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Arrested for trespassing...

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Alex Reyes. says:

I had a pretty bad scare that has sort of rpevented me from wanting to shoot more. I did'nt get arrested but I'd say it was a VERY close call. Any of you ever been arrested for trespassing?
Tell stories if you got any.
Posted at 5:42PM, 19 February 2008 PDT ( permalink )

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w9jim  Pro User  says:

Not even close, but I did get yelled at just yesterday.

What happened?
Posted 5 months ago. ( permalink )

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Luke H  Pro User  says:

The only thing I learned in college is that the guy that stays around to talk to the cops is the guy we were always bailing out of jail that night.

Run, and don't look back while doing so.
Posted 5 months ago. ( permalink )

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Whole Wheat Toast says:

or go in and be careful not to get caught. if possible, don't go in and go there when no one's there.
Posted 5 months ago. ( permalink )

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mlhradio  Pro User  says:

I ran across this little letter a while ago. Read it, print it out, fold it up and stick it in your camera bag/backpack/wallet:

www.krages.com/phoright.htm
Posted 5 months ago. ( permalink )

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basegrinder  Pro User  says:

keep in mind if a cop arrests you, or "cites and releases" you it doesn't really matter what you've done.

The cop's part is done for now. A DA would have to decide it its worth anyones time to send you before a judge. They might make you come down and talk to them. They might make you go before a judge...

On a cite and release you'd end up going before a muni judge who might not even care and if you say "hey I take photos of ___________ here are examples" he could say "OK" and waive everything but a small court processing fee.

My best friend is a police sgt and lots of times they don't even bother arresting people with drugs because the DA in his county won't bother doing anything with the case. They just take the drugs and tell the guy to beat it.

Point being...its a lonnnnng way from getting busted for trespassing to anything actually happening in the end.
Posted 5 months ago. ( permalink )

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xxxatheart says:

What you say it true but people do get hefty fines many times. I know someone who was caught trespassing and was given a $1000 fine. A photograph is not worth that, plus that charge stays with you. When I was younger I didn't mind going into places but now that I am no longer a teenager it just is not worth it. If you really want to see the inside of a place, there usually is a way of legally going about it. That just takes a little more effort.
Posted 5 months ago. ( permalink )

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ksmith38a  Pro User  says:

Hey all,
new to the group, but i just wanted to say that we dont really have this problem in Scotland. Freedom to roam etc and no real trespass laws to speak of.
Posted 5 months ago. ( permalink )

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Luke H  Pro User  says:

If a farmer or landowner gets me fined 1000 dollars, I'm going to make sure, after the fact, that I got my money's worth.

I occasionally see trespassing arrests in the police blotter in the newspaper, but it's usually people who know the person filing charges stalking them or sneaking around on their land to steal things. If you have an innocent look on your face and a camera in your hands, you'll probably be alright. In Iowa, people get caught trespassing pretty regularly while hunting and I never hear of any of them going to jail.

Threatened to be shot by angry farmers? That's a different story.
Posted 5 months ago. ( permalink )

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IMP1  Pro User  says:

In the UK, trespass is a civil offence, not a criminal one. therefore unless you are a troublesome repeat offender that causes damage then it is highly unlikely that the property owners would prosecute.
Posted 5 months ago. ( permalink )

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babylaughter says:

Well, once my sister and I were chased away from someone's beautiful yard by a guy on a motorcycle...Lol. Fun times.
Posted 5 months ago. ( permalink )

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littleweed1950  Pro User  says:

see before you are seen and make yourself invisible. In Britan a bright yellow high visibility jacket is always a handy cloacking device.
Posted 5 months ago. ( permalink )

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babylaughter says:

Bullet Wounds of a No Trespassing Sign
Posted 5 months ago. ( permalink )

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xxxatheart says:

The person I was referring to was not trespassing on an individuals private property. It was an abandoned mental institute so it was not a matter of pressing charges, they were just arrested. It happens mostly when you do stuff like that-hospitals, schools, etc. not just someones rural home. You are much more likely to just get a warning in rural areas and less likely if you are trespassing on city, business, county, land or something like that.
Posted 5 months ago. ( permalink )

