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  1. #11

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    Quote Originally Posted by sandholm View Post
    In the "States" he could have been legally shoot by the security guard
    Joking, right?

  2. #12
    Krzys's Avatar
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    I don't think shooting somebody in a car park is lawful. Even if its your property. Since there are other workers around coming in and out. Plus I didn't pass any no entry signs. The boom gates were up ahead. The problem was that I was taking photos of the structure at night on their property.

  3. #13

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    Quote Originally Posted by sandholm View Post
    I think that magic word here is trespassing. In the "States" he could have been legally shoot by the security guard
    I am not a lawyer, but no, this is not true. In fact in most parts of the USA other than military bases, the only thing the security guard could legally do is ask him to leave and/or stop taking photographs (if it's private property and that is the policy). If the order to leave is ignored, *then* he's trespassing and the police would be called (at this point most people would leave anyway). What an individual citizen here can do when protecting their own property varies from state to state of course.

    The media-reported stories of police violence in the USA are usually true, and often egregious, but we are not actually a police state and neither the police nor the security here generally go around committing summary executions, thank you.

  4. #14

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    Under questonable situations, I usually ask for permistion, just to be on the safe side.

    Jeff

  5. #15
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    Quote Originally Posted by sandholm View Post
    I think that magic word here is trespassing. In the "States" he could have been legally shoot by the security guard
    Yeah.. with a camera!!

  6. #16
    Krzys's Avatar
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    But then I'd have to tell him to delete the photo because you can't take a photo without my permission!

  7. #17
    Willie Jan's Avatar
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    what they did in the past is that when you see someone arriving, wind and take out the film and put in a new one.

    Than give them the empty one.

  8. #18
    Greg Davis's Avatar
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    I realize you are in Australia and the laws may be different, but here in the US, neither a security guard nor a police officer can make you delete files or expose film, nor can they confiscate your private property without a warrant signed by a judge. Here we call it Unlawful Search and Seizure. If they do so, they committed a crime and can be prosecuted. The most a security guard can do is tell you to leave. If you refuse, they can call the police and the police can escort you off the property or arrest you for trespassing if the company wants to press charges.
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  9. #19
    Steve Smith's Avatar
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    Quote Originally Posted by Greg Davis View Post
    I realize you are in Australia and the laws may be different, but here in the US, neither a security guard nor a police officer can make you delete files or expose film, nor can they confiscate your private property without a warrant signed by a judge. Here we call it Unlawful Search and Seizure. If they do so, they committed a crime and can be prosecuted. The most a security guard can do is tell you to leave. If you refuse, they can call the police and the police can escort you off the property or arrest you for trespassing if the company wants to press charges.
    It's the same in the UK and I expect it is also the same in Australia. In the UK, even if you are asked to leave and do not, the police cannot arrest you using trespass laws. They will however use a public order offence law to get you off the property.


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

  10. #20
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    In the US he could direct you to leave. If you refused he could call the police. In the meantime he couldn't stop you from leaving. He could not direct you to delete or wreck your photos, nor "confiscate" anything. That would be theft on his part. He couldn't legally shoot you. In most US states force can only be used if there is immediate physical danger to persons, or in some places with certain circumstances, property. Furthmore, if you are photographing from a public space, (road, sidewalk) anything in view is fair game (but you would need a property release for commercial use of the image). Security guards try to assert otherwise, but it is ignorance or bluster. There are now "special" rules for military installations, airport security areas, and other sensitive areas that exempt themselves from the law in general, but the aforementioned is pretty much how it works here in the US.

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