Forums > General Industry > Arrested while shooting: a cautionary tale

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

Glenn WC wrote:

I think it's common everywhere now. I sometimes shoot downtown Nashville and always contact the property management and security before shooting to avoid problems, but that's still no guarantee.

I was almost arrested for tresspassing and soliciting in Nashville once. I used to work for Pace Concerts and we used to promote a summer concert series Thursday nights on the river. We hired a security firm that hired a few overzealous security guards who stopped me from posting flyers for NEXT WEEKS EVENT. So I called my boss, who called the owner of the security firm who assured us that the problem was solved. So I continued. The security guards took my flyers and called the police on the radio. The lady who was in charge of security onsite claimed that I had been warned numerous times and that I had become belligerent and acted in a threatening manner. So even when her boss finally got in touch with her and she realized I worked for the company that hired her company, she had already told the police that I had been disturbing the peace and whatnot, so I was not immediately released. /threadjack

Ouch. Suckage sad

Mar 30 12 10:08 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

Greg Kolack wrote:
Damn - this sounds like a situation I experienced almost detail by detail.

Like my friend Brennan, this is also a long story, but had a better ending.

Greg, I actually remember you telling me this story over a beer lol!!

Mar 30 12 10:09 pm Link

Photographer

Cinema Photography

Posts: 4488

Boulder, Colorado, US

Can you counter sue? Sure for pain, aggravation, malicious whatever, since as I understand it you can sue anyone for anything...the owner sounds like a dickbag

Mar 30 12 10:11 pm Link

Photographer

MKPhoto

Posts: 5665

Winnipeg, Manitoba, Canada

B R E N N A N wrote:

Negative.

An appeal at superior court was my last option, and no way in hell was I about to spend 5+ grand to appeal it, giving the state more time to gather evidence (or post signs and take pictures, saying they were there all along) with the possibility of having my PJC overturned into an all our guilty verdict.

A PJC cannot be expunged either. I can just hope it doesn't affect any future employment options sad

Hope so too...At the end of the day is PJC  a tad "better" than guilty verdict?

Mar 30 12 10:12 pm Link

Photographer

ConnorStewart

Posts: 1163

Dallas, Texas, US

congratulations on your new record, brennan big_smile

Mar 30 12 10:12 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

cinema photography wrote:
Can you counter sue? Sure for pain, aggravation, malicious whatever, since as I understand it you can sue anyone for anything...the owner sounds like a dickbag

Actually, that was the intended plan of action in the event we were found not guilty (which we fully expected, but alas....).

Mar 30 12 10:14 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

MKPhoto wrote:

Hope so too...At the end of the day is PJC  a tad "better" than guilty verdict?

A smidgen, yes.

Mar 30 12 10:14 pm Link

Photographer

PhotographybyT

Posts: 7947

Monterey, California, US

B R E N N A N wrote:

Thanks.

And yeah, this was a property that had been utilized by not only people from the photographic community, but hikers, metal detector people (I guess they have some name too, but you know what I'm talking about), and more, so it may behoove you to try and at least seek out permission hmm

That would be a 'detectorist'...I had to google it. tongue

I think the city of Marina owns the property now as the base was split up between 2 cities neighboring the base. Unfortunately, I think I already know the answer, if I should ask permission. sad

On a side note: I totally ADOOOORE your work!

Mar 30 12 10:15 pm Link

Photographer

Greg Kolack

Posts: 18392

Elmhurst, Illinois, US

B R E N N A N wrote:

Wild Side Studios does not realize two things:
1) That we can all see his portfolio.
2) That he can also have a look at mine.

I love even more than I did before...

And so do Frank and Jonathan...

smile

Mar 30 12 10:15 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

ConnorStewart wrote:
congratulations on your new record, brennan big_smile

borat

*waits for the prison stripes/convict themed shoot offers to come pouring in*

Mar 30 12 10:16 pm Link

Photographer

Cinema Photography

Posts: 4488

Boulder, Colorado, US

B R E N N A N wrote:

Actually, that was the intended plan of action in the event we were found not guilty (which we fully expected, but alas....).

Even if, can you still sue? It seems like you should be able to, also, this might be a media friendly case...

