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05-31-2010, 05:23 PM #1
Interfering with an Investigation??
What does it take to be considered interfering with a police investigation? Obviously something like holding vital information is an interference, but how minimal can the action be to be considered an interference?
I ask because last night as I rode onto my street on my way home from the bar, I find a number of cop cars in front of my house, with a civilian car pulled over and and another guy sitting on the ground. Naturally I go inside and get my camera. After a few minutes of walking around taking shots from a distance, an officer shines a flashlight at me, walks up and says I need to go inside.
I walked that way and pretend to go in, waited a few minutes then went back out taking more pictures, again from a distance. A few minutes later, the officer walks up again. "I thought I told you to go inside." My inebriated smart-ass said something along the lines of "is it illegal to take photos now?" (yeah, I know, might not have been the best idea) He replied no, but I could be charged with interfering with a police investigation. At that point everything was clearing up anyway, so I went ahead and got inside.
I wasn't bothering anyone, and the only contact I had with anyone involved was when the officer left the investigation to tell me to go home. Could he have actually charged me with interfering for taking pictures from a distance?"I just looked down to see if I was wearing my seatbelt, and I'm sitting at my desk in my room."
http://www.flickr.com/photos/owencaprell/
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05-31-2010, 06:22 PM #2doughboyshredder Guest
or public intoxication, or...... or..... or.....
good idea to avoid cops.
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05-31-2010, 06:24 PM #3Registered User
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Sounds like you were being an ass and he wanted you to stop pissing him off while he was trying to do his job.
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05-31-2010, 06:27 PM #4
The ones i remember are 'interference with agency function' or 'failure to obey a legal order'. Basically both said if you're getting in the way, in their opinion, and they ask you to leave/move and you don't, you're asking for cuffs. Charge will likely be reduced and/or dropped, but it would kinda be a buzz kill at the time...
Something about the wrinkle in your forehead tells me there's a fit about to get thrown
And I never hear a single word you say when you tell me not to have my fun
It's the same old shit that I ain't gonna take off anyone.
and I never had a shortage of people tryin' to warn me about the dangers I pose to myself.
Patterson Hood of the DBT's
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05-31-2010, 06:44 PM #5Registered User
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It varies. Some states have statutes prohibiting people from recording or photographing on-duty police- these statutes are constitutionally iffy, but have been upheld in some states. In most states there's no special protection for the police, and therefore nothing wrong with shooting pictures of the police.
Police often refer to laws that don't exist. I just watched a recording of a cop in my state threatening to arrest a client of mine for "Failure to follow the direction of a police officer," when no such law exists. Closest I could find in the statutes was failure to follow the direction of a school crossing guard.
In most states, under most circumstances, there's nothing wrong with taking some pictures of the police
Audio recordings are different, but here's an interesting blog on recording cops in MD. http://www.theagitator.com/2010/05/2...ecording-cops/
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05-31-2010, 07:11 PM #6
This is in front of your own house and I would assume much of the time (all of it) you were on your own property? Cop was being an ass and probably worried because you were about to record the beat down he was working up to for the guy in cuffs.
It's not so much the model year, it's the high mileage or meterage to keep the youth of Canada happy
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05-31-2010, 07:16 PM #7glocal
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They can take your picture but you can't take theirs?
Think about it.
The only time they get caught for realz is when someone has filmed them.
As much of a police state as Amerika is becoming, cops should be filmed at all times.
As long as they intimidate people, then people live in fear. That's no way to live.
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05-31-2010, 07:21 PM #8
The question "If you have nothing to hide, then why do you care if you're under surveillance?" should apply to cops too. The idea that you are not allowed to photograph, film, or record cops at any time they are out in public carrying out their duties is both ludicrous and scary.
I'm no lawyer and I can't speak to the OP's situation but it seems to me that as long as you're keeping your distance and not actually physically interfering with what the cops are doing you ought to be able to take all the pics you want. It's *supposed* to be a free country......Some will fall in love with life and drink it from a fountain that is pouring like an avalanche coming down the mountain...
"I enjoy skinny skiing, bullfights on acid..." - Lacy Underalls
The problems we face will not be solved by the minds that created them.
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05-31-2010, 07:48 PM #9
The next time you shoot the police--sorry the "LEOs"--lets use something other than a camera. I kid, I kid.
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05-31-2010, 09:13 PM #10Registered User
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Just tell him he's on private property & unless he has a warrant, you are ordering him to leave. If he protests, place him under citizen's arrest.
"The mind, once expanded to the dimensions of larger ideas, never returns to its original size."
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05-31-2010, 09:27 PM #11The man
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05-31-2010, 10:13 PM #12
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05-31-2010, 10:44 PM #13
Don't invite the man into your life
Originally Posted by blurred
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05-31-2010, 11:53 PM #14
local cop once told me he would ticket me for hitchhiking when most everyone knows it's legal in Cali. I checked with city officials and the police department and was told they defer to the state law.
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06-01-2010, 01:30 AM #15
To be quite honest, I wasn't even thinking about taking pictures to catch them doing anything wrong, though I see how the officer could have taken it that way. I was just out to take photos of an interesting subject.
I was in my yard MOST of the time. The best shot I got though was taken in the street. As I said though, it was from a distance. I was silent and not physically interfering in any way.
That's a pretty interesting article back bowl.
Powdork, it sounds like hitchhiking is randomly enforced (wether a low or not) in lots of states. It'd be nice if everyone stuck to the rule, no matter what it is."I just looked down to see if I was wearing my seatbelt, and I'm sitting at my desk in my room."
http://www.flickr.com/photos/owencaprell/
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06-01-2010, 12:21 PM #16
If I was trying to work and you were hovering in my periphery snapping flash bulbs every few seconds I would consider that interference with my work. If that work happened to be investigating a crime, well then...
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06-01-2010, 12:34 PM #17
Stay on your property or Public Property - aka the sidewalk. If the cops don't want you on the public property ask where they set the perimeter and ask for the Public Information Officer.
You have a right to stand there and take pictures, ESPECIALLY on your property - shit with your permission I have the right to be on your property shooting video for broadcast. If they need space they'll string tape and move you back, but they cannot move you inside. They can ask you to turn the flash off, but there's probably little cause to do so if their Cop Car siren lights are on and flashing.
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06-01-2010, 12:47 PM #18
next time turn on the sprinklers when they are that close.
Denver Dirt Pimp - Feel free to hit me up with any RE questions.
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06-03-2010, 12:59 PM #19
http://gizmodo.com/5553765/are-cameras-the-new-guns
Well worth the read. Is America becoming a police state or am I just now becoming aware of it?Originally Posted by grrrr
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06-03-2010, 01:10 PM #20
why even invite the problem?
next time spend your time looking for a girl to bring home instead of taking pictures of an arrest that has nothing to do with you. maybe she'll even drive you instead of riding your 10 speed.
fight the man brah
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06-03-2010, 01:27 PM #21
If you were drunk you were already breaking enough law to give them enough power to cuff and stuff your ass.
If I even have a single drink I pretend police are ghosts. I avoid them, walk arond them, look past them, through them, but never at them. In this state there is no burden of proof on the officer to prove you are publicly intoxicated other than 'dude looks or was acting drunk'.
If you are going do a photo essay with smokey as the subject do it when you are clean. Duh.
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