Branch member Grant Smith has sent this account of a stop and search under s44 of the Terrorism Act. The incident happened earlier today in the City of London whilst Grant was doing some test shots for an environmental portrait of an architect. This comes just weeks after the Metropolitan Police issued new guidance to officers about using s44 on photographers.
The incident clearly shows how officers are continuing to abuse Terror laws and how security guards are abusing their position by calling the police every time somebody photographs a building, which they claim is not allowed, but is of course perfectly legal and legitimate.
Can I Please Have My Mobile Phone Back, Officer?
I spent the weekend in Derby at the National Photography Symposium and was involved in a panel discussion on ‘Photography, Security and Terrorism. How ironic that my first assignment back in London today saw me experience again the public humiliation of a detention and a physical search by a City of London police officer.
A security guard tries to stop Grant photographing a building. Image © Grant Smith 2010
Scouting for a location on London Wall for a portrait of one of the architect’s responsible for the City’s changing skyline, I went to One Aldermanbury Square. Loaded with a Canon g10, I wandered around the base of the building taking recce shots. A guard employed by the building waved his hands at me, asserting that I couldn’t photograph this building. As I stood on the pavement opposite the building I told him he was wrong, and I had every right to photograph, which I kept on doing. Another guard approached saying the same thing, and that if I didn’t move he’d call the police. (He recognised me from a previous occasion when he had warned me off, which had also resulted in a police response. On that occasion they were satisfied that I was within my rights and I had done nothing wrong. Thus the security guards had prior confirmation from the police that I was a photographer, not a terrorist.) I wandered back and forth, sizing up my locations and where I would place my subject. I walked along London Wall high walk, and saw the frenzied police activity below. Four officers had arrived and were in animated discussion with the guards. A police van with flashing lights sped out of Wood Street and eyeballed me, fixing my position. Uniformed police approached me from both directions. I continued walking and photographing. PC 374 walked towards me and greeted me with a cheery ‘Hello’. I responded in like fashion and continued to walk on as he spoke into his radio. He stopped me with his hand firmly on my chest. I asked if I was being detained.
‘I’d just like a word with you.’
Am I being detained? ‘Yes you are.’
Under what grounds? ‘Section 44(2) of the Terrorism Act.
Why? ‘If you’ll let me finish’, he responded. ‘And you are?’ He inquired the way a school bully might query anyone on their patch.
I wanted to know why I was being detained, and what were the reasonable grounds. ‘The guards at the building over the road alerted us to someone acting suspiciously. And under Section 44(2) we don’t need reasonable grounds.’
‘What’s suspicious about my behaviour. I was taking photographs.’
‘If you let me finish. The fact you were taking photographs, we’d like to know the reason. ‘
I said that I’m in the City, an area of iconic buildings and fascinating historical sites, that’s why I’m taking photographs. He replied with a cryptic answer:‘You’ve just explained it.’ I looked puzzled.
‘The very fact you were here at all is the reason we’ve stopped you.’
I explained that being in a public space I could not be prevented from taking photographs. He said the guards were wrong in trying to stop me. I felt relieved and thought that the whole affair would rest then and there. As I began to move away a second PC, PC29 moved from behind and took both my arms, preventing me from moving. PC 374 then told me he was searching me under s44, and he began to go through my pockets and pat me down. My phone was taken from me. The camera hanging around my neck was carefully removed and placed out of my reach. I asked several times if I could record this incident on camera and was denied this right, being told that under s44(2) I must do as ordered. The power was now in their hands. Mine were still being held.
PC went through my pannier, flipping through personal notebooks, gingerly peeking in a plastic bag that contained a towel and swimmers, still wet from my earlier swim. He located my wallet, and pulled out my drivers licence with obvious glee. Each time I attempted to move PC29’s grip on my arms became firmer. I moved to zip up my jacket, which had been unzipped in the search, and his grip tightened. I explained I was getting cold and would like to warm up. He agreed, but kept hold of me by one hand. I tried to move left or right and he blocked me. Repeated requests for my phone and camera were turned down. I asked to get pen and paper from my bag, and this was declined. I said I wanted to record the incident, only to be told that I will get their record at the end of the procedure.
