Archived posting to the Leica Users Group, 2003/12/23

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Subject: RE: [Leica] Re: Inspired but arrested
From: eric@jphotog.com
Date: Tue, 23 Dec 2003 17:03:08 -0600 (CST)
References: <NEBBJDFBIKOBILIKPPBNMEJCOGAA.red735i@earthlink.net>

Actually, my retired State Cop father will tell you they have arrest
powers 24 hours a day,regardless if they're on duty or not. They are sworn to protect us
citizens all the time. Ofcourse that's why malls like under-paid off-duty cops to rent-a-cops who
remind one all toooften of Barney Fife.

Security guards only have civilan arrest authority. They can't do anything
more than your or Ilegally. That is, if they can sit on you until the cops arrive, you're
arrested.
But you can be nailed for trespassing if you defy their order to stop on
private property. Butthey - and police - have NO RIGHT to deprive you of your cameras or film
without a warrant.
(This is in the US, I should add.)

> I'm not so sure that disobeying the direct order of an off duty cop
> acting as a security guard gives them any legalistic standing over a
> non cop doing the same job.  Remember, they are not on the official
> payroll at that time. They are civilians, doing a civilian job.  Their
> demeanor may say otherwise, but I doubt it would stick in court.
>
> Remember that proving yourself  "right" is a matter of finding a lawyer
> to support you and having the financial means and time to win your
> case.
>
> Frank Filippone
> red735i@earthlink.net
>
> . As far as
> "rent-a-cops" most the security cops in the malls in the San Jose area
> are off duty real cops.
>
>
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In reply to: Message from "Frank Filippone" <red735i@earthlink.net> (RE: [Leica] Re: Inspired but arrested)