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	<title>Comments on: Photographer receives apology after armed guards harass him for shooting video</title>
	<atom:link href="http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/</link>
	<description>It's a First Amendment Right</description>
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		<title>By: Rusty Carr</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-22710</link>
		<dc:creator>Rusty Carr</dc:creator>
		<pubDate>Sun, 25 Apr 2010 17:42:00 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-22710</guid>
		<description>Somebody help me out here.  Is it required by law in CA that one show ID to an LEO or security guard?  It was my understanding that no such law existed in this state.</description>
		<content:encoded><![CDATA[<p>Somebody help me out here.  Is it required by law in CA that one show ID to an LEO or security guard?  It was my understanding that no such law existed in this state.</p>
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		<title>By: ken pearce</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-22706</link>
		<dc:creator>ken pearce</dc:creator>
		<pubDate>Sun, 25 Apr 2010 16:34:23 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-22706</guid>
		<description>I have an ongoing trial, wherein I have pleaded NOT guilty to a MTS ticket from an incident on 04/03/2010, on the trolley platform in the El Cajon Station, in the late afternoon, between 5:00 an 6:00 pm . If anyone reading these messages witnessed the incident wherein a group of trolley officers surrounded an aged man with a write hat and grey beard and rendered him unconscious, necessitating the need for an EMT to transport him to a local hospital.  Please contact me at kennpear@live.com if you have any information or would like to pursue a class action suit.</description>
		<content:encoded><![CDATA[<p>I have an ongoing trial, wherein I have pleaded NOT guilty to a MTS ticket from an incident on 04/03/2010, on the trolley platform in the El Cajon Station, in the late afternoon, between 5:00 an 6:00 pm . If anyone reading these messages witnessed the incident wherein a group of trolley officers surrounded an aged man with a write hat and grey beard and rendered him unconscious, necessitating the need for an EMT to transport him to a local hospital.  Please contact me at <a href="mailto:kennpear@live.com">kennpear@live.com</a> if you have any information or would like to pursue a class action suit.</p>
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		<title>By: Michaelk42</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-21546</link>
		<dc:creator>Michaelk42</dc:creator>
		<pubDate>Wed, 31 Mar 2010 11:06:41 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-21546</guid>
		<description>Jeremy Clarkson on Security Guards

Nice essay:

    Of course, we know why he&#039;s really there. He&#039;s really there so that if the bridge is destroyed by terrorists, the authorities can appear on the television news and say they had taken all possible precautions. Plus, if you employ a security guard, then I should imagine that your insurance premiums are going to be significantly lower.

    This is probably why so many companies use security guards these days. It must be, because when it comes to preventing a crime, they are pretty much useless. No, really. If you are planning a heist, job one on the list of things to do is &quot;take out the guard&quot;. He is therefore not an impenetrable wall of steel; he&#039;s just a nuisance.

    And he&#039;s not just a nuisance to the people planning to hit him on the head. He&#039;s also a nuisance to the thousands of people who legitimately wish to enter or leave the building he&#039;s supposed to be guarding.

    At the office where I work, everyone is issued with laminated photo-ID cards that open all the barriers and doors. It is quite impossible to make any sort of progress unless you have such a thing about your person. But even so, every barrier and door is also guarded by a chap who, in a fight, would struggle to beat Christopher Robin. One looks like his heart would give out if you said &quot;boo.&quot; Another has a face that&#039;s so grey that, in some lights, he appears to be slightly lilac. I cannot for the life of me work out what these people are supposed to achieve, apart from making the lives of normal people a little bit more difficult.

