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Define Personal Space

diesel556

Lone Star Veteran
Joined
Nov 27, 2008
Messages
714
Location
Seattle-ish, Washington, USA
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JBURGII wrote:
As far as 'Unhappy' goes, the owner of the facility has supported our decisions which is great.
That is GREAT to hear. Sounds like he just needed to hear both sides of the story. Hopefully he'll give you the benefit of the doubt from the beginning next time.
 

Orygunner

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Jun 5, 2008
Messages
737
Location
Springfield, Oregon, USA
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About the "One-Party consent"... It appears to methat under Oregon State Law that only applies to telephone or radio communication. If you're in a face-to-faceconversation, all parties must be notified (note: they don't have to give consent, just be notified).

http://www.leg.state.or.us/ors/165.html

165.540 Obtaining contents of communications. (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of this section, a person may not:
(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained.

There's a few exceptions: Subsection (3) appears to exclude you if you're in your own home, but I'm not quite sure what "subscriber" means in that subsection.

Here's a website that seems to have it right:
http://www.rcfp.org/taping/states/oregon.html

...Orygunner...
 

Gator5713

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Joined
Sep 28, 2008
Messages
591
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Aggieland, Texas, USA
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I think that you may be missing a couple of things on recordings....
Now, I am not a lawyer, nor do I know anything of really any state law other than Texas...
IIRC, most statutes/laws pertaining to recording and notification are primarily focused on phone conversations and private meetings... This is due to 'reasonable expectation of privacy'. If you are in a private space (meeting room, home, etc) on on a phone call (third party cannot hear both sides of the conversation) then you have a 'reasonable expectation of privacy' and thus must notify if you are recording (not so in Texas...) However, if you are in a public place where you could be easily observed by a third party, then you have no reasonable expectation of privacy and therefore anybody could record you witout even being a party of the conversation, therefore no consent is needed to record.
Kind of like the paparazi... When a celebrity is in public, they get photographed and there is nothing that they can do about it, however the paparazi cannot sneak into their houses and film them there.
Simalarly, security camaras on your house can record your property and any public access areas (the street or alley) but NOT your neighbors property.
 

Orygunner

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Jun 5, 2008
Messages
737
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Springfield, Oregon, USA
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Oregon state law does not prohibit photography or videotaping anywherethat I can find, but it does have these audio recording rules that are somewhat vague and poorly written in spots.

Therearen't even any lawsagainst evesdropping... You can listen in to any conversation, you just can't record it, unless following the notification guidelines.

Oregon law does list as notification exemptions for recording conversations:

ORS 165.540 (6) (a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events;
(c) Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made.

Some argue that if you're holding up an audio recorder (or video camera recording audio) that it should be reasonable to know a recording is being made, but I think there was someone up around Portland that was arrested recently for openly videotaping police. (I know Grishnav had a separate incident on the MAX train in Portland and was charged with violating this statute for audio recording a police encounter).

...Orygunner...
 

JBURGII

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Aug 9, 2008
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A, A
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I had fully planned on notification just to cover all my bases anyway.. doesn't hurt to be extra careful. To be honest, I believe some of the folks I would have to record in doing my job would probably be the cause of some agravation on their part.. hehe.. doesn't take much to rile up these people.

Not to mention one of my tenants (former military) donated a security camera for me to use. Has video/audio and night vision. Properly posted in a public area of the building.. the communal kitchen. :lol:

Due to the stresses caused by the entire event, I believe in my g/f's best interest we are going to look for other living arrangements. Has sure been a learning experience. Although I have enjoyed standing on my porch armed staring into the front office of the PD..

J

"All hail J! All hail J!"
 

SteveInAshand

Regular Member
Joined
Jan 10, 2009
Messages
267
Location
Ass-land (Ashland) OR, , USA
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Having only jumped through the replies, I can only ad value to this thread by way of my own experience rather than being an arm chair lawyer.

I "always" call the cop's 1st before any knowable confrontation is about t take place, and I call them to "preserve the peace" which is a common call out term for police officers.

I call the cops 1st.

1) To let them know ahead of time that" I" am the "peaceful one" who wants to "preserve it".

2) I am the "innocent" party that wants law & order upheld.

3) I am not afraid of the police and consider them to be an ally on "my side"

4) By placing a call to the police dispatcher I have a recording of my explanation of the situation and a description of the emotional state of the possible law breaker to the dispatcher where by it is recorded for posterity and a court of law's sake to possibly be used against the law breaker and to be an alibi / witness for me.


As to "personal space" You probably already have read or know about this, but anyone who "gets in your face" with a very loud verbal assault or threats in even a low voice right nose to nose is already stepping across the threshold into felony territory and casing a real threat to / your own personal castle ( body).


