Private investigators and the public can take pictures or video of Federal builings (courthouses) without fear of being arrested.
The public has the right to take pictures of public buildings from public spaces. You might want to print out this version and tuck it in your camera bag in case you’re challenged in the future.
In an ideal world, there wouldn’t be anything exceptional about this statement. But nothing has been ideal for photographers since 9/11. The mere invocation of “security” seems to trump every other consideration, including logic and the law.
That’s why the New York Civil Liberties Union was so pleased with the settlement it reached in October with the Federal Protective Service of the Department of Homeland Security. (“You Can Photograph That Federal Building,” Oct. 18, 2010.) In the settlement, the agency pledged to inform its officers of the public’s general right to photograph the exteriors of federal courthouses.
Now, the civil liberties group has received a redacted version of the directive that was sent out last year. Significantly, it embraces federal buildings — not just courthouses — nationwide.
The three-page bulletin reminds officers, agents and employees that, “absent reasonable suspicion or probable cause,” they “must allow individuals to photograph the exterior of federally owned or leased facilities from publicly accessible spaces” like streets, sidewalks, parks and plazas. Even when there seems to be reason to intercede and conduct a “field interview,” the directive says:
Officers should not seize the camera or its contents, and must be cautious not to give such ‘orders’ to a photographer to erase the contents of a camera, as this constitutes a seizure or detention.
Pdf. link:
http://www.scribd.com/doc/47627164/FPS-Information-Bulletin
Link:
http://lens.blogs.nytimes.com/2011/01/27/see-officer-i-can-too-take-that-picture/