close

Privacy guaranteed - Your email is not shared with anyone.

Welcome to Glock Talk

Why should YOU join our Glock forum?

  • Converse with other Glock Enthusiasts
  • Learn about the latest hunting products
  • Becoming a member is FREE and EASY

If you consider yourself a beginner or an avid shooter, the Glock Talk community is your place to discuss self defense, concealed carry, reloading, target shooting, and all things Glock.

What do you guys make of this??

Discussion in 'Cop Talk' started by MaxxAction, Jul 8, 2013.

  1. MaxxAction

    MaxxAction

    3,690
    838
    Feb 26, 2005
    TN
    [ame="http://www.liveleak.com/view?i=08e_1373135864"]LiveLeak.com - Charlotte NC man arrested for filming military drill on public property[/ame]

    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.
     
  2. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    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.
     


  3. 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:
     
    Last edited: Jul 8, 2013
  4. DaBigBR

    DaBigBR No Infidels!

    8,798
    8
    Oct 28, 2005
    Circling the wagons.
    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.
     
  5. Ohio Cop

    Ohio Cop

    5,487
    416
    Mar 1, 2012
    The Rust Belt.
    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.

    Posted using Outdoor Hub Campfire
     
    Last edited: Jul 8, 2013
  6. Top_Shot_31

    Top_Shot_31

    723
    84
    Apr 8, 2011
    Idawahio, USA.
    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.
     
  7. OLY-M4gery

    OLY-M4gery

    2,381
    194
    Nov 7, 2001
    Southern WI
    [ame="http://www.youtube.com/watch?v=M7fchtEJpy8"]Airplane! Johnny, what do you make of this? - YouTube[/ame]
     
  8. blueiron

    blueiron

    11,145
    11
    Aug 10, 2004
    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.
     
  9. MaxxAction

    MaxxAction

    3,690
    838
    Feb 26, 2005
    TN
    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.
     
  10. Batesmotel

    Batesmotel

    14,453
    798
    Apr 5, 2007
    Utah
    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.
     
  11. blueiron

    blueiron

    11,145
    11
    Aug 10, 2004

    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.
     
  12. Dukeboy01

    Dukeboy01 Pretty Ladies!

    2,715
    409
    Apr 30, 2000
    Lexington, KY
    Bull****.

    :upeyes:
     
  13. Dukeboy01

    Dukeboy01 Pretty Ladies!

    2,715
    409
    Apr 30, 2000
    Lexington, KY
    Nice quick cuff and stuff by the officer, btw. Ask, tell, make...
     
  14. MaxxAction

    MaxxAction

    3,690
    838
    Feb 26, 2005
    TN

    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.
     
  15. Ohio Cop

    Ohio Cop

    5,487
    416
    Mar 1, 2012
    The Rust Belt.
    In short, another man child who can't be old no and no rules apply to him.


    Posted using Outdoor Hub Campfire
     
  16. Bill Lumberg

    Bill Lumberg BTF Inventor

    6,845
    9
    Jun 14, 2002
  17. merlynusn

    merlynusn

    3,976
    235
    Nov 16, 2007
    NC
    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.
     
    Last edited: Jul 9, 2013
  18. MaxxAction

    MaxxAction

    3,690
    838
    Feb 26, 2005
    TN
    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.
     
  19. merlynusn

    merlynusn

    3,976
    235
    Nov 16, 2007
    NC
    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.
     
    Last edited: Jul 9, 2013