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Re: Photography Incident at Penn Station

Posted by Joe V on Sat Dec 27 18:28:48 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sat Dec 27 18:09:34 2008.

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Answering someone else's question about an Amtrak precedent in New Orleans, where the photog victim sued Amtrak and won a pretty good settlement.

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(726391)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sat Dec 27 18:31:28 2008, in response to Re: Photography Incident at Penn Station, posted by Joe V on Sat Dec 27 18:28:48 2008.

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Ah, sorry, my mistake. Thanks.

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(726440)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Sat Dec 27 21:13:59 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sat Dec 27 18:12:51 2008.

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Section 140.05 Trespass

A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

Trespass is a violation.

Section 15.05 Culpability; definitions of culpable mental states
2. "Knowingly." A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.

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(726451)

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Re: Photography Incident at Penn Station

Posted by JayZeeBMT on Sat Dec 27 21:46:04 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sat Dec 27 18:12:51 2008.

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If I were taking pictures of Amtrak trains from the street abutting the tracks, would the cops upbraid me for it?

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(726523)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sun Dec 28 00:17:50 2008, in response to Re: Photography Incident at Penn Station, posted by JayZeeBMT on Sat Dec 27 21:46:04 2008.

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Public street? I don't know what the cops would do. But you'd be totally within your legal rights to be there taking photos. What does the street have to do with Amtrak police?

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(726524)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sun Dec 28 00:18:02 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Sat Dec 27 21:13:59 2008.

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huh?

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(726551)

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Re: Photography Incident at Penn Station

Posted by NIMBYkiller on Sun Dec 28 01:46:03 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Fri Dec 26 15:45:37 2008.

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Then that way

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(726552)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sun Dec 28 01:47:24 2008, in response to Re: Photography Incident at Penn Station, posted by NIMBYkiller on Sun Dec 28 01:46:03 2008.

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That's what I was talking about from the beginning.

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(726586)

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Re: Photography Incident at Penn Station

Posted by HarryP on Sun Dec 28 08:43:33 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sun Dec 28 00:18:02 2008.

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Photo policy of Amtrak and other public authorities is basically two-faced. Even in the past, the public authorities frowned on any photography in or around their facilities. God forbid a photo should wind up in the newspaper putting them in a bad light!

Compounding this issue are the tragic events of 9-11-01. Homeland Security has sent terrorist alerts to all public authorities, whether they be transit, bridge and tunnel, power plants, etc., reminding them that surveillance by means of photography is a tool of terrorist activities and that all police officers and employees should be on the alert.

The best way to bring this issues to the mainstream public is through the media. A good example is an incident that happened at a Chicago area commuter station where railfan photographers were harrassed. METRA, after feeling the heat, publicly apologized.

What Mr. Kerzic needs to do is take his case to the mainstream media and expose Amtrak's Gestapo tactics.

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(726588)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sun Dec 28 08:57:24 2008, in response to Re: Photography Incident at Penn Station, posted by HarryP on Sun Dec 28 08:43:33 2008.

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I have the official Amtrak photography policy right from the Amtrak spokesman himself.

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(726633)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Sun Dec 28 15:01:35 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sun Dec 28 00:18:02 2008.

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From the original post:
I was then arrested for Trespass NY Penal Code 140.05.

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(726635)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Sun Dec 28 15:13:51 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Sun Dec 28 15:01:35 2008.

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Ok, thanks. So the police have to show how/why the person in question was in an area he wasn't lawfully allowed to be.

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(726955)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Mon Dec 29 14:52:54 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Sun Dec 28 15:13:51 2008.

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When the police issue the summons they have to put what part of the penal code you are in violation of. I received one for walking through a park after dusk. (the same violation as the OP) If you need to know most parks close at dusk which is 1/2 hour after sundown according to the officers who gave me the summons.

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(726958)

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Re: Photography Incident at Penn Station

Posted by BMTLines on Mon Dec 29 15:01:32 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Mon Dec 29 14:52:54 2008.

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I received one for walking through a park after dusk

Which park?
Are signs properly posted? Are the entrance gates closed? Central Park only closes from 1am - 5:59am.

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(727113)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Tue Dec 30 01:45:02 2008, in response to Re: Photography Incident at Penn Station, posted by BMTLines on Mon Dec 29 15:01:32 2008.

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Van Cortlandt

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(727140)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Tue Dec 30 06:45:44 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Mon Dec 29 14:52:54 2008.

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Ok, but being on a platform at Penn Station is not trespassing.

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(727166)

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Re: Photography Incident at Penn Station

Posted by BMTLines on Tue Dec 30 07:53:03 2008, in response to Re: Photography Incident at Penn Station, posted by Easy on Fri Dec 26 17:17:07 2008.

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And one side is being wronged here - photographers are being illegally stopped from taking pictures by police all over the country.

Look at the latest incident in Long Beach Photographers are being lied to (told permits are required when they are NOT) and being bullied into ceasing their otherwise LEGAL activity. The only thing that is going to stop this abuse of authority is a lawsuit that forces police to comply with the constitution and laws as written.

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(727231)

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Re: Photography Incident at Penn Station

Posted by BMTLines on Tue Dec 30 12:59:20 2008, in response to Re: Photography Incident at Penn Station, posted by Jersey Mike on Fri Dec 26 17:30:15 2008.

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Others haven't been as lucky. see here and here and here



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(727251)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Tue Dec 30 13:59:16 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Tue Dec 30 06:45:44 2008.

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I'm just putting up the part of the Penal code the OP was charged with.

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(727261)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Tue Dec 30 14:51:19 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Tue Dec 30 13:59:16 2008.

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I know, but the issue is whether or not he was actually guilty of that.

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(727517)

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Re: Photography Incident at Penn Station

Posted by Jeromeline on Wed Dec 31 01:53:20 2008, in response to Re: Photography Incident at Penn Station, posted by Terrapin Station on Tue Dec 30 14:51:19 2008.

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That's not for me to decide

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(727561)

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Re: Photography Incident at Penn Station

Posted by Terrapin Station on Wed Dec 31 06:48:38 2008, in response to Re: Photography Incident at Penn Station, posted by Jeromeline on Wed Dec 31 01:53:20 2008.

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I know. That's why I wrote: So the police have to show how/why the person in question was in an area he wasn't lawfully allowed to be.

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