Many times I asked why was I being stopped under s44. The answer I given was because of my obstructive and non-compliant attitude. Based on this observation, it then became necessary to treat me as a potential criminal suspect. I noted that s44 could be open to misuse, as it was so powerful and sweeping. PC374 replied ‘It has been said, but it is open for our use’ The implication being that it can be used on anyone who is non-compliant.
Waiting for the data base to give PC374 the all-clear on my record, I was kept hemmed against the barrier by PC29, repeatedly told that if I kept moving I would be handcuffed. This scene of public humiliation, as I was restrained and treated like a criminal, was watched by workers from the neighbouring building.
Once the all clear was given, PC374 tore off the pink slip of the s44 stop search form asking if I wanted it. I asked if I could carry on taking photographs, he turned his back on me like a petulant child, forgetting that his cap lay on the ground in the spot he had removed it earlier. Joined by a third PC, the posse then turned their back on me refusing to answer any further questions from me. I watched as the three of them walked away from me, with my mobile phone. Excuse me I called ‘Can I please have my mobile phone back?’
Grant is also one of the organisers of the I’m a Photographer, Not a Terrorist! campaign.
City of London, Police, Press Freedom, Stop & Search, Terror Laws
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on Monday, May 10th, 2010 at 1:08 pm by Jonathan Warren and is filed under News.
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And the Tories aren’t even back in power yet!
That is a fatuous remark Alan. Civil liberties have been hugely eroded under the Labour Govt. The Tories may be accused of many things, but not their record on civil liberties. The police state we are becoming is a direct result of ‘Statist’ big government. Many senor Tories have spoken out about just this kind of issue.
Sadly I agree with Alan….I remember the last Tory Government and I fear things will only get worse.
What a pair of asses. The Tories are against the Stalinist oppression of the New Labour Project (yes that’s the one that stuffed the working classes).
Grow up and don’t be so blind and stereo-typical.
This disgusts me. This is so very, very wrong and I hope our new government will quickly begin to address the erosion of our civil liberties.
These bootboys are like an army all geared up for a war with no-one to fight.
This continuing farce is an utter disgrace! Utterly unbelievable how we are being made ‘criminals’ for having the cheek to carry a camera! Are they planning on stopping and publically humiliating every artist/photographer/tourist even? This country relies heavily on tourism, and I can see hefty law-suits being pursued from visitors who may become victims of a heavy-handed group of officially sanctioned bullies! There is a HUGE mis-direction of funds and priorities being channeled here. It’s atrocious!
These police officers (bullies) should be fired for misuse of power. They gave up being police officers as soon as they chose to misuse section 44.
Therein lies the problem – the difference between ‘police officers’ and policemen (and/or policewomen if you must insist).
s44 is a complete joke, and it’s not funny. It will be used as a blanket excuse for these police ‘officers’ to do whatever they want to any civilian. They may be picking on photographers now but it’s going to get a lot worse than that.
That’s fucking appalling. Do you have the names of the officers responsible, is that on the pink slip? Can you complain?
hmmm doesn’t that sound so familiar i believe the year was 1920 something and it was based in a place called german?? now do you have your identity papers on you SIR?
Shocking. Time for another protest I think.
OUTRAGEOUS.
i feel disgust, nauseous and as i was reading a cold dread climbed up my spine.
This is so wrong on many levels! There are obviously police officers who like to abuse the rules and well they should be fired for that.
Simple as!
freakin’ outrageous! I’m afraid I would end up having my face planted on the sidewalk for fighting back. But then you can’t shoot with handcuffs on. But the references to the 1920′s in Germany are really to close for comfort.
Shocking!
They are just doing their job. I suppose you would all be complaining aswell,if a real terrorist was able to recce a potential bomb site without being spoken to, and then carried out an explosion!
A definite abuse of powers, I cannot agree with Glyn at all. Yes our police have a job to do, but I think they give photographers the heavy handed approach, when we show them we know what sec44 is and what are rights actually are.
