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Re: Removed from a train by the NYPD this morning

Posted by Terrapin Station on Mon Aug 14 10:40:34 2006, in response to Removed from a train by the NYPD this morning, posted by Canton Viaduct on Mon Aug 14 10:19:26 2006.

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This is an outrage!!



This THREAD at RR.net nicely summarizes what your rights are when you are stopped by police while doing a 100% legal activity. In short, the next time you are stopped:

1. Follow the policeman's initial orders (i.e. get off the train)
2. He'll ask you what you are doing - tell him you are a railfan taking photos of the subway
3. He will probably ask for your name, SS#, and/or ID next. At this point you can tell him that you were doing a 100% legal activity, you do not wish to provide any of that information, and unless he has reasonable suspicion that you were doing an illegal activity, you would like to go and continue what you were doing.
4. At that point, he has to either let you go or arrest you. Most likely he will let you go, but if he arrests you, you stand to make some good money from the lawsuit you'll be filing!

And remember:

1. You do not have to show him your photos. If he asks to see them at a very minimum tell him it is a new camera and you don't know how to review them yet.
2. Giving him any info like your name, SS#, and/or ID is totally voluntary, even though he told you that you HAD to provide it.
3. You should NEVER volunteer to delete your photos, because the policeman might just take you up on the offer
4. You should never delete your photos if HE tells you to. That is an illegal directive that you do not have to comply with.

Please don't let this experience deter you from continuing to take AWESOME photos in the subway! Your photos are an asset to this board!



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