http://www.schneier.com/blog/archives/2010/03/jeremy_clarkson.html
.-= Michaelk42´s last blog ..&lt;a href=&quot;http://feedproxy.google.com/~r/blogspot/Pdrn/~3/L9yBsATSR-Q/better-bike-pirate.html&quot; rel=&quot;nofollow&quot;&gt;Better a Bike Pirate&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>Jeremy Clarkson on Security Guards</p>
<p>Nice essay:</p>
<p>    Of course, we know why he&#8217;s really there. He&#8217;s really there so that if the bridge is destroyed by terrorists, the authorities can appear on the television news and say they had taken all possible precautions. Plus, if you employ a security guard, then I should imagine that your insurance premiums are going to be significantly lower.</p>
<p>    This is probably why so many companies use security guards these days. It must be, because when it comes to preventing a crime, they are pretty much useless. No, really. If you are planning a heist, job one on the list of things to do is &#8220;take out the guard&#8221;. He is therefore not an impenetrable wall of steel; he&#8217;s just a nuisance.</p>
<p>    And he&#8217;s not just a nuisance to the people planning to hit him on the head. He&#8217;s also a nuisance to the thousands of people who legitimately wish to enter or leave the building he&#8217;s supposed to be guarding.</p>
<p>    At the office where I work, everyone is issued with laminated photo-ID cards that open all the barriers and doors. It is quite impossible to make any sort of progress unless you have such a thing about your person. But even so, every barrier and door is also guarded by a chap who, in a fight, would struggle to beat Christopher Robin. One looks like his heart would give out if you said &#8220;boo.&#8221; Another has a face that&#8217;s so grey that, in some lights, he appears to be slightly lilac. I cannot for the life of me work out what these people are supposed to achieve, apart from making the lives of normal people a little bit more difficult.</p>
<p><a href="http://www.schneier.com/blog/archives/2010/03/jeremy_clarkson.html" rel="nofollow">http://www.schneier.com/blog/archives/2010/03/jeremy_clarkson.html</a><br />
<span class="cluv"> Michaelk42´s last blog ..<a href="http://feedproxy.google.com/~r/blogspot/Pdrn/~3/L9yBsATSR-Q/better-bike-pirate.html" rel="nofollow">Better a Bike Pirate</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://carlosmiller.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
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		<title>By: CA Sec Guard</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-21542</link>
		<dc:creator>CA Sec Guard</dc:creator>
		<pubDate>Wed, 31 Mar 2010 03:51:09 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-21542</guid>
		<description>In CA any private person has the power to arrest another for a misdemeanor or felony commited in their presence, or for a felony not in their presence, providing probable cause exists (CA PC 837)</description>
		<content:encoded><![CDATA[<p>In CA any private person has the power to arrest another for a misdemeanor or felony commited in their presence, or for a felony not in their presence, providing probable cause exists (CA PC 837)</p>
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		<title>By: CA Sec Guard</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-21541</link>
		<dc:creator>CA Sec Guard</dc:creator>
		<pubDate>Wed, 31 Mar 2010 03:46:13 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-21541</guid>
		<description>Wrong. A private person can arrest for a felony or MISDEMEANOR, if either offense is committed in their presence (a public offense is either a misdemeanor or a felony committed in your presence...the private person can also arrest someone for a felony not committed in their presence.

In general, Trespassing (Penal Code 602) is the most common misdemeanor a CA security guard (who is a private person) will end up arresting soemone for.</description>
		<content:encoded><![CDATA[<p>Wrong. A private person can arrest for a felony or MISDEMEANOR, if either offense is committed in their presence (a public offense is either a misdemeanor or a felony committed in your presence&#8230;the private person can also arrest someone for a felony not committed in their presence.</p>
<p>In general, Trespassing (Penal Code 602) is the most common misdemeanor a CA security guard (who is a private person) will end up arresting soemone for.</p>
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		<title>By: CA Sec Guard</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-21540</link>
		<dc:creator>CA Sec Guard</dc:creator>
		<pubDate>Wed, 31 Mar 2010 03:36:32 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-21540</guid>
		<description>If he was in violation of the Metro Ordinance you described and refused to stop smoking, then they could arrest him for for trespassing, or as you said, for failure to provide i.d. to one of the unarmed Heritage Citation Officers (they actually have unarmed officers who are authorized by the City of San Diego to write citations). If he physically resisted he&#039;s in even worse shape (assault Ca Penal Code 240 and/or battery Ca Penal Code 242 might apply).  
The more interesting question is &quot;is it against the law to photograph or video the Trolley, it&#039;s infrastructure, or the Trolley Security Officers themselves?&quot; (probably no, in which case the S/O&#039;s were wrong in the secondary incident of the photographer).</description>
		<content:encoded><![CDATA[<p>If he was in violation of the Metro Ordinance you described and refused to stop smoking, then they could arrest him for for trespassing, or as you said, for failure to provide i.d. to one of the unarmed Heritage Citation Officers (they actually have unarmed officers who are authorized by the City of San Diego to write citations). If he physically resisted he&#8217;s in even worse shape (assault Ca Penal Code 240 and/or battery Ca Penal Code 242 might apply).<br />
The more interesting question is &#8220;is it against the law to photograph or video the Trolley, it&#8217;s infrastructure, or the Trolley Security Officers themselves?&#8221; (probably no, in which case the S/O&#8217;s were wrong in the secondary incident of the photographer).</p>
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		<title>By: CA Sec Guard</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-21539</link>
		<dc:creator>CA Sec Guard</dc:creator>
		<pubDate>Wed, 31 Mar 2010 03:16:37 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-21539</guid>
		<description>See http://www.gsa.gov/portal/gsa/  
GSA PROPERTY REGULATIONS
SUBCHAPTER C—REAL PROPERTY 
Part 102-74---Facility Management 
Photographs for News, Advertising or Commercial Purposes 
§102-74.420—What is the policy concerning photographs for news, advertising or commercial purposes? 
Except where security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it, persons entering in or on Federal property may take photographs of— 
(a) Space occupied by a tenant agency for non-commercial purposes only with the permission of the occupying agency concerned; 
(b) Space occupied by a tenant agency for commercial purposes only with written permission of an authorized official of the occupying agency concerned; and 
(c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes.