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tisoglasna says:

never been caught by the police but to be honest i like the danger of it lol , still it,s not fair, why should we get told off for doing something we enjoy, i mean it's not as if we are harming anyone .
Posted 4 months ago. ( permalink )

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cbmd  Pro User  says:

xxxatheart, this is an interesting difference. In a country with less strict laws on firearms (than here in Germany) I'd be rather more afraid to have a shotgun pointed at me "in the rural areas". On the other hand, trespassing on abandoned public property (schools, public administation buildings) in Germany is much more likely to be prosecuted because "they"--ehrmm, "we" actually, in this case--seem to be able to afford better site security than private owners.
Posted 4 months ago. ( permalink )

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basegrinder  Pro User  says:

just be careful of dogs...

"Chopper...sick balls"
Posted 4 months ago. ( permalink )

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Stuart K. Seels  Pro User  says:

Remember to wear sensible clothing. Good boots are a must!
Posted 4 months ago. ( permalink )

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jsantia  Pro User  says:

I once was surrounded by Homeland security, the police and the FBI! I wasn't even trespassing, I was on the sidewalk (the regular busy, public sidewalk), in front of a big gov. building in Milwaukee, i snaped a picture of a lightpost, that had one of their cameras in the frame, and out of nowhere they were all around me barking dumb questions, and making threats...I knew my rights though and wasn't going to back down, latter after I made a big fuse about it to everyone I could call, they relayed a lame half-hearted apology to me. I didn't even end up keeping the picture.
Posted 4 months ago. ( permalink )

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matt carroll with a camera  Pro User  says:

at least in MA (where i live) you have to be given written (as in a sign) or verbal warning, and then refuse to leave, for a trespassing charge to stick.

also kudos to the poster above me for sticking up for yourself.

i haven't tried this myself, but i know from talking to a lot of people that dressing like you're official can help a lot. a few years back some people wearing work jumpsuits painted an entire subway station in boston hot pink, and only got nabbed at the last second.
Posted 4 months ago. ( permalink )

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paddles2007.  Pro User  says:

Had some trouble my self yeaterday at a abandoned Implement dealer. Some body phoned the owners that I was snooping around with a camera. It got a little heated,but he soon settled when he knew I meant no harm.....His biggest thing was,he couldn`t figure out why anybody would want to photograph rusty derelict farm implements .
Posted 4 months ago. ( permalink )

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Stuart K. Seels  Pro User  says:

@ jsantia - WOW. Thats unreal! Just further proof that we are living in very scared times. On the one hand, I don't think I would have been to happy being interrogated like that. but, on the other hand, I can understand that the authorities cannot afford to be complacent about security any more. Remember WWII "Loose lips sink ships" etc.
Posted 4 months ago. ( permalink )

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Jeff McMullin  Pro User  says:

the reason people get in trouble for being in places is quite obvious, it's not the day and age we live in now or people being overly paranoid.

first of all scrappers go to abandoned places all the time, steal tons of metals that remain in there in the form of wires and pipes and then resell them as scrap for money. this ruins the buildings and degrades the property value.

secondly, a lot of places are dangerous. some are structurally unsound, others have very weak floors inside and most have horrible conditions for breathing and can cause a number of illnesses some temporary and some long term (mesothelioma)
Posted 4 months ago. ( permalink )

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Schoolbookdepository  Pro User  says:

Maybe just get permission from the owner and tell them you will type up and sign a waiver should you get injured.Saves all this shit.Thats all owners are worried about if the place is in ruin anyways...that in this day and age they will be sued. A simple waiver covers this that you can cannibalise off a million similar waivers off the net.
Originally posted 4 months ago. ( permalink )
Schoolbookdepository edited this topic 4 months ago.

