A federal judge has dismissed a civil-rights lawsuit filed by a newspaper photographer who accused officers of illegally barring him from taking pictures at a freeway crash scene and handcuffing him when he persisted.

Oakland Tribune photographer Ray Chavez, 45, said police officers had interfered with his right as a member of the press to cover news, specifically a car crash and the emergency response time. He was "arrested and handcuffed without justification solely due to the exercise of First Amendment rights," said his suit, filed in U.S. District Court.

But in a ruling Tuesday, U.S. District Judge Charles Breyer in San Francisco dismissed the suit, saying the media have no First Amendment right to be at an accident or crime scene if the general public is excluded.

Breyer said Chavez "does not offer any evidence that suggests that the general public had a right to exit their vehicles on the freeway and stand in the freeway to take photographs. Moreover, common sense dictates that members of the general public are not allowed to exit their cars in the middle of the freeway to view an accident scene."

Chavez said that he was "so disappointed with the judge's decision." His attorney, Terry Gross, said he intends to file suit in state court, noting that Breyer did not address the issue of whether police might have violated a state law that allows the media access to "a menace to the public health or safety," including accidents and disasters.

Chavez was driving north on Interstate 880 near the 29th Avenue exit in Oakland on May 4, 2007, when a car in front of him crashed and rolled over in the fast lane. Chavez, wearing his press credential around his neck, got out of his car and began taking pictures, "considering this a spot news matter," the suit said.

Oakland police Officer Kevin Reynolds told Chavez that he should leave, the suit said. When Chavez replied that he had a right to be there as a member of the press, Reynolds angrily told him that he "didn't have any business here (and) that it was a crime scene," the suit said.

After Chavez took photos of an arriving ambulance, Reynolds blocked his camera and told him, "You don't need to take these kind of photos," according to the suit.

Reynolds asked for Chavez's identification and began writing him a citation, the suit said. As a California Highway Patrol cruiser arrived, Chavez again took pictures. That prompted Reynolds to say, "That's it. You're under arrest," the suit said.

The officer made Chavez sit next to the overturned car with his hands behind his back for half an hour, the suit said. Passing motorists mistakenly believed Chavez had caused the crash and "cursed and made derogatory references to and signs at plaintiff while he sat on the ground handcuffed," the suit said.

Oakland police Officer Cesar Garcia told Chavez that he would be cited for impeding traffic and failing to obey a lawful order. The officers gave him the citation, removed the handcuffs and let him go, but not before Reynolds warned him, "Don't ever come here again to take these kinds of photos," the suit said.

Chavez was named photojournalist of the year in 2008 by the National Association of Hispanic Journalists. He has been with the Tribune for 15 years.