Forums > General Industry > Since getting busted is becoming VOGUE

Photographer

W__

Posts: 170

Bloomfield, Connecticut, US

I thought I should pass on this infor from ASMP:

http://www.krages.com/phoright.htm

Take it for what it cost you.

-beebe

Jun 19 06 04:53 am Link

Photographer

JM Dean

Posts: 8931

Cary, North Carolina, US

Yea, been posted a couple of times. That thing hasn’t been updated since July 2004. Wonder what Laws have changed?

Jun 19 06 04:56 am Link

Photographer

IrisSwope

Posts: 14857

Dallas, Texas, US

Since it's so in...we should all go shoot topless 17 y/o in thongs, and see if we can use all the great suggestions given in the other threads. We can compare notes, and see how many of Model Mayhem's finest end up in jail...Maybe a few will get beaten...while screaming their rights....and ripping the film out of their digital cameras...
lol

Jun 19 06 05:16 am Link

Photographer

FKVPhotography

Posts: 30064

Ocala, Florida, US

Dang....I feel like such an amatuer....never having been arrested while shooting!!!

Jun 19 06 07:27 am Link

Photographer

Ivan Aps

Posts: 4996

Miami, Florida, US

JM Dean wrote:
Yea, been posted a couple of times. That thing hasn’t been updated since July 2004. Wonder what Laws have changed?

Gee, this looks familiar?  Only thing that would have changed would have been any specific local laws about photographing in specific areas or shooting specific structures.  Other than that, these laws can not be changed very much because they could violate constitutional law which upon passing wouldn't go into effect until after the NAACP walked it through all the various courts.  So it is probably still accurate.  Just keep in mind, every city has certian locations and tructures they deem sensative.  Just check first before a squad cars pull up.

Jun 19 06 07:39 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

park rangers.....ughhh..

she said she didnt need the pop up changing booth...

she said she could change bikins with showing anything...

well with both bottoms mid thigh...the park rangers came flying up like a swat team...from every direction...

almost as if they were anticipanting the situation..although they claimed someone complained..

why the hell would someone complain about a beautiful young woman nude on a beach..what idiot?..tell me...

anyway..banned from the beach...
but it turns out they have short memories..or maybe would like the show again..
i shoot there regularly...

Jun 19 06 07:42 am Link

Photographer

Hamza

Posts: 7791

New York, New York, US

Getting arrested only shows your lack in tact and social skills!

If you know how to deal with people there is nothing you can do photographically without shooting porn that will get you thrown in jail.  This includes shooting Nude in public and on private property with NO TRESSPASSING signs. 

Learn to deal with people and the whole world will be at your fingertips...

Jun 19 06 07:56 am Link

Photographer

BCG

Posts: 7316

San Antonio, Florida, US

i shot a nude series*unknowingly* at a church/mission...was interupted by a kind monk/friar...i have not done that since.

Jun 19 06 07:59 am Link

Photographer

Ivan Aps

Posts: 4996

Miami, Florida, US

BCG wrote:
i shot a nude series*unknowingly* at a church/mission...was interupted by a kind monk/friar...i have not done that since.

"Friar John, where are your handS?"
"In my pockets my son"
"Your robe doesn't have any pockets?!"
"You are mistaken, please continue the shoot.."

Jun 19 06 08:07 am Link

Photographer

COLONIAL PHOTO

Posts: 88

Calhoun, Georgia, US

you should keep that hting with you (the copy of photographers rights) even though it may not be exactly the same in all states (some still think the south won the civil war and dont recognize the constitution, like Ga.). If a cop sees somehting in print, he will usually back off, since they tend to make up the law as they go along-they have absolutely NO training in law whatsoever, even the supervisors. Hell, even the prosecutors and judges make it up as they go along.

The written law actually means NOTHING unless you can afford a lawyer to enforce those laws, and he needs to be outside your court jurisdiction since local lawyers dont wanna piss off the DA and judges (and they all play golf together).

Just kiss ass and be kissy poo, and apologize for being there (and dont sound sarcastic), be FRIENDLY and RESPECTFUL (even if htey  dont deserve it), and you can usually get out of it without much hassle.

