Ah..., but, Frank, "The guy had a camera, and was clearly taking
pictures", so we had probable cause. With probable cause we do not need
no stinking warrant, and your protestations are just a bunch of crap.
Without probable cause, you just say "I want to talk to my attorney
before I allow that." And stick to it. Anything they do after that
without your attorney present is not admissionable in court. That does
not stop them from screwing with you but it keeps them from getting an
unwarranted (pun intended) conviction. (US law, may not work elsewhere)
The thing missed by many is that cops can do about anything they want
to. If you fight back you are resisting arrest which gives them
permission to get really shitty. All you can do is quietly play by the
rules, then when it gets to the referee (judge) he calls a foul and lets
you go. The cops then complain that the courts will not let them do
their job.
The one thing that I have found never to work is telling a cop he is
wrong. Then it becomes a game of "Power, Power, who has the Power".
Guess who that is.
And just to say something positive about this whole issue. Sometimes
when the cops disagree with a new law they become overly zealous in
enforcing it in the hopes that will get it repealed. There is a slight
possibility that is what we are seeing down in Texas.
graywolf
http://www.graywolfphoto.com
"Idiot Proof" <==> "Expert Proof"
-----------------------------------
frank theriault wrote:
On 10/16/05, David Mann <[EMAIL PROTECTED]> wrote:
I don't remember what it was, but I once saw a program where some
guys were caught filming something and were asked to hand over the
tape. They somehow managed to swap out the tape without being
noticed, and were able to get away with the footage.
I suspect that would be easier to do with a memory card than a roll
of film :) Just carry an ancient 32Mb card so you don't stand to
lose too much money when handing it over.
y'know, guys and gals, if the cops ever ask you to hand over tape,
film or a memory card, you are under no obligation to do so, AFAIK.
unless the law has changed dramatically over the past 10 years (and,
maybe it has), police can perform an involuntary search only with a
warrant, or subsequent to an arrest.
WE DON'T LIVE IN A POLICE STATE! (despite the best efforts of many
politicians and law enforcers)
that being said, if you've done nothing wrong, it's sometimes most
expedient to co-operate, hand over the goods, and be on your way.
but, the sad reality is that by so complying, you're giving them carte
blanche to go on a fishing expedition to find ~any~ objectionable or
illegal things that could give rise to other/further unrelated
charges.
to allow such a search/seizure or not is a real dangerous tightrope act, imho.
-frank
--
"Sharpness is a bourgeois concept." -Henri Cartier-Bresson