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Jeff McMullin  Pro User  says:

that takes a lot of work and is sometimes completely impossible

it also takes away a lot of the fun :)
Posted 4 months ago. ( permalink )

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Derek Farr ( DetroitDerek )  Pro User  says:

It happens all the time here in Detroit, as a lot of people want to go into the decayed industrial factories here. A lot of times the security will stop you and make you erase your pictures ( which legally they are not allowed to do ) . We've had worse stories in Detroit ( tires slashed by security, etc ) , but there are times that they simply ask you to leave, especially if you didn't cut a fence of damage anything to get in. Getting a waiver is tricky, most times you don't know who owns a building, and you've just made someone aware that you are trying to enter a building they don't want people in. I have tried the waiver thing in the past without much success ( I actually received a few declaring they would take legal action against me if I tried it ) . Personally I don't go in them, I'm not that lucky and the damn thing will collapse, then I'll get robbed, and I'll have to explain to my wife why I was in there in the first place when I promised I wouldn't. if you go, don't go alone, usually in three's, and be safe. I know quite a few groups that "specialize" in going into these buildings and go to different cities to explore.
Posted 4 months ago. ( permalink )

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cbmd  Pro User  says:

Huh? Getting a liability waiver from the owner may indeed be tricky. It usually works the other way round: You declare that you will not hold the owner legally responsible for any damages that may occur to you. Or did you mean that you were threatened with legal action in response to your inquiry although you included a waiver? Kind of like a preemptive strike?
Posted 4 months ago. ( permalink )

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Erik.Christiansen  Pro User  says:

@DetroitDerek: just erase the card for them, then run recovery software on the card when you get home. easy as pie!
Posted 4 months ago. ( permalink )

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sam_  Pro User  says:

I have been yelled at twice. Two incidents among hundreds of times trespassing ain't bad. I just try to be inconspicuous and scout the location pretty well.

Remember, if you do trespass, take photos of the signs and post to my No Trespassing! group. =)
Originally posted 4 months ago. ( permalink )
sam_ edited this topic 4 months ago.

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Martino - NL  Pro User  says:

I had a few encounters - but never been caught / arrested. Saw police standing outside with dogs once and i thought: now i'm busted. But it appeared to be a routine check and they did not enter the building. :D
Posted 4 months ago. ( permalink )

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Schoolbookdepository  Pro User  says:

@jeffmcmullin

Yeah it takes a lot of work, so also does getting legal representation for the two or three court mention appreances and the 'hard work' of getting arrested.The time off work for the court etc...
.
Yeah, I think i'll get permission and the waiver...but you do what you want.

@cbmd....yeah you sign a waiver saying you wont sue...the old...'enter at own risk' for 2008.You'd be surprised how often a 'no' becomes 'oh ok, well as long as im not held responsible' gets you access.
Originally posted 4 months ago. ( permalink )
Schoolbookdepository edited this topic 4 months ago.

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babylaughter says:

My friend has a job where she has to take photos of homes being foreclosed on. I've gone with her sometimes. If the owner asks questions, she sometimes says she's looking for a place to film a movie so that the owners will welcome her rather than chase her away. It works, especially when she mentions that he or she will be paid if that site is chosen.
Posted 4 months ago. ( permalink )

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Soupflowers says:

I had to bribe the security guards of a burnt down warehouse ... he threatened me to call the cops. After the 10 $ bill switched owners, he left me alone and I was free to explore the leftovers of the Greenpoint Terminal Warehouse in Brooklyn.
Posted 4 months ago. ( permalink )

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emerald.lily  Pro User  says:

i never got arrested but I was really close also! n highschool I had to made a short documentary for my AP US class. I chose Dixmont, one of the first insane asylums. It closed in 1984 and was pretty much abandoned (and REALLY creepy). there were security guards though and one saw my friend and i and we escaped through the woods. :)
Posted 4 months ago. ( permalink )

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Paul Vernon Photography  Pro User  says:

A friend and I (and a few others) were once allowed to go into a non-public area in a railroad yard; permitted by a railroad cop whom we asked first. I got off a couple of shots before a higher-ranking railroad cop came along and kicked us all out, while making not-so-subtle threats.