And for Gods sake, KEEP A LOW F-ING PROFILE! I see horror stories on here where bikini and lingerie shots are taken in full view of the taliban minded public-DUH.

If you gotta do something a bit risque, just make it a hit and run....arrive, get the model on site really fast (a bit of prior planning here) shoot, and haul ass!

I hate that it is that way in our country, but a taliban mindset is in vogue, because it gets politicos an effective way to harvest POLITICAL CAPITOL. All this crap about predators, sex offenders etc, is overblown and created to give Politicos a boogeyman to rally voters to, and to give the media ratings.

if theres so much predator action out there, why do cops have to set people up acting like teenagers pretending to be adults baiting people?

And dont start blaming Bush and republicans...democrats are just as bad, since they vote for all this retro-active unconstitutional sex law/morality crap as well, and have contributed to this puritanical mindset. The Gore cmpn fired a chick for posing for Maxim in a bikini. THINK!

I was a dispatcher for 10 yrs, and I know alot of cops and lawyers....I KNOW what Im talking about.

Jun 19 06 09:28 am Link

Photographer

C R Photography

Posts: 3594

Pleasanton, California, US

We we're stopped by park rangers this weekend while shooting in Yosemite.

Both rangers we're very cool after we (the model, MuA and myself) properly identified ourselves) stating that they could care less what we were doing as long as it did not involve fireworks or trash.

They actually pointed out a few more locations for us to shoot and provided detailed maps.

Although this is one of those rare occasions, I'm sure if I had waved ACLU litterateur in their face, their attitudes would have changed negatively.

Jun 19 06 09:48 am Link

Photographer

Michael Kirst

Posts: 3231

Los Angeles, California, US

It doesn't matter that the attitudes might change from law enforcement or private parties on a shoot if you have some written legalities to back you up. It is still called rights for a reason. I will not give up my rights just to make the Gestapo happy. Something called standing up for your rights. The same rights that this country went through hell to attain and establish should be upheld by all of us individually. Get a backbone. I am married to a lawyer and know that if you ask the right questions in a calm assertive manner while being dicked around by people, when they take it one step too far, then you have a pretty solid case against most. (If you are within your rights). There's no need to "hit and run" if you're well within legal rights to shoot in a location. I think the OP's link is a great one and I personally carry that very document with me on all public property shoots. There can be no offense when you have a solid defense.

Jun 19 06 10:02 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

You know... I find it to be a really bizarre state of play what goes on in the US between citizens and the state. Here in Britain we have more apparent, and exercisable, rights, and are left alone to enjoy them, without a written constitution.

One might even get the impression that the minions, operatives, and bureaucrats of the [US] state and it's subdivisions actually manage to use that against you, and, worse yet, the passive and supine way you seem to let them do it.

Studio36

https://www.studio36.pwp.blueyonder.co.uk/Land_of_the_Free.jpg

Jun 19 06 12:12 pm Link

Photographer

giovanni gruttola

Posts: 1279

Middle Island, New York, US

JM Dean wrote:
Yea, been posted a couple of times. That thing hasn’t been updated since July 2004. Wonder what Laws have changed?

Here's an update by Andrew Kantor 12/30/05

http://www.kantor.com/blog/Legal-Rights … aphers.pdf

FYI... Andrew Kantor is a columnist for USA Today
http://www.usatoday.com/tech/columnist/ … laws_x.htm

Jun 19 06 12:22 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

My suggestion is look up the laws in your location and print them out. Be sure not to break the law and then if the cops do show up, you can POLITELY ask them what laws you are breaking, take the position of a law abiding citizen that in no way wants to break any law. If they cite one you know you have not broken, pull out your print of the law and say... "I read this and the way I understand it is I can shoot in this circumstance, did I read it wrong? I truley do not wish to break any laws."

A good cop will see his error, a bad cop will know that you do know where you stand so his arrest or harassment is not worth doing. Keep your attitude good, if they say leave say "ok", and fight it later.

There are very few photographs worth going to jail for.

Jun 19 06 12:39 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

William R Beebe wrote:
I thought I should pass on this infor from ASMP:

http://www.krages.com/phoright.htm

Take it for what it cost you.

-beebe

What I noticed about this and the links further down this thread is they don't cover the situations that a cropping up on MM.

