to chase me.

This is an intersection that has had numerous accidents. The entire neighborhood feels unsafe walking the street (no sidewalks) due to traffic. Can an officer arrest me for taking pictures? Nothing was roped off and cars (not from the area) continued to pass the area. I've never been told I could not take pictures before and I've never been confronted by an officer What should I do? This has been a problem for years and if they won't let us document it, I don't know what we can do.

Any advice would be appreciated.

Not if you're out of the way. Look here: http://www.krages.com/​ThePhotographersRight.​pdf

Scott

Not only wasn't I in the way, the officer told me to leave and come back. I could not even be in the area. He said I could not take any pictures at all.

Think of the many cases of police injustice that we would never know about if the photographer had stopped shooting -- Rodney King to name the most famous.

He was using intimidation and fear, hoping you wouldn't know your rights. Now if you do stand up for your rights you have to be prepared for the worst -- being arrested (unlawfully) and having to possibly fight the case... of course it would be incredibly stupid for the officer to do something that could be construed as him being the wrong since you were documenting the entire thing with photos.

Next time, move a very safe distance away and keep shooting. Explain why you were shooting -- to document a dangerous traffic corner that impacts your family's safety. You weren't simply shooting for the hell of it or to document his work (even though you have every right to do that as well). Print out that PDF and keep it in your bag.

As long as you're not interfering with anything, you have every right to take photos on a public street. I'm surprised that officer would rather worry about chasing you away that sorting out the accident.

nope...just a classic example of a cop on a power trip. Common for photographers to get harassed being told what you were and/or even someone demanding your equipment or card.

Unless your in their way and/or there is a legitimate safety concern, you have the right to be in any 'public' place and take all the pictures you want. Only way anyone can take your equipment or card is with a court order.

On the other side though, do you want the hassle? you most likely did the right thing by just leaving. Unless the cop was a moron he'd know he can't do anything about having you there...but I personally know of one photographer who told a police office to pound sand after being told what you were told. He was aggressively arrested and the cop said in the report and in court that the photographer was being verbally abusive to the officer and was attempting to loot the scene. None of true, according to the photographer, but it was then his word against the cops. Case was dismissed at the end, but it was a lot of hassle and money for the attorney. If he would have had anyone else around or any witnesses, never would have happened most likely.

...so, go with your gut in these situations. What I would do regardless though is ask the cop for his name or badge number before leaving...and/or just get the number off his car as your leaving...then report him, and write a letter concerning to your local media.

I would pass on the photo of the officer to the police department and explain what happened.

From the way he appears to be struggling to get out of the car I dare say he wasn't going to be chasing you very far.

Kurt

Was he a real cop or a rent a cop for a gated community? if it's a gated community you might not have the right to photograph it may be considered private property.

It says POLICE on his hat... you're lucky, it could've been one of these Chicago cops..

LOL on the Segway. The Mall "cops" at our mall ride around in Segways

The short answer is YES you can be arrested exactly as the officer said, however I doubt that you would be successfully prosecuted. The difference is quite profound but will seem trifling while you are in custody waiting for the legal system to resolve the issue in your favor.
Depending on how much trouble you wish to go to you could contact the police administration (Chief would be best) and explain what had happened and how his officers need a refresher course on civil rights violations.

Skip Souza wrote in post #6044830
The short answer is YES you can be arrested exactly as the officer said, however I doubt that you would be successfully prosecuted. The difference is quite profound but will seem trifling while you are in custody waiting for the legal system to resolve the issue in your favor.
Depending on how much trouble you wish to go to you could contact the police administration (Chief would be best) and explain what had happened and how his officers need a refresher course on civil rights violations.

Just out of curiousity, What Justice would he be obstructing? Honestly, the hassle of being arrested would be well worth it to me, the lawsuit for false arrest and false imprisonment would pay off a lot of bills...

Skip Souza wrote in post #6044830
The short answer is YES you can be arrested exactly as the officer said, however I doubt that you would be successfully prosecuted. The difference is quite profound but will seem trifling while you are in custody waiting for the legal system to resolve the issue in your favor.
Depending on how much trouble you wish to go to you could contact the police administration (Chief would be best) and explain what had happened and how his officers need a refresher course on civil rights violations.

Totally agree. Remember that the police can arrest you and actually hold you for at least 48hrs. --- if they want to be a pain they can hold you a little longer---without charging you with anything. Know your rights first off-----secondly I would not hesitate talking to the chief of police and explaining your side of it. Once they know what you are doing and that you are well educated on the legal system--- http://www.krages.com/​phoright.htm
you should be fine.

EcoRick wrote in post #6044307
As I was walking away, you can see him get out of his car to start to chase me.

I am 52 but looking at him getting out of that car I doubt he would have caught me.......

cory1848 wrote in post #6044875
Just out of curiousity, What Justice would he be obstructing? Honestly, the hassle of being arrested would be well worth it to me, the lawsuit for false arrest and false imprisonment would pay off a lot of bills...

In California, you could be arrested for violation of section 148 of the Penal Code; Interfering with an officer in the performance of his duties. As long as you stay out of his way (remember it is probably a crime scene over which he has absolute authority) you should be OK. If you stand across the street and take pictures you should be OK. If the cop gets a burr up his butt and decides to arrest you DO NOT RESIST, you will still go to jail after a visit to the emergency room.

In the real, practical world the validity of such an arrest will not be successfully disputed on the street corner but in a court of law.

I encourage all stand up for their rights but do it peacefully and effectively, you are more likely to win you point that way.