Mark Sailors1
Member since Apr 9, 2012
Recent Comments
Re: “Goodale a Good Cop”
The "problem of the day" is not "solved" if the solution is a violation of a persons rights.
Re: “Good Cops Aren't Afraid of Cameras”
They Have No Right to Confiscate Your Film Sometimes agents acting for entities such as owners of industrial plants and shopping malls may ask you to hand over your film. Absent a court order, private parties have no right to confiscate your film. Taking your film directly or indirectly by threatening to use force or call a law enforcement agency can constitute criminal offens- es such as theft and coercion. It can likewise constitute a civil tort such as conversion. Law enforcement officers may have the authority to seize film when making an arrest but otherwise must obtain a court order. Your Legal Remedies If Harassed If someone has threatened, intimidat- ed, or detained you because you were taking photographs, they may be liable for crimes such as kidnapping, coercion, and theft. In such cases, you should report them to the police. You may also have civil remedies against such persons and their employers. The torts for which you may be entitled to compensation include assault, conversion, false imprisonment, and violation of your constitutional rights. Other Remedies If Harassed If you are disinclined to take legal action, there are still things you can do that contribute to protecting the right to take photographs. (1) Call the local newspaper and see if they are interested in running a story. Many newspapers feel that civil liber- ties are worthy of serious coverage. (2) Write to or call the supervisor of the person involved, or the legal or public relations department of the entity, and complain about the event. (3) Make the event publicly known on an Internet forum that deals with pho- tography or civil rights issues. How to Handle Confrontations Most confrontations can be defused by being courteous and respectful. If the party becomes pushy, combative, or unreasonably hostile, consider call- ing the police. Above all, use good judgment and don’t allow an event to escalate into violence. In the event you are threatened with detention or asked to surrender your film, asking the following questions can help ensure that you will have the evidence to enforce your legal rights: 1. What is the person’s name? 2. Who is their employer? 3. Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention? 4. Likewise, if they demand your film, what legal basis do they assert for the confiscation?
Re: “Good Cops Aren't Afraid of Cameras”
The most common reason given is security but often such persons have no articulated reason. Security is rarely a legitimate reason for restrict- ing photography. Taking a photo- graph is not a terrorist act nor can a business legitimately assert that tak- ing a photograph of a subject in public view infringes on its trade secrets. On occasion, law enforcement offi- cers may object to photography but most understand that people have the right to take photographs and do not interfere with photographers. They do have the right to keep you away from areas where you may impede their activities or endanger safety. How- ever, they do not have the legal right to prohibit you from taking photo- graphs from other locations. They Have Limited Rights to Bother, Question, or Detain You Although anyone has the right to approach a person in a public place and ask questions, persistent and unwanted conduct done without a legitimate purpose is a crime in many states if it causes serious annoyance. You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except in states that require it upon request by a law enforcement officer. If the conduct goes beyond mere questioning, all states have laws that make coercion and harassment crimi- nal offenses. The specific elements vary among the states but in general it is unlawful for anyone to instill a fear that they may injure you, damage or take your property, or falsely accuse you of a crime just because you are taking photographs. Private parties have very limited rights to detain you against your will and may be subject to criminal and civil charges should they attempt to do so. Although the laws in most states authorize citizen’s arrests, such authority is very narrow. In general, citizen’s arrests can be made only for felonies or crimes committed in the person’s presence. Failure to abide by these requirements usually means that the person is liable for a tort such as false imprisonment.
Re: “Good Cops Aren't Afraid of Cameras”
About this Guide Confrontations that impair the con- stitutional right to make images are becoming more common. To fight the abuse of your right to free expression, you need to know your rights to take photographs and the remedies avail- able if your rights are infringed. The General Rule The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are tradition- ally considered public are streets, sidewalks, and public parks. Property owners may legally pro- hibit photography on their premises but have no right to prohibit others from photographing their property from other locations. Whether you need permission from property own- ers to take photographs while on their premises depends on the circum- stances. In most places, you may rea- sonably assume that taking photo- graphs is allowed and that you do not need explicit permission. However, this is a judgment call and you should request permission when the circum- stances suggest that the owner is like- ly to object. In any case, when a prop- erty owner tells you not to take photo- graphs while on the premises, you are legally obligated to honor the request. Some Exceptions to the Rule There are some exceptions to the general rule. A significant one is that commanders of military installations can prohibit photographs of specific areas when they deem it necessary to protect national security. The U.S. Department of Energy can also pro- hibit photography of designated nuclear facilities although the publicly visible areas of nuclear facilities are usually not designated as such. Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, rest- rooms, medical facilities, and inside their homes. Permissible Subjects Despite misconceptions to the con- trary, the following subjects can almost always be photographed law- fully from public places: accident and fire scenes children celebrities bridges and other infrastructure residential and commercial buildings industrial facilities and public utilities transportation facilities ( e.g. , airports) Superfund sites criminal activities law enforcement officers Who Is Likely to Violate Your Rights Most confrontations are started by security guards and employees of organizations who fear photography.
Re: “Pitchin' Woo to the Arcata Eye (Updated)”
I guess I am not serious enough about wanting to run the paper in Mr Hoovers eyes. Maybe I think we can do better starting from scratch, too many people HATE the Eye and Mr Hoover.
Re: “Arcata Main Street Executive Director Busted for Grow Op”
Correct me if I am wrong, but isn't the President of Arcata Main Street also one of the main people behind "nip it in the bud" , and the anti medical marijuana ordinance, and the "grow house" tax?
Re: “Co-op Security Company Defends Officer Actions”
Throwing hot coffee imnsomeomes face is a felony. It is assault with intent to do great bodily harm.