The police have wide-ranging powers when it comes to photography and taking photos of citizens. However, there are also limits and legal restrictions on what they can and cannot photograph. Understanding when and why police can take your photo is important for all citizens.
In general, police are allowed to photograph anything that is plainly visible while they are in public spaces. They do not need a warrant or your consent to take photos of you while you are out in public. However, there are some specific limitations and examples worth examining.
Can police photograph you in public?
Yes, in general the police are allowed to photograph citizens while in public spaces without needing consent. This includes photographing:
- Your face
- Your clothing
- Tattoos or other distinguishable features
- What you are carrying
- Who you are with
The key point is that there is no reasonable expectation of privacy when you are out in public. So police are free to photograph anything that is plainly visible to document evidence or simply gather intelligence.
Some specific examples where police could photograph you in public places:
- Large public gatherings like protests or rallies
- Crime scenes
- Accident scenes
- Areas with high crime rates where police are patrolling
- Sobriety checkpoints looking for drunk drivers
- Traffic stops
- Terry stops where police briefly detain someone they suspect
So in short – yes, the police can freely take photographs of you while you are out in public without any specific reason needed.
Can police take pictures on private property?
The rules change slightly when it comes to private property. In general, the expectation of privacy increases in places like your home, backyard, or business.
Police still have the power to photograph things in “plain view” from public vantage points. For example, if illegal activity is clearly visible from the street or sidewalk. But they cannot enter private spaces to take photos without proper legal justification.
Some key examples regarding private property:
- Police can photograph the front of your home from the street
- They cannot enter your backyard to take photos without permission or a warrant
- With probable cause, they can take photos through windows of illegal activity inside
- Police can photograph business exteriors but need authorization to enter
So in summary – the expectation of privacy is higher on private property, limiting police photography powers. But there are still situations where police can legally take photos on private property within the bounds of the law.
Do police need your consent to take your photo?
No, police officers do not need consent or permission to take photographs of you while you are in public places. This applies to both still photos and video recording.
The key principle is that there is no expectation of privacy when you are out in public. So police are free to document anything visually observable, including by taking photos of you.
They do not need to ask your permission or even inform you that they are taking your photograph. You also cannot demand that they stop photographing you or delete the photos if they were taken legally in public.
Some specific situations where police don’t need consent:
- Public protests and rallies
- Crime or accident scenes
- DUI sobriety checkpoints
- Traffic stops
- Terry stops based on reasonable suspicion
Police may need consent or a warrant to photograph you on private property. But in public spaces, they have wide leeway to photograph citizens without permission.
Can police use facial recognition from photos?
Yes, if police take a photograph of you in public, they can potentially run facial recognition software to try to determine your identity. This can be done even without your consent.
Facial recognition technology works by analyzing unique facial features from a photograph and comparing that to databases of known faces. If police photograph you in public, they can use facial recognition to try to match the photo to ID records, social media profiles, driver’s licenses, mugshots and other sources.
Some key things to know about police use of facial recognition:
- It only works if they already have your photo from a lawful source
- Facial recognition is not 100% accurate and has limitations
- There are few regulations on government use of facial recognition
- 21 states require warrants or reasonable suspicion for facial recognition
While controversial, there are currently no federal laws restricting police use of facial recognition if the initial photo was taken legally. But a few states do have limitations to protect civil liberties.
What restrictions apply to police photography?
There are some legal limitations and restrictions that apply to when and how police can photograph citizens:
- Police cannot take photos that violate reasonable expectations of privacy
- Photography must not interfere with a person’s lawful activities
- Harassment or discrimination based on protected characteristics is illegal
- Photos cannot be shared or disclosed illegally
- Some states require warrants or suspicion for facial recognition
- Special rules may protect children’s privacy rights
While police have wide latitude to photograph in public, they still must adhere to these restrictions. Taking photographs cannot be done solely to harass, discriminate, violate privacy or interfere with lawful conduct.
Additionally, some states have specific laws limiting police use of facial recognition technology. And special privacy considerations may apply to photographing or recording minors.
When can you refuse police photographs?
There are limited situations in which a citizen can lawfully refuse police taking photographs:
- If you have a reasonable expectation of privacy such as in your home
- If done solely to harass or discriminate against you
- If demanded for facial recognition and your state requires warrants
- If you are a minor in some states with youth privacy laws
- If photography would reveal sensitive documents, trade secrets, etc.
