Is the arrestee's right to privacy violated if a photograph of him is published by the police?

California, United States of America


The following excerpt is from Loder v. Municipal Court, 132 Cal.Rptr. 464, 17 Cal.3d 859, 553 P.2d 624 (Cal. 1976):

In addition, the suspect's right of privacy is not violated by prompt and accurate public reporting of the facts and circumstances of his arrest: 'It is also generally in the social interest to identify adults currently charged with the commission of a crime. While such an identification may not presume guilt, it may legitimately put others on notice that the named individual is suspected of having committed a crime. Naming the suspect may also persuade eyewitnesses and character witnesses to testify. For these reasons, while the suspect or offender obviously does not consent to public exposure, his right to privacy must give way to the overriding social interest.' (Briscoe v. Reader's Digest Association, Inc. (1971) 4 Cal.3d 529, 536, 93 Cal.Rptr. 866, 871, 483 P.2d 34, 39, see also Kapellas v. Kofman (1969) 1 Cal.3d 20, 38, 81 Cal.Rptr. 360, 459 P.2d 912.)

Next, the information derived from the arrest may be used by the police in several ways for the important purpose of investigating and solving similar crimes in the future. We have held, for example, that a photograph taken pursuant to even an illegal arrest may be included among those shown to a witness who is asked to identify the perpetrator of a subsequent crime. (People v. McInnis (1971) 6 Cal.3d 821, 825--826, 100 Cal.Rptr. 618, 494 P.2d 690.) This is a fortiori permissible in the case of a lawful arrest; and the same identification function is served, of course, by the arrestee's fingerprints and other recorded physical description.

Other Questions


Is there any case law that supports the argument that a person's right to privacy is violated by the police? (California, United States of America)
Is an invasion of privacy a violation of the state constitutional right to privacy if the invasion is justified by a competing interest? (California, United States of America)
Does a Defendant have a right to refuse a blood test on the grounds it would violate his privacy or his right against self-incrimination? (California, United States of America)
How have courts considered the importance of privacy rights in the context of First Amendment and First Privacy Rights? (California, United States of America)
Can a police officer who makes an uninvited entry onto a private property violate the occupant's Fourth Amendment right of privacy? (California, United States of America)
Does the admission of evidence in a civil case of criminal proceedings against Fuentes violate his federal constitutional right to exercise his right to privacy? (California, United States of America)
Is the condition that requires an individual to be searched by a police community support officer while he is in rehabilitation a violation of his electronic privacy right? (California, United States of America)
Is a police officer required to warn a suspect in police custody of their Miranda rights? (California, United States of America)
Can a police officer enter the curtilage of a house in violation of the implied invitation of the homeowner's privacy? (California, United States of America)
What is the effect of a police violation of the Miranda rights of a suspect? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.