It's getting so even waivers and permission aren't enough; some landholders (mostly public) won't permit access unless you also carry a million bucks in general liability coverage.
Posted 4 months ago. ( permalink )

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luiepl  Pro User  says:

I've never really had too much of an issue with cops. One time and friend and I were at an abandoned leprosy hospital, and with people walking and riding bikes around us we just walked up and inside and got some shots, and nothing bad happened.

Also, the New Years after 9/11 I was in New York and was trying to get some pictures of the World Trade Center site and my friend and I talked to a couple of the security guards and they ended up letting us up on the cat walk which was closed to the public and we were able to shot right into the site unobstructed.

So I think if you do have "contact" with security people or cops, just go out of your way to be polite to them, and answer your questions, but try not to volunteer information ;)
Posted 4 months ago. ( permalink )

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Jef Poskanzer  Pro User  says:

Yeah, I've gotten good results chatting with security guards too. Of course the ones that come at me yelling, I yell right back and get right in their face with my camera.
Posted 4 months ago. ( permalink )

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basegrinder  Pro User  says:

I have some cheapie business cards (officemax.com, $12 for 1,000) with my flickr address on there.

so far people who are "worried" seem OK when I give them one.

mostly its "what are you shooting?"

oh and actually the only drama I had was when I was taking pictures of my university's big hockey rival after we defeated them on OT in the regional playoffs.

they weren't happy...but that falls into "no reasonable expectation of privacy," ie, S.O.L.
Posted 4 months ago. ( permalink )

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cataclyzm  Pro User  says:

I have been caught in Belfast's Harland & Wolff shipyards three times now. Each time was extremely embarasssing. The first time they confiscated my camera - but gave it back to me after satisfying themselves by looking through the images. I was held by security and then allowed to go.
I was told by one of the security guards that the manager had said I was " a man after his own heart." for being curious about Belfast and the Titanic quarter. Much of it has been demolished now so I'm glad I got the shots i needed. But I don't think i will go back.
Posted 4 months ago. ( permalink )

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xxxatheart says:

Just because there are no signs saying 'no trespassing' does not mean you can legally be there. It is someones property, meaning it is private and you should not be there.
Posted 4 months ago. ( permalink )

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shellbell44  Pro User  says:

There are some very good discussions about this subject in the Hardcore Street Photographers group. Just seach "trespass".
Posted 4 months ago. ( permalink )

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windswept.west  Pro User  says:

The problem in the US is the “attractive nuisance” laws. If you see something interesting and you get hurt trying to get a better look you can sue the owner, even if you were trespassing to get into the dangerous situation. Thank the lawyers. Man breaks in to a house and while stealing a TV he falls down the stairs and breaks his leg and the TV. The burglar sued the homeowner for negligently not lighting the stairs. The homeowner had to pay the medical bills via court order.
Posted 4 months ago. ( permalink )

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bfd995 S.W.A.K  Pro User  says:

I have come close to being caught several times. You have to stalk your property. Case the joint. I always circle in slowly. It can take a long time. I don't set up my tripod and waltz around with a light meter (there are those who would) or drop to one knee in a classic photographer stance out in the open. It's all super de duper secret spy action! In an urban environment it can certainly get ugly very quickly in the wrong neighborhood. It's always sad when you drive by a place you were planning to shoot and it's been flattened.
Posted 4 months ago. ( permalink )

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jonathandes  Pro User  says:

I've never really had problems. I have a friend that has gotten stopped by a cop a few times, and he just shows his camera and they usually understand and just say to be careful. But I know that is not true if you head west of here (Massachusetts) because they will arrest you on the spot in New York I've been told.
Posted 4 months ago. ( permalink )

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bfd995 S.W.A.K  Pro User  says:

I always bring something for dogs, in case there are any. I have tossed cookies (ha!) to a concerned dog or two. One other thing you have to keep in mind is encountering homeless people. "Thas' a nice camera!" Most do not want to be discovered. I would rather manage a dog than a homeless guy when I'm tucked away in abandoned places. In the UP of Michigan, a lot of houses look abandoned and are not. Also a lot of abandoned places are used as KAT & Meth Labs. They do not care for cameras either.
Originally posted 4 months ago. ( permalink )
bfd995 S.W.A.K edited this topic 4 months ago.

