Archived posting to the Leica Users Group, 2001/06/21

[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]

Subject: Re: [Leica] Home depot and the rest
From: Mark Rabiner <>
Date: Thu, 21 Jun 2001 19:39:17 -0700
References: <> <002e01c0fab4$279976c0$60088ed1@hppav>

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.

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

In reply to: Message from "Austin Franklin" <> (RE: [Leica] Home depot and the rest)
Message from "Bryan Caldwell" <> (Re: [Leica] Home depot and the rest)