Photography Bay

Digital Camera News, Reviews and Tips

  • Reviews
  • Recommended Cameras & Gear
  • Learn Photography
  • Contact
  • About
  • Subscribe

Homeland Security Bulletin on Photographers and Federal Buildings

January 31, 2011 By Eric Reagan

The US Department of Homeland Security issued an “Information Bulletin” concerning “Photographing the Exterior of Federal Facilities” last year.  The New York Times passed along the bulletin last week when it obtained a redacted version.

There are a couple of salient points relating to photographers’ right outlined within the bulletin, which we already knew of course.  First, the bulletin notes that the Code of Federal Regulations specifically allows for photographers to take photos inside federal buildings.

Second, and perhaps more importantly, the bulletin reiterates the pre-existing law by noting that “absent reasonable suspicion or probable cause, law enforcement and security personnel [] must allow individuals to photograph the exterior of federally owned or leased facilities from publicly accessible spaces.”

For those unfamiliar with standards of proof in criminal law, reasonable suspicion requires facts or circumstances that would lead a reasonable police officer to believe that criminal activity is afoot.  Once reasonable suspicion is present, the officer is within his right to conduct a Terry-stop, which is a brief detainment for further investigation and generally includes a cursory pat down of the suspect’s body.

Probable cause requires facts or circumstances that would lead a reasonable person to belief that a person has committed a crime.  Once probable cause is present, a police office can make an arrest for a crime and conduct a search incident to arrest of the person and belongs in his immediate possession.

Outside of probable cause or reasonable suspicion, law enforcement has no right to detain or interfere with a photographer taking photos of a federal building from the sidewalk or other public area.

You can find the original Homeland Security Bulletin at the NYT.  I’ve also downloaded the document and made a smaller version of the PDF available here:  Homeland Security Bulletin

Filed Under: Legal Tagged With: civil rights, federal buildings, homeland security, Legal, Photographers, photography, public property, rights

 

Comments

  1. Amy Zeta says

    February 18, 2018 at 6:14 pm

    The Post Office will quote 39 CFR 232 . 1 Conduct on postal property. (I) Photography . Claiming they can stop you from photography. This CFR is from 1972 .

Support Photography Bay


Deals on Photo Gear

  • B&H Photo Deals
  • Refurbished Canon Gear
  • Refurbished Nikon Coolpix
  • Refurbished Nikon Gear

Recent Posts

  • Fuji GFX 100S Medium Format 102MP Camera Unveiled
  • Fuji Unveils X-E4 Camera, along with 27mm f/2.8 and 70-300mm Lenses
  • Sony Alpha A1 50MP, 8K Video, Full-Frame Camera Unveiled
  • Canon USA Targeted in Class Action Lawsuit Over Data Breach
  • Xcellon Wired Mac Keyboard Review

Pages

  • 2020 Cyber Monday Camera and Photo Deals
  • About
  • Camera and Photo Deals Newsletter
  • Canon 1D X
  • Canon 1Ds Mark IV
  • Canon 5D Mark III
  • Canon Rebel T4i
  • Contact
  • Disclosures
  • DSLRs
  • How to Subscribe
  • Learn Photography
  • NAB 2016 Live Blog
  • Nikon D4
  • Nikon D800
  • Photography Laws
  • Recommended Cameras & Accessories
  • Reviews
  • Sony Alpha A77

Copyright © 2021 | Photography Bay