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jmhouse  Pro User  says:

Yeah, I've never been nearly as worried about the police as I have been about homeless people. On the one hand, you might just be seen as intruding in someone's home and have to do some quick thinking/talking/paying. On the other hand, the potentially violent aspects of mental illness should not be ignored. Criminal behavior changes the game dramatically. Someone running a meth lab may try to kill you. Seriously. And let's not forget plain ol' psychosis: I once found a rabbit hung from a carefully contructed noose at an abandoned textile factory. Do I want to meet the perpetrator of this act? Not really. I even managed to screw up the photo of it:

The Trouble With Old Buildings
Originally posted 4 months ago. ( permalink )
jmhouse edited this topic 4 months ago.

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bfd995 S.W.A.K  Pro User  says:

When you go "where no one else goes" your only going where the mainstream doesn't go. I walked into an old house that was totally trashed and saw signs of occupation. I got so creeped out by the vibes I didn't even take pictures, even though my camera was uncapped and ready to go.
Posted 4 months ago. ( permalink )

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Moochin Photoman  Pro User  says:

Cataclyzm

Was that the Harbour Police that took your camera?
I've been down countless times over the years and never been stopped! Sunday morning is always a good time......i was there last weekend.....

Animal feed store - through the window
Posted 4 months ago. ( permalink )

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titus white  Pro User  says:

In England trespass is a civil wrong but many Acts of Parliament make it a criminal offence to trespass in certain places e.g. parts of railways, military bases, prisons and parts of airports. A trepasser will almost certainly raise a reasonable suspicion of criminal conduct sufficient to justify an arrest in the absence of a believable explanation. Security officers have no power to arrest on reasonable suspicion the detained person has committed a criminal offence and they (like other member of the public) can legally arrest if the person has actually committed an arrestable criminal offence. I've just photographed First World War ordinance thrown up on ploughed fields in France and was told there is always a risk of being arrested but the police usually reserve this for those who go out with metal detectors. I was more worried about the hand grenade I found going off.
Posted 4 months ago. ( permalink )

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ExcuseMySarcasm  Pro User  says:

To date I've only been harassed by the transit police.
Posted 4 months ago. ( permalink )

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average everyday sane psycho  Pro User  says:

New here...

This is a concern of mine but I try to make sure there are no signs and am cautious about where I park, what I touch (nothing), and try not to do anything to draw attention to myself. Another thing I keep in mind, is if ya act like you know what you are doing and with a purpose, people don't tend to give you a second glance. I just hope like heck my luck holds out because I really enjoy preserving our towns history.
Posted 4 months ago. ( permalink )

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sophia_retired says:

Here is an internal security bulletin from a recently reopened waste disposal facility in the south east which just came to light this past March 2008.

Read details at: http://www.flickr.com/groups/throwaway-society/discuss/72157604141969016/


The image is apparently a video grab from a security camera located outside the property. The zoom 48 in the upper right corner indicates either the camera manually or automatically zoomed in on motion that was detected at the gate, or it maybe a computer enhancement done after the fact. Either case it means the actual area covered by the camera is about 48 times what is show in this imagine.

This video grab was apparently used to provide a photo to the security staff at the plant.

The environmental activist in the photo was working with a volunteer group trying to prevent illegal dumping in the bayous and wet lands.

The location in question was a sprawling world war two era defense plant that was sold to a private chemical firm in 1949, this firm shut its doors in the late 1990's.

The environmental group became concerned because the property was purchased in 2004 and began to be reopened as a waste processing facility. The group became concerned because the new owner had a history of enivronmental violations at several previous operations he had owned.

