John Del Santo from San Diego has done some research into this topic, including phone calls to California and federal authorities.
DISCLAIMER and FIRST AMENDMENT NOTICE: This is a political communication exercising our Freedom of Speech as guaranteed by the U.S. Constitution. This missive may be the opinion of the writer, and the sender does not guarantee the accuracy of any forwarded material.
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Recently there were conversations bouncing backing forth regarding “Are you allowed to take photos or videos of a policeman” ? Here is what I have been able to find so far.
San Diego Police Dept. No one could remember having seen anything in print prohibiting this.
California Vehicle Code I could not find anything in the CVC prohibiting this.
California Penal Code I was unable to find anything prohibiting taking photos of a Law Enforcement Officer (L.E.O).
California Highway Patrol, Sacramento The officer that I spoke to said that as far as he knows, an officer on the street has "no reasonable expectation of privacy" regarding having their photo taken. He suggested that I might check with Homeland Security.
Homeland Security, Washington DC Policy Dept , said that they could not find any rule in their book that prohibits taking photos or videos of police, but gave me another number for the U.S. Secret Service.
U.S. Secret Service, San Diego A very knowledgeable sounding Agent said that there is no law ( with some minor variations ) that would prohibit me from taking photos or videos of a L.E.O. He said that any variations would be something like taking the photos of an officer who is working undercover , taking a photo of an officer and then posting it on the internet with crosshairs on the cops forehead, taking a photo of a cop as he is entering his home, showing the home address, Taking his or her photo for the photographers sexual gratification, using the photograph for reasons that would harm the officer or their family, etc.
United Kingdom In the U.K. there are several laws prohibiting taking photos of police officers (or making fun of their hats.)
Philadelphia, PA A man was standing in his front yard, saw some action on the street involving police action, took out his cell phone, and took a photo A policeman entered his yard, took away the camera, told the man that there was a “new law” against using a cel-phone to take a L.E.O.’s picture, handcuffed the man and took him to the police station. The American Civil Liberties Union defended the man on the grounds that there is no such law prohibiting the man’s action because the man took pictures “of activities that are clearly visible on the street” The man was released without charge.
jan says, "Thanks for making all those phone calls John. I hope you had the recorder going!"
