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UER Forum > UE Photography > got caught trespassing.. have to delete pictures? (Viewed 4619 times)
Colinfromschool 


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got caught trespassing.. have to delete pictures?
< on 5/17/2017 9:49 AM >
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I apologize if this was already answered somewhere, but recently my friends and I were caught inside an abandoned elementary school in newberlin, WI. After we had gotten the tickets, they had ordered us to wipe our sd cards which unfortunately, we decided to do just so we could be done with the whole ordeal. So my question is; do I HAVE to delete my photos if I'm caught trespassing and ordered to do so next time?




Peptic Ulcer 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 1 on 5/17/2017 10:55 AM >
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The answer to your question is no but I'll put an asterisk next to that. When you were caught trespassing you were technically under arrest. Like when you get pulled over for speeding, the officer has the option of issuing a ticket or bringing you to jail for booking. Obviously it's much easier to issue a citation than to go through all the trouble of going through the booking process. The citation in both cases is nothing more than a promise to appear before the court on a certain day.

Refusing to delete the photos can escalate the situation where the officer decides that hauling you into jail is worth it because you're being a jerk (in his mind). There's an old saying, "You can beat the rap but you can't beat the ride".

When confronted with law enforcement the best thing to do is be compliant, be respectful and shut your mouth! Admit to nothing. If they ask you to delete the photos, legally you don't have to. Arguing this point will probably get you a nice body cavity search. Instead of just deleting the photos, they could haul you downtown, confiscate your camera and the SD card and use it as evidence against you.

Even if the photos are deleted you can recover them. Others here can tell you how but I know of one program that cost $10 and worked (ask Blackhawk he turned me on to it).

Hope this helped!




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DescentOnARope 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 2 on 5/17/2017 11:25 AM >
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If you want to try and recover the photos, there are a few choices in software. If you want to go the free route, I use Recuva.

https://www.piriform.com/recuva

Nothing's guaranteed when it comes to things like this, but it's always worth a shot. Your odds are better if you haven't shot anything else since you deleted the pics.




branwoabando 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 3 on 5/17/2017 12:08 PM >
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Always carry spare SD cards just for this very reason. Or shoot film.




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NeuroticMatt 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 4 on 5/17/2017 1:12 PM >
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I carry extra cards, sometimes I will shoot a whole lot of exterior shots and then swap out cards for interior shots switching again on my way out. That way if they see me on the outside and did not see me inside or enter/exit I can just show exterior shots.

Never had to use the tactic, but thought it might help out some day.




Freaktography 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 5 on 5/17/2017 1:24 PM >
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Absolutely agree with the advice above, abide, delete then go home and recover!! It will make the whole situation smoother.

There are some amazing forensic recovery programs you can get and it will be like nothing ever happened.

Also, as others have stated, if you have time before they see you...swap out cards so that you can say "I just got here and only took a few shots"




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yaggy 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 6 on 5/17/2017 2:43 PM >
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Posted by NeuroticMatt
I carry extra cards, sometimes I will shoot a whole lot of exterior shots and then swap out cards for interior shots switching again on my way out. That way if they see me on the outside and did not see me inside or enter/exit I can just show exterior shots.


This is what everyone should do. I heard enough stories of police reviewing camera photos to prove you were inside which adds breaking and entering. I've wiggled out of some situations by acting horrified at the idea of going INSIDE "that dilapidated deathtrap" and that I had just wandered around the outside to take a few quick photos. See? Look at this handful of exterior-only photos...





yokes 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 7 on 5/17/2017 4:58 PM >
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"You want me to delete evidence, officer? Well, ok."




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Fleeting 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 8 on 5/20/2017 6:27 AM >
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I was caught attempting to infiltrate an active building, and I told them I wanted to photograph the place (Mistake for a couple reasons), they of course got mad and wanted me to delete the stuff. I guess it was my compliance and the fact that I kept telling them that I'd leave, so they didn't push that matter. Other times I've been caught or asked for permission, the people didn't believe I was only going to take photos. I've stuck with the common advice of being nice, but perhaps having SD cards to swap wouldn't be a bad idea.




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Landser 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 9 on 5/21/2017 10:02 PM >
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Whenever a police officer is telling you to delete your photos, pull out your cell phone and start recording. You should also keep repeating "I have my rights", "Just so you know, this is going on the internet", and "See? These guys are the problem with our justice system!" It never hurts to add "I am a free inhabitant, your laws to not apply to me". I guarantee that the cop will get so scared of losing his job that he'll let you go free.



[last edit 5/21/2017 10:42 PM by Landser - edited 1 times]

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Mickael 

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Re: got caught trespassing.. have to delete pictures?
< Reply # 10 on 5/21/2017 10:15 PM >
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Posted by Landser
Whenever a police officer is telling you to delete your photos, pull out your cell phone and start recording. You should also keep repeating "I have my rights", "I'm posting this on the internet, for your information", and "See? These guys are the problem with our justice system!" It never hurts to add "I am a free inhabitant, your laws to not apply to me". I guarantee that the cop will get so scared of losing his job that he'll let you go free.



I WANT TO TRAVEL UNMOLESTED. I HAVE NEVER CONTRACTED UNDER THE HIGHWAY SAFETY ACT. ACCORDING TO THE 1215 MAGNA CARTA, [insert blatant legalese here]




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Kate__ 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 11 on 5/23/2017 1:55 AM >
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Posted by NeuroticMatt
I carry extra cards, sometimes I will shoot a whole lot of exterior shots and then swap out cards for interior shots switching again on my way out. That way if they see me on the outside and did not see me inside or enter/exit I can just show exterior shots.