The property is bordered on one side by a channel dug by area oil companies. On the other three sides a lot of foliage has overgrown, making it idea to conceal operations.

The activist in the photo is Kenneth, who retired at 45 after selling a sucessful electronic switch business, he relocated in april 2007 to a small cabin on the bayou. He daily patrolled the area in a small boat documenting plant and wildlife, illegal dumping, poaching, and anything else that he could find. Unfortunately local enforcement is on the lack side to say the least.

Kenneth disappeared in the area on 15 July 2007.
Originally posted 3 months ago. ( permalink )
sophia_retired edited this topic 3 months ago.

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Len Langevin  Pro User  says:

America has to be the worst place for photographer paranoia. Canada - where I am - is a close second. I've never trespassed but have been accosted/questioned by police and/or homeland security idiots on more than one occasion in the US.

Once I was taking pics of kids playing in a fountain in Chicago's Millennium Park. I wasn't in the bushes like a creepy kid stalker or anything like that - I was in there with the rest of the people. This local police dude on a Segway came up to me and told me I couldn't take photos of children.

I politely asked him to show me which laws I was breaking and he just kinda looked around, then got on his Segway and left. In the event I needed it, I carry of printout of the Bert Krage photographers' rights in my camera bag. I also carry one for Canadian Law because there are a bunch of weird-assed people out here who seem to think it's illegal for me to take a picture of them on a street or in a park.

On another occasion, I was taking pics in downtown Baltimore when I was approached by some officers asking me what I was taking pictures of. They let me continue when I told them I was a tourist.....So for all of you terrorists out there planning on bombing Baltimore, simply tell the uniforms that you're a tourist and they'll let you go.
Posted 3 months ago. ( permalink )

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Patty Boh  Pro User  says:

Never been caught before here in Baltimore. I have even had cops offer to take me places!
Posted 3 months ago. ( permalink )

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skazhy says:

here in Latvia, the worst thing that could happen while trespassing, is that gouard will kick you out of the place. Cause most objects are guarded (if they are guarded) by private companies. The LMR factory (in my pics) has no actual guards (only warning signs and angry hobos). And it's 30 minute walk from city center :D
Posted 3 months ago. ( permalink )

ilyakerichenko122 [deleted] says:

cool storie, my friends and i got cought tress passing but we made it out!
Posted 3 months ago. ( permalink )

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oldworldprimitives says:

Thank you mlhradio for the link - I just added a printout to my camera bag.
Posted 3 months ago. ( permalink )

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Mike Bingley  Pro User  says:

Just remember that the line between tresspass and break and enter is very small. If you open a door (even an unlocked one) up here in Canada it's break and enter - if the door is ajar, it's trespass . . .
Posted 2 months ago. ( permalink )

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Ms.Antiorder  Pro User  says:

My fiancee has been arrested for tresspassing more than once for as little as being near train tracks while using his camera.
Posted 2 months ago. ( permalink )

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photographicdesigns  Pro User  says:

After several urbex experiences where I was paranoid I would get caught , I was almost arrested last week for taking a picture of the moon!

I was setup with tripod in a country lane, minding my own business when a police car scratched to a halt next me. A typically arrogant UK cop came at me a pretty aggressively wanting to know 'what I thought I was doing'. I was baffled at where the hell he had come from and why he was so interested in my camera. He was getting angry by the fact I wasnt taking the situation more seriously.

It turned out I had accidentally stopped my car right next to government munitions plant, in the middle of the night, dressed in all black army gear (as I do), pointing my zoom lens in the general direction of the main building.

Oopsies. It was pitch black and I didnt know the area. How was I supposed to know.

In hindsight what surprises me the most was that he never asked to see my pictures to cross check my story. UK policing at its best.
Posted 2 months ago. ( permalink )

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proem*end says:

got stoped once by a uniformed gang member. was told to leave, but told us a spot to get shots of the outsides of the buildings. thanks for showing me a beter way in!!!!
Posted 2 months ago. ( permalink )

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