Of course terrorists are able to recce sites to attack without being accosted by police officers, just the same as you and I can walk down any street we like without being asked to prove who we are or explain why we’re there. That’s how a free country works. If you can’t bear to live with any risk of crime, try North Korea.
Real terrorists have Google Earth & Google Street View
Same excuse as the Nazi concentration camp guards and the Gestapo at their war crimes trials.
Seem familiar!
With all due respect (to you as a human being), come off it Tim! The real terrorists are the people who pass these ‘laws’ and the people who do and will abuse them.
This is appalling. We are now a police state – George Orwell was right. Britain was once famous for freedom and tolerance – what went wrong? I am an architectural historian and lecturer, so am constantly photographing buildings in public places. Luckily mine are more likely to be rural, and we all know that you never see PC Plod in the countryside, no matter what crimes might have been committed. So I haven’t been stopped yet. But I have printed off the Met guidelines and carry them in my bag just in case. Brrrr – makes you shiver.
‘they are just doing their job etc’ is an extremely morose reply for what has happened to civil liberties and the erosion there of.It is the same as saying’if you’ve done nothing wrong, you have nothing to fear’and it is along these lines that police states and facist govt’s begin.
If you’ve done nothing wrong you’ve got nothing to hide.
Just doing their job? Don’t think so. Abuse of power perhaps.
When are they going to get the message. Meatheads.
Hello Andy,well do you not think they are only doing there job.the world we live in now requires rather different tactics than two or three decades ago.we do expect the met to protect us from bombers etc when in london, and has been said in the comments above we do have the right to take photos in public places ,I have spoken to the police and asked advice on taking picture at certain locations in London and always foun them very helpful and polite so I am rather suprised to read of these actions above as I have taken many thousands of pictures in london, I love london as every where you look as potographer you see pictures, would be interesting to see how many people have had this happen…TOM
publicity
About time this situation was sorted out! How many police officers does it take to check out one man with a camera and when it is eventually discovered that the photographer is only taking pictures – which is his right- then why are the idiotic security gaurds not given a ticking off by the police for wasting their time because that would put a stop to their games. Sympathies and support to Grant. Hope you got your phone back. Can’t see why they took that anyway?
Have you reported the theft of your mobile phone?
Grant tells me they did rather sheepishly return his phone
Jesus wept. It’s about time a protest was organised at One Aldermanbury Square. A constant stream of photographers down taking shots of that building might make the point to the employees that photography is not illegal! It would be interesting to see how much attention the police pay if the security guards were reporting photographers every day.
They’re power freaks, they love using/abusing their powers like this, they shouldn’t be in the police, they should be sacked
Outrageous! I hope you got your phone back!
This was all started under Thatcher and since the police have had the power they have extended it to suit their egos … and now security is beginning to dress like them and behave in the same manner ….. If we get a new Government you have to strike at them immediately, even and I would have thought especially refuse to cover anything for them for the press until they change the law and recognise cards from the photographic organisations, nuj, aop, etc.,
Every time this situation arises it is nearly always because a stupid, ill informed security officer thinks it is against the law to photograph in public. it’s about time one of these security guards was arrested for wasting police time.
I work with a lot of security guards who do know the laws, it is just this small minority who think they can bully law abiding members of the public, I am sure if they where to meet a real terrorist they would do nothing for fear of retaliation.
Please also will the people who say if you have nothing to hide, you have nothing to fear please wake up & smell the coffee, this photographer was held by force, searched, personally & through his belongings & for what??? Taking photos, sorry but this is a very very slippery path we are heading down…
From personal experience I’ve found city of London police to be a far more arrogant lot than the met, though both firms have enlisted arseholes of the highest calibre it seems.
I agree with derek seaward, this was started under thatcher and I can remember the change in police attitudes to the public.
I travelled a lot between Leeds & London at the time of the miners strike, back then just suspicion of being a mineworker was enough to be stopped and searched. They use to have look outs on the bridges over the M1 to spot likely looking vehicles that should be stopped and searched. It was all downhill from then to now.
Firstly the police officer should have warned the ” security Guard” that he had no right in blocking the photographers way. That in itself could almost be threatening behavior or possible assault.
