Legal Question in Constitutional Law in District of Columbia
Asking photographers for identification
In Washington, DC, where I live, private security guards and the police often try to stop people from taking photographs of Federal buildings. There are no laws against taking photographs of Federal buildings from public streets.
Sometimes the police ask for identification from photographers who are taking photos of Federal buildings and other facilities.
In light of Hiibel v. Sixth Judicial District Court of Nevada in which the the Supreme Court ruled that requiring somebody to show identification ''under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime,'' or to ''ascertain his identity and the suspicious circumstances surrounding his presence abroad,'' is asking a photographer to show identification legal? Can the police ''stop and identify'' somebody who's legally taking photographs and who is engaging in no other activity other than taking photographs?
Does photography itself rise to the level of suspicious activity, especially since photography is a very common activity among tourists and others in Washington, DC?
2 Answers from Attorneys
Re: Asking photographers for identification
No, such photography as you've described (without more) should not be regarded by law enforcement authorities as having attained the threshhold of suspicious activity, and the very idea should be adamantly resisted by all who value free expression and the other precious freedoms embodied in the Constitution of the United States.
Re: Asking photographers for identification
The First Amendment is of paramount importance in your question.
However, keep in mind that Hibel said that if the police had reasonable suspicion ( does not violate the 4th Amendment)and asked only a minimally intrusive question (does not violate the 5th Amendment) that it was permissible.
Keeping your case in mind...If the police do not have reasonable suspicion to question your journalistic photography I would get a lawyer if you are challenged by District police.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
