Can Police Question You For Taking Photos In Public?
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- Опубликовано: 11 июн 2024
- What would you do as a Cop?
Have you ever wondered about your rights when taking photos in public spaces? In this video, we explore a scenario where police question a man photographing at a kids' waterpark.
Are any laws being broken? Is he allowed to do that in a public space?Something seems off to you. You can't pinpoint it, but something feels off. Just because police may want to act on situations such as this, doesn't mean they always can. Has a crime been committed? What would you do?
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#KnowYourRights #PublicPhotography #PoliceQuestioning #PoliceInteraction #CivilRights #LegalAdvice #LawEnforcement #PoliceTraining #PoliceCollege #RandallArsenault #Crime
Police pursuits - are they worth it? ruclips.net/video/9C-Pal4PZ2k/видео.htmlsi=E5U4NjMFxO9wtjJA
Very interesting question Randy! The situation sounds suspicious, especially since kids are involved. I think the presence of a police office might deter this person from doing any nefarious deeds. I think an officer should be allowed to at least ask the person's name, more as an introduction. "Hi! I'm Officer Arsenault. Pleased to meet you!" Or maybe "Hi! I'm an avid photographer. This is great place for photos. How are yours coming out?"
If I was a parent, I would take my kids elsewhere.
Great Question!! Lots of interesting answers
Taking pictures in a park where children are playing can be perceived as suspicious, especially if the person is not a parent or guardian and focuses on other people's children without permission. Openly explaining the purpose, such as being a tourist or a professional photographer, can reduce concerns. Context matters; wide-angle shots of the park are less suspicious than photos focused on children. If uncomfortable, it’s best to calmly ask the person about their intentions or report the behavior to park authorities or local law enforcement.
If I’m a police officer, I would approach the person calmly, introduce myself, and explain the concerns. I would ask about the reason for taking photos and request identification. If the explanation is reasonable and no laws are broken, I would document the interaction and continue monitoring. If the behavior seems suspicious or the person refuses to cooperate, I would take appropriate action, such as asking them to leave or detaining them for further questioning to ensure safety.
there is no exspctstoins of privacy in public you have no legal right to a damn thing 1st awendmant their right to peacfully asemble you are aiting for a serious law suit if you push past asking for consentual conversation
This video is out of my mind thought!! Very interesting video
Thank you
We must use reason and logic here folks. When we bring our children out in public spaces, we must be aware of the fact that there are bad players out there. We have no expectation of privacy when out in public so whatever suspicions we may have about someone photographing children must be backed with evidence of fact before even attempting to approach the individual. It's best to be respectful if we do attempt to engage the photographer but he or she does not have any obligation to answer any questions to anyone and that cannot be interpreted as being criminal. The only way that it becomes a problem is if the photographer is using the pictures in a commercial capacity. They must seek the permission of the parents to use the pictures or videos for commercial use. The best thing to do if you have suspicions is to observe and document the photographers actions. That is all you can do really. If they are up to no good, simply video recording them can scare them away. The thing is folks, most people that are up to no good with their photography will not be out in the open taking pictures. Most photographers will be respectful and approach the parents and let them know why they are taking pictures of their children because it is a logical and reasonable thing to do so they don't have any bad assumptions about their intentions. When it comes to public photography, there is no LAWS against it. It is protected under the UDHR and we must be careful because trying to stop someone from engaging in public photography is a breach of article 19 of the UDHR. Any constable that interferes with someone engaged in public photography has exceeded their jurisdiction and are in breach and dishonor of their obligations and duties to the UDHR and the CCRF.
I appreciate the input and well articulated response ✌🏼
The Canadian charter of rights allows anyone to take pictures in public spaces including and not limited to government property. There is no expectancy of privacy in public therefore it may be creepy, but he can take pictures. The officer can approach it there are concerns by the parents, we just want to make sure that everybody safe. He may talk that way, but he has no obligation to present ID handover his camera or answer any questions. The officer may even suggest that he moves along. but there really is nothing that can be done
Do they have the right to upload the video on RUclips?
@@frankieb8591 that’s a whole other subject.
