Photographers Permit?

[skieur]

Having lived in the USA, I would say it was the American way... lol
Here, it is (gladly enough) a lot harder to sue, even when you have all the legal points on your side. I know it is not related, but as a (bad) example, a surgeon left a needle in my grandmother... it infected and swelled her entire torso and she almost died from it. We went to 14 lawyers... none accepted the case becuase it is "bad form" to sue a doctor here in Canada. This was many years ago (about 20), and could have changed since.

Choosing a lawyer for a law suit requires the choice of "a major player" in the particular kind of law suit in Canada. Do that and the result is substantially in your favour after deductions. A six figure fee for example is worth it, if the settlement is 7 figures after deductions.

skieur

 

[THORHAMMER]

In California tresspass is almost impossible to prove criminal unless on federal land. You will Always get a warning is your on "open to the public" land

You can get away with shooting on the beach with an asistant to hold a reflector as long as your not getting paid for the shoot.
Only Newport and corona actually care about it just don't make a huge
Production out of it.

If you've got lights and umbrellas and stuff let's be honest you should apply for the permit. otherwise just shoot away I've never been stopped for shooting with reflector or flash before on a state park or beach but if you attract a lot of attention you might.

Why don't you go to a city park? Nothing can be done about that!
Shoot away it's totally public land.

 

[skieur]

In California tresspass is almost impossible to prove criminal unless on federal land. You will Always get a warning is your on "open to the public" land

You can get away with shooting on the beach with an asistant to hold a reflector as long as your not getting paid for the shoot.
Only Newport and corona actually care about it just don't make a huge
Production out of it.

If you've got lights and umbrellas and stuff let's be honest you should apply for the permit. otherwise just shoot away I've never been stopped for shooting with reflector or flash before on a state park or beach but if you attract a lot of attention you might.

Why don't you go to a city park? Nothing can be done about that!
Shoot away it's totally public land.

Agreed. The reality is that trespassing is low on the priority list of the police pretty well anywhere. Besides they consider that the paperwork involved for them, is not worth the effort for what usually is a misdemenor. Unless you refuse to leave when the police ask you to, you will likely not be charged.

With violence related charges being backed up in the court system you can imagine how unlikely there is to be any follow through on a trespassing charge even if it is filed.

As a matter of fact in some jurisdictions, if you plead not guilty and ask for a court date, the charge will often be dropped.

skieur

 

[MikeBcos]

You just don't get it. Taking photos is NEVER illegal and if you pay a fine, you are dumb.

skieur

Many years ago I toured Yugoslavia, in certain areas of the country there were big signs on the side of the road showing a camera with a line through it.

I assumed this meant that taking photographs there was illegal, I decided to keep my camera well hidden rather than discuss the legality of photography with the local authorities. :mrgreen: Sometimes photography is illegal and if someone says it is illegal to shoot in a certain place I will leave, photographers have a bad enough name anyway.

 

[patrickt]

Skieur: I'm glad you agreed with me that sometimes it may be illegal to take a photograph.

 

[table1349]

Agreed. The reality is that trespassing is low on the priority list of the police pretty well anywhere. Besides they consider that the paperwork involved for them, is not worth the effort for what usually is a misdemenor. Unless you refuse to leave when the police ask you to, you will likely not be charged.

With violence related charges being backed up in the court system you can imagine how unlikely there is to be any follow through on a trespassing charge even if it is filed.

As a matter of fact in some jurisdictions, if you plead not guilty and ask for a court date, the charge will often be dropped.

skieur

:lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao:

Oh God..... your killing me.:lmao::lmao::lmao:

The fact of the matter is trespassing is pursued like any other criminal matter. Paperwork is paperwork. If you get the call you do the paperwork. Period. Even if no one is arrested. It's called accountability and it is very important these days in law enforcement. Reports get made.

Here is the simple fact to this and most other misdemeanor crimes as well as a lot of property and some person felony crimes. If the victim does not want to prosecute or does not want to cooperate then the case does not go forward. Simple as that. You don't put a victim on the stand that is going to be a hostile witness. Any prosecutor, even the most incompetent one, knows that. You do, you loose. If the victim does not show up to a court hearing in municipal court the case gets dropped.

Some businesses make it a rule not to bother with prosecution for these kinds of things and some have no problem with their employees spending the time to go to court on matters like this. All depends on the luck of the draw so to speak.

 

[skieur]

:lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao::lmao:

Oh God..... your killing me.:lmao::lmao::lmao:

The fact of the matter is trespassing is pursued like any other criminal matter.

Well, I am impressed that Kansas does not have any city or munipality budget problems, that there are plenty of judges, prosecutors, court staff and space etc. and that the police are not understaffed. Sort of reminds me of Oz and Liza Minelli. :lmao:

Of course, you have probably not been involved in cases that did not get to trial because of the above problems either.

skieur

 

[craig]

Do you love my new avatar or what? I knew I should have edited it before I posted. The darn edit your avatar cp is so frustrating. I'm lucky I ended up with this.