Mar 30 12 10:16 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

PhotographybyT wrote:

That would be a 'detectorist'...I had to google it. tongue

I think the city of Marina owns the property now as the base was split up between 2 cities neighboring the base. Unfortunately, I think I already know the answer, if I should ask permission. sad

On a side note: I totally ADOOOORE your work!

Why, spank you! smile

Mar 30 12 10:17 pm Link

Photographer

Greg Kolack

Posts: 18392

Elmhurst, Illinois, US

B R E N N A N wrote:

Greg, I actually remember you telling me this story over a beer lol!!

I vaguely remember telling you it, but I wasn't sure.

Ironically, I just got home from that same bar!

But I didn't get stopped by the cops...

Mar 30 12 10:19 pm Link

Photographer

DougBPhoto

Posts: 39248

Portland, Oregon, US

B R E N N A N wrote:

borat

*waits for the prison stripes/convict themed shoot offers to come pouring in*

Damn it, stop your sorceress mind reading!!!

Mar 30 12 10:19 pm Link

Photographer

MKPhoto

Posts: 5665

Winnipeg, Manitoba, Canada

B R E N N A N wrote:
borat

*waits for the prison stripes/convict themed shoot offers to come pouring in*

I would, but with the record Immigration here will not let you in wink

On a serious note, if you plan travelling here, check in advance, Immigration at the border are idiots, too.

Mar 30 12 10:20 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

cinema photography wrote:

Even if, can you still sue? It seems like you should be able to, also, this might be a media friendly case...

The short answer to a long story behind it, is no, it's not feasible.

The other model's family doesn't know she is modeling, the photographer is a professor at a respected college here, and well, while I have no shame, I know they don't want their names being dragged through the mud, among other things, such as time and financial considerations. I missed multiple agency jobs my last court date alone, almost causing me my local agency contract, which would be financially devastating.

Mar 30 12 10:21 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

Greg Kolack wrote:

I vaguely remember telling you it, but I wasn't sure.

Ironically, I just got home from that same bar!

But I didn't get stopped by the cops...

I just need to become a hermit, for the sake of everyone lol

Mar 30 12 10:21 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

MKPhoto wrote:

I would, but with the record Immigration here will not let you in wink

On a serious note, if you plan travelling here, check in advance, Immigration at the border are idiots, too.

Yes, I know all too well....firsthand actually.

Mar 30 12 10:22 pm Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

Moo-Mooooooooo smile

Mar 30 12 10:23 pm Link

Photographer

MKPhoto

Posts: 5665

Winnipeg, Manitoba, Canada

B R E N N A N wrote:

Yes, I know all too well....firsthand actually.

Ooops. Already happened sad

Mar 30 12 10:23 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

MKPhoto wrote:

Ooops. Already happened sad

Will PM you later smile

Mar 30 12 10:24 pm Link

Photographer

Cinema Photography

Posts: 4488

Boulder, Colorado, US

B R E N N A N wrote:
The short answer to a long story behind it, is no, it's not feasible.

The other model's family doesn't know she is modeling, the photographer is a professor at a respected college here, and well, while I have no shame, I know they don't want their names being dragged through the mud, among other things, such as time and financial considerations. I missed multiple agency jobs my last court date alone, almost causing me my local agency contract, which would be financially devastating.

Well, you could always relocate to California..we adore our non Felons who save orphans from burning buildings and rescue nuns from forrest fires while saving warm fuzzy puppies from evil angry bees and making old people happy with homemade pies.

Mar 30 12 10:24 pm Link

Model

B R E N N A N

Posts: 4247

Charlotte, North Carolina, US

cinema photography wrote:

Well, you could always relocate to California..we adore our Felons!

Misdemeanor!!!!!! I are not a felon!!! lol Watch Google cache this part of the thread to display BRENNAN is a felon.

Mar 30 12 10:26 pm Link

Photographer

MKPhoto

Posts: 5665

Winnipeg, Manitoba, Canada

B R E N N A N wrote:
Misdemeanor!!!!!! I are not a felon!!! lol Watch Google cache this part of the thread to display BRENNAN is a felon.

