When it comes to detaining you, law enforcement officials tend to be authoritative first, and take immediate offense to any challenge to their authority. You always have the right to request that a supervisor respond to the scene. But bear in mind, the supervisor will talk to his officers first. Just be cordial, and know your position within the law.

Rent-a-cops and wannabes live for just these types of situations. It gets their juices flowing and gets them pumped up. But they have zero authority to detain or interrogate you outside of their places of employment. And if you are on public property, you are outside the the grounds of their place of employment. Their legal ability to detain or question you even within the bounds of their place of employment is tenuous at best.

In any case, they have no more authority to lay their hands on you, or your equipment, than you do to them. If they touch you, they are making themselves and they employer liable to charges of battery. Assault is a verbal threat of harm. If they physically touch you, it's battery.

Just like with the "legal" authorities, remain calm, be cordial, and be informed. Knowing your legal position is the best defense you can have. Don't bother with the wannabes, just call the police.

Conclusion
The events of September 11 have given rise to a need for caution among our protectors. Sadly, in some cases, those in positions of authority have taken these events as an excuse to fabricate non-existent laws and to use Gestapo-like techniques to illegally harass and intimidate photographers.

Your best defense against over-reaction is to be informed and know your position within the law. Remaining civil, being cooperative to the extent of your comfort, and carrying proof of your rights can go a long way to quickly resolving any issues. In the event of the worst of circumstances, locate a good civil rights attorney.

If you've had any interesting conflicts you'd like to report to other readers, let us know at editor@connectedphotographer.com. Please use the subject line "PHOTOGRAPHY AND THE LAW". If you see any interesting news reports on this topic, please feel free to pass them on to our news desk, at news@connectedphotographer.com. Please use the subject line "NEWS - PHOTOGRAPHY AND THE LAW".

Joe is a ZATZ associate editor. Prior to this job, he was customer support manager for the FileFlex database engine.