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Untuned Misfits (Nick)
 |  | the encounter in that ended it all.
< on 5/22/2010 11:20 PM >
|  | | | my friends and i were out on another day of adventure, when all of a sudden something catches our eye. it was the abandoned target on Colfax avenue. we were curious, and decided to go into it for a little fun, because it was my friends birthday. we get inside, and explored for about an hour and a half, and got lost in the various hallways and rooms that branched off. and were trying to find our way out, not planning to be there for that long. all of a sudden, a huge garage door swings open behind us, and the owner of the building and the police were standing outside. they call us over to get our information, and question us.
they gave us tickets, and a fine for trespassing and vandalism (even though we didn't vandalize). it was that, or they could of charged us for burglary and sent all of us to prison. and we have to go to court soon, and they took my camera for more incriminating evidence. not bad for a Saturday hmmm?
the dark is never a bad thing. |
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sYnOnYx
     
location:
Las Vegas , NV
Gender: Male
what happens here, doesnt stay here.
| |  |  |  | Re: the encounter in that ended it all.
<Reply # 1 on 5/22/2010 11:27 PM >
| | | | Sounds like you tripped an alarm
My Ongoing Blog: :http://www.realismphotography.com/ |
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Mr. "D"
  
location:
East Toronto, Ontario, Canada
Gender: Male
| | Re: the encounter in that ended it all.
<Reply # 2 on 5/22/2010 11:37 PM >
| | | | Yeah maybe an alarm was tripped (possibly silent, you never would have known) or what could have happened is the owner either saw you go in and called the cops or he came while you were in there exploring and then called the cops. (Maybe you guys made loud noises to alert you were there or left something laying around to give away the fact you were in there). All the owner has to do is wait around till the cops show up and catch you in the act. I'm not exactly sure how yours went down, but for the owner and police to be there at the same time usually means one of the above.
But yeah not a very good Saturday indeed, especially for your friend who i'm sure has had better birthdays.
"If you don't believe your country should come before yourself. Ya can better serve your country, by living somewhere else" - Stompin' Tom Connors
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Untuned Misfits (Nick)
| | Re: the encounter in that ended it all.
<Reply # 3 on 5/23/2010 2:38 AM >
| | | | Posted by "Big Daddy D"
Yeah maybe an alarm was tripped (possibly silent, you never would have known) or what could have happened is the owner either saw you go in and called the cops or he came while you were in there exploring and then called the cops. (Maybe you guys made loud noises to alert you were there or left something laying around to give away the fact you were in there). All the owner has to do is wait around till the cops show up and catch you in the act. I'm not exactly sure how yours went down, but for the owner and police to be there at the same time usually means one of the above.
But yeah not a very good Saturday indeed, especially for your friend who i'm sure has had better birthdays.
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there were no sirens outside from the police car, so they werent in a rush to catch us but i am pretty positive that we did trip an alarm, judging by where and how they caught us, i would almost say it was worth it, even though i lost my pride and joy (my camera) and i have lost respect from my family, my grand parents are on the police force. looks like a hot summer of community service for me.
the dark is never a bad thing. |
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Rinzler
location:
New Jersey
Nomad
| | | Re: the encounter in that ended it all.
<Reply # 4 on 5/23/2010 3:00 AM >
| | | | The cops wont use sirens for something like that. Itll give you a chance to run and hide if you know they are there. By them driving up with no sirens, you dont even know they pull up unless you see them or something.
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Adjidica
location:
South Australia
Gender: Male
| | Re: the encounter in that ended it all.
<Reply # 5 on 5/23/2010 3:35 AM >
| | | | sorry to hear that mate...had a similar situation happen once as well
“There is nothing like looking, if you want to find something. You certainly usually find something, if you look, but it is not always quite the something you were after.”
J.R.R. Tolkien |
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/-/ooligan
location:
Las Vegas area
Gender: Male
When in danger, when in doubt, RUN IN CIRCLES, SCREAM AND SHOUT!
| | Re: the encounter in that ended it all.
<Reply # 6 on 5/23/2010 5:54 AM >
| | | | I'm curious as to HOW you got into the building, but especially if you've got a court date coming up, it's a good idea to not be blabbing (read: confessing) anything here that you haven't already told the police.
Seems like you leaned the hard-way that there's a difference between a truly abandoned building and a vacant one.
Certainly a memorable birthday for your friend -- much better then just going to Chuck E Cheese, but not as bad as getting birthday spankings from scary black men in jail!
/-/oolie
There are no stupid questions, just stupid people. |
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kc
Noble Donor
location:
Pueblo, Colorado
Gender: Male
"yah, im hangin the drywall at the new Mc. Donalds"
| | | Re: the encounter in that ended it all.
<Reply # 7 on 5/23/2010 6:35 AM >
| | | | best of luck...this sucks.