I honestly cannot press forward, because there is no laws against taking photos in public. Are taking photos of minors need to be consented by their parents first? That is the bare minimum I can think of.
And also if there are children in swimsuits that could be child pornograpy
You never make these easy lol
That’s difficult Randy. Both sides of the equation are understood. It boils down to is this nefarious? It’s a judgment call. Pappy has the answer for sure 👍 Cheers!
Pappy has the answer 😂👍🏼
I'd start taking pictures of him - and obviously take them. Odds are, if he's there on a "perversion excursion," he's likely to book out of there and quickly. If he starts to question why you're taking pictures of him and challenges you doing so, it gives you a chance to question his motives and point out to him what his behavior looked like to those who called and complained. Then I'd see how it goes from there, and you at least have his picture to ID him.
Walk away cause I believe there's nothing you would be able to do unless there's some obscure law about taking photos in public. Still strange behavior
I can’t comment on the rights a Police Officer would have as I honestly don’t know. But as a concerned citizen or parent or babysitter, I would trust my instincts if my gut was telling me something was off. I’ve been in a similar situation before and while it turned out to be harmless and easily explained, I don’t regret approaching the individual.
Rightfully so. If you did it to ease your mind, OK.
Great video to think about.
I believe most municipalities have bylaws/rules governing what is allowed and not on their property. Perhaps a Trespass to Property Act POT could be given if it’s covered but not much else comes to mind. Odd behaviour, even suspicious behaviour in itself is not illegal.
It’s one of difficult calls police get every day.
For sure, and thank you.
The number one thing is to not encroach on someone's rights.
I would find it respectable if officers would notify the parents that are concerned about the person with a camera that the person has the right to film even if it is weird. It would also be great to have officers advise parents to keep a close eye on their kids or take their kids to another park or location to enjoy the rest of their day if they feel uncomfortable with the individual capturing images of kids.
It would also be valuable to have officers park their cruiser on a side street close to the park to prevent kids from being napped.
Filming in public place is a protected right according to the Canadian charter of rights and some amendment in the US
While it may be inappropriate if that person is there taking photos of children playing in the water, unfortunately not something police can enforce.
I’d educate the parents on the persons rights to film in public and let them know children should be dressed with this in mind
I’d also address the person taking photos and inform them that hey what you’re doing while legal and your right, you’re making some people uncomfortable, I’d like to talk to you further with regards to your intent of the photos or purpose but you also are under no obligation to speak with me or identify yourself. But human to human I think we could have a conversation.
Man oh man! Ive put an idea,the deleted it, put another idea and deleted it, 3 times! Lol, the parent in me, then the 'cop' in me and I just dont think I would have a good, honest answer for this one Randy
I hear you! And I understand what you mean.
I would at the minimum ask them under uniform why they are there. Then after that response I would ask them accordingly why specifically they are there
There is no expectation of privacy in public. The eyes can not be trespassed. Police are law enforcement, not feelings enforcement. A smart cop wouldn't engage.
I appreciate the comment.
@@OfficerArsenault no you don't.
he may have a right to take pictures in public, but I would also take his picture!
Yeah that’s a good point!
As a parent I be watching my kids like a hawk .. so many reason why a person I taking photos etc etc .
There is always two sides to a question, and one must attempt to find a balance. But in my opinion the safety of the children is paramount.
But here is a personal story. I am 73 years old now, and due to a near death experience, I now appreciate life to it's fullest. From the tiny green leaves budding at the start of spring to the majesty of a hawk, to the sounds of children gleefully playing. And although I definitely do not fall on the side of any perversions, I will stop and for a few moments soak in the sound of children playing. because it is wonderful and so full of joy.
But if a police officer was called on me, I would be 100% honest, tell my story, prove I did not take any pictures of any children, then move away without causing any fuss. And that may be the key, to discover if any children were photographed. I understand that an encounter of the street is not grounds for me to be forced to show what is in my camera, but on the flip side of the coin, I have nothing to hide.
As a police officer, I would respectfully request to be shown any and all pictures on the camera. And if denied, make sure that my bodycam takes a few really good pictures of his face, and later run that through any and all databases, including facial recognition.
