Switch to English Language Passer en langue française Omschakelen naar Nederlandse Taal Wechseln Sie zu deutschen Sprache Passa alla lingua italiana
Members: 71,914   Posts: 1,584,699   Online: 695
      
Page 14 of 17 FirstFirst ... 4891011121314151617 LastLast
Results 131 to 140 of 168
  1. #131
    lxdude's Avatar
    Join Date
    Apr 2009
    Location
    Redlands, So. Calif.
    Shooter
    Multi Format
    Posts
    6,756
    Quote Originally Posted by David Goldstein View Post
    As I recall from my police days, it was legally classified as an arrest. A police officer is not required, (in the U.S., anyway), to inform people they are talking to in an official capacity that they are under arrest. Police officers can also allow people to go on their way once they are satisfied.

    Keep in mind, I am talking about when an officer is officially conducting police business, such as an investigation.
    Yes, you're right. The word arrest can be applied to detainment, that is, a person can be arrested and detained.
    But there's a distinction between that and the more commonly used and understood meaning of the word, and even more so with the term "under arrest", which was used in the post to which I replied.
    I do use a digital device in my photographic pursuits when necessary.
    When someone rags on me for using film, I use a middle digit, upraised.

  2. #132
    David Goldstein's Avatar
    Join Date
    Jan 2011
    Location
    Little Rock
    Shooter
    35mm
    Posts
    59
    Images
    55
    Quote Originally Posted by lxdude View Post
    Yes, you're right. The word arrest can be applied to detainment, that is, a person can be arrested and detained.
    But there's a distinction between that and the more commonly used and understood meaning of the word, and even more so with the term "under arrest", which was used in the post to which I replied.
    Legally, arrest means exactly what I outlined earlier. Custody is the action a police officer actually performs when he takes a person to the police station and books them, ie, "the officer took the suspect into custody" - which means the officer has now taken responsibility for the person and their possessions and is required to keep an accounting of all such matters to satisfy the court.

    Unfortunately, for the average person, arrest is confused with custody due to too many cop shows. :-)
    --
    David

  3. #133

    Join Date
    May 2009
    Location
    Berlin Wi.
    Shooter
    Multi Format
    Posts
    249

    People are so dumb about photography.

    There are two things that our lawmakers and police don't understand about photography that make their actions dumb. First, to be told you can't photograph a building assumes that the person taking the picture is using a standard lense and is close to the building. With a telephoto lens you can get a picture from so far away that no one would even think you are taking a picture of that building. Second, just because a guy has a camera, that should not be any more suspect than the million people walking past that building with a camera equiped cell phone. If the police wish to confiscate your camera, then ask them to confiscate all the cell phones on this street as those are potential picture takers. If they are worried about terriorists taking pictures, I doubt that the camera of choice would be a medium format mounted on a tripod. To harrass people with a camera makes the police look like idiots. Why then do they insist on doing it?

  4. #134
    David Goldstein's Avatar
    Join Date
    Jan 2011
    Location
    Little Rock
    Shooter
    35mm
    Posts
    59
    Images
    55
    Quote Originally Posted by Steve Smith View Post
    In the UK you can ask an officer if you are being detained. If the answer is no, you can walk away.


    Steve.
    I believe that is true in the U.S. as well - as I said in my other posts, it is when a cop is acting within his legal authority and his holding a person in "arrest" is to aid in an investigation the officer might be pursuing.
    --
    David

  5. #135

    Join Date
    Mar 2004
    Location
    Maryland, USA
    Shooter
    Medium Format
    Posts
    630
    Quote Originally Posted by David Goldstein View Post
    As I recall from my police days, it was legally classified as an arrest. A police officer is not required, (in the U.S., anyway), to inform people they are talking to in an official capacity that they are under arrest. Police officers can also allow people to go on their way once they are satisfied.

    Keep in mind, I am talking about when an officer is officially conducting police business, such as an investigation.
    That may have been the terminology in your police days, but today, "detention" is quite different than "arrest". Detaining someone only requires an officer to have "reasonable suspicion", while arresting someone requires "probable cause". Making an arrest without probable cause can be a quick way to the unemployment line.