*Googles "BRENNAN modelmayhem is a felon"*

Mar 30 12 10:36 pm Link

Photographer

PhotographybyT

Posts: 7947

Monterey, California, US

B R E N N A N wrote:

Why, spank you! smile

Promises - promises! tongue

Mar 30 12 10:37 pm Link

Photographer

Cinema Photography

Posts: 4488

Boulder, Colorado, US

cinema photography wrote:

Well, you could always relocate to California..we adore our non Felons who save orphans from burning buildings and rescue nuns from forest fires while saving warm fuzzy puppies from evil angry bees and making old people happy with homemade pies.

fixed that!

Mar 30 12 10:39 pm Link

Photographer

Gary Melton

Posts: 6680

Dallas, Texas, US

People...get a grip!

It was PRIVATE property, not public.  Private property owners (even all of you, if you own property) have the right to keep people off of their land.

It evidently was a contruction site...meaning that they had to have liability insurance.  The insurance policy most likely very strictly stipulates that NO ONE THAT ISN'T AN EMPLOYEE OF THE CONSTRUCTION COMPANY IS ALLOWED ON THE SITE.  If they don't enforce the no trespassing, their policy premiums would probably go up steeply.

The OP mentioned that LOTS OF PEOPLE had been using the site (which means they were all trespassing) - so the owners probably felt very strongly about stemming the tide.

Hey - I love shooting in great, interesting places as much as the next person...but trespassing on private property IS illegal.  Get permission if you can, or don't do it...or if you do it without permission, realize that you are gambling on getting arrested, tried and convicted of a crime.

A key part of the fabric of this country has ALWAYS been the protection of private property rights...a tradition that the great majority of this country would definitely like to see continued.

Mar 30 12 10:42 pm Link

Photographer

Justin

Posts: 22389

Fort Collins, Colorado, US

That really sucks. Same thing could've happened to me. Instead of calling the cops, the ranch foreman got harsh, I kept apologizing, didn't argue with him, asked very respectfully if he knew where open land was because I completely respect property rights (the ranch was adjacent to Forest Service land), and left without seeing a badge. Whew. And I haven't been back to that parcel.

So two lessons I learned from that and this thread:

1. If you don't delineate where your property lines are, you might expect trespassing.
2. If you tell a trespasser to go away and never come back and they do, you have exercised your property rights in the most successful way.
3. If one strongly defends the actions of a dick, one might get considered to be a dick, too.

So sorry it happened to you. What an awful experience. You seem to have come away with the best possible attitude about it, and that speaks well to you.

Mar 30 12 10:46 pm Link

Photographer

samreevesphoto

Posts: 665

Santa Cruz, California, US

Fenced and marked off means don't touch it with a ten foot pole!

Mar 30 12 10:50 pm Link

Photographer

Jose Luis

Posts: 2890

Dallas, Texas, US

B R E N N A N wrote:
...

A PJC cannot be expunged either. I can just hope it doesn't affect any future employment options sad

It wont.  Dont sweat it.

Most emplyment applications only ask if for felonies.  Its important you dont exclude it though so if an application asks "have you been convicted of any crimes"- just list ... misdemeanor tresspasssing- was hiking with friends- we wandered on someone's property on accident- owner was very strict, etc

If anything it gives you a good story to talk to on an interview.

Mar 30 12 10:52 pm Link

Model

JoJo

Posts: 26560

Clearwater, Florida, US

Be glad the land you trespassed on was not owned by Billy-Bob, the police chief’s brother and the nephew of the judge.

Be glad you were not in a state where it is permissible to shoot trespassers.

Be glad you didn’t run across someone’s still or marijuana crop in the backwoods. They don’t phone the cops (think Hostel III or the Peacock family from the X-files)

Mar 30 12 10:55 pm Link

Photographer

Michael Bots

Posts: 8020

Kingston, Ontario, Canada

Public property case.

Bigfoot sleuth stomped for leading tour on federal lands without permit
http://www.foxnews.com/us/2012/03/29/bi … ck-permit/

"$525 fine for a lack of a commercial use permit."

“At first they were very concerned that we were filming, that we were trying to get away with commercial filming without a permit. Once those concerns were satiated, there were other concerns."

"Despite being fined for lack of a permit, it would have been likely that Pruitt would not have been able to obtain one.
“It’s highly unlikely that he would have gotten a permit if he applied for one," Bradford said. "It’s not normal practice to issue them for expeditions to find Bigfoot.""

