Archived posting to the Leica Users Group, 2001/06/21
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Bryan Caldwell wrote: > > My scenario would be more like this: > > You are taking pictures in a shopping mall which forbids photography. In > most U.S. jurisdictions, the owner of a mall has the right to forbid > photography on the premises. The owner (or his agent) askes you to stop and > you refuse. The owner asks you to leave. You again refuse and continue your > picture taking. You are now committing a criminal trespass which is defined > in most jurisdictions as remaining on private property without the owner's > permission. (It is difficult, however, to speak in general terms or cite > specific statutes, because criminal trespass is usually the subject of local > ordinances, not state laws.) The owner has the right to reasonably detain > you while he calls the police. Although you have been refusing to leave, you > might take off running when you realize that he's really calling the police. > The point is that a shopkeeper has the right to reasonably detain someone > that he suspects of criminal activity. Once he asks you to leave because you > insist on a continuing course of conduct that he may legally forbid, and you > refuse to leave or cease the conduct, you are committing a criminal act the > same as if you were shoplifting or violating a restraining order. > ><Snip> So you are running away but his goons can stop you because you didn't leave when he wanted you to? I this USA of ours? That's a tough one! Mark Rabiner walk don't run Portland, Oregon USA http://www.rabiner.cncoffice.com/