If I am correct . Aldermanbury Square is not private property etc . There fore the Police officer has a duty to protect a member of the publics rights.
This is getting out of hand, something has to be done.
Derek is quite correct this did all start with the Tories under the guise of preventing flying pickets initially then extended to ‘prevent’ illegal raves and ‘new age travelers’ errr traveling!
To be forcibly detained, searched and your personal goods taken from you for taking photos is just beyond belief, can someone remind me this is actually the UK and not Berlin circa 1942..
A clear abuse of Police powers and something that cannot be allowed to continue.
Maybe we should flash mob the sites that call the police.
Flash mob with cameras, that’s well worth considering, Kevin! Let’s see the security guards react to hundreds of people with cameras converging on their precious little building.
THE POLICE ARE WANKERS DON@T TAKE ANY SHIT FROM THEM
As per usual, the Bloke With A Radio starts it off, but it’s the police who have the power – and clearly the will – to make a real pigs ear of things, in this case it seems because Grant failed to give the appropriate forelock tugging. The police could do themselves a big favour by instilling a sense of proportion in the minimum wage no-hopers who seem to start so much of this trouble, and start exercising a little common sense of their own. Respect is a two way street after all.
Righty ho then…
So knowing that he’s the reason the Police have been called when approached by an officer and spoken to, rather than stopping he ‘continued to walk on’ forcing the officer to detain him rather than engaging in a conversation.
When he’s being detained he keeps trying to move out of the grip of officers and reach for his pockets. If somebody tried reaching for something while I was detaining them I’d have them in handcuffs on the very real possibility they were reaching for a weapon.
While there are many innocent photographers that are law abiding citizens there are unfortunately also terrorists who do reconnaissance work on prominent buildings as has been discovered by investigations into previous terror attacks.
The security guards were wrong to tell him that he could not photograph the building but the Police were right to detain him as his behavior when they arrived was suspicious.
If he had stopped when the officer approached him and tried to engage him in conversation he would have been asked the reasons for his actions and if that seemed reasonable he would not have been detained further (as he says happened the first time he did this).
By acting out, trying to walk off when it was obvious the officer wanted to speak to him he is going to raise suspicions. Then rather than by asking questions by going ‘am I being detained, am I being detained’ he forces the officers hand. Rather than having a perfectly civil conversation with a photographer, the officer is confronted by an irate man who’s tried walking off from him, and now rather than answering simple questions is showing some resistance to being stopped by police. I would be bloody suspicious if someone did that and I would make damn sure of who the person was and why they were acting that way.
Yes in a wonderful world everyone could go about their business without being stopped or questioned, but it’s not a wonderful world. It’s a world with nasty people in it who kill people by blowing themselves and other people up. It’s a world where a guy goes onto a train with a bomb and kills lots of innocent people. The price of trying to stop that happening is occasionally being asked what you are doing. If rather than answering you start being arsey and arguing with the persons legal right to ask what you’re doing, you’ll get detained.
I’ve been stopped by police before, as has my father, as has my brother, as has a large chunk of my Irish family during the troubles. If you are straight with people and have some understanding of why they are asking you about your actions then chances are it’ll all work out. If you act out and make it difficult with obviously no concept of why the Police do what they do, then you’re going to get treated like someone with something to hide.
Honest to god, if people just behaved like adults (and that includes the few police that lack patience) the world would be a better place. Everyone’s got a job to do, some less pleasant than others. Try to understand why. It really isn’t that Police like wasting their time with photographers, it’s just that there is a genuine risk and we have to investigate things.
I’ve been on the receiving end of a lot of abuse from people regarding various things like this when all we’ve done is try to keep people safe and I feel quite passionately about it, and the need for such legal powers. I’ve had people get arsey with me for blocking their way when I was at a bomb cordon. ‘You’re abusing your powers’ ‘No, I’m trying to stop you getting blown up.’
One Aldermanbury Square is the Head Office of the Standard Chartered Bank, I believe. Their telephone number is 02078 858888. I would be inclined to telephone and suggest they ask the company providing their security service to develop some common sense, unless they want to become a target for the next “I’m a Photographer, Not a Terrorist” Group meet.