So, if you are a News, Advertising or Commercial Photographer [not an amateur], you must first have written or at least verbal permission from the occupying agency and/or the authorized official of the occupying agency concerned (normally you would politely contact the GSA Property Manager and ask him or her), unless you are a News Photographer (with Press I.D.) shooting pics of building entrances, lobbies, foyers, corridors, or auditoriums for news purposes (i.e., general back-rounds for stories). 

If they say no, it is what it is. 

Permission may be automatically denied if security regulations, rules, orders or directives or Federal Court Orders apply: obviously, a place like Area 51 or Top Gun in Tonopah might have pre-eminent and over-riding security regulations that are not negotiable, vs. the local SSA Field Office.

The bottom line is ask the official property authority first, or you will find yourself detained, maybe sitting in handcuffs, waiting for the Federal Police or other LEO’s to show up and decide what to do with you…

If you don’t like the federal law, then change it - I’m just doing my job; if the law is amended or deleted then it’s not a problem with me.</description>
		<content:encoded><![CDATA[<p>See <a href="http://www.gsa.gov/portal/gsa/" rel="nofollow">http://www.gsa.gov/portal/gsa/</a><br />
GSA PROPERTY REGULATIONS<br />
SUBCHAPTER C—REAL PROPERTY<br />
Part 102-74&#8212;Facility Management<br />
Photographs for News, Advertising or Commercial Purposes<br />
§102-74.420—What is the policy concerning photographs for news, advertising or commercial purposes?<br />
Except where security regulations, rules, orders, or directives apply or a Federal court order or rule prohibits it, persons entering in or on Federal property may take photographs of—<br />
(a) Space occupied by a tenant agency for non-commercial purposes only with the permission of the occupying agency concerned;<br />
(b) Space occupied by a tenant agency for commercial purposes only with written permission of an authorized official of the occupying agency concerned; and<br />
(c) Building entrances, lobbies, foyers, corridors, or auditoriums for news purposes.</p>
<p>So, if you are a News, Advertising or Commercial Photographer [not an amateur], you must first have written or at least verbal permission from the occupying agency and/or the authorized official of the occupying agency concerned (normally you would politely contact the GSA Property Manager and ask him or her), unless you are a News Photographer (with Press I.D.) shooting pics of building entrances, lobbies, foyers, corridors, or auditoriums for news purposes (i.e., general back-rounds for stories). </p>
<p>If they say no, it is what it is. </p>
<p>Permission may be automatically denied if security regulations, rules, orders or directives or Federal Court Orders apply: obviously, a place like Area 51 or Top Gun in Tonopah might have pre-eminent and over-riding security regulations that are not negotiable, vs. the local SSA Field Office.</p>
<p>The bottom line is ask the official property authority first, or you will find yourself detained, maybe sitting in handcuffs, waiting for the Federal Police or other LEO’s to show up and decide what to do with you…</p>
<p>If you don’t like the federal law, then change it &#8211; I’m just doing my job; if the law is amended or deleted then it’s not a problem with me.</p>
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		<title>By: A san diegan who does not approve of a police state</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-20196</link>
		<dc:creator>A san diegan who does not approve of a police state</dc:creator>
		<pubDate>Tue, 02 Mar 2010 18:23:50 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-20196</guid>
		<description>He that would make his own liberty secure, must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach himself.   ~ Thomas Paine</description>
		<content:encoded><![CDATA[<p>He that would make his own liberty secure, must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach himself.   ~ Thomas Paine</p>
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		<title>By: Cam</title>
		<link>http://carlosmiller.com/2010/02/05/san-diego-photographer-receives-apology-after-armed-guards-harass-him-for-taking-photos/#comment-20190</link>
		<dc:creator>Cam</dc:creator>
		<pubDate>Tue, 02 Mar 2010 17:04:53 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9675#comment-20190</guid>
		<description>&quot;I can tell you this with absolute certainty: it’s illegal to take pics on federal property without proper authorization, and you can be held for this if the guard has reasonable cause. Again, anti-terrorism measures!&quot;

I can tell you this with absolute certainty - you are wrong.  You&#039;re the epitome of a &quot;rent-a-cop&quot; - a little bit of power and no knowledge.</description>
		<content:encoded><![CDATA[<p>&#8220;I can tell you this with absolute certainty: it’s illegal to take pics on federal property without proper authorization, and you can be held for this if the guard has reasonable cause. Again, anti-terrorism measures!&#8221;</p>
<p>I can tell you this with absolute certainty &#8211; you are wrong.  You&#8217;re the epitome of a &#8220;rent-a-cop&#8221; &#8211; a little bit of power and no knowledge.</p>
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