Legal Question in Criminal Law in California

Police Photographing of Citizens

Is there case law that prohibits law enforcement from taking photographs of citizens? For example, Officers conduct a search warrant. While conducting the search, two citizens arrive at the location. One of the individuals was a suspect in criminal activity. The other individual was not linked to criminal activity. Police took photographs of both individuals.


Asked on 11/16/00, 4:36 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Police Photographing of Citizens

The answer to this question depends on many facts not discussed here, and is very complicated. It may have been legal, or it may not have been legal. But if neither of the other 2 were arrested, then neither of them will have any opportunity to complain about it in court. If either one gets busted later, then maybe they will have the right to challenge the taking of pictures in their own case. Best of luck to them.

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Answered on 11/27/00, 1:31 pm


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