Doing a job RIGHT the first time gets the job done. Doing the job
WRONG fourteen times gives you job security. |
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Cowboy
location:
Nashville, TN
Gender: Male
| |  | Re: the encounter in that ended it all.
<Reply # 8 on 5/23/2010 4:30 PM >
| | | | Yeee Haaaaa. Birthday ticket. Hope you had fun.
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Explorer H
Obla-di-obla-doberator
location:
Around the corner from the Turkey Hill
Gender: Male
I just want some slack.
| | | Re: the encounter in that ended it all.
<Reply # 9 on 5/23/2010 6:01 PM >
| | | | Posted by Untuned Misfits (Nick)
and they took my camera for more incriminating evidence. not bad for a Saturday hmmm?
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Evidence to be used how? I don't think they can take your camera if you weren't arrested (handcuffed).
http://doublehmedia.com http://hartmancommercialphoto.com |
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Cowboy
location:
Nashville, TN
Gender: Male
| | | Re: the encounter in that ended it all.
<Reply # 10 on 5/23/2010 6:50 PM >
| | | | Posted by Double_H
Evidence to be used how? I don't think they can take your camera if you weren't arrested (handcuffed).
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It depends on the laws in your area. My friend when ever he encounters the po-po he pulls his memory card out cuz in cali they can take your camera but not the memory card if it is not in the camera.
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Avius
location:
Washington DC / NOVA
Gender: Male
Wow you guys!
| | | Re: the encounter in that ended it all.
<Reply # 11 on 5/23/2010 7:42 PM >
| | | | Posted by /-/ooligan
Seems like you leaned the hard-way that there's a difference between a truly abandoned building and a vacant one.
/-/oolie
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Yeah, BIG difference. QFT.
In places forgotten, tread where you will. -=- http://www.flickr.com/photos/avius/ |
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Explorer H
Obla-di-obla-doberator
location:
Around the corner from the Turkey Hill
Gender: Male
I just want some slack.
| | | Re: the encounter in that ended it all.
<Reply # 12 on 5/23/2010 11:42 PM >
| | | | Posted by max13
It depends on the laws in your area. My friend when ever he encounters the po-po he pulls his memory card out cuz in cali they can take your camera but not the memory card if it is not in the camera.
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Encounter could mean being an ass, or polite. If someone is an ass, then the police will do whatever the hell they want to do. A simple search for "can police take your camera if trespassing" led me to pages, and pages of information. Here's one that spoke in layman's terms.
"If they arrest you, the police may seize your film or memory card, but they still need a search warrant in order to view the contents of the card if you refuse to show them what is on it." more
Either you really got hosed, or you aren't telling the whole story.
http://doublehmedia.com http://hartmancommercialphoto.com |
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/-/ooligan
location:
Las Vegas area
Gender: Male
When in danger, when in doubt, RUN IN CIRCLES, SCREAM AND SHOUT!
| | Re: the encounter in that ended it all.
<Reply # 13 on 5/24/2010 12:45 AM >
| | | | Posted by Double_H
Evidence to be used how? I don't think they can take your camera if you weren't arrested (handcuffed).
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I just read a great article in a cop magazine about what exactly (well, in terms of Supreme Court case law) constitutes an arrest. I wish I still had it here.
If you ever have an encounter with the police during which you are not free to leave at will, it is technically an 'arrest,' regardless of whether or not handcuffs end up being used. This sort of 'arrest' is permitted to allow an officer to make an initial determination (using the officer's training, & experience, plus any evidence) as to whether or not a crime has been committed & the arrested party is a suspect. The officer has a 'reasonable' (based on the situation) time-limit to conduct the investigation and either un-arrest the person with or without issuing a citation, or further the arrest by keeping the person in protective custody based on probable cause to believe a crime meriting prolonged detainment/investigation is warranted.
I'm no lawyer (though I can use big words & phrases like one), but digital storage media like camera flash cards are a growing issue and I wouldn't assume that you're safe by merely removing the digital storage media out of your camera. If you;re caught somewhere you shouldn't be with a camera, it can reasonably assumed that the camera might contain evidence of the crime, and thus be seized as such. Cops are now being trained to look for digital media storage devices. If you're arrested with the camera, the camera is seized for evidence & upon inspection, there's no storage media in the camera, a reasonable person can properly conclude that either you are an idiot that left home with the camera but forgot to bring a storage media for it, or more likely, prior to the camera being seized, you intentionally removed the storage media (attempting to hide/destroy evidence, which can bring another charge, as well as increasing suspicions about your activity). If you have the digital storage media on you & are taken to jail, they'll probably find it there unless you hide it really well, and if it's a major case, the investigators could pretty easily get a search warrant to examine the digital storage device if part of the totality of circumstances were that you had a digital camera with you.
