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Thread: Here's a question for all the "What If" people

  1. #1
    Accomplished Advocate peter nap's Avatar
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    Here's a question for all the "What If" people

    If a Municipal office has a Courtroom somewhere in the building, has unmanned metal detectors and only a sign that says "No Cell Phones"....would one be in danger of a contempt charge if he accidentally left a small camera running in his pocket?

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    Regular Member ProShooter's Avatar
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    I smell a story...
    James Reynolds

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    Regular Member scouser's Avatar
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    Quote Originally Posted by peter nap View Post
    If a Municipal office has a Courtroom somewhere in the building, has unmanned metal detectors and only a sign that says "No Cell Phones"....would one be in danger of a contempt charge if he accidentally left a small camera running in his pocket?
    is there a sign that says 'no cameras', does the no cell phone sign address cellphones with photo taking capability or just cellphones in general. I mean does the sign make it obvious that a cellphone ban is because of the ability of cellphones to take photographs, or am I perfectly entitled to believe the cellphone ban is because they don't want my ringtone disturbing the proceedings?
    Last edited by scouser; 06-05-2013 at 09:33 AM.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ProShooter View Post
    I smell a story...
    Yep....Your input would be most appreciated Jim.

    Scouser, no signs other than no cellphones.

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    I'm one of those who still think that the courtrooms are different from buildings that happen to house a courtroom. And my opinion for what it's worth is that they ban cell phones because they don't want calls to interrupt the court. And if they don't have a sign that bans cameras....then they aren't banned by inference (as they aren't a cell phone with a camera).

    But can't wait to see what's going on and how it turns out!
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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    If a Municipal office has a Courtroom somewhere in the building, has unmanned metal detectors and only a sign that says "No Cell Phones"....would one be in danger of a contempt charge if he accidentally left a small camera running in his pocket?
    Sadly, the answer to this question probably depends entirely on what you manage to catch on tape, and who it is that is saying it!



    TFred

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    Regular Member wylde007's Avatar
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    Can't Wait to See Where This Goes...

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    Some or many courts allow video taping either w/o permission or with needed permission.

    I think that we have a right to video tape in court ... we should not need "permission".


    Anyone arrested for it would be found not guilty or a mistrial if I am on the jury.

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by peter nap View Post
    Yep....Your input would be most appreciated Jim.

    Scouser, no signs other than no cellphones.
    In a courtroom/courthouse, the Chief Judge more than likely has issued a court order against video taping.

    With that said, in a municipal office that shares a building with a courtroom, has unmanned metal detectors and sign only prohibiting cell phones and not cameras specifically, I would think you should be in the clear.
    James Reynolds

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    Campaign Veteran skidmark's Avatar
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    I keep telling you, but does anybody bother to read, let alone listen? Noooooo.

    The question of "What is a courthouse" was answered a long time ago. There has not been any other case that changes, modifies, or otherwise conflicts with the decision handed down.

    Go here http://www.virginia1774.org/CourthouseArea.html and read it. Actually read it. Then bookmark it so I do not have to go into my bookmarks to drag it up time after time.

    (because OCDO will only allow me 5 smilies in a post - use your imagination and pretend there are row after row after row of them)

    stay safe.
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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Some or many courts allow video taping either w/o permission or with needed permission.

    I think that we have a right to video tape in court ... we should not need "permission".


    Anyone arrested for it would be found not guilty or a mistrial if I am on the jury.
    Enlighten me - how do you get a jury trial in a civil or criminal contempt of court proceeding in Virginia?

    18.2-456. Cases in which courts and judges may punish summarily for contempt.

    The courts and judges may issue attachments for contempt, and punish them summarily, only in the cases following:

    (1) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;

    (2) Violence, or threats of violence, to a judge or officer of the court, or to a juror, witness or party going to, attending or returning from the court, for or in respect of any act or proceeding had or to be had in such court;

    (3) Vile, contemptuous or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;

    (4) Misbehavior of an officer of the court in his official character;

    (5) Disobedience or resistance of an officer of the court, juror, witness or other person to any lawful process, judgment, decree or order of the court.
    If that does not work for you, try this: http://www.vsb.org/docs/valawyermaga...01thornton.pdf

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  12. #12
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by skidmark View Post
    Enlighten me - how do you get a jury trial in a civil or criminal contempt of court proceeding in Virginia?



    If that does not work for you, try this: http://www.vsb.org/docs/valawyermaga...01thornton.pdf

    stay safe.
    I wasn't even going to bother Skid!

    David, maybe just once in a while when you post, you should remember this is Virginia.

    Thanks Jim!
    Last edited by peter nap; 06-05-2013 at 02:29 PM.

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    Quote Originally Posted by skidmark View Post
    I keep telling you, but does anybody bother to read, let alone listen? Noooooo.

    The question of "What is a courthouse" was answered a long time ago. There has not been any other case that changes, modifies, or otherwise conflicts with the decision handed down.

    Go here http://www.virginia1774.org/CourthouseArea.html and read it. Actually read it. Then bookmark it so I do not have to go into my bookmarks to drag it up time after time.

    (because OCDO will only allow me 5 smilies in a post - use your imagination and pretend there are row after row after row of them)

    stay safe.
    Wasn't sure if the above was directed at my above comment about what constitutes a courthouse, but if it was, I said that because I'm in Virginia Beach....although I have read that before and get it, but here we have buildings here that are treated as if they are a courthouse even though they have many other kinds of offices in them.
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  14. #14
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by drdan01 View Post
    Wasn't sure if the above was directed at my above comment about what constitutes a courthouse, but if it was, I said that because I'm in Virginia Beach....although I have read that before and get it, but here we have buildings here that are treated as if they are a courthouse even though they have many other kinds of offices in them.
    No, drdan, it was not directed at your comment. But you do point out the annoying fact that we are allowing things that are not courtrooms to be treated as if they were, and we are putting up with restrictions that are not allowed by the Code of Virginia.

    Yes, it will take a smart@$$ with deep pockets to make the point. I qualify on the first part but not on the second. And having been through the wringer once, I do not want to get near it again without being financially prepared.

    That being said, I'll pledge $50 right now to chip in to help pay peter nap's contempt fine if he videos someone handing that decision to the chief judge of any circuit court in Virginia and tells the judge to read it.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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