Devil's Advocate
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I'm not aware of any private party photography law which was determined by rulings on claims of unreasonable searching by an officer of the state. Photography law includes all sorts of exceptions for public figures, public safety, presumption of wrongdoing, accidental and incidental inclusion, unusual events, etc. But that's not the same thing as enjoying the rights and expectations of an enforcement official. I think the most reasonable advice we can give is that we don't know what would happen until someone formally challenges it, a judge or jury rules on it, the eventual conclusion reaches its final disposition, and someone knowledgeable of the repercussions reports upon it. That being the case it's probably best to ask permission, or keep your candid photos private, or blur out any easily identifiable faces before publishing photos taken aboard the train. If that's unacceptable I think we can all agree that station and platform areas are open season so have at it.I specifically and explicitly used the phrase “common area of the train” for that exact reason. We could probably have a vigorous debate about coach seats, most of the case law on expectations of privacy while aboard public transit centers around searches of police and luggage in overhead racks. Generally speaking, the courts have ruled that officers smelling or touching soft sided bags don’t violate an expectation of privacy, so a photo of something or someone in plain view at their seat is probably on the side of legal.
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