Hell yes, this is all going overboard for what seems to be a case of criminal trespass/malicious mischief into a vacant Target store (I'm killing time as I wait for my dinner to cook).
I have to wonder if the camera was properly seized, or if Nick technically gave voluntary consent if the officer said something like "Well, I can haul you all off to jail now, or if you let me take the camera, then I'll just issue you citations & you can sleep at home with your Binkies tonight!"
With Nick's case, unless they did damage, and/or there have been other problems with people trespassing, vandalizing, etc. at the old Target, there's a chance the property owner/manager will decline to file charges, especially since they weren't hauled-off to jail, just issued citations/notices to appear.
I'd hire a lawyer, have him or her approach the property manager & say something along the lines of "Look, these are dumb, bored kids that are just into the strange 'hobby' of exploring & photographing vacated structures, and are taking photography classes at school. They're scared to death now, are willing to pay for any damages & will even come out one day & pick-up trash around the building if you'd like. They'll also tell all their friends not to mess with your property. They've learned their lesson, and are basically good kids who don't want a criminal record impacting their futures. What's the chances of me getting you to drop the charges?"
If that fails, the attorney will try the same basic sort of thing with the district attorney's office, though the best case scenario is probably you'd have to plea-bargain to a lessor charge, & hopefully just be put on probation.
If the DA/Prosecutor declines that (they'd be insane to!) then your attorney will try reasoning with the judge or magistrate.
Of course, it helps with all of the above if you are juveniles, don't have criminal records already, didn't trash the Target, and were respectful to the police & property owner at the scene.
/-/oolie
There are no stupid questions, just stupid people. |
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digital_me
location:
Colorado
Gender: Male
When the going gets weird, the weird turn pro
| | | Re: the encounter in that ended it all.
<Reply # 14 on 5/24/2010 12:57 AM >
| | | | You're juveniles right? So even if you do end up convicted, it'll go onto a sealed record that will be wiped once you turn 18. You don't even have to tell universities or jobs.
If you voluntarily let the cops look at your camera, that could either go for you or against you. They might say, oh cool photos and that could play in your favor. Or it could just give them more evidence.
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kc
Noble Donor
location:
Pueblo, Colorado
Gender: Male
"yah, im hangin the drywall at the new Mc. Donalds"
| | | Re: the encounter in that ended it all.
<Reply # 15 on 5/24/2010 2:49 AM >
| | | | Posted by digital_me
You're juveniles right? So even if you do end up convicted, it'll go onto a sealed record that will be wiped once you turn 18. You don't even have to tell universities or jobs.
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For the record, juvenile records don't get sealed & wiped unless you make that happen. Granted employers do not see the records, but any cops you encounter may, and as such use that as more reason to be suspicious of you.
Here anyway... that crap follows you and comes back when you least expect it.
Doing a job RIGHT the first time gets the job done. Doing the job
WRONG fourteen times gives you job security. |
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Untuned Misfits (Nick)
| | Re: the encounter in that ended it all.
<Reply # 16 on 5/24/2010 3:00 AM >
| | | | i had told them i was taking pictures, so they took my camera from me and started looking through them. they saw that i had pictures of a graffiti covered storm drain we were in earlier that day, and decided to take my card and scan through all the pictures and see if they can link the graffiti to other similar tags/graffiti crimes in Lakewood. they think that they can solve other cases by looking through my pictures. I think that it will lead them nowhere, since all the graffiti is underground anyways.
the dark is never a bad thing. |
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digital_me
location:
Colorado
Gender: Male
When the going gets weird, the weird turn pro
| | | Re: the encounter in that ended it all.
<Reply # 17 on 5/24/2010 4:11 AM >
| | | | Posted by kc
For the record, juvenile records don't get sealed & wiped unless you make that happen. Granted employers do not see the records, but any cops you encounter may, and as such use that as more reason to be suspicious of you.
Here anyway... that crap follows you and comes back when you least expect it.
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I was informed by the city attorney that that was the case. Bother. I'll have to look into this more.
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kc
Noble Donor
location:
Pueblo, Colorado
Gender: Male
"yah, im hangin the drywall at the new Mc. Donalds"
| | | Re: the encounter in that ended it all.
<Reply # 18 on 5/25/2010 3:40 PM >
| | | | Posted by digital_me
I was informed by the city attorney that that was the case. Bother. I'll have to look into this more.
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I was lied to by many official types, either that or they are really clueless.
Doing a job RIGHT the first time gets the job done. Doing the job
WRONG fourteen times gives you job security. |
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digital_me
location:
Colorado
Gender: Male
When the going gets weird, the weird turn pro
| | | Re: the encounter in that ended it all.
<Reply # 19 on 5/25/2010 4:43 PM >
| | | | Posted by kc
I was lied to by many official types, either that or they are really clueless.
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Oh well it's not like my Uni found out anyway lol. Guess I'd better find out before I start applying for jobs though...
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