Never had to use the tactic, but thought it might help out some day.


My friend and I do this too and it works! A security guard once asked her to prove that she really was only taking pictures of the outside of a building and we weren't asked to leave or anything when he wasn't able to find any interior pictures!




Zak00 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 12 on 5/23/2017 5:40 AM >
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Posted by Landser
Whenever a police officer is telling you to delete your photos, pull out your cell phone and start recording. You should also keep repeating "I have my rights", "Just so you know, this is going on the internet", and "See? These guys are the problem with our justice system!" It never hurts to add "I am a free inhabitant, your laws to not apply to me". I guarantee that the cop will get so scared of losing his job that he'll let you go free.


I am not going to talk about the whole ''sovereign citizen'' thing and its legality, but that is going to piss of the cop and he is going to do everything in his power to make your life difficult.




Landser 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 13 on 5/23/2017 7:01 AM >
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Posted by Zak00


I am not going to talk about the whole ''sovereign citizen'' thing and its legality, but that is going to piss of the cop and he is going to do everything in his power to make your life difficult.


Lol if you took my post seriously you should develop a sense of humor XD no offense




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shayneox 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 14 on 5/25/2017 5:28 AM >
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you can delete all you want, then get the Handy Recovery program and get them all back in five minutes.




urbexninja 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 15 on 5/25/2017 12:30 PM >
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Posted by NeuroticMatt
I carry extra cards, sometimes I will shoot a whole lot of exterior shots and then swap out cards for interior shots switching again on my way out. That way if they see me on the outside and did not see me inside or enter/exit I can just show exterior shots.

Never had to use the tactic, but thought it might help out some day.


Yes this is the best way!




Dee Ashley 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 16 on 5/25/2017 3:32 PM >
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I was just placed on a two year probation for Trespassing in Texas (the maximum penalty for a Class A Misdemeanor), and one of my conditions of probation is to "Destroy all photos," as well as delete any of the said photos that might be on any social platform or media sites. At first I balked at the idea and was under the mistaken impression I was protected under our Constitution regarding creative works. This seemed very un-american to me to have to forcibly delete my own photos and artwork.
I've asked a couple lawyers, and evidently this is a right I don't have because it was part of my agreed upon conditions of probation (let's see, let them fuck me or go to jail for a year... not a very happy decision, I promise you).
Considering that charges were not known about by anyone or pressed against me until over a month after the "trespassing incident," I don't see how they can possibly enforce this condition with anything other than my word that the photos are destroyed.
The good news is, my situation is incredibly unique - a kind of "worst case scenario," if you will. Your chances of being forced to destroy anything like photos is exceedingly small (unless your probation demands it, of course).

Sorry, guys, I'm still a little bitter over this one.




I wandered till the stars went dim.
Dee Ashley 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 17 on 5/25/2017 3:37 PM >
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Posted by DescentOnARope
If you want to try and recover the photos, there are a few choices in software. If you want to go the free route, I use Recuva.

https://www.piriform.com/recuva

Nothing's guaranteed when it comes to things like this, but it's always worth a shot. Your odds are better if you haven't shot anything else since you deleted the pics.


Thanks for this info, I'm downloading their Mac version now.




I wandered till the stars went dim.
stealthwraith 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 18 on 5/25/2017 4:27 PM >
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Posted by NeuroticMatt
I carry extra cards, sometimes I will shoot a whole lot of exterior shots and then swap out cards for interior shots switching again on my way out. That way if they see me on the outside and did not see me inside or enter/exit I can just show exterior shots.

Never had to use the tactic, but thought it might help out some day.


This is brilliant. I carry a camera and a phone, often shoot the same shots on both (at least I used to, my battery is shot and I'm just going to get a dslr finally) and have always intended to hand over just one device if ever caught. This however seems like an additional buffer that I'm going to add!




Stealth: adj. designed in accordance with technology that makes detection difficult. Wraith: n. A wisp or faint trace of something
stealthwraith 


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Re: got caught trespassing.. have to delete pictures?
< Reply # 19 on 5/25/2017 4:39 PM >
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Posted by Dee Ashley
I was just placed on a two year probation for Trespassing in Texas (the maximum penalty for a Class A Misdemeanor), and one of my conditions of probation is to "Destroy all photos," as well as delete any of the said photos that might be on any social platform or media sites. At first I balked at the idea and was under the mistaken impression I was protected under our Constitution regarding creative works. This seemed very un-american to me to have to forcibly delete my own photos and artwork.
I've asked a couple lawyers, and evidently this is a right I don't have because it was part of my agreed upon conditions of probation (let's see, let them fuck me or go to jail for a year... not a very happy decision, I promise you).
Considering that charges were not known about by anyone or pressed against me until over a month after the "trespassing incident," I don't see how they can possibly enforce this condition with anything other than my word that the photos are destroyed.
The good news is, my situation is incredibly unique - a kind of "worst case scenario," if you will. Your chances of being forced to destroy anything like photos is exceedingly small (unless your probation demands it, of course).

Sorry, guys, I'm still a little bitter over this one.


I'm sorry this all happened to you! I do have to say I am grateful to you for sharing your tale though; I have read what Ive stumbled upon here and hope I've absorbed some wisdom from your plight. Thank you.

That said, losing photos for whatever reason is painful; I waited 8 years to recover 3000+ photos from time I lived abroad and learned the lesson that multiple SD cards is an option rather than uploading and deleting from the same one over and over. Much more minor and in no way stating equivalence, just that the loss of ones art is like a physics wound (even if said art isn't that great!)




Stealth: adj. designed in accordance with technology that makes detection difficult. Wraith: n. A wisp or faint trace of something
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