Trespassing and Police

[RBMKAlpha]

So has anyone here ever been questioned/arrested/fined by the police for trespassing? I was in an interesting industrial area in Erie, and there was a vacant lot where a factory had been razed. There were no "no trespassing" signs but it was in the open and I was a little hesitant to go wandering around that area.

 

[Artemis]

Most the time ive heard the security/police arent in the right to move you along, obviously if its got a locked gate with no trespacing then they are.

I doubt youd be fined, but asked to move along may happen, ive heard countless stories.

 

[Viajero]

I actually got my hands on a Press Pass for my towns newspaper. I have not had the chance to use it yet, But i am sure i will get a little more slack from and police/security.

I was actually at a farm the other day, that had no no trespassing signs. The farm was abandoned, and right behind it there was a huge quarry. Turns out the farm was owned by the company who owned the quarry. A guy came by and told me if I did'nt leave I would be arrested. So I left. Cannot wait to use my Press Pass. :thumbup:

 

[bobaab]

btw, photo's taken at spots where u're not supposed to be is still legally yours. They cannot confiscate (sp?) your camera or film or memory card legally. There's a good thread about photography legality issues somewhere on the forums here..

 

[NYY]

Thanks for the info, i've been thinking of trespassing a local resevoir lately

 

[LittleMan]

most of the time (for me anyways) if you're caught, it's usually by the owner of the property... so the police won't be involved unless the property owner calls them. That usually never happens so usually the property owner is the one who tells you to leave.

 

[Wally]

Thanks for the info, i've been thinking of trespassing a local resevoir lately

Not a good idea. Reservoirs are often very well gaurded due to the fact that they are a terroist target. Not a very good idea to trespass there

 

[Soocom1]

A little while back I had posted on another forum points similar to those made here. I was hit so hard by those who had already experianced this, that I eventually had to go to this web site: http://www.krages.com/phoright.htm

You will get a wealth of information from it, and a downloadable guide to what you can and cannot do.

Also there is a book to read:

The Law (in plane english) for Photographers.
by: Leonard D. Duboff

Allworth Press; Revised edition (May 2002)
ISBN: 1581152256

 

[df3photo]

Well, Ive been yelled at by security in pittsburgh because we set up a camera down town off the sidewalk in a grassy area and where shooting one building. They said it was private property and I needed to be "OKed" by the building owner... so I moved the camera less then 6 foot to the side walk and continued shooting. Once on public property you can shoot anything. even someone sunbathing in there backyard topless... (not that i have... cause I havent...)
Here is a post I put up awhile back, Its a link to a lawyers page. check it out. http://www.thephotoforum.com/forum/showthread.php?t=17157

good luck!

 

[NYY]

Not a good idea. Reservoirs are often very well gaurded due to the fact that they are a terroist target. Not a very good idea to trespass there

It's not exactly a resevoir, I'm not sure how to really describe it. But it doesn't seem to be protected at all. The fence that blocks it off is about 6.5' tall, with no barbed wire or anything. i found at least 8 man made holes cut out of it. I finally did go through one of them just to check it out, i even left my camera in the bag just in case a security guard happened to be there. it turned out to be something like a manmade lake, surrounded by very dense woods. i heard leaves crunching not too far from me, so i ran back like a gazelle.

 

[Iron Flatline]

I went down to the LA Harbor to take pictures of the cool cranes at night from a public street. Security came and told me to move along, to which I answered that it was my right to take pictures from a public street. Well, of course they called for back-up, two more pick-up trucks full of fat guys came, they started jostling me around. Then the cops came, broke it up, and told me to move along. I reiterated my rights, was given a funny look, and told that they'd be glad to take me to the precinct to tell someone "who cares."

My rights were completely irrelevant to the people involved - they hire bullies, and they use national security as an answer for anything, and the cops are disinterested in protecting our rights. So go ahead and print out the .pdf that spells out your rights as a photographer and citizen, but don't honestly think anyone of these people is going to care. At best you might get arrested, have your gear taken, and then returned to you (badly man-handled) a day or so later when they determine that you did nothing wrong. Not sure that warrants spending a night or so in an LA jail - where regardless of your rights, it takes 48 hours to process you out.

Sorry about the bitterness. Maybe it's a little more friendly in other parts of the world.

 

[Oldfireguy]

I don't ever think it ever hurts to ask permission. If told no then move on or come back and talk to someone a little higher up than a security officer who is getting paid minimum wage to do what they are told to do.

Iron Flatline you have learned just how much we have given up as citizens because of an attack against us. I could go on and on but I don't want to turn this into a political post.

If it's posted "No Trespassing" then you really have no right to be there in the first place. That's when you can get into trouble. There are a lot of reasons for posting trespassing signs. Maybe the 40 foot hole you fall into was the reason or the chemicals you just sludged into. Sometimes it's for your own good.

I'm sure in the U.S. nobody would ever sue for getting hurt on your property while taking pictures.

 

[NYY]

I think the best thing to do if you're confronted by security personel is to be respectful, and tell them your intentions. If you immediately bring up your legal rights, that makes you all the more suspicious.

 

[Iron Flatline]

Agreed NYY. I'm not ranting here, it just happened last week so I'm still peeved. I'm of the same school of thought that being nice is usually quite effective, and for me the most natural setting. I'm hardly some manifesto-swinging college student (any more.) I also find that asking almost always results in permission. It was just so weird to be on a public street and to be told by a thug with a plastic badge that I better move along...or else.

 

[rachell]

I was having similar questions and ran into this awesome pdf that not only goes into details about property and trespassing rights, but also gives wonderful examples. The pdf is at http://www.kantor.com/blog/Legal-Rights-of-Photographers.pdf