Ask any jerk who put his face nose to nose with a cop and the cop will read the charges out loud after Mr jerk has been wrestled to the ground and cuffed, so you can find out the hard way that nose 2 nose is considered a threat in cop land.


This can be considered a real stark threat to you personal safety , even your life,"if" the "if" factor comes into play.

All things being equal, eminent threat of deadly force from him = deadly force back to him.

Non deadly from him = non deadly force back to him


You are within your rights to immediately shoot this guy to stop his assault (not necessary kill him) "IF" you deem this person to be immanent ready willing , actively & able to hurt and or kill you or your g/f.

That is a Grey area, He could yell all he wants and not be a threat to your life, OR He could yell all he wants and BE a threat to your life, only YOU can know this.

This is a real time thing, I could confuse the situation by even speaking about it, so please read my reply with a kind of stand back type of objectivity, ok,


"IF" this person in your estimation does not have the ability to immediately cause grievous bodily injury then your course of action is to back up to create a small space and warn in a very loud voice to STOP ...Given this You have to asses the situation and the assailants ability to really and truly harm you vs your leaving the area or diffusing the situation if possible.

I cannot arm chair these situations, but I have been in 3 shooting as a civilian, (I walked away from all 3, they did NOT ) and I know it happens really fast , once the ball gets rolling it gets from bad to FUBAR at light speed and you cannot hesitate, your only ally is your "God" given awareness, constant mental prep for all the possible eventualities, practice-practice-practice and avoidance of places , areas and times where you could get caught at a disadvantage, the rest is left up to God.

Suggestion read and listen to a LOT of Massad Ayoob.
 

JBURGII

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Joined
Aug 9, 2008
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612
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A, A
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Hey Steve, the events unfolded so fast we didn't take time (should have)to call LE as we have gone through these scenes almost daily since taking over this place. Didn't want to cry wolf as it were.. come to find out this fellow is rumored to use judgement altering substances.

I was informed by LE that no matter what, a person can be within inches of you screaming at you and if you have to touch them to escape the situation, you are commiting a class B misdemeanor / harassment.. 2500.00 fine. I am not saying I take this to be completely true.. but that was our advisement.

How many of us have stood nose to nose with someone else and looked into their eyes, can actually see the threads of control slipping..

I thought I would post tonite also to add a link to this.. four blocks from my residence...

http://www.kval.com/news/37640094.html
 

Deanimator

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Joined
Sep 21, 2007
Messages
2,083
Location
Rocky River, OH, U.S.A.
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JBURGII wrote:
Hey Steve, the events unfolded so fast we didn't take time (should have)to call LE as we have gone through these scenes almost daily since taking over this place. Didn't want to cry wolf as it were.. come to find out this fellow is rumored to use judgement altering substances.

I was informed by LE that no matter what, a person can be within inches of you screaming at you and if you have to touch them to escape the situation, you are commiting a class B misdemeanor / harassment.. 2500.00 fine. I am not saying I take this to be completely true.. but that was our advisement.

How many of us have stood nose to nose with someone else and looked into their eyes, can actually see the threads of control slipping..

I thought I would post tonite also to add a link to this.. four blocks from my residence...

http://www.kval.com/news/37640094.html

If they knew the law so well, why aren't they charging $350/hr?

If you want to save money, ask a cop the law.

If you want to stay out of jail, ask a lawyer the law.
 

JBURGII

Regular Member
Joined
Aug 9, 2008
Messages
612
Location
A, A
imported post

Deanimator wrote:
JBURGII wrote:
Hey Steve, the events unfolded so fast we didn't take time (should have)to call LE as we have gone through these scenes almost daily since taking over this place. Didn't want to cry wolf as it were.. come to find out this fellow is rumored to use judgement altering substances.

I was informed by LE that no matter what, a person can be within inches of you screaming at you and if you have to touch them to escape the situation, you are commiting a class B misdemeanor / harassment.. 2500.00 fine. I am not saying I take this to be completely true.. but that was our advisement.

How many of us have stood nose to nose with someone else and looked into their eyes, can actually see the threads of control slipping..

I thought I would post tonite also to add a link to this.. four blocks from my residence...

http://www.kval.com/news/37640094.html

If they knew the law so well, why aren't they charging $350/hr?

If you want to save money, ask a cop the law.

If you want to stay out of jail, ask a lawyer the law.

Oh believe me, legal counsel has a better grasp of it than the officer who wrote the ticket.. I wasn't looking for advice from the LEO, just clarification from his viewpoint as he was writing a ticket.

J
 
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