So, I got stopped by some cops for taking some pictures.

The pictures were of these beautiful (to me at least) smoke stacks in town. I was driving by and thought the light was just right and decided to go ahead and snap some shots.

I was out there for about 10-15 minutes at the most. Around the time I was going to walk over and take a last shot of this peacock made out of flowers a cop car showed up, and from what I’d read on Boing Boing in the past about cops harrassing photogs I had a good idea of what to expect.

First there was one cop, officer Garcia. He opened with a general “why are you taking pictures,” and I explained that the smoke has this wonderful texture to it and I’m attracted to industrial looking buildings and structures, later referencing pictures I’d taken of abandoned buildings in Detroit. He talked about how in “this day and age” people get concerned when they see someone taking pictures of energy sources — and I thought, so that’s what it does!

Unfortunately, it was really really cold, and I accidentally put my hands in my pockets one too many times, which led the officer to frisk me. Yep, hands behind my back and legs spread apart, the real deal. All taking place along Neil street near that horrendously named new restaurant Buttitta’s. Maybe you saw me?

The officer didn’t like it when he found my iPhone set to record audio — oops. ( ^ _ ^ ) I told him it was for my own protection. Either way I didn’t do it right and the phone wasn’t recording anyway. He tried to tell me that it would have been illegal for me to be recording, and I’m familiar with the laws he was referring to, but it doesn’t apply to a public situation like that, especially where you’re talking to an officer, does it? I also found it odd when the officer started reading through my various little sets of notes and notebooks. That isn’t legal, is it?

Eventually two other cops showed up, one of whom repeated the line about “this day and age” and whether I understood why they stopped me, while the other amused me by asking if I was part of any ecological student groups on campus.

Overall, I didn’t mind. I’m pretty docile in those situations, and it felt like fieldwork more than anything else, where I was observing them as much as they were observing me. I tried not to be too creepy when I was taking my pictures, and it was right by a park of sorts with a sidewalk nearby, so I hadn’t been too concerned. But I wasn’t completely surprised when things went down the way they did.

After all that, I hope you like some of the pictures I took. I almost got arrested for them. Unfortunately, I never did get a shot of that peacock.

  • jonquimbly
    You're in IL, right? According to this link, Illinois is a single-party notification state in practice, but two-party by law. I take this to mean that you are free under the law to covertly record conversations, including the police (search in the page for 'Illinois', there's good info)-

    http://schwablearningforumarchive.greatschools....

    Best thing to do is, contact your local ACLU branch, tell them what happened, and ask if you are permitted to record conversations with the police.

    Another discussion of whether IL allows recording of cops-

    http://ask.metafilter.com/53664/Can-I-record-po...

    Next time you're out shooting anything that cops will find interesting, I suggest you enable your iPhone's screen-lock feature - do this prior to running the recorder app. Once you've started recording, turn off the display (or let it time out) and stick it in a thin outer pocket of your jacket or pants.

    The screen lock will prevent the cops from illegally searching your phone. Cops are generally required, under current case law, to obtain a warrant or court order prior to searching the contents of a phone or computer.

    Learn the laws around photography so you can stand up to police intimidation. There are some great sites focusing on the kind of encounter you experienced with the police. Photography Is Not a Crime (http://carlosmiller.com/) is a good jumping-off point, with links to many other sites.
  • Jason C. Romero
    Awesome. ( ^ _ ^ ) Thanks! I knew the intarwebz would come through for me.

    Great tip re: locking the iPhone btw. I didn't realize it would continue recording if I locked it.

    P.S. I updated that link. ( ^ _ ^ )
  • NoelArmourson
    If your description of events is accurate, it sounds like the officer had no probable cause for any search.
  • Jason C. Romero
    Well, like I said, it was cold, so I kept accidentally putting my hands in my pockets after he told me to keep my hands visible. After the third time he said, "You know I'm going to have to frisk you now," and I complied.
  • Discarted Blog
    No, what the cops did was totally out of line.We posted on your story here.

    http://bit.ly/9oJY9s
  • yasmar62
    our hard earned tax money at work
  • Angie Andriot
    Obviously they feared you might discover the Secret of the Smoke Stacks and harness the power for your own evil plans of world domination.
  • Joshua
    That's insane and weird. Keep it up. More for the ethnology.
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