EMT camera taken by police at MVA scene

[CBEMT]

The thing with this guy is they took the camera into evidence pending a charge of impersonating a emergency worker. They wanted to check if he took pictures of the deceased and if he was in the way.

Doesn't matter why they wanted it. It is his personal proprety, locked inside a vehicle. They couldn't take so much as a piece of lint off the floormat without a warrant. Unless they bully/inntimidate you into handing it over, which they did.

He is a photgrapher for First Responder News with credentials.

I'll try not to hold that against thim.

Also he states he was asked to be a dept photographer for the local EMS but their chief denies it.

Probably because of the bad press. Wouldn't be the first time somebody got hung out to dry by an organization they were a member of until the moment the reporter called.

[zippyRN]

As I see it, while not a full blown "Fail", it is a double "Oops", as the LEOs had no true right to ask for the camera without probable cause and/or a warrant, , but did, and the photojournalist didn't have to turn over the camera without probable cause and/or a warrant, but did.

the problem is that your probable cause may well be fulfilled for the purposes of needing the images for the crash investigation

[Richard B the EMT]

the problem is that your probable cause may well be fulfilled for the purposes of needing the images for the crash investigation

Then, as already stated, they could request copies of the film or memory card, or even ask (emphasis on that word ASK) to see the picture on the camera's display screen (figure digital camera to do that).

[CBEMT]

the problem is that your probable cause may well be fulfilled for the purposes of needing the images for the crash investigation

Not good enough. If they can't do their invidetgation without his pictures, they need new jobs (actually, based on this incident, they do need new jobs). This is probably the more pathetic excuses for PC they could possibly use.

Like I said. A first-year student of a night law school could get it thrown out if this is what they use.

It's scary how ignorant the general population is concerning their rights both in general and when interacting with law enforcement in particular.

Edited August 28, 2010 by CBEMT

[FormerEMSLT297]

CBEMT is 100% correct... I know of a cse where an officer confiscated a persons camera, because of "security" reasons,, this was post 9-11 and in the DC metro area, and the Dept. is now facing a multi million dollar law suit, and the chief has been forced to offer a public apploogy.

Except in areas like the Pentagon where signs are clearly posted "NO VIDEO OR STILL PHOTOGRAPHY"...... Anyone has the right to take pictures of ANY event occuring in the public.... where there is "NO REASONABLE EXPECTATION OF PRIVACY"... no that certainly does not extend to invasions of privacy like the dirtballs who upskirt young girls in playgrounds and things like that, but a crash or any incident on public property is fair game...

Also Richard B,, the HIPPA rules do not apply becaue you are not releasing any PPI to anyone or any insurance company... stay safe...