In a story that appears to be playing out with alarming frequency, police unlawfully detained an American citizen on U.S. soil. The man's crime? Taking pictures.
The incident occurred at a light rail station in Baltimore. Christopher Fussell, a student from Portland, Oregon, with a fascination in mass transit systems, was photographing and videotaping the station, when he was approached by Maryland Transit Administration (MTA) officers.
In the ensuing exchange, which Fussell captured on video, the officers betray a complete lack of knowledge of existing laws—and the rights of citizens:
Officer: Here’s my question. Given the heightened security, what possibly are you videotaping?
Fussell: I’m videotaping the trains that are arriving…. It is my understanding that I am free to take pictures as long as it’s not for commercial purposes but for personal use.
Officer: Not on state property, not without proper authorization.
Fussell: From who?
Officer: Nobody’s allowed to take pictures.
The MTA freely admits the officer was in error, not only in his contention that authorization is required to photograph an unrestricted public venue but in his subsequent citing of the Patriot Act:
Officer: Listen, listen to what I’m saying. The Patriot Act says that critical infrastructure, trains, train stations, all those things require certain oversight to take pictures, whether you say they are for personal use or whatever, that’s your story.
Police proceeded to detain Fussell for forty minutes, at one point threatening to take him into police custody for refusing to comply with the demand that he produce identification. The entire incident was a direct violation of Fussell’s Fourth Amendment rights.
In an effort to justify the officer’s behavior, an MTA spokesperson explained that their security personnel “have become very sensitive post 9/11.”
That explanation isn’t cutting any ice with the American Civil Liberties Union. Says David Rocah of the ACLU:
This is not South Africa under apartheid and in this country, police do not have the right to walk up to you and demand you produce identification to them.
Jonathan Turley, who teaches constitutional law at George Washington University, has also weighed in on the case. He adds, “What is most striking [about this confrontation] is how irrational it is. A true terrorist could conceal such cameras, use existing photographs, or satellite images, including Google Earth.”
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