"If an officer sees someone taking pictures of something like a refinery," says McDonnell, "it is incumbent upon the officer to make contact with the individual." McDonnell went on to say that whether said contact becomes detainment depends on the circumstances the officer encounters.Police Chief Confirms Detaining Photographers Within Departmental Policy
McDonnell says that while there is no police training specific to determining whether a photographer's subject has "apparent esthetic value," officers make such judgments "based on their overall training and experience" and will generally approach photographers not engaging in "regular tourist behavior."
This policy apparently falls under the rubric of compiling Suspicious Activity Reports (SAR) as outlined in the Los Angeles Police Department's Special Order No. 11, a March 2008 statement of the LAPD's "policy … to make every effort to accurately and appropriately gather, record and analyze information, of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism."
I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.