It seems the cops vs. photographers bouts on MM deal with *nude/obscene/pornographic* photos and if the images can be viewed or seized without a warrant.

Does anybody have any resources dealing with that.

Jun 19 06 12:55 pm Link

Photographer

Jon Barry

Posts: 200

Baton Rouge, Louisiana, US

Mike Cummings wrote:
What I noticed about this and the links further down this thread is they don't cover the situations that a cropping up on MM.

It seems the cops vs. photographers bouts on MM deal with *nude/obscene/pornographic* photos and if the images can be viewed or seized without a warrant.

Does anybody have any resources dealing with that.

I have been arrested twice. Neither time did it go to court. I broke no laws. You have to have an attorney. I had to pay bond twice and spent one night in jail. What did I do. I had a portfolio book with some topless photos, not a single genital photo, had them in a deserted restaurant/diner. The waitress walked by and told the cops who were eating free on the other side of the restaurant and they came and confiscated the pics, took me and my friend outside, told me they did not know what they were arresting me for, but that I was going to jail. I did go to jail after spending two hours with my hands on the top of a car legs spread and took all kinds of verbal abuse. This incident cost me $3000.00 altogether. While I was outside, no less than 20 cop cars came by and all the officers looked at my photos.

The second time was a year later. I was shooting by a public fountain. I had two models. They were both clothed. They got into the fountain. Their nipples showed through their clothes. Someone called the police and they came and arrested the three of us. This time we did not go to jail, but the first thing they told me "you were arrested for this before", and that made it an automatic arrest. The whole time that we were with the cops we were in public, and the girls were wet. There was a solid parade of no less than 25 different cops who showed up to view these girls who were still in public. This time it cost me another $3000.00 and they took my camera for 10 weeks. It also never went to trial. I broke no laws.

In my state, you can sue for improper arrest, but by state law they do not have to pay judgments. Also law enforcement officers are immune to being sued. You can only sue the city at large cost to you and you cannot win by law.

Jon Barry

Jun 20 06 04:24 pm Link

Photographer

Stephen Bodi

Posts: 848

East Northport, New York, US

pleas see:

https://www.modelmayhem.com/posts.php?thread_id=55021

William R Beebe wrote:
I thought I should pass on this infor from ASMP:

http://www.krages.com/phoright.htm

Take it for what it cost you.

-beebe

Jun 20 06 04:30 pm Link

Photographer

photosbydmp

Posts: 3808

Shepparton-Mooroopna, Victoria, Australia

Iris Swope wrote:
Since it's so in...we should all go shoot topless 17 y/o in thongs, and see if we can use all the great suggestions given in the other threads. We can compare notes, and see how many of Model Mayhem's finest end up in jail...Maybe a few will get beaten...while screaming their rights....and ripping the film out of their digital cameras...
lol

amen.

Jun 20 06 04:35 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Jon Barry wrote:
In my state, you can sue for improper arrest, but by state law they do not have to pay judgments. Also law enforcement officers are immune to being sued. You can only sue the city at large cost to you and you cannot win by law.

Jon Barry

That's under state law... try federal civil rights law instead. You have, or would have had, a case there [and I have no idea if it might also have involved race issues if you are non-white] where you were not informed of the charge but were arrested; and for being locked up without charge as a result of that arrest... at least in the first incident. The second may, as it was tied to the first and resulted in a mandatory arrest under your state law, constitute harassment and a distinct incident under this title. One is definitely connected to the other by the cops statement.

You might explore this with an attorney before the third time comes around.

TITLE 18 > PART I > CHAPTER 13 > § 242   

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Studio36

Jun 20 06 04:51 pm Link

Photographer

Jon Barry

Posts: 200

Baton Rouge, Louisiana, US

studio36uk wrote:

That's under state law... try federal civil rights law instead. You have, or would have had, a case there [and I have no idea if it might also have involved race issues if you are non-white] where you were not informed of the charge but were arrested; and for being locked up without charge as a result of that arrest... at least in the first incident. The second may, as it was tied to the first and resulted in a mandatory arrest under your state law, constitute harassment and a distinct incident under this title. One is definitely connected to the other by the cops statement.

