This is a tricky question, but i shall try to explain it as much as I can, if you are on public property they only have the authority to remove you physically if you are causing a nuisance or, committing an offence under criminal law or , local by-laws, they can only use the minimum of force necessary, and unless you are taking photos of sensitive installations can they ask for the film, they cannot just take your camera,as this is theft and they cannot use undue force,they must call the police to remove you if you refuse to go,if you are on military property that is not public,and the security personnel have different powers,however they again cannot assault you, the laws on trespass now is hardly used and most of the time it is called trespass with intent.
Too many of these people seem to think because they have a uniform they have unlimited powers, you may yourself be able to take action yourself, good luck
2006-09-13 00:24:36
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answer #1
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answered by mentor 5
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They cant take your camera period and legally they cant you, unless you have been previously told to leave and not to come back, then they could hold you, call the police and sign a summons or warrant for trespass. Public property is just that, it's for the public. My suggestion is when you plan on going to a certain property either call or write the property manager to secure permission to do whatever you're planning on doing and then showing the security the letter or naming the person you got permission from. A lot of security folks have the iq of a plant and a cop wannabe persona and put up a good front, trying to bluff you that they could arrest you. They see harrassing some guy with a camera as a big deal and will talk about it for days. Though let me say that there are some good guys and gals who are thoroughly professional in their jobs. Hope this helps.
2006-09-13 00:27:04
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answer #2
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answered by dillenger 2
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Okay first think about it like a security guard. Their job is to make sure the building is not penetrated, or sometimes photo'ed. So if it is, and they do nothing they can loose their jobs or get chewed out. So they get mad about that.
They basically have no more power then any other civilain on the street (you). They can detain you with a citizens arrest, for trespassing if they want, but nothing will come of it. They hold you by whatever force necessary and call the police. If they take your camera or even touch you that is considered assult, and theft, hopefully your camara is worth more then 5K then its grand theft (felony). So they cannot touch you, just ask you to leave the area, if you dont they can call the police, which will tell you to leave, in order to maintain public decency.
Police think security guards are just normal people, lots of them are kids 18 years old, no real experience just security. Those that are opressive or attempt to use thier fake badge in a negative way are looked down on by police. The police patrol that area, they know who the normal guards are and the wanna be cops. They stay away from the wanna-bes.
2006-09-13 00:15:21
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answer #3
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answered by Anonymous
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I am aware of some of these little hitlers/jobsworths, they can have the power of detention until the police arrive though have no authority to take property, if they perceive a security threat from your actions then it is up to the police to prove this not the security guard.
On public property unless there is a photography ban they really can't enforce anything, I have a love of steam engines and regularly go photographing these, I have been challenged on railway stations and requested to leave as they believe I could be organising a terror attack, I can see where they are coming from but think its all going a bit too far.
2006-09-13 00:20:17
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answer #4
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answered by g8bvl 5
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from a UK perspective
Security guards have no special privileges or rights
they cannot detain you by force (or in a locked room - false imprisonment) or remove property
they may have slightly more rights if you are on private property they are guarding, but on public property they have no legitimate right to do anything to you, or ask anything of you. However they would first have to ask you to leave the private property, failure to do that could entitle them to atttempt a citizens arrest. Arguably they could remove the film from your camera and or wipe any images if its a digital camera.
It may be different if you are photographing government or military buildings (most of these are covered by the Offical Secrets Act [OSA]). In the current climate of fear there may be other applicable legislation to do with fighting terorism. There was a case recently where Oxford? universtiy got a general banning order stopping people approaching a building under constrcution - however that is a criminal matter and woudl be dealt with by the police.
if you have had a camera removed from you first off demand it back from the employer of the security people (either the security company and/or the owner/lesee of the building / facility - dont get involved with the security chimps who took it off you).
put it in writing, report the incident to the police. report any assault to the police, if they wont do anything (and almost certainly they wont) you could consider a small claims court procedure to recover any of your genuine costs (eg damage to clothing, medical bills, damage to equipment, theft of equipment) - name the security comapny and the owner / leasee of the building and if you can get your local paper involved
2006-09-13 00:51:18
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answer #5
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answered by Mark J 7
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Depends on where you are at, and what security staff.
If you were at the nucular power plant and on thier property taking photos, yep most likely they would take your cameral and destroy the photos and then send the cameral back to you.
If you went inside a building and was doing it, they may.
You do have the right to call police on private security if you want to.
And if you do not leave after they ask you to, they can use force to help you leave. ( ask any bouncer at any bar)
or they can arrest you and hold you for the police to come if you refuse to leave as soon as they tell you to.
If you are on a public sidewalk, talking photos of outside of buildings, then you should have no trouble, besides that you will need permission to enter other buildings to take photots.
2006-09-13 03:20:04
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answer #6
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answered by Anonymous
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this relies upon on what state you stay in. In Massachusetts for instance, protection guards have in basic terms the right to make citizen's arrests. save in concepts, regardless of the reality that, that the right of a citizen to arrest is an same in a lot of states to the right of a peace officer to make an arrest. As a representative of the resources proprietor, they could also eject persons from the resources without arresting them (as contained related to bouncers). sometimes protection guards will be sworn in as particular police officials by employing the city or city in which they artwork, to that end giving them customary arrest powers. Many states actually have "momentary detention" statutes which fairly enable merchants and shopkeepers (or their targeted workers) to detain persons suspected of shoplifting till the police arrive. to that end, if a save protection look after suspects that someone is accountable of shoplifting, they have the right to bodily restrain that individual (regardless of the reality that not search for them) and carry them in a again room till the police arrive, at which era the guy will be arrested and searched by employing the police.
2016-11-26 21:02:05
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answer #7
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answered by ? 4
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Instead of bitching about how your rights were violated, why don't you first seek permission of the owners of the property you wish to document? I am sure that if they knew in advance that you were "only" recording local history for a legitimate body or reason, they would allow you to be (at least) escorted around while you took your pictures.
Anything else is invasion of privacy, and actionable.
2006-09-13 00:23:46
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answer #8
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answered by Anonymous
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Are there warning signs around the building about the taking of pictures also is it a govt /mod building.If so there are restrictions usually posted somewhere.Ask to see a copy of them.
2006-09-13 01:10:24
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answer #9
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answered by marzmargs12 6
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I would write to them first explain why you like to take photos and see what reply you get. I think people now are very nervous because of terrorism etc sometimes too nervous.
2006-09-13 00:23:42
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answer #10
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answered by jojo 4
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