Nope, not quite. You are now changing your line from your original. This was not a discussion of about interfering with a police officer. It was a discussion regarding taking photographs of a police officer. You can be arrested for that, there are examples available. As I wrote earlier, getting convicted is a bit more difficult. One needs to separate the act of being arrested from being convicted in a court of law.
One local law enforcement agency is very leery of people with cameras, and for good, in their opinion, cause.
Ref. article.
https://www.thedailybeast.com/james-peters-the-scottsdale-cop-involved-in-six-justifiable-homicidesThe situation with this, but not mentioned in the article, was a neighbor videotaped the entire incident. It was this videotape that ended Peter's career with SPD. Since then, however, SPD had an apparent wariness of and vengeance against anyone photographing their officers doing anything. I've had several confrontations while doing just that, in most cases from a distance of 50 feet or more. In one particular confrontation, the officer already had his handcuffs at the ready.
The good thing about that situation was that, although SPD was the first to respond to the incident, it was not within their jurisdiction. It was within the Tempe city limits. While in the process of this 'no photos' discussion, a Tempe PD officer showed up. Thankfully, it was one of the many with whom I am acquainted. He called out and asked if I was getting any good photographs. I yelled back that I'll send him some the next day.
When I turned around to address the SPD officer, he had vanished. To this day, I have no idea where he went. Perhaps beamed up to the mothership.
Another incident involved 10 officers, with weapons drawn, confronting 3 subjects. Now, this, I thought was a Kodak moment. I'm approximately 100 ft from the action. After I was noticed, one of the arresting officers yelled at me stating, "You're in a very dangerous position". Note that at this moment he is not paying attention to the subject he just handcuffed.
I tended towards the recently enacted Fla. law regarding standing one's ground and continued to photograph. As you can observe in the last photo, people are standing around far closer than I was. Shortly after this last photo was taken, two officers started walking in my direction. I beat feet across the street, J-walking in the process, and had the good fortune of a city bus passing by. There was a bus stop right across the street. So, I hopped on, paid my fare and headed south. As I mentioned, SPD is leery of people with cameras. After giving some thought to it. I guess I was in a dangerous position, I was behind a camera and the other folks weren't.
So, yes, one can be arrested for "taking photographs". The trick is getting a conviction. They have ways of dealing with that obstacle.
I agree that one can't be ordered to delete a photograph and the need for a warrant to view images. Unfortunately, a few of my cameras do not have a delete function.
--Bob
Apaflo wrote:
You have the shallow view! As I have repeatedly said we cannot interfere with a police officer. But taking pictures itself is NOT interfering.
If an officer says you are intefering and must back off then that is exactly what you must do: back off. The officer cannot legally tell you to stop photographing and cannot seize your camera except as evidence.
You ABSOLUTELY cannot be ordered to delete any photographs. And absent a warrant an officer cannot demand to view your images.
You have the shallow view! As I have repeatedly s... (
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