Love & Muppets

 

[table1349]

Well, I am impressed that Kansas does not have any city or munipality budget problems, that there are plenty of judges, prosecutors, court staff and space etc. and that the police are not understaffed. Sort of reminds me of Oz and Liza Minelli. :lmao:

Of course, you have probably not been involved in cases that did not get to trial because of the above problems either.

skieur

If you read the papers or watch the news you would know that Kansas is in the top 10 places to live right now. The mid-west in general is the same way. We didn't over inflate the value of our homes, and the financial system here did not jump on the everybody should own a home no matter what they make band wagon. They still required some common sense in when purchasing a home. That no money down thing just never caught on with the lenders. Like everyone else we will take a hit from the whole economic downturn, but it will come from the outside, not from inside.

As for the whole courts/police/trial thing, well with over 26 years in law enforcement so far, I do have a bit of a handle on the reality of the situation. The reality is simple, if a criminal incident occurs and an officer is sent out a report gets made. They don't have the right nor the authority to not make a case.

Where a misdemeanor case dies is from the citizen side. Call an officer about a trespasser and the officer shows up, they make a case. If the offender leaves you ask the property owner if they want to prosecute. They say no, it goes into the report. No follow up by the police from there on. If they want to prosecute you tell them who to call and it is up to them to come down and sign a complaint. No complaint, no court case.

If you have to arrest a trespasser they are given a court date. On that court date if the complainant does not show up, case dismissed. Happens all the time.

That is one of the neat thing about the system of justice here, equal protection under the law with out regard to the cost. So no, cases are not dismissed because it would cost too much money. When they get dismissed it is usually because of citizen apathy, often because it might cost them money to have to go to court or send an employee to court.

There is one thing I would like to know. Is there some Canadian version of the Wizard of Oz that we missed here in the US? Here in Kansas Judy Garland played Dorthy and Liza Minelli wasn't even a twinkle in Judy's eye at the time. But then Judy Garland was only 16 when she made the Wizard of Oz. :lmao:

 

[abraxas]

Do you love my new avatar or what? I knew I should have edited it before I posted. The darn edit your avatar cp is so frustrating. I'm lucky I ended up with this.

Love & Muppets

I've analyzed your new avatar and find it disturbing. Nip it. Nip it in the bud.

I'll be watching. I have one bullet and I'm not afraid to use it.


#7 - Intimidation.

 

[table1349]

I've analyzed your new avatar and find it disturbing. Nip it. Nip it in the bud.

I'll be watching. I have one bullet and I'm not afraid to use it.


#7 - Intimidation.

Do you have an extra bullet for my new avatar as well. :lmao: Walter has become one of my favorite people these days.

 

[craig]

I've analyzed your new avatar and find it disturbing. Nip it. Nip it in the bud.

I'll be watching. I have one bullet and I'm not afraid to use it.


#7 - Intimidation.

I refuse to be intimidated! There is no Law saying that you can not have a Muppet Avatar. Furthermore the shooting of Muppets is illegal in the US. I cite the "Muppet Act of 1976". See also: "The state of California v Hensen" 1975.

Love & Bass

 

[epatsellis]

As for the whole courts/police/trial thing, well with over 26 years in law enforcement so far, I do have a bit of a handle on the reality of the situation. The reality is simple, if a criminal incident occurs and an officer is sent out a report gets made. They don't have the right nor the authority to not make a case.

Unfortunately, it's not always the case, my workshop was broken into, by a creditor (and very,very much against the law), the police outright refused to allow me to file a report to document it, and the state's attorney refused to even see me about the incident at all. (apparently breaking and entering, effectively stealing some 15K worth of tools is not high on his list of priorities) The reality is small town politics and back room dealings can mean that while it SHOULD, it doesn't always. (btw, I've subsequently pursued the matter through civil process, and have won one judgement(of over $10K)against the creditor, and the city is apealling the judgement I was awarded against them, (and the attorney general has gotten involved, investigating it as a corruption case...)

So, yes they don't have the authority, per se, but in reality they often choose whether to or not, and how seriously to take the report in the first place.

 

[table1349]

Unfortunately, it's not always the case, my workshop was broken into, by a creditor (and very,very much against the law), the police outright refused to allow me to file a report to document it, and the state's attorney refused to even see me about the incident at all. (apparently breaking and entering, effectively stealing some 15K worth of tools is not high on his list of priorities) The reality is small town politics and back room dealings can mean that while it SHOULD, it doesn't always. (btw, I've subsequently pursued the matter through civil process, and have won one judgement(of over $10K)against the creditor, and the city is apealling the judgement I was awarded against them, (and the attorney general has gotten involved, investigating it as a corruption case...)

So, yes they don't have the authority, per se, but in reality they often choose whether to or not, and how seriously to take the report in the first place.

Thanks for proving my point. I was talking about the legality of the issue. There are criminal elements in any line of work, bar none. The fact that the attorney general is investigating it is an indication that they believe that those particular authorities violated the law by taking the law into their own hands.

On a side note, anyone that says "Crime Doesn't Pay" has never been elected to congress. :lmao:

 

[table1349]

I refuse to be intimidated! There is no Law saying that you can not have a Muppet Avatar. Furthermore the shooting of Muppets is illegal in the US. I cite the "Muppet Act of 1976". See also: "The state of California v Hensen" 1975.

Love & Bass

Sadly, the "Muppet Act of 1976" was repealed in 1990 with the untimely death of Jim Hensen.