Is it legal to take pics/record people in public without their permission?

Question

This guy keeps on taking pictures of my friend and one time he recorded her with a camera. She warned him and he didn't stop. What can she do? Please, this is serious. According to a policeman, he said it's legal. "people record/takes pictures of us all the time(police)"

thanks in advance

the guy is taking a picture her alone, not everyone

it's a with a video camera. My friend did tell me that one time that she saw a flash through his window when she looked at it.

Answer 1

This is a laymans view I am not a lawyer or law enforcement professional.

This depends upon the conduct of the individual taking the pictrures and the laws of the state where the pictures are taken.

It is true that the individuals right to privacy is greatly reduced when out in public. However, the individaul has the right not to be stalked. if you are being stalked then go see the district attorney responsible for this sort of law enforcement and file a complaint and get guidance on using the law to protect yourself, such as a restraining order. If you need iummediate help go to the police and escalate the matter untill you speak with an officer who understands the stalking laws and helps you out. The initial office working the street ofetn is not the correct individual and you may need to have this person get his supervisor or you may need to go to the station.

OK - So Mikeysco the cop appears to minimize your fear and claims no law against it in his response. This is my point....a single cop who tells you that there is no problem is often not correct. Your friend needs to start a log and record the incidents and the cops name and badge number rendering "assistance". If your friend can prove harrassment or credible fear the authorities must take action. Here are the facts (Mikeysco dispute them if you like but this is California law, where you live and provide services as a cop):


Stalking
The act of threatening, harassing, or annoying someone, especially with the intent of placing the recipient in fear that an illegal act or an injury will be inflicted on the recipient or a member of the recipient's family or household.

All states have anti-stalking laws, but the legal definitions vary. Some state laws require that the perpetrator, to qualify as a stalker, make a credible threat of violence against the victim. Others require only that the stalker’s conduct constitute an implied threat. The model anti-stalking code developed by the National Institute of Justice doesn’t require stalkers to make a credible threat, but it does require victims to feel a high level of fear


California was the first state to pass an anti-stalking law in 1990 in response to the stalking and murder of actress Rebecca Schaeffer. Now, all states have anti-stalking laws

Make a police report. Consider getting a restraining order if you have been physically threatened or feel that you are in danger. Study your state’s stalking law to gain a clear understanding of what conduct constitutes an offense under the statute. You should contact an attorney or legal aid office if a restraining order becomes necessary.

When filed with the court, a restraining order legally compels the harasser to stay away from you, or he/she can be arrested. Be aware that papers filed for a restraining order or police report may become public record. Put minimal amounts of information on such documents and provide only a post office box address.

Answer 2

Get a No Cost Background Check Scan at https://bitly.im/aNKHz

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 3

Generally, I emphasis, generally, it is not illegal to take a picture of some one or some thing in a public place.

Think about it, if it was, they would have to bar cameras at the gates of Disneyland.

With that said, your friend does have some degree of protection from unreasonable harassment and intrusion of privacy, even in a public place. However, asserting that right in a legal manner could be an expensive and virtually impossible proposition.

The best advice is just get away from the guy.

Answer 4

It is legal, because what happens in public is for the public eye. That is how popparazi get away with taking unsavory photos, but get into trouble when they take pictures through windows (big huge no no) Anyway, as for your friend, she will need to alert authorities, as there are 'stalking' laws in many states. Also, she can get a restraining order for a nominal fee. Unfortunately, if he breaks the restraining order (he'll know about it when he's served with it) his next violation could be caculated and deadly.

Answer 5

The rights of photographers under the Constitution are expressed in sparklingly clear language in a legal memorandum on the "Rights of Journalists on Public Streets" which is available on the website of the National Press Photographers Association. I will now quote liberally from this very helpful document.

In general, the right to take photographs on the street is the same for members of the public as it is for journalists. So, if you're a member of the public, rather than a journalist, most of this applies to you too.

Although not unlimited, the media [and the public] enjoys a broad right of access under the First Amendment to photograph in public places such as streets and sidewalks. These rights are rooted in the First Amendment's strong protection of speech within "public forums." A "public forum" refers to a public place historically associated with free expression. The most commonly recognized examples include streets, sidewalks and parks. Within these areas, the government's ability to limit the public's speech is extremely limited.
[my emphasis]
Great. So taking photographs on the street is a constitutionally-protected activity. This means that the government is not supposed to restrict your right to photograph or videotape in public places, with very few exceptions.

But surely, the laws must have been changed after September 11th to reflect the new reality of the Global War on Terror (GWOT)? According to the legal memo, from the Washington, D.C.-based firm Covington & Burling:

[T]he case law does not reflect any narrowing of media rights within public forums in the name of national security. Moreover, no specific post-September 11 federal law grants the government any additional rights to restrict visual newsgathering, photojournalism or photography generally.
[my emphasis]
The memo does point out that a "public safety" exception exists for certain First Amendment activity. For example, a photographer may be ordered off a public sidewalk to maintain traffic flow and the like. But, "[C]ourts have found that the government cannot restrict protected First Amendment activity by merely invoking 'public safety' without any supporting evidence." That means the police must have a solid, factual basis for telling you to move on.

Answer 6

I'd get a gun so every time he looked at you or your friend he could get a close up view of the iron you'll be adding to his diet!!!! I went through the same thing until a policeman told me that if he made a report of it he'd have to back it up. With no one around it never did happen. There are alot of BB guns out there that look so real they make a policeman jump!!!!!!

Answer 7

Yes sorry to say it is legal. Turn the tables on him.Take his picture and record him. Be sure he know you are doing thin. i think you can eventually get a restraining order against him but basically the Police is right.Sorry

Answer 8

The filming area is legal in case you're outdoors. in case you're in a public library, they could have their personal guidelines it truly is helpful to stay with. despite the indisputable fact that, the getting close to to strangers area is somewhat tricky. this can be construed as harassment, and get you into severe problem.

Answer 9

Well, soryy for the cop. But, he's wrong. Is this stalker dude taking pictures of HER in paticular, or everyone? If it's just her, she can always get a restraining order, but that's expense and takes a long time. If your friend is under 18( prbably not but still), it's REALLY illegal. But, yes, it is still illegal. People don't generally pay attention to this law, though.

Answer 10

these days

cell phones are taking movies

legal or illegal sort of doesn't matter

if they sell the movies on internet , maybe demand a cut