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-   -   What do you guys make of this?? (http://glocktalk.com/forums/showthread.php?t=1494373)

MaxxAction 07-08-2013 13:40

What do you guys make of this??
 

Charlotte NC man arrested for filming military drill on public property.

Evidently, this was a training operation that was open to the public, and the cop in question got a little over zealous and arrested a guy for filming it.

So, from a LEO perspective, why does this sort of thing seem to be repeating itself so frequently? This sort of thing being a seeming phobia over video cameras and being videoed.

I was just curious what some of the more experienced LEO's thought.

DaBigBR 07-08-2013 13:47

Unless I'm missing something, there is no audio, no accompanying news article, police press release, or anything else. For what criminal offense was he arrested? There is absolutely nothing in the video or post that can be used to make any kind of assessment.

Patchman 07-08-2013 14:01

If this was a military exercise open to the public, then why was that military guy asking him to leave?

Was he standing in the middle of the staging area (his video showed it was an open area, and referred to as a "park"), and thus posing a hazard for himself as well as the military participants?

Maxx, what else are you intentionally leaving out AGAIN? :dunno:

DaBigBR 07-08-2013 14:12

Got my sound working...flash update.

Clear cut criminal trespass case. He wasn't supposed to be where he was, he was told to leave, and he refused. The fact that the property is owned by a governmental body and "public property" does not make it impossible to trespass upon it. Idiot.

Ohio Copper 07-08-2013 14:45

Public property is usually owned by the jurisdiction the officer is working for, such as a CITY park. If you're told to leave because yore trespassing for one reason or another and you don't; that's criminal trespass.

Did without privilege to do so enter or remain on the land of another.


We need to arrest every jerkoff who wants I be a YouTube sensation and hit them with everything they can. Maybe then they'll process te fact that they're wrong.

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Top_Shot_31 07-08-2013 15:36

Criminal Trespass.

From my state:

TRESPASS DEFINED.
1. The term "property" shall include any land, dwelling,
building, conveyance, vehicle, or other temporary or permanent
structure whether publicly or privately owned.
2. The term "trespass" shall mean one or more of the
following acts:
a. Entering upon or in property without the express
permission of the owner, lessee, or person in lawful possession with
the intent to commit a public offense, to use, remove therefrom,
alter, damage, harass, or place thereon or therein anything animate
or inanimate, or to hunt, fish or trap on or in the property,
including the act of taking or attempting to take a deer, other than
a farm deer as defined in section 170.1 or preserve whitetail as
defined in section 484C.1, which is on or in the property by a person
who is outside the property. This paragraph does not prohibit the
unarmed pursuit of game or fur-bearing animals by a person who
lawfully injured or killed the game or fur-bearing animal which comes
to rest on or escapes to the property of another.
b. Entering or remaining upon or in property without
justification after being notified or requested to abstain from
entering or to remove or vacate therefrom by the owner, lessee, or
person in lawful possession, or the agent or employee of the owner,
lessee, or person in lawful possession, or by any peace officer,
magistrate, or public employee whose duty it is to supervise the use
or maintenance of the property.

c. Entering upon or in property for the purpose or with the
effect of unduly interfering with the lawful use of the property by
others.
d. Being upon or in property and wrongfully using, removing
therefrom, altering, damaging, harassing, or placing thereon or
therein anything animate or inanimate, without the implied or actual
permission of the owner, lessee, or person in lawful possession.
e. Entering or remaining upon or in railway property without
lawful authority or without the consent of the railway corporation
which owns, leases, or operates the railway property. This paragraph
does not apply to passage over a railroad right-of-way, other than a
track, railroad roadbed, viaduct, bridge, trestle, or railroad yard,
by an unarmed person if the person has not been notified or requested
to abstain from entering on to the right-of-way or to vacate the
right-of-way and the passage over the right-of-way does not interfere
with the operation of the railroad.
3. The term "trespass" shall not mean entering upon the
property of another for the sole purpose of retrieving personal
property which has accidentally or inadvertently been thrown, fallen,
strayed, or blown onto the property of another, provided that the
person retrieving the property takes the most direct and accessible
route to and from the property to be retrieved, quits the property as
quickly as is possible, and does not unduly interfere with the lawful
use of the property.
4. The term "trespass" does not mean the entering upon the
right-of-way of a public road or highway.
5. For purposes of this section, "railway property" means all
tangible real and personal property owned, leased, or operated by a
railway corporation with the exception of any administrative building
or offices of the railway corporation.
For purposes of this section, "railway corporation" means a
corporation, company, or person owning, leasing, or operating any
railroad in whole or in part within this state.
6. This section shall not apply to the following persons:
a. Representatives of the state department of transportation,
the federal railroad administration, or the national transportation
safety board who enter or remain upon or in railway property while
engaged in the performance of official duties.
b. Employees of a railway corporation who enter or remain
upon or in railway property while acting in the course of employment.

c. Any person who is engaged in the operation of a lawful
business on railway station grounds or in the railway depot.

