NCJ Number
66587
Journal
POLIZEI Volume: 68 Issue: 8 Dated: (AUGUST 8, 1977) Pages: 249-254
Date Published
1977
Length
6 pages
Annotation
WEST GERMAN LEGAL REGULATIONS WITH REGARD TO THE POLICE RIGHT TO PHOTOGRAPH AT PUBLIC GATHERINGS ARE ANALYZED.
Abstract
THE USE OF PHOTOGRAPHIC EVIDENCE OBTAINED AT MASS MEETINGS POSES NUMEROUS LEGAL PROBLEMS WHICH HAVE NOT BEEN FULLY EXPLORED. WEST GERMAN LAW MAKES A BASIC DISTINCTION BETWEEN MEETINGS WHICH SERVE ENTERTAINMENT PURPOSES (E.G., CARNIVALS, SPORTS EVENTS) AND MEETINGS WHICH SERVE PRIMARILY SERVE TO EXPRESS PUBLIC OPINION (E.G., RALLIES, POLITICAL DEMONSTRATIONS). ASIDE FROM PARTICULAR SITUATIONS (E.G., THAT THE PHOTOGRAPHED INDIVIDUAL IS A PUBLIC FIGURE OR HAS GIVEN PRIOR CONSENT) INDIVIDUALS HAVE THE RIGHT TO THEIR OWN PHOTOGRAPHS AT ENTERTAINMENT GATHERINGS. HOWEVER, THE POLICE ARE LEGALLY PERMITTED TO TAKE PICTURES OF INDIVIDUALS ACCUSED OF CRIMES. WHETHER THE SAME RIGHT EXISTS IN CASES OF MISDEMEANOR IS DEBATABLE. THE POLICE MAY PHOTOGRAPH FOR THE SOLE PURPOSE OF CRIMINAL IDENTIFICATION ACCORDING TO THE PRINCIPLE OF PROPORTIONALITY (I.E., THE CONCERN FOR PUBLIC SAFETY MUST OUTWEIGH THE CONCERN FOR INDIVIDUAL RIGHTS). THE LEGAL USE OF PHOTOGRAPHIC EVIDENCE IS DETERMINED BY THE PURPOSE FOR WHICH IT WAS ORIGINALLY OBTAINED; THUS, PHOTOGRAPHS INTENDED TO SERVE AS COURT EVIDENCE CAN ONLY BE USED IN COURT. PHOTOGRAPHIC EVIDENCE MAY BE PRESERVED AS LONG AS THE LIKELIHOOD EXISTS THAT THE INDIVIDUAL WILL CONTINUE HIS CRIMINAL ACTIVITY. IF THIS LIKELIHOOD DOES NOT EXIST, THE PHOTOS MUST BE DESTROYED AT THE INDIVIDUAL'S DEMAND. EXPERTS DISAGREE AS TO WHETHER THE TAKING OF PICTURES AT MANIFESTATIONS OF PUBLIC OPINION DOES NOT CONSTITUTE A VIOLATION OF THE CONSTITUTIONAL RIGHT TO CONGREGATE. HERE AGAIN THE PRINCIPLE OF PROPORTIONALITY SHOULD APPLY. THE ARTICLE CONTAINS FOOTNOTES. FOR RELATED DOCUMENT, SEE NCJ 66588. --IN GERMAN. (SAJ)