Mar 30 12 10:57 pm Link

Photographer

Glamour by Glenn

Posts: 1033

Chattanooga, Tennessee, US

Gary Melton wrote:
People...get a grip!

It was PRIVATE property, not public.  Private property owners (even all of you, if you own property) have the right to keep people off of their land.

It evidently was a contruction site...meaning that they had to have liability insurance.  The insurance policy most likely very strictly stipulates that NO ONE THAT ISN'T AN EMPLOYEE OF THE CONSTRUCTION COMPANY IS ALLOWED ON THE SITE.  If they don't enforce the no trespassing, their policy premiums would probably go up steeply.

The OP mentioned that LOTS OF PEOPLE had been using the site (which means they were all trespassing) - so the owners probably felt very strongly about stemming the tide.

Hey - I love shooting in great, interesting places as much as the next person...but trespassing on private property IS illegal.  Get permission if you can, or don't do it...or if you do it without permission, realize that you are gambling on getting arrested, tried and convicted of a crime.

A key part of the fabric of this country has ALWAYS been the protection of private property rights...a tradition that the great majority of this country would definitely like to see continued.

What more do you want to do? She's been convicted and will have to deal with this conviction forever. Is it wrong for her to come here and give us a bit of a heads up that we need to be diligent about staying off private property?

I live on a lake and have to deal with trespassers on a regular basis, but I don't believe that calling the cops on them is the right way to go unless they refuse to leave, keep coming back, vandalize my property, or something else beyond just being there.

Mar 30 12 10:57 pm Link

Model

christiecreepydolls

Posts: 322

Los Angeles, California, US

I got chased out of an old mental hospital by security- they did not call cops but warned us not to come back. It was scary!

Mar 30 12 11:17 pm Link

Photographer

Chicchowmein

Posts: 14585

Palm Beach, Florida, US

I had a professor in college that said No Trespassing signs meant " Good pictures here"

He got arrested for shooting nudes in an abandoned rock quarry.

Mar 30 12 11:28 pm Link

Model

Tatiana Kuzmina

Posts: 37

Orlando, Florida, US

WOW! O_O
So sorry about that! I would not have any idea!

Mar 30 12 11:35 pm Link

Model

Jennifer R K

Posts: 729

Toronto, Ontario, Canada

Thanks for posting this, and I'm really sorry to hear about your experience. I often turn down outdoor shoots for this reason. Myself and an entire film crew were all individually "written up" (whatever that means) for shooting in a remote location. The mayor had given us permission to be there prior to shooting, but apparently it wasn't up to her. On another shoot I was told to hide from a police car that cruised by a location a bunch of times... it just isn't worth it. I was even shot at with a BB gun when I was a kid because we wandered onto someone's farmland -- had nothing to do with modeling, but it just goes to show how protective people are of private property. The threat of being arrested is bad enough, let alone any gawkers that happen to come by and hang around when you're not shooting in a controlled environment, which is always uncomfortable.

I am much happier with not shooting at all than I am with a surefire strategy not to get *caught* shooting. That's not something we should have to worry about. First hand experiences like yours really help models see that it's reasonable to make choices that protect themselves, even if it means turning down work sometimes.

Mar 30 12 11:39 pm Link

Photographer

DRImages

Posts: 1651

San Diego, California, US

Svetlana Muerte wrote:
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....

He was probably standing lookout while some "shenanigans" were going on...this IS the South we are talking about. wink
https://pdstories.files.wordpress.com/2011/03/deliverance.jpg

Mar 30 12 11:46 pm Link

Photographer

DRImages

Posts: 1651

San Diego, California, US

The OP should also be lucky the owner didn't handle this in a different manner, especially if this happened in a rural/backwoods kind of area. Some people out in those areas like to shoot trespassers on sight.

Mar 30 12 11:48 pm Link

Photographer

William Kious

Posts: 8842

Delphos, Ohio, US

I find it somewhat amusing that everyone wants to assume that the property owner, enforcing his/her right to private property, is an asshole, dick or any derivation thereof. Just because it's prurient to your interests doesn't imply that the land owner is a bad person.

Would it have been nice for him/her to drop the charges? Sure. But the property owner is not obliged to be okay with someone else's fuck-up. That being said, Karma has a funny way of coming around...

Mar 31 12 12:03 am Link