Emphasis mine. Similarly worded in probably any State Code.

OLY-M4gery 07-08-2013 16:21


blueiron 07-08-2013 16:23

I concur with others about the criminal trespass. He was asked to leave and refused. It is his choice to push the issue.

I attend university as a student and pay a lot of money in tuition. I also pay my share of State income taxes, some of which go to the State University system that supports my education. Even with these payments, I cannot enter the football stadium, the performing arts centers, the baseball fields, etc. when they are closed to the public.

MaxxAction 07-08-2013 16:41

He was evidently released without charges...

look guys, I am just trying to understand. I am not throwing rocks.

There have been numerous arrests for people filming in public places. There is an old guy (mid sixties) in another town close by that was arrested for filming cops while sitting on his own front porch, and faces like 13 years in prison for it, and never been in trouble in his life. They are using "wire tapping" laws to justify the arrest. I just don't get why this is such a big deal.

Batesmotel 07-08-2013 16:47

I am a photographer. I know my rights when photographing. I even cary a press pass issued by the Sheriff. I know some other photographers who got busted while photographing. In all but a few cases they got busted for WHERE they were photographing. Not WHAT they were photographing.

blueiron 07-08-2013 17:03

Quote:

Originally Posted by Batesmotel (Post 20440495)
I know some other photographers who got busted while photographing. In all but a few cases they got busted for WHERE they were photographing. Not WHAT they were photographing.


This.

Wielding a camera as a hobbyist or as a professional brings a certain responsibility to photograph safely and with due regard for the law.

Too many believe they have an absolute Right to practice their craft and the reasonable person knows that there are no absolute Rights.

Dukeboy01 07-08-2013 17:12

Quote:

Originally Posted by MaxxAction (Post 20440479)
look guys, I am just trying to understand. I am not throwing rocks.

Bull****.

:upeyes:

Dukeboy01 07-08-2013 17:18

Nice quick cuff and stuff by the officer, btw. Ask, tell, make...

MaxxAction 07-08-2013 17:28

Quote:

Originally Posted by Dukeboy01 (Post 20440569)
Bull****.

:upeyes:


Look...

if you want to take it that way, that's your prerogative. There is a lot that goes on these days that I don't understand, instances like this would definitely qualify.

Ohio Copper 07-08-2013 17:54

In short, another man child who can't be old no and no rules apply to him.


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lawman800 07-09-2013 08:04

Hey, this is America and he got rights!

Bill Lumberg 07-09-2013 08:36

Beat me to it. As soon as I saw the title, I thought, I could make a hat, or a brooch.........
Quote:

Originally Posted by OLY-M4gery (Post 20440409)


merlynusn 07-09-2013 10:04

Just going off the video... The property they are on is currently owned by the City of Charlotte. The property is a vacant mall. The property was given to the military to conduct an exercise. A military member came up to the guy and told him to leave. The guy obviously didn't so the military member got an officer who was working it to leave. To arrest for trespassing, you either have to be banned previously or you have to be told in the presence of those who own or are in control of the property to leave.

The military guy told the officer he wanted him to leave, told the guy to leave again in the officer's presence and the guy refused so they arrested him for 2nd Degree Trespassing.

You can hear in the film after he's been arrested the military guy saying "I don't care that you're filming, you are just filming from the wrong spot and it's not safe where you're standing."

It is a very clear cut 2nd Degree Trespass case.

MaxxAction 07-09-2013 10:39

Quote:

Originally Posted by merlynusn (Post 20442409)
Just going off the video... The property they are on is currently owned by the City of Charlotte. The property is a vacant mall. The property was given to the military to conduct an exercise. A military member came up to the guy and told him to leave. The guy obviously didn't so the military member got an officer who was working it to leave. To arrest for trespassing, you either have to be banned previously or you have to be told in the presence of those who own or are in control of the property to leave.

The military guy told the officer he wanted him to leave, told the guy to leave again in the officer's presence and the guy refused so they arrested him for 2nd Degree Trespassing.

You can hear in the film after he's been arrested the military guy saying "I don't care that you're filming, you are just filming from the wrong spot and it's not safe where you're standing."

It is a very clear cut 2nd Degree Trespass case.

There...

that's an answer. Thanks Merlyn.

I didn't hear the part about the guard guy telling him he didn't mind him filming.

merlynusn 07-09-2013 10:51

At the very beginning, you hear the military guy say "Hey officer..."

At about the 1:45 minute mark as the officer is arresting him, you can hear the military guy saying they rented it out. That would negate the argument by the defendant that it's city property and currently accessible to everyone. And if there is an authority to act as agent for the property, then he has no argument anyway.

At 3:30, you hear the military guy say "You can film and hang out all you want. I just want you..."

It's obvious that the guy started filming right before the police got involved (or has clipped the film to start then).

Here is the statute:
14‑159.13. Second degree trespass.
(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(b) Classification. – Second degree trespass is a Class 3 misdemeanor.


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