2012 (1)
這是一篇攝影愛好者寫的文章,刊登在美國一個攝影網站上。我覺得這文章蠻有意思的, 特地轉來給大家看看.
作為攝影愛好者，公共場所抓拍也算是家常便飯的事情，然而...
Nearly Arrested Monday
Michael Hoffman 
, Sep 02, 2008; 03:54 a.m.
I was photographing at the Maryland State Fair on Monday. After snapping my 88th of 95 total images, I was accosted by a woman. She was literally screaming that I had taken her picture, that she didn't like it, and that I needed to delete it right away. In between cogent utterances she called me everything but a child of God, profanely. I walked away.
Then I heard a very tersly spoken, "Hey, you.". I turn around to find a Baltimore County police officer. He asked me if I'd taken a photograph of the woman. I said yes. He told me I needed to delete it or he would throw me off the grounds. I informed him that he had no legal authority to give me such an order. He asked if I wanted to walk with him to the gate. I said no. He accused me of failing to obey a lawful order. I said if he was ordering me to walk to the gate that I would go, but that I would not delete any images, and I would not leave the premise, as I hadn't broken the law. He demanded my camera. I responded, "No sir. Fourth Amendment.". He said we were going to talk to a supervisor, and I said I would enjoy that opportunity to state my case.
The irate woman and her now-irate husband followed, cussing me up one side and down the other. We arrived near the gate and met a patrol supervisor. The supervisor asked for my camera; I declined, politely. Incidentally, I work as a dispatcher for a statewide police agency in Maryland, so I know how to address police officers and to state my case while staying within my rights to do so. The now-irate patrolman asked me why I wouldn't delete the picture. I explained to him that I was not required to do so. He demanded my license, which I gave him. I also gave him the photographers' legal rights flyer that I carry in my wallet. He said it didn't apply to the situation. He then said, "What are you going to do, take the picture home and jerk off to it?". I asked the patrol supervisor how much more of that I needed to put up with. Just then the woman and her husband started yelling at me again. The patrolman said you're all about to get thrown out, and (pointing in my direction) you're going in. He then started to walk away. His patrol supervisor grabbed him by his collar, yanked him back, and told him that he didn't think I'd violated any law and to "knock it off".
I asked the patrol supervisor if I could go sit under a near-by tree away for the original patrolman and the angry woman with her angry husband in tow. He said, "okay, yeah.". He came over and asked to see my images. I told him I had to respectfully hold onto my camera. He said, "That's fine, but can I see the pictures?". I let him. He asked how many picture of the woman I'd taken, and when she objected to being photographed. I told him just one, and after the fact. By this time a crowd had gathered, and the original patrolman on the scene still had my driver's license. I went back to sit under the tree.
By this time, 15 or more minutes had passed. I remembered my camera (an Olympus E-420) had dual card slots and that there was nothing on the second (xD) card. I removed the CF card with the images from the camera and put it into my pocket, then called the supervisor over. I told him that since I knew I hadn't done anything wrong, but apparently wasn't going to make the woman, her husband or the first officer see it that way, I'd removed all the pictures from the camera and that there were no pictures on the card, and showed him the "no pictures" readout on the LCD. He thanked me, and told me to go take all the pictures I wanted, just no more of the irate woman. I agreed and shook his hand. I had to go back to get my license from the original patrolman, and the supervisor said, "I'm glad you thought of that before you had to go to the precinct to pick it up.". He wished me a good evening, and I left.
Stand your ground, folks; but be smart about it!
Michael J Hoffman
如果你想下載"Photographer's Right"
當然要是你懂法又很固執自己的權利，完全可以堅持。後果可能是真被以不服從警察指令而送監；法庭上被無罪釋放；你再追究警察侵權而打官司。何去何從實是仁者見仁智者見智的事。