This is great input and I appreciate you sharing. Thank you very much 🙏🏼
I was informed years ago that anyone can take pictures in a public space. What I don’t understand is if a person is taking pictures of children why wouldn’t they ask permission from a parent and if a parent refuses-simple, don’t do it. It’s freaking creepy and not right. Not everyone takes photos for bad reasons but just stop! And if police are called, I say yes they should be able to question the person taking the photos. And also check the camera. 😮😢 it’s just the world we live in. Keep children safe. ❤
I appreciate the input.
I don't know the answer for this question, but I would say even it is allowed, we should use common sense.
I always take care where I take pics. I know if there are kids its sensitive, so I avoid. I would never go inside some public departments (as some guys do) taking pictures just to challenge people and make videos for TikTok.
I live in Toronto, and I travel a lot. I take pictures everywhere, and I never had problems. Once, in NY, I saw a very nice police car, I just asked the officer: ''can I take a picture of your car''?
He smiled and said ''of course''. That is what I say, use common sense, and be polite. Do not put your camera on other people's face, or kids.
Thank you for the comment.
True I don’t know the laws and trying not to be a parent…
I would approach this man and say, we’ve gotten calls from concerned parents here. Are your children here? Remind him of the obvious .. this is a hard one! Wow. (Separating personal emotions here)
Randy can you tell us the protocol for the police?!
Not a whole lot however an incident report on file with all relevant information 👍🏼
officer in the area would a definite deterrence, and a casual interaction of a friendly nature to start, this may prevent things from escalation and would put parents at ease of officer present and possible force the individual to leave under own choice.
This is a tricky one officer. Though such scenario will for sure be uncomfortable for parents, let’s not forget that most parents are guilty of posting their entire family life on social media like Facebook. Every move, trip, restaurant, sneeze and cough are on Facebook and they’re “proud” of their children 🤪. I guess in hindsight, the person taking the photos in public like that poses the least concern. Thanks as always officer.
You make good points, thank you for the comment.
I believe as a police officer, you can't do much. But as a father, I walked up to him and asked why he took a picture of my child he jumped up and punched me, so I punched him back. He fill and split his head open of the bench. I accidentally stepped on his cel phone. My wife saw the whole thing and so did all the other parents before the police showed up. That's why we all have the same story. And if he wants to press charges, then I guess we will have his name, won't we. As a Father, I grantee you. This is exact how it's going to go down.
I hear you, people certainly react differently based on their own experiences and such.
As a police officer, seems I’d be able to ask questions but not demand answers (especially if they’re playing coy) And would have to walk away. This is why citizens gotta do some policing too imo cause where the cops wouldn’t have the grounds to remove such a person I definitely wouldn’t allow it.
Bang on!
After observing a person taking pictures in a public park I concluded that this was a legal activity. I left the scene, contacted my complainants advising them it was legal for him to do so. NFAR.
That's a tough spot to be put in, that person is hoping he can sue the police.
True!
Once the police are called for suspicious activity of a photographer an investigation has started. The photographer is required to have the permission of the adults in the photo including their children. The police are also allowed to ask for ID.
They can ask for ID but they’re not required to provide it.
That would be entirely incorrect.
0:12 @user-qx2rv4qu5v It's obstruction not to provide ID when asked by the police, although they use discretion whether or not to apply it.
I believe an officer has every right to "ask" said individual for their name but if they are not in the act of committing a crime, suspected of already committing a crime, or suspected to about to commit a crime, that individual would exercise their right to privacy and not identify...once the officer starts lawfully demanding said person identity, I believe the officer would have to articulate what grounds they have to believe the person meets the before mentioned criteria otherwise the officer runs the risk of violating the individual's rights....my biggest issue with some officers is that they deem a person to be "suspicious" without elaborating further as to what they are suspicious of and start demanding ID....suspicion is a very vague and subjective term
Not a lawyer but that is the surface level understanding I have on matters such as public photography
Much appreciated.
So many factors, from so many perspectives, so many people's rights to be considered, likely lots of assumptions being made (and from a place of care and concern), the assumption of innocence until proven guilty still has to stand. But, guilty of what, I haven't heard anything that details a crime, but fear of intent. Instincts and fear can be powerful, whether they're right it wrong. Instincts like this have likely both protected children and harmed the lives of innocent people, depending on each circumstance. There's so much gray, how do you police that with black and white law?
