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Old Oct 18, 2009, 2:17 PM   #141
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Dave - the police have a responsibility to ANSWER COMPLAINTS. Why should the parent take the law into his own hands? That's what the police are for. Sorry Dave, but you are ignorant (not deragatory just true sense - lacking knowledge of how police work) of how day-in day-out law enforcement works. Just because you don't like it, doesn't mean they weren't doing EXACTLY what they are supposed to do. But feel free to contact any law enforcement agency and ask them - IF they have time and resources to follow up on the complaint if it is an abuse to do so. The reality is, calls and complaints usually get prioritized in big departments. This is a reasonable complaint and the police did their job in following up. Your dislike of it doesn't change the fact they did their job correctly.
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Old Oct 18, 2009, 2:42 PM   #142
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Dave - the police have a responsibility to ANSWER COMPLAINTS. Why should the parent take the law into his own hands? That's what the police are for. Sorry Dave, but you are ignorant (not deragatory just true sense - lacking knowledge of how police work) of how day-in day-out law enforcement works. Just because you don't like it, doesn't mean they weren't doing EXACTLY what they are supposed to do. But feel free to contact any law enforcement agency and ask them - IF they have time and resources to follow up on the complaint if it is an abuse to do so. The reality is, calls and complaints usually get prioritized in big departments. This is a reasonable complaint and the police did their job in following up. Your dislike of it doesn't change the fact they did their job correctly.
I have worked for the ACLU. I have worked for the Law Collective as an investigator. The parent has no right to "take the law into his own hands," but if he wants to write down a plate number for future reference, that's just peachy.

Now I can call the police right now and tell them, "I was minding my own business when this guy stopped and took a picture of me. I want this guy arrested." This btw happens to me all the time, five, ten times a day - Because I own an "attractive nuisance."

A criminal complaint is a complaint of a crime. Taking a picture is NOT a crime. Therefore what legal basis is there to spend MY money to follow up on something that is not in any way, shape, manner or form a crime?

The only qualifying remark I can make is that I have no idea what exactly the police were told. Maybe they were told that the guy made obscene comments or gestures? Maybe they were told that the OP mooned their daughter?

If such is the case, then the police should follow up with the OP, AND charge the parent with making a false complaint.

Dave

Last edited by Chato; Oct 18, 2009 at 2:44 PM. Reason: typo
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Old Oct 18, 2009, 2:46 PM   #143
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Dave - put a ski mask on and go park your car in front of a bank. Are you breaking a law? Nope. Think someone might call the police? Think the police are going to follow-up on the call? Why? You weren't breaking the law by wearing a ski mask in front of the bank.
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Old Oct 18, 2009, 3:13 PM   #144
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Dave - put a ski mask on and go park your car in front of a bank. Are you breaking a law? Nope. Think someone might call the police? Think the police are going to follow-up on the call? Why? You weren't breaking the law by wearing a ski mask in front of the bank.
And? You comparing a possible robbery in progress with someone taking a picture?

Look, the Police are required to log all complaints made to them. That's fine. They are NOT required to follow up in any way, obviously silly complaints. The complaint in question (unless we are missing some of the facts) is in that catagory - A silly complaint.

BTW, in some states wearing a mask is illegal (not in New York however), in other States, it is a seperate crime to wear a mask in commission of a crime.

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Old Oct 18, 2009, 3:24 PM   #145
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Once you put your face in a public space, you lose the right to keep it private. And cars are consider public space in N.America.
Incorrect, otherwise the police would not have to ask permission to search your vehicle. ( USA)

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Old Oct 18, 2009, 3:25 PM   #146
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... in other States, it is a seperate crime to wear a mask in commission of a crime.
So if you're wearing a ski mask while parked legally outside a bank, the police have no reason to be concerned, but if you're parked at a fire hydrant, they can arrest you?

Nobody here has ever said that photographing a child should warrant an arrest, but apparently wearing a ski mask can land you in jail if your tail light is out. As a photographer, what do you have to complain about?
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Old Oct 18, 2009, 3:36 PM   #147
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Look, the Police are required to log all complaints made to them. That's fine. They are NOT required to follow up in any way, obviously silly complaints. The complaint in question (unless we are missing some of the facts) is in that catagory - A silly complaint.

Dave
Doesn't sound silly to me, and I imagine, not to most parents. Law enforcement has a duty to investigate a complaint to determine whether a crime has been committed or not. It sounded as if they had done this in a fairly informal and friendly atmosphere. If the OP had turned up in a database dealing with pedophiles, and had several prior complaints lodged, the situation may have been less friendly. If the OP had belligerently insisted on his rights, and refused to answer questions, the officers would have gone away with a different impression, and their report would note that he was uncooperative. Some might make the assumption he had something to hide, and go from there.

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Old Oct 18, 2009, 3:36 PM   #148
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Incorrect, otherwise the police would not have to ask permission to search your vehicle. ( USA)

brian
This is technically true. But there is no violation of law by the Police if they look into your car and see something illegal in plain sight, such as a gun. They now have probable cause for Both a search and an arrest.

Often enough, the police will even violate the law in these matters. For example if they smell marijanna they will search your car and in their report write that the weed was in plain sight.

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Old Oct 18, 2009, 3:50 PM   #149
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They are NOT required to follow up in any way, obviously silly complaints. The complaint in question (unless we are missing some of the facts) is in that catagory - A silly complaint.
And Dave, that's where I believe your opinion is different than the vast majority of the population. I submit that to most people, someone stopping at a stop light, pulling out a camera and taking a photo of a little girl in the back seat of the car next to them is not normal behavior. And asking the police to follow up is not silly. Again, you're entitled to your opinion but based upon the people I've spoken to I have yet to find a single person that agrees with your opinion. That specific situation is not, by anyone I spoke to, considered normal behavior that should not be cause for concern. Fortunately, there was a good explanation and no one's rights were violated and no crime was commited. To every person I spoke to, not one could think of a legitimate reason why a person would want to pull a camera out at a stoplight and photograph a little girl in the backseat of the car next to them.

Again, your argument basically amounts to "I think it's wrong the police did what they did. It wasn't illegal for them to do what they did, but I think it wasn't necessary so they shouldn't do it". That sounds amazingly like the same type of logic you're complaining about here where people don't like photos taken. You don't like it, so it shouldn't happen. Of course, if you'd like to get an attorney from whatever the Canadian version of the ACLU is that would be great. Or, for that matter - get an ACLU attorney to comment that if this had occured in the USA it would have been police misconduct or a violation of rights. Please go ahead. But short of proving the police violated policy, broke some law or violated civil rights all this really is is you not liking it. No different than Bynx not liking people posting photos on the internet without permission.
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Old Oct 18, 2009, 3:52 PM   #150
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Often enough, the police will even violate the law in these matters. For example if they smell marijanna they will search your car and in their report write that the weed was in plain sight.

Dave
Dave - time to check your legal contacts. The odor of marijuana IS enough for probable cause. They don't have to see it. Precisely why a K-9 unit is allowed to sniff around your vehicle without your permission. If they smell it, the police can search. Now, there are other issues - they are not allowed to keep you there longer than what is required for the reason for the actual stop in order for a police dog to arrive on scene. But yes, even if a police officer SMELLS marijuana, that's probable cause.
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