Photographer’s Rights Top 10

1. When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view.

2. Police officers may not confiscate or demand to view your digital photographs or video without a warrant.

3. Audio recording the police is legal.

4. If stopped for photography, the right question to ask is, “am I free to go?”

5. Police may not delete your photographs or video under any circumstances.

6. If you are trespassing to take photographs, you may still be charged with trespass.

7. Taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

8. You don’t have to explain the purpose of your photography or disclose your identity if you haven’t broken any laws.

9. Accident and fire scenes,  children, celebrities, bridges and infrastructure, residential and commercial buildings, superfund sites, criminal activities, law enforcement officers can be photographed lawfully from public places almost all the time.

10. Law enforcement officers may have the authority to to seize film while making an arrest.


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