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Arrested while shooting: a cautionary tale
Yes, this is long, sorry.... Back in January, I made plans to shoot with a photographer I had worked with before, at a location I had shot at dozens of times. I was turned onto the location by another photographer, and judging by the posts on urban exploration websites, it's a pretty popular shoot destination. I met the photographer there, his female assistant, and we also had another brand new model join us as well. The building on the property is surrounding by fencing- as well as No Trespassing signs- so we parked on a public road, and avoided that area, choosing instead to walk around where a new bridge is being built on a public road. This area is super remote, and I have never heard so much as a car pass anywhere near anytime I've been there. We continued to walk, sometimes off the road, as the area is very post-apocalyptic and interesting, hoping we could see something to shoot. We had been there less than 15 minutes, and taken no images, when a construction worker informed us we were "trespassing, and the law has been called." We immediately apologized, not realizing it was private property, and left immediately, but the police were already there waiting for at the road. Again, we were very compliant and apologetic, but the property owners were insistent we be arrested and charged with second degree trespassing, which we were. Making a long story short, we all 4 hired lawyers, went to trial since the property owner was not willing to drop the charges, and lost. We were all convicted on a Prayer For Judgement Continued (apparently not all states have this. It's basically "conviction light"), meaning I now have a criminal record. According to the property owner, there were signs posted, meeting the minimum NC requirement of having one 8x11 inch sign posted every 200 yards (absurd, but, okay). I cannot afford the appeals process (today was my last day to appeal anyways), nor do I have the time, considering this has cost me multiple jobs already , and the courthouse is 90 minutes from my house, without traffic. I did not post this for any remarks about how it was handled, either my myself, the attorneys, or other parties involved, but as a cautionary tale to all my fellow creatives. Just because you think it's public property, or don't see any signs posted, do NOT assume it is public- please get permission from the property owner; if you can't, don't shoot there. Related note: I probably will not be up for shooting at random locations anymore lol. Edit for clarity: The area we were shooting was NOT fenced, and was a solid mile away from the "construction" area. Apparently when meandering off the road, we ventured a mere 5 feet off the public easement, onto private property. 5 feet people. The property owner is a dick not for protecting his property rights, but was a dick for a multitude of other reasons (lying on the stand, falsifying information, and others). We did NOT knowingly trespass. Had we known it was private property, or had it been properly posted, we would have packed up and went home. And because some people missed it the first time, I will NOT be publicly discussing details regarding the case itself, or NC law. Please feel free to pm me for additional details if you would like them. Mar 30 12 07:21 pm Link 
Photographer Posts: 10714 Syowa - permanent station of Japan, Sector claimed by Norway, Antarctica *internet hugs* Mar 30 12 07:23 pm Link The property owner sounds like a real jerk. I'm sorry about your misfortune, but thanks for spreading the words of caution. Mar 30 12 07:27 pm Link sounds like this property owner was a real A-hole... why were you harming...nothing I am sure... just be glad this fool isn't a relative ... I have been chased from 1 or 2 locations...but never arrested,,,N.C. must be in dire need of funds... sorry this happened to you Mar 30 12 07:29 pm Link Did I ever tell you how much I love felon llamas, Brennan!!! :-)) Mar 30 12 07:30 pm Link Ira Meyer wrote: It's a misdemeanor, my first ever!! Hell, I don't even have any traffic tickets!!! Mar 30 12 07:31 pm Link Images Sell LLC wrote: He was. Is. Mar 30 12 07:32 pm Link Images Sell LLC wrote: PHOTOS BY DILLEN wrote: How is he a jerk for defending his property rights? By the OP's own admission, this area has been frequented numerous times by himself and others. The property owner was probably sick of the trespasses. What if someone is injured on his property - then he would be getting sued. Mar 30 12 07:32 pm Link
Photographer Posts: 10714 Syowa - permanent station of Japan, Sector claimed by Norway, Antarctica Photography in public is like the new black, they think we're all terrorists. Mar 30 12 07:33 pm Link Wow, sorry that happened! My best to you! Mar 30 12 07:34 pm Link That has to be the biggest waste of time for a criminal court I have read of late. What chaps me about your story is that it is not up to the property owner to drop the charges. The victim is ancillary to the proceeding. A crime is against the peace of the state. The prosecuting body obviously does not have much to do if they took this to trial. Thank you for the warning about NC. Notice once every 200 yards? Wow. Makes me wonder what the property owner is up to that he/she is so concerned about some art happening.... I've been warned for trespassing once in Texas. The security guard was on us like in 30 seconds. But calling the cops? Sheesh. Mar 30 12 07:35 pm Link The owner is probably sick of damage done by idiots, I didn't press charges the first few times kids got into my "neat old space" The 4th time they did stupid pointless damage.... now everyone gets charged. Idiots ruin it for everyone. Sorry you got the short end of the stick.... but sometimes that is