Like D above, I do think that while it is very wrong in principle if we are stopped from simply photographing buildings etc. in a public place, there are ways of doing same without provokig such reactions. The behaviour of the photographer should be fully co-operative with the police and not make life more difficult in an already awkward situations. If you were photographing a street scene I don’t thing the police would have much to say but wandering up and down one building to find exact locations probably warranted a quiet word with the owners in the first place just as if you were photographing people at close quarters in a street scene would demand similar courtesy. We must not get on our high horse and pretend it is always the fault of the police. In the case quoted, the photographer might have been technically correct but did not do our cause a lot of good. Common sense on all sides must come first.
I’m afraid “D” has completely misread the story here….
The gentleman in question has been stopped before, was co-operative before, and in this case responded with a friendly “hello” as the officer approached him. The officer initally appeared friendly, then turned into Mr Attitude. There is absolutely no excuse for his or any of the other police officers behaviour in this incident. The basic story is “We’ve received a report, we’re not going to ask your side of the story, we’re just going to stop and search you. We can, so just shutup and suck it up”.
If you really think that is appropriate behaviour from a police officer, please go and be a police officer in the military, or preferably in another country. But don’t try and stop photographers carrying out their basic civil right of being able to carry on with their hobby or their work. If you do, you risk – as these officers now risk – being on the wrong end of a very expensive, very embarrassing lawsuit against hopefully a very unsympathetic (to the police) judge, who will slap a hefty fine on the City Police and with luck imprison the officers involved for illegal use of police powers.
My Swedish photo partner was hustled into a London alley by what looked like two thugs 3 years ago, as we took pictures in a busy square in midday. I thought he was being robbed and started yelling. When they said they were undercover police, I asked for ID and was shown a tattered looking badge and what looked like a tazer gun under one’s jacket. “Proof enough for you, lady?” They took our passport info and were anything but polite. To hell with London.
How many terrorists walk back and forth in a public square with large cameras and full equipment, taking pictures in midday? If it is forbidden, signs should be posted.
[...] http://londonphotographers.org/2010/05/abuse-terror-laws-continues/ Posted by Duncan Loughrey Filed in Uncategorized Leave a Comment » [...]
Im shocked it took until reply 179 for someone to mention flashmob. This stems from a dutch method to counter police abuse of powers in the 60′s where they carried ‘herbs’ openly until the police gave up the harsh operation they were conducting. Those who work in london need to constantly saturate these areas pulling the police tail carefully. Ive no idea or experience of flash mobs bar the news reports but these seem ideally suited to this type of action. I also agree this began more openly under thatcher – sadly labour have confirmed that all governments abuse existing legislation. Tradition innit. Good luck.
> Alan says:
>
> And the Tories aren’t even back in power yet!
All these regulations came in under your beloved Labour government. How on earth can you blame the Tories?
No wonder Brown and Blair have been able to get away with this stuff, if their loyal followers have a convenient blind spot to their failings.
The Tories have been campaigning on a civil liberties ticket – dropping the ID card and destroying excessive police DNA records to give two examples.
Surely if a terrorist wanted to take pictures there are 100 and 1 way that they could take pictures or even videos covertly and draw no attention to themselves at all. I’m surprised the Security Guards don’t call the cops everytime they see someone carrying a bag or wearing glasses! Half the time I think the guards only say something as they are board. And some coppers love to through there weight around and section 44 lets them do just about what they want!
Sad times………..
This shows a woeful ignorance of the Law of the Land:
1. Police officer: requests Name and address (which makes an ‘invisible contract’ committing you to statute!)
2. Photographer: “Am I OBLIGED to give you that information?”.
3. Policeman: “yes”.
4. Photographer: “under what LAW and what AUTHORITY?”.
5. Policeman: “section 44 of the counter terrorist act and because I’m a Policeman”.
6. Photographer: “You are aware that failure to differentiate between a LAW and a STATUTE is a serious offence, tantamount to fraud?”
