As 2011 drew to a close there were stories from all over the United States about police detaining and arresting photographers who were doing nothing illegal, who were taking pictures of public activities in public places, many of them trying in one way or another to cover the various “Occupy” events in American cities and also the day-to-day activities of their local police. But since photography is not illegal, and since it’s still a First Amendment protected form of expression, these photographers had to be charged with other crimes – trespassing, or resisting arrest, or disorderly conduct.

Police who practice this “catch and release” method of getting photographers out of their hair know, for the most part, that the journalists will likely never actually face a day in court or be convicted, because prosecutors or higher ranking police usually dismiss the charges and offer up some lame public apology, saying it won’t happen again. That it was all a misunderstanding.

And despite it being an unlawful arrest, almost never are there any serious consequences for the misconduct of the police. In the aftermath the photographer walks away with no arrest record, usually without running up huge legal fees. And the police have what they wanted: they stopped a journalist from taking pictures of them doing whatever it was they didn’t want the public to see.