how it goes. Mar 30 12 07:36 pm Link Wild Side Studios wrote: Images Sell LLC wrote: How is he a jerk for defending his property rights? By the OP's own admission, this area has been frequented numerous times by himself and others. The property owner was probably sick of the trespasses. What if someone is injured on his property - then he would be getting sued. Nope. 100% defense against trespass, unless there is a child injured while trying get to an 'attractive nuisance.' Mar 30 12 07:36 pm Link Wild Side Studios wrote: There was no malicious intent, we were apologetic, and left immediately. How can this even serve as making an example out of us? It's not like it's going to be in the local news. Mar 30 12 07:37 pm Link wow what a dick he is. Mar 30 12 07:38 pm Link B R E N N A N wrote: Shrug it off and move on. We all make mistakes, but he is the one who sounds like the jerk! Mar 30 12 07:38 pm Link Svetlana Muerte wrote: First, there is not a 100% defense against trespassers...there is a duty to warn of hidden/dangerous conditions in many states for known or anticipated trespassers. But that really is not the point - it is his property. Let someone come onto your property 15 plus times and see how you feel. Mar 30 12 07:42 pm Link PHOTOS BY DILLEN wrote: Actually, the only funds I had to pay were my attorney fees. The judge thought the case retarded enough to waive all 4 of our fees. Which makes this an even more colossal waste of government time and money. Mar 30 12 07:43 pm Link Hey.. Can you tell us all about the jailhouse strip search. It's a lonely Friday night for me. Details please. Mar 30 12 07:44 pm Link Wild Side Studios wrote: Please research relevant NC laws regarding trespassing before posting. Mar 30 12 07:45 pm Link John Jebbia wrote: Nope, that's my issue with the TSA, the groping bastards, no frisking by NC officials yet!! *knocks on wood* Mar 30 12 07:45 pm Link B R E N N A N wrote: A court heard the evidence, weighed the credibility of witnesses and decided you were in fact trespassing. Every property in America does not have no trespassing signs or fences. Mar 30 12 07:46 pm Link photography is not a crime! Mar 30 12 07:47 pm Link B R E N N A N wrote: Buzzkill.. You could have lied and made up a hot sweaty story for me.. Mar 30 12 07:47 pm Link Why were the owners/demolition company so adamant? Were they in the process of demolishing? Was it a liability issue? Mar 30 12 07:47 pm Link B R E N N A N wrote: I just did a brief research per your request...based on a law firm website in N.C.: Mar 30 12 07:50 pm Link Stan Schutze wrote: The foreman had a hard-on for fucking with kids. Mar 30 12 07:51 pm Link Wild Side Studios wrote: I have no desire to sit here and argue semantics with you, so I will ignore all further posts from you. Mar 30 12 07:52 pm Link I'm a little confused. Were you arrested on the private property itself (the one you were unwittingly trespassing on) or on public property? Mar 30 12 07:53 pm Link Thanks very much for the caution. Mar 30 12 07:54 pm Link Sorry for your bad luck. Wrong place at the wrong time, I guess, clashing with the wrong person. That's too bad. Mar 30 12 07:54 pm Link Farenell Photography wrote: We were walking off of what was apparently private property when we were arrested. Mar 30 12 07:59 pm Link Stan Schutze wrote: Thanks! And eek, that was your 666th post Mar 30 12 07:59 pm Link [RESERVED] Mar 30 12 08:07 pm Link Supermodel Photographer wrote: ??? Mar 30 12 08:10 pm Link It sucks that some people can be such dicks. I do think that the issue with DSLRs making more people think they are photographers and more people sharing locations via web sites (and photo sharing like flickr) is causing property owners to become more and more intolerant of people coming onto their property. Basically, "in the old days", when only a few people shooting film went to places, it wasn't that big of a deal. Now, it can be a frequent stream of people, and it just makes the property owners sick of it, and/or location foremen who are jerks to become even bigger jerks about it. My guess, someone else had been there before you and they were not nearly so cooperative and only a few people with bad attitudes can fuck shit up for the rest of us. PS: Send me any details you want to share. Sucky situation, and sorry it worked out with a lame outcome. Mar 30 12 08:13 pm Link Wild Side Studios wrote: Images Sell LLC wrote: How is he a jerk for defending his property rights? By the OP's own admission, this area has been frequented numerous times by himself and others. The property owner was probably sick of the trespasses. What if someone is injured on his property - then he would be getting sued. It appears the OP was merely giving an account of what happened when they unknowingly trespassed. Mar 30 12 08:13 pm Link Sounds like trumped up charges! It's clear the property owner is using the letter of the law to extreme since his influence dictated this case. Make you wonder if he's been pulling this crap for a while. I wouldn't be surprise if the property owner tried this again, only to have this blow up his face. Mar 30 12 08:15 pm Link  thanks for this information. I frequently find myself on random bits of land. I will be more careful from now on.Mar 30 12 08:16 pm Link assholes like this deserve some similar justice. you can provide that with very little effort on your part. contact the county, state and federal tax agencies that you believe this person has not complied fully with filing proper tax records. demand an audit, which is your right to do as you will be compensated a percentage for any tax owed. tell them you believe improper tax credits are being applied for that property. even if they don't find anything, that audit will create some living hell. Mar 30 12 08:17 pm Link |