7. Photographer: “Furthermore, we are ALL EQUAL under the law”. (A maxim).
IF
8. Policeman: “you’re under arrest, you have the right to etc… do you UNDERSTAND (another invisible contract) your rights?”.
9. Photographer: “NO, all my inalienable rights are reserved”.
10. IF a search is conducted or you are forced to answer questions, or otherwise comply under duress you should state that you are ONLY complying under threat and duress.
Then sue them for unlawful arrest, abuse of process etc. Knowing your lawful rights is the only way to protect them.
Statutes are given the force of law by the CONSENT of the governed – the police have NO right to detain you if you have committed no breach of the peace and cause no harm, injury of loss to another human being.
Spread this around:
http://www.tpuc.org
The thing that really scares me is “We don’t need reasonable grounds”.
So the police can pick anybody up just for being there. Because they’re black. Have a beard. Are wearing jeans with a hole in. Have long hair. Spiky hair. No hair.
Or as AE Housman said – “They’re taking him to prison for the colour of his hair.”
We are now GUILTY. And can’t even prove ourselves innocent. And I am really rather frightened.
[...] http://londonphotographers.org/2010/05/abuse-terror-laws-continues/ [...]
Things have started to get a bit sweary here, I’ll be deleting any more abusive comments.
Well, I was thinking of flying to London for a lengthy vacation this year.
I am now canceling, and I suggest others do the same, unless they love having to deal with thugs in the guise of police uniforms.
I thought the Gestapo were wiped out in WWII.
Guess I was wrong, they are live and well and patrolling London, ready to beat down anyone with a camera!
[...] NUJ Photographers Branch has Grant Smith’s account of what happened to him yesterday, 10th May, and clearly the police [...]
Tom Howard said, on May 11, 2010 at 7:53 pm…
“well do you not think they are only doing there job.the world we live in now requires rather different tactics than two or three decades ago.”
Tom, you’ve been taken in by the likes of the Daily Mail and other hysterical worried well whingers. The wor;d today is safer than it was two or three decades ago. Have you forgotten the IRA, for example?
You and the hard-of-thinking should realise that 24 hours of news coverage means 23 and a half of them are filled with non-news, sensationalism and lies. The reason you hear about more crime on the news is because there is more news, not because there’s more crime.
they came for the photographers,
and I didn’t speak up because I wasn’t a photographer
then they came for the journalists,
and I didn’t speak up because I wasn’t a journalist
then they came for me
and by that time no one was left to speak up…
Kev.We realy are in a more dodgy world you refer to the IRA bad enough yes but they did not want to blow them selves up these people today will blow them selves up in order to kill as many of the public as they can . the police must check any person acting rather strange. for all our sakes this we will have to live with. things will never be like they were in the days of the IRA.just think back to the Bombing on the underground and on the bus in london.do we want this again all this carnage I dont think so but the risks are there .TOM>
Any CCTV covering the incident? Why not search on the ICO website and make a subject access request? Should only cost about £10.
http://www.ico.gov.uk/ESDWebPages/search.asp
Ever read ‘V’ for vendetta, an Alan Moore graphic novel about a future setting Conservative police state?
Was written in the early 80′s, but is strangely accurate.
Start a anti-tourism campaign scaring tourists by way of saying that if they take pictures in England they WILL be detained and arrested.
People, we are living in a realistic world were terrorist uses surveying building for possible targets. If anything happen in London again like the previous time and if it was said that people were spotted taking pictures of the area and the buildings and none was reported, they would have blamed the police again. The People put on this earth to protect us are doing their best I do agree sometime they might miss use their power but that is in isolated incidents. You want to tell me none off you have miss used your authority or power to get a job done.
I think in this case they acted correctly as the security guard clearly felt the photographer was a suspicious character and it was public duty to inform the police to prevent anything happening to the building he was assigned to guard.
The only person I think was in the wrong was the photographer as he immediately showed resistance when he was asked kindly to not take pictures. All he had to do was showed Identification or speak to the head of security. Instead he ran to daddy and made a complaint.
I thank the people that are trying their best to keep this country and the people in it as safe as possible.