    An arrest also gives an officer the authority to conduct a complete search of the individual, as well as the person's vehicle, and it gives the officer the authority to remove the person from the scene. Detention simply allows the officer to keep the individual from leaving, for a short period of time, while they investigate and question the individual.

    Bottom line, if a currently employed officer believes that "arrest" and "detain" are legally classified as the same thing, he/she is in the wrong line of work.

  6. #136
    Steve Smith's Avatar
    Join Date
    May 2006
    Location
    Ryde, Isle of Wight
    Shooter
    Medium Format
    Posts
    8,711
    Images
    122
    Quote Originally Posted by Kevin Kehler View Post
    Copyright is a civil, not criminal, matter so the police should never be involved unless they are alleging a criminal act (such as trespass).
    This is a reply to quite an old post in this thread but I want to point out that in England it is different. Trespass is a civil rather than criminal offence and police cannot remove you from property which you are trespassing on.


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

  7. #137
    lensworker's Avatar
    Join Date
    Jan 2005
    Location
    Midwest, USA
    Shooter
    Multi Format
    Posts
    55
    Quote Originally Posted by Ric Trexell View Post
    If the police wish to confiscate your camera...
    Tell them "not without a court order signed by a judge."

    As I understand it, in the United States police can only confiscate cameras/film/memory cards if -
    (1.) they have a court order
    (2.) they arrest you and your camera/film/memory cards are taken into evidence

    Also -police may (or may not) be able to confiscate your film/memory cards if a crime has been committed and you have photographs that may be used as evidence. To the best of my knowledge, this would require a court order; they can't confiscate your property just because they are "the police."

    Take a look at the following pages for clarification: http://www.krages.com/phoright.htm
    and http://asmp.org/tutorials/frequently...and-libel.html
    "My idea of a good life is that I wake up in the morning, go out and look around and make four rolls of film a day." - Josef Koudelka

    "There is only you and your camera. The limitations in your photography are in yourself, for what we see is what we are." - Ernst Haas

    "Nothing happens when you sit at home. I always make it a point to carry a camera with me at all times…I just shoot at what interests me at that moment." – Elliott Erwitt

  8. #138
    Steve Smith's Avatar
    Join Date
    May 2006
    Location
    Ryde, Isle of Wight
    Shooter
    Medium Format
    Posts
    8,711
    Images
    122
    Quote Originally Posted by lensworker View Post
    As I understand it, in the United States police can only confiscate cameras/film/memory cards if -
    (1.) they have a court order
    (2.) they arrest you and your camera/film/memory cards are taken into evidence
    .....
    can't confiscate your property just because they are "the police."

    Same in the UK.


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

  9. #139

    Join Date
    Sep 2011
    Shooter
    35mm
    Posts
    10
    You sir, are my hero.

  10. #140
    lensworker's Avatar
    Join Date
    Jan 2005
    Location
    Midwest, USA
    Shooter
    Multi Format
    Posts
    55
    By coincidence, I was asked to delete a photo two days ago. I was photographing a woman at the farmer's market dressed in a sarong with a scarf. I got a bit too ambitious (and a bit careless) and she "caught" me.

    She asked if I took her picture. I replied that I had. She wanted me to delete it and I replied "I can't delete it - this is a film camera." She was nice enough about it; she said "we don't like to be photographed" then told (not asked, but told) me not to print the photo, which I did not agree to. That was about it, no big deal.

    Lesson learned: Don't get overly ambitious (or careless) when photographing women in middle eastern garb.

    And use a film camera.

    Yes, I will print the negative - it is my image and it is my right to do so. And if it's an image I like, I will exhibit it at some point.
    "My idea of a good life is that I wake up in the morning, go out and look around and make four rolls of film a day." - Josef Koudelka

    "There is only you and your camera. The limitations in your photography are in yourself, for what we see is what we are." - Ernst Haas

    "Nothing happens when you sit at home. I always make it a point to carry a camera with me at all times…I just shoot at what interests me at that moment." – Elliott Erwitt



 

APUG PARTNERS EQUALLY FUNDING OUR COMMUNITY:



Contact Us  |  Support Us!  |  Advertise  |  Site Terms  |  Archive  —   Search  |  Mobile Device Access  |  RSS  |  Facebook  |  Linkedin