If your attorney thinks there is a good deal of money in suing a Municipality or Government entity then it is possible that they will take the case on consignment. I doubt seriously that in the kind of things that took place with me that I could find an attorney of merit who would do that. Thus, all expenses of the suit would have to be borne by me. Attorney's are not cheap, and even if you pay well, they also have to be interested in the case. It is a rather dull case to them but not to us. It is simply not a big enough interest or final result to justify doing anything other than what I did. I felt like it. I wanted to. I sensibly did not.

As to the charges in both incidents...obscenity for the first and indecent exposure for the second. Believe it or not..indecent exposure is a sex crime and if convicted you would have to register as a sex offender. Not many photographers realize that. If it had gone to trial, I would have expended whatever necessary to avoid a conviction. There was never much chance of that and it is why it never went to court. But the law can make your life miserable if they want to. There is little to no recourse.

Jun 20 06 07:15 pm Link

Photographer

Mikel Featherston

Posts: 11103

San Diego, California, US

Jon Barry wrote:

If your attorney thinks there is a good deal of money in suing a Municipality or Government entity then it is possible that they will take the case on consignment. I doubt seriously that in the kind of things that took place with me that I could find an attorney of merit who would do that.

You can always ask the ACLU...

Jun 20 06 07:20 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Mikel Featherston wrote:
You can always ask the ACLU...

Too right, you can always ask. The worst they will do is listen to you and turn you down. But you can always ask and see what their response is.

Reminds me of the situation with Rodney King... even though the cops were let off in the state courts the case then moved to the federal courts on civil rights grounds. They were not so lucky there:

After the [1992] riots, pressure mounted for a retrial of the officers, and federal charges of civil rights violations were brought against the officers. Near the first anniversary of the acquittal, the city tensely awaited the decision of the federal jury; seven days of deliberations raised speculative fear of an incendiary outcome in the event of a not guilty verdict.

Precautionary measures were taken by the government and media. The decision was read in an atypical 7:00 a.m. Saturday court session on April 17, 1993. Two officers--Officer Laurence Powell and Sergeant Stacy Koon were found guilty and another two acquitted.

Not forgetting that there are also 1st A and arts groups, aside from the ACLU, that might support you in such a court test of your civil and artistic rights, generally, as well... or bring pressure to bear on the ACLU to front the case. As for the money...  you already said you are having to spend your own money defending yourself... so what about next time... and from the look of it unless you have become a photographic hermit there will eventually be a next time.

Studio36

Jun 21 06 02:48 am Link

Photographer

Jon Barry

Posts: 200

Baton Rouge, Louisiana, US

studio36uk wrote:

Too right, you can always ask. The worst they will do is listen to you and turn you down. But you can always ask and see what their response is.

Reminds me of the situation with Rodney King... even though the cops were let off in the state courts the case then moved to the federal courts on civil rights grounds. They were not so lucky there:

Not forgetting that there are also 1st A and arts groups, aside from the ACLU, that might support you in such a court test of your civil and artistic rights, generally, as well... or bring pressure to bear on the ACLU to front the case. As for the money...  you already said you are having to spend your own money defending yourself... so what about next time... and from the look of it unless you have become a photographic hermit there will eventually be a next time.

Studio36

I was told by my attorney to let it go. He said that if you push it you permanently make their hit list. The next thing they get a warrant and go to your office or studio and take your computer to see what is on it. He is probably right. I have nothing on it of interest to them, but it would put me out of business, and they can even make sure that it hits the newspapers. You might have a better case, but then if you cannot get them to pay when you win a judgement, then what have you accomplished. Today's days are not the same as the liberal days of old. We have a very conservative government now, and the religious right rules.

You have to consider the time factor in all this as well.

As to it happening again. Yes, I am sure that it will. I do write off the expenses of it on my taxes, but I also do not shoot in public places when I have models with me unless I have already notified the police. They love to come to shoots and when you do that they are very helpful.

It is much to easy to say sue. If you have never sued anyone then you have no idea of the expense of it. If there is tons of money to make from it ....  sure go for it, but 99.9% of the time this is not the lottery, but rather a drain in both time and money.

The ACLU is not very active anymore like they used to be. They have taken hard lumps from the Religious Right as well.

Jun 21 06 08:24 am Link