Archived posting to the Leica Users Group, 1999/04/10

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Subject: Re: [Leica] Cops run amok
From: "Bryan Caldwell" <bcaldwell@softcom.net>
Date: Sat, 10 Apr 1999 06:51:49 -0700

Don't get the idea that I support what the cops apparently did in this Ohio
situation. I do know that their statement or supposed justification wasn't
reported. Just because they didn't give a statement to the reporter covering
the story doesn't mean that there isn't another side to this - with or
without merit. Whatever happened, the District Attorney considered it had
enough merit to prosecute.

My last comment was meant to be more general. Yes you have a right to take
photographs on your own property. But it is not a right without limits. You
don't have the right to photograph absolutely anything under any
circumstances. Now, even if your actions are violating the law, that still
doesn't mean that you have no Fourth Amendment protection. But, our Fourth
Amendment protections have been dwindling.

My guess (and that's all it is) in this Ohio incident, is that courts will
give tremendous latitude to law enforcement in controlling accident or crime
scenes. This is the only thing I can think of that the District Attorney
could be relying on. It would be very interesting to know exactly what
happened. There are certainly incompetents in every profession. I'm not
saying that this is the case here, but that includes reporters. We've read
one brief news item. It could be entirely accurate or there could be much
more to the story. I know what it's like to work on a case and read very,
very distorted coverage of it in the press.

As for cops having no right to be ignorant -  I spend my career attacking
the actions of cops and you'll get no argument from me here <g>.

Bryan


- -----Original Message-----
From: Eric Welch <ewelch@ponyexpress.net>
To: leica-users@mejac.palo-alto.ca.us <leica-users@mejac.palo-alto.ca.us>
Date: Friday, April 09, 1999 11:22 PM
Subject: Re: [Leica] Cops run amok


>At 10:10 PM 4/9/99 -0700, you wrote:
>>It depends on what they're taking pictures of and under what
circumstances.
>
>If they're going to blow the neighborhood up, I guess the cop should take
>the camera away. But he doesn't have to get ignorant.
>
>Otherwise, the cops have no right whatsoever.
>
>Eric Welch
>St. Joseph, MO
>http://www.ponyexpress.net/~ewelch
>
>Logic: The art of being wrong with confidence...