Communication seems like a logical approach, but how much communicating are you obliged to partake in as a member of the public? And why should you have to? As a childs parent, your view will differ from that of an innocent person being questioned.
How much does our current culture affect our attitude towards the police and the idea of being questioned? How much does the culture affect the way the police approach the public in these situations?
This raises far more questions than answers, but that in itself feels like an education into just how difficult this stuff is.
I appreciate you taking the time to comment, I wholeheartedly agree.
This is an essay question.
I hate those. ❤;)
Pssst
After all this time?
Is it better to be dead or alive?
Where is Elnaz?
Where are the answers?
My heart breaks for so many 💔
I'm sure they are "nice".
I have ‘thoughts’ on this. Do you ever come back and discuss the whys of needing to investigate ? I am willing to put my thoughts forward if there is a discussion. This scenario has certain qualities where I believe there are grounds to support an investigation. I would not be able to sleep at night if I did not follow up on the complaint. “Where there’s smoke, there is fire.” I am confident that I would be successful in retrieving the information needed. I believe that you made certain comments about the scenario which make it MUCH DIFFERENT than a person taking pictures in a public place. Will you debate or give an answer to this question ? Thank you.
I don’t mind debating but it’s fairly clear as to what police powers are. Of course, what we want to happen, and what could happen is two different things.
The man does not have to ID or answer the officers questions. The officer is allowed to ask any questions, however the man is not obligated to answer the questions, provide name or ID. The officer has no evidence of a crime so he should not continue to question the person rather just wish them a nice day. The officer should then inform the complainants that the man has a right to film in public and isn't causing a disturbance so there is no grounds to questions him any further.
Food for thought: William Kowalski, a member of the national affairs committee of PEN Canada, wrote in the Toronto Star soon after the Consiglio incident that “the situation in Canada has reached the point where it needs to be said loudly and clearly: there is no law against public photography in Canada; no one here can ever be arrested for the simple act of making a picture or film, unless other laws are being broken in the process; and police officers who are in uniform and executing their duties in public have no reasonable expectation of privacy.”
If on Private property...then that's a different matter. As much as it could be a perv or pedo...the charter is for everyone as distasteful as it may seem......it indeed is a grey area....Great question though...parents of smaller children will be suspicious and rightly so...and the Karens will always have a say....but this is strictly a constitutional issue.Trampling peoples rights because of moralistic values is a direct violation of the charter; albeit these days it seems that it is too common place to ignore it than uphold it..touchy subject though...
Great points, I appreciate the input.
Ask True North Transperency. He seems to be an expert in this
I feel for those concerned families but unless you have concrete evidence not much you can do other than ask if they are willing to show you the photos. It would be suspicious if they are unwilling but privacy is their rights too!
Probably people misinterpreted why the guy was taking photos and yes if the Police are called in answer the questions if you're above board doing what you're doing and no intent other than photography
Have a great day
I'm going to guess that the officer has identified and observed the person in question first and if nothing looks out of the ordinary the officer may decide to engage the person in question but probably won't have any right to detain or investigate the individual but can question with the understanding that the questions may or may not be answered?
Yes for sure.
How do you determine if the person filming isn't a sex offender/isn't permitted to be near children?
Do you take a photo of him/her and run it through the database?
They don’t have that available to everyone yet but you certainly don’t always know.
Even though it's creepy to take pictures of other people's kids it's not illegal. I believe you don't have to identify yourself when in a park. If I were a cop I would tell the person that although he isn't doing any thing illegal common courtesy says that you shouldn't be doing it or ask the parents permission first.
For sure. Thanks for the comment
what's the answer !
Powerless to so much of anything.
Taking pictures in public is allowed however I do believe that you cannot specifically photograph children without the parents permission even in a public place as they are minors and have different protections under law. At the very least it is common curtesy not to photograph anyone who does not want to be photographed so perhaps appeal to their civil side by asking nicely to stop.
