Photographer's Complaint Upheld After Wrongful Arrest in Newmarket Suffolk

Photographer's Complaint Upheld After Wrongful Arrest in Suffolk

#NEWMARKETINCOLOUR

New market appear to welcome photography.

A photographer's complaint against a Suffolk police office, has been investigated by a joint professional standards department has been upheld following a troubling incident in Newmarket, Suffolk. Martin Brookes, a hobbyist photographer and blogger, was visiting the town when a member of the public objected to him taking photographs.

The situation escalated when an employee from a B&M Bargains store made false accusations against Brookes to both the police and himself.  A police officer subsequently stopped Brookes, demanding to see the contents of his camera.  Brookes politely refused, but the officer threatened arrest.

Despite there being no legal basis for the officer's demand, Brookes was arrested, handcuffed, and placed in a police car. The arresting officer insisted the situation could be resolved if only Brookes consented to a camera inspection.  Detained for an estimated hour, Brookes was eventually released, during his time in the police car he was additionally  arrested again based on the false accusations from the B&M Bargains employee. He was also de-arrested for that.

Before leaving the scene, Brookes demonstrably showed the officers the contents of his camera and phone, revealing only pictures of buildings and statues.  This seemingly prompted a stark change in demeanour from the arresting officer, who remarked that Brookes was "actually quite a nice person."

The incident highlights the importance of understanding individual rights regarding photography in public spaces.  While some locations may have restrictions, photographing buildings and statues generally falls within acceptable parameters.  It is also crucial for law enforcement to uphold these rights and avoid detaining individuals without reasonable suspicion.

Martin Brookes has expressed satisfaction after receiving written apologies from both Suffolk Police and the Suffolk and Norfolk Professional Standards Department.

Key points taken from Professional Standard Investigation Report.

The professional standards department found the actions taken 

by PC ###### have gone above and beyond what powers they have. PC ###### has a power to request but this is simply a request and not a demand, and you would not have to allow an officer to view the contents of your devices. 

there was no information to say that the contents of the devices contained illegal material and therefore there was no power to demand the devices. 

I am sorry in the way the demands were made and you were forced into showing the images on your camera. This should not have happened, and I apologise for any stress and anxiety caused. 

There was a clear misunderstanding of the law and powers and is a learning issue to be addressed to make sure that  it does not happen again. This will be done through some reflective practice that will be on the professional development record of PC #######. 

Additional comments:

Body Worn Video.

BWV was from PC #####. PC ###### did not 

activate their own BWV initially and even once activated 

it appears there was an issue with the Mic and it has 

not picked up any sound

Martin Brookes is currently in talks with Suffolk Police insurers.

I say:

Whilst I was taking a picture of a plastic horse near the B&M Bargains store, I was unexpectedly approached by an employee who made strange accusations and demanded to see my camera's contents. Rightfully, I refused her request and asked her to leave. The situation escalated further when she started yelling and made false claims of assault, prompting her to call the police.

According to B&M Bargains, the employee wasn't even on duty at the time of the incident, and they've apologised for the inconvenience. Thankfully, the security guard working at the shopping centre appeared calm and handled the situation well.

Following the encounter, I continued on my way, and was surprised to be stopped by a police officer later on in another part of town.

It's important to stay calm and collected in such situations. 

Here are some additional tips:

Know your rights: You have the right to take photographs in public places as long as you're not violating any specific restrictions.

Do not engage with someone making accusations: If someone confronts you aggressively, it's best to disengage and avoid an argument.

If the police arrive, be polite and cooperative: Explain the situation calmly and truthfully.

Consider keeping a record of the incident: Note down the details of what happened, including the date, time, and any witnesses present.