Freedom of Information vs Police: Can Police Confiscate Cameras?

Does a photographer have the right to take pictures of public officials in the commission of their duties? 

Dr. Jim Kelly, associate professor of journalism at Southern Illinois University Carbondale, posed the question to panel members at a discussion of the Freedom of Information Act and Open Meetings Act. 

Kelly was part of a panel consisting of media members and local government officials hosted by the Paul Simon Public Policy Institute at the university. 

Though Kelly related his question mostly to an incident at SIUC a year earlier, he cited five instances in the last five years when citizens or photojournalists had their camera equipment seized by police officials after taking pictures of arrests.
In September, 2005, SIUC student Matt Bowie was crossing campus when he observed a uniformed campus police officer arresting someone. He stopped and began taking pictures. Then, an undercover officer who was in the crowd stepped forward and instructed him to hand over his camera or risk expulsion and arrest. Bowie complied and then headed to the School of Mass Communications to look for allies and to get the equipment returned. 

The camera was returned a day later, thought he film in the camera had been exposed to additional light, making the pictures difficult, but not impossible, to process. The university offered little in the way of explanation and has turned over an investigation into the incident to state officials. A year later, they have not offered any report on whether the officer acted properly. 

The point of contention is whether a journalist, or any one else with a camera or camera phone, should be allowed to take photos of police while making arrests. And, strangely, the only one who answered the question directly was a police chief from suburban St. Louis. He acknowledged the right of the public to take pictures, but said given the circumstances, he would have approached the photographer and their news organization to discuss withholding the photos.