I appreciate the input 🙏🏼
I ask are you having by fun taking picture? Small talk.. nice day to take photos.. lots of kids here .. etc etc
Unless this person was obviously targeting and approaching minors and taking pictures of them and they and their gaurdians are uncomfortable with it then continues to do so I would say that is a cause for concern, Otherwise there is nothing wrong with taking pictures in a public park. Instead of approaching this person and asking what the person is doing approach said person and ask them how the day is going for them and strike a conversation with them and see how they act with that people with malicious intent tend to act nervously or hostile and refuse to make eye contact. People who are not tend to be either friendly or at the very minimum brief as they might be busy or do not wish to converse with someone unknown to them.
Thanks for the input, well stated.
I'm not a legal expert, but there is no right to privacy when you are out in public. I don't think that person has to say anything, other than identity themselves if they are being arrested. I don't believe police can even search his phone without a warrant or if he voluntary consents to a search.
I think he can be arrested if people actually saw what he photographed on his screen, then the police can get a warrant.
A good indication if they did something wrong is if they start running if police up. If they don't care, chances are they did nothing wrong.
If nobody witnessed an offense, I doubt the police can do anything.
Agreed
Police presence should help but legally the person isn’t breaking a law I don’t think. Parents gathering together to explain how inappropriate it is to be taking photos and asking them to stop should also have an impact. I know I would be vocal about that if that was my child and if it’s wasn’t my child and I saw it I would let the parents know. No one should be taking photos of other peoples children even though it’s not illegal I don’t think. Part of my school playground is public property so people can be there but as soon as something happens that comes across as inappropriate (but not against the law) and the person won’t stop after a conversation with staff, the police would be called if only to speak to them. That’s my input :) good scenario case study 👏🏻
But can they post it on the internet with the the family’s permission?
Thank you!
I would approach this person and paint them the picture as to what's going on. I'll ask the person politely to surrender the phone for only a minute, no more. If I see something that looks objectionable, I would ask the person to delete the photos and warn them straight up. If I see everything is OK, I would apologize, period. Now if the person refuses to relinquish their phone when I ask them to, I may just arrest them with obstruction of justice. If there were no calls then none of this scenario would ever occur.
The right to take photos in public is protected by the charter. The photographer isn't under any obligation to talk to you or to follow your request. You would have no grounds for arrest and if you did that you would be setting yourself up for a lawsuit and disciplinary action. If you used force you might end up facing charges.
@@bacon5301 Good point. Everything makes sense. Good thing Officer Arsenault did not make the scenario any more complicated: our responses would be a lit different in the long run.
This is a difficult one for sure, and I added the kids at the waterpark to change the dynamic a bit. But no the person wouldn’t have to give his phone to police 👍🏼
A person unless arrested or under an hta offence does not have to identify themselves. So ask officer if im under arrest no then walknaway
What would you do in this secanario? What would be the most appropriate?
Certainly at least an incident report with description, all relevant information, could link up to others and see pattern. But knowing police are watching now might spook a person.
Interesting topic Randall. After observing the person, I would ask them what their intentions are with taking photos of the kids. If they protested, I would tell them there were enough complaints to warrant this and let them know people are upset. If you get called back again, further action will be taken. If they are doing photos for a future project and taking pictures of the kids is necessary for design, they wouldn't have anything to hide.
I know in the US there are strict laws around taking pictures of children. As a former photographer, there are laws in Canada with regards to what you are not allowed to photograph but none around children. That needs to change.
I appreciate the input, have a great day!
Here is the answer. Freedom of expression, section 2(b) in the Charter of rights in Canada. You can not do anything. Go tell the people complaining the person can take photos any where they want in public. You have no reason to talk to the person taking photos.
People are so dumb clearly he’s taking pictures of kids and no normal decent person would do that u have to investigate and take care of business so u know the kids are safe if I was a cop oh so sorry I forgot my dog was in the back seat that’s got to hurt 😅you’re ok will just tape your finger back on when u go to jail don’t mess with the kids ever makes me mad be one thing but I can’t say them
Good points. Where's the grammar?
@@MrTantraMan we’ll I guess that what I get for having brain damage u shouldn’t be such asshole