The Police and Photographers

mcdiejdh said:
Hi there,

I lecture in forensics at a college. I do the forensic IT and Chemistry.

As far as I am aware if the camera card is inserted into a PC then a log / data marker should get added to the card unless the PC used is set so as not to write to the card in any way. If the card was haphazardly inserted into a PC then the evidence would not be allowed since the police could not show continuity of evidence yada yada yada........

Any tampering with the camera, including removing the card should only be done by forensics since by removing the card they are tampering in uncontrolled conditions and this would need to be documented along with reasons why.

I know that if I take the card from my D50 and just insert it into the Pc then data is changed since upon replacing the card in the D50 it will not show the thumbnails.

Hope it all sorts.
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Forensics for something like this? Really don't think that all that would be nessasery protocol for such a petty thing. I've watched enough CSI to know what I'm talking about! :p
 
Was not suggesting calling upon forensic evidence.

But it does answer the question of:

could they look at the photos and randomly delete one or two etc.

The answer to which is NO for deleting and yes to look at providing it was done in a sound manner.

As for taking the camera they have a right to sieze any item they see fit. This all links with PACE and powers to take any item they feel is linked.

With the involvement of a solicitor etc. the police are now in a position where they could in effect be on trial and as such a prosecution and defense could call upon whatever they feel they need to prove guilt or innocence.

Would I push it that far ......

NO

but I would request proof of my prints / DNA being destroyed if I was not charged.
 
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I did ask for PACE to be read to me where it states public photography is an arrestable offense and which allows a doorman to detain me. I'm still waiting.

Well it has been taken to IV Photographic which is a dept of forensics.

But the fact remains they have in thier possesion my only means of work, sooo it's not like they just seize a lorry or a shop and there be no repercussions if proven not guilty. the longer they have it the more it is costing me and i suppose themselves. I either loose out or have to at my own expense hire a dSLR, it's lucky that i didn't have a wedding on this weekend isn't it.....

'With the involvement of a solicitor etc. the police are now in a position where they could in effect be on trial and as such a prosecution and defense could call upon whatever they feel they need to prove guilt or innocence.'

You could look at it that way but.. i am the accused and i have right to defend myself through a solicitor...
 
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Complex issue.

Just been reading the act again....

19:-- General power of seizure etc

(1) The powers conferred by subsections (2), (3) … below are exercisable by a constable who is lawfully on any premises.

(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing –

(a) that it has been obtained in consequence of the commission of an offence; and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing

(a) That it is evidence in relation to an offence which he is investigating or any other offence; and,

(b) That it is necessary to seize it in order to prevent the evidence being concealed, lost or destroyed.

My guess is they are holding it on 19,3(a)

try this link:

http://www.swarb.co.uk/acts/1984PoliceandCriminalEvidenceAct.shtml

also read section 22 on retention

Good luck and hope it sorts out soon. :)
 
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Well, if they're n00bish enough they may think it has internal memory, thus could be seen as evidence.
 
I got a phone call yesterday (10days after) that i can collect my camera eqiupment, so the lens will be going to local camera repair shop to get checked out as soon as i collect it. Not happy it's taken this long and that i've had no communication from anyone at the cops (bar the collection message)
 
One thing I noticed while in London (in London Wall Rd.) was a golden metal line on the pavement, about 10m from the buildings, and some lettering saying something along the lines of 'anything within these lines is not in the public way but within the premises.'

I found this a bit absurd because its clearly a public area in the middle of the street, but I thought at the time maybe its some form of protection to make it illegal to peer in through windows with a camera...

Where I am going is that maybe technically you were 'within their premises' and the bouncers know this and they took advantage of it.
 
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