Note that in a private place that is open to the public (like the mall), you are legally allowed to take photographs, but they are legally allowed to trespass you and escort you off the property. They can't take your camera or pictures though.
Once, I was working for a campaign for a ballot measure in support of a local transit system. I went down to the transit station -- very public, where all the people stand around waiting for the bus -- to take photos for a brochure.
A rent-a-cop came out and questioned me, and specifically used the phrase "homeland security." As if I was taking photos to better plan my bus bombing. As if, had I actually been planning a bus bombing, I needed to take photos to do it. As if, had I wanted to bomb something at all, I would have targeted a small town transit station. Or maybe he was just bored.
I acted confident, and implied I had some kind of official permission to be there, and he wandered off. I can easily imagine other rent-a-cops being more assholeish and claiming I wasn't allowed to take photos.
I took a picture in the front yard of my building where my bldg. mgr. was planting flowers and she flipped out and ordered me to delete it. She even sent me a form to sign, swearing I had deleted it. I could have said "fuck you" but I didn't want to sour our relationship.
Know your rights, carry the doc Fnark linked to, and be firm but polite. Most cops will back down. If you yell and scream and call them fascists, you're not likely to have a good experience.
I was arrested in Albuquerque last November after some TSA security guards and airport police didn't like me taking pictures in the airport. I was charged with criminal trespass, disturbing the peace, concealing identity, and obstruction. See the Identity Project's FAQ for details. Carlos Miller blogged it. Sherri Davidoff dug up and reported the fact that I'd previously received permission to photograph at ABQ. My jury trial is scheduled for September 8, 2010.
Also, Andrew Kantor's got a really good, though longer, doc: http://www.andrewkantor.com/useful/Legal…
Note that in a private place that is open to the public (like the mall), you are legally allowed to take photographs, but they are legally allowed to trespass you and escort you off the property. They can't take your camera or pictures though.
A rent-a-cop came out and questioned me, and specifically used the phrase "homeland security." As if I was taking photos to better plan my bus bombing. As if, had I actually been planning a bus bombing, I needed to take photos to do it. As if, had I wanted to bomb something at all, I would have targeted a small town transit station. Or maybe he was just bored.
I acted confident, and implied I had some kind of official permission to be there, and he wandered off. I can easily imagine other rent-a-cops being more assholeish and claiming I wasn't allowed to take photos.
Your rights end where the Police State we live in starts.
Know your rights, carry the doc Fnark linked to, and be firm but polite. Most cops will back down. If you yell and scream and call them fascists, you're not likely to have a good experience.