Absent these kinds of specific circumstances, there is no right to refuse police photography in public places. While you can voice objections or complaints, you do not have the legal grounds to demand police stop taking photos.
You do always have the right to speak to a supervisor or attorney if you feel officers violated policies, harassed you or exceeded their lawful authority with photography.
Can you confiscate a police camera?
No, you never have the right to seize, destroy or tamper with any police equipment including cameras or cell phones being used to photograph you. That could potentially be charged as obstructing or assaulting an officer.
Even if you feel the officer is improperly photographing you, you cannot physically take their camera or phone. That will only result in your arrest.
The proper recourse is to file a complaint or lawsuit arguing the photography violated your rights. But resisting or obstructing officers by taking a camera is always illegal. The US Supreme Court has ruled citizens cannot interfere with police duties, even if they believe it is unlawful conduct.
When can police delete photographs?
Police officers are required to preserve photographs and evidence that could be relevant to an active investigation or court case. They cannot legally delete potential evidence photos even at a person’s request.
However, some exceptions where police may delete photos taken of a citizen include:
- If photos are accidentally taken of unrelated crime victims
- If it is determined photography violated a person’s civil rights
- If photos are inadvertently taken on private property
- If a supervisor orders deletion for violating policy
- If no longer relevant to an investigation and retention would violate privacy
While rare, officers do have discretion in limited cases to erase photographs that were taken mistakenly, unnecessarily, or inappropriately. But any potential evidence cannot be deleted even if a person objects to the photos.
Can you stop police from sharing your photos?
Police departments can lawfully share your photos for legitimate law enforcement purposes, even without your permission. This may include:
- Sharing with other agencies investigating related cases
- Adding photos to databases of suspects, offenders, gang members etc.
- Using photos to identify suspects in other crimes
- Releasing photos to media outlets to help identify suspects
- Submitting photos as evidence in court cases
However, restrictions include:
- Photos cannot be shared arbitrarily or for unauthorized purposes
- Special rules may protect sharing photos of juveniles
- Some states limit sharing photos for facial recognition
- Photos must be disclosed to defendants as evidence in trials
While police can share photos for legitimate reasons, they cannot disseminate them illegally outside of their duties. And defendants generally have the right to obtain photos entered as evidence against them.
Can you obtain copies of photos taken by police?
In certain situations, citizens can obtain copies of photographs taken of themselves by police under public records laws and evidence disclosure rules:
- If arrested, you can get copies of mugshots and booking photos
- If charged with a crime, prosecutors must share photos entered into evidence
- You may request copies of photos from your case files with some limitations
- General public records requests may produce photos in some cases
- Restrictions protect confidential records and ongoing investigations
However, police departments often reject requests for copies of random photos taken of citizens for general documentation or intelligence purposes. There is no universal right to obtain copies of photos that are not directly related to your own criminal case.
Can you prevent police photos from being published?
Citizens have very little ability to prevent police from lawfully publishing or releasing photographs taken in public places:
- Mugshots and booking photos are considered public records
- Police can share photos with media to help investigate crimes
- First Amendment protects media publishing lawfully obtained photos
- You would have to prove photos were confidential records
- Photos released for harassment might raise civil rights claims
While you can complain if police publish photos inappropriately, there is very little recourse to legally force them to withdraw photographs already released to media sources. Police enjoy broad powers to disseminate photographs for legitimate law enforcement purposes.
Do police camera videos raise different issues?
Police videos recorded from body cameras and dashcams raise some additional issues compared to still photographs:
- Continuous video may capture more sensitive details about citizens
- Some states have laws regulating public release of police video
- You may be able to obtain footage if you are in a video through records requests
- Police policies often place limits and redaction requirements on releasing video
- Officers have less discretion to delete lawfully recorded video
While police have wide authority to photograph in public, agency policies and some state laws provide additional privacy protections when it comes to releasing and disclosing police videos compared to still images. But the threshold issues of when police can record video remain the same.
Conclusion
Police have broad powers to take photographs and video while out in public spaces without warrants or consent from citizens. However, there are some limitations around reasonable expectations of privacy, harassment, evidence disclosure, and laws regulating facial recognition technology. Understanding when and why police can photograph citizens is important to assert your rights while also cooperating appropriately if faced with lawful police photography.