Dealing with trespasser while OCing

MSG Laigaie said:

I friend of mine had his dog poisoned. He kept this to himself or I would have told him to be wary. His home was burglarized a few days later. YMMV, but I would not have let her leave without exposing the film to daylight. Please let your local LEOs know of the incident, just to get it recorded. If nothing happens, you are good, if something does happen, you are prepared. Getting the film may be impossible now, but you may be able to limit its use.

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You're a few years behind, MSG. Probably using digital tech.

Doesn't really matter if they own the property outright or are still paying on it. I can't imagine any reason other than something nefarious that would require that sort of action by anyone. Certainly file a report with the local constable.

Mortgage companies as well as insurance companies routinely photograph properties where they have a vested interest. Often times the mortgagee or insured has signed something with fine print authorizing the photos, and even without said permission it is 100% perfectly legal to stand on a public way and photograph a property.

Everyone advocating assaulting/pointing a firearm at the photo taker or destroying that person's film or camera is advocating actions that'll quickly get your ass thrown in jail.

Unless you are a Baltimore cop...

http://petapixel.com/2015/04/27/pho...e-police-gets-up-and-keeps-shooting-protests/


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notalawyer said:

So I'm confused, was she on your (parents) property or not?

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When we stopped her she was not on our property, however she did proceed to drive on our property while conducting the taking of the photos. Considering when she was taking the photos when my mother saw the camera, she was in the middle of our driveway blocking it. When I shouted at her, she was blocking our driveway, then she proceeded to drive onto the adjoining property onto another driveway where she stopped for the interaction.

jfrey123 said:

Mortgage companies as well as insurance companies routinely photograph properties where they have a vested interest. Often times the mortgagee or insured has signed something with fine print authorizing the photos, and even without said permission it is 100% perfectly legal to stand on a public way and photograph a property.

Everyone advocating assaulting/pointing a firearm at the photo taker or destroying that person's film or camera is advocating actions that'll quickly get your ass thrown in jail.

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The mortgage company in question, technically has no vested interest in the property anymore as they gave my parents the title/deed & it is recorded via the County Auditor's office that my parents are the legal owners outright.

All the photos were taken on private driveways, not on any streets, so she was not on any public right-of-way.

"cease & desist all activity"

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OMG, really? Your lawyer tell you to say that? Lol.

DeSchaine said:

You're a few years behind, MSG. Probably using digital tech.

Doesn't really matter if they own the property outright or are still paying on it. I can't imagine any reason other than something nefarious that would require that sort of action by anyone. Certainly file a report with the local constable.

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so.. even if she was using a digital camera..

then requesting camera and deleting said photos does not place any financial burden on the owner to replace the "film" since no film is present since there is no "physical" film, only memory space. which was expanded by your charitable actions in deleting the photos.


I would have probably blocked her car from leaving the driveway, asked that she hand over the camera upon seeing it, deleted the photos, and contacted police for the trespass. not necessarily in that order.

may have gotten the police to get her to surrender the camera for evidence of trespass.

and let her know she was currently under a citizens arrest for suspicious behavior and trespassing, thereby giving me the right to detain her until such time as law enforcement arrived.

recently at a organizational social function, one of the employees started taking fotos of attendees, i kindly walked up and privately asked i not be included in the fotos that i know you are putting on FB. They postured...i calmly explained... you have no foto releases from these attendees to take and use their likeness on your organizational FB page, since none of us are celebrities, we anticipate our privacy is to be respected. additionally, i pointed out nicely, if you do not take foto(s) of me, i shan't raise a stink about the other attendee's fotos you might take during this gracious social event.

interestingly, there were no more fotos taken the remainder of the event after they went and talked to the head event organizer.

ipse

solus said:

recently at a organizational social function, one of the employees started taking fotos of attendees, i kindly walked up and privately asked i not be included in the fotos that i know you are putting on FB. They postured...i calmly explained... you have no foto releases from these attendees to take and use their likeness on your organizational FB page, since none of us are celebrities, we anticipate our privacy is to be respected. additionally, i pointed out nicely, if you do not take foto(s) of me, i shan't raise a stink about the other attendee's fotos you might take during this gracious social event.

interestingly, there were no more fotos taken the remainder of the event after they went and talked to the head event organizer.

ipse

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A opportunity for fame, however fleeting, missed...it is Facebook ya know...Facebook!

Nightmare said:

Unlawful restraint, maybe even kidnapping depending on the jurisdiction.

A trespasser must be allowed to cure the trespass, else be unlawfully restrained. "I was trying to leave but the jackleg wouldn't let me."

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Then ya shouldn't ah come on my land!

Circular logic, judges are exempt...re the rules of logic.

Nightmare said:

Unlawful restraint, maybe even kidnapping depending on the jurisdiction.

A trespasser must be allowed to cure the trespass, else be unlawfully restrained. "I was trying to leave but the jackleg wouldn't let me."

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Easy, the person can leave, the vehicle is detained as proof of such violation of the law. Different states are different, but since this issue took place in Washington state, I present you with this...

http://www.dol.wa.gov/business/securityguards/docs/citizenarrest1.pdf

Under Washington law, a private person can conduct a citizen’s arrest for a misdemeanor

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Seems to me, that if the trespasser tried to leave the property with images of, your home and property,that may be theft.
Especially if the photos were not authorized.

............................... Jack