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Arrested Photography
Posted By: 45 Mike, 10-19-2014, 11:15 AM

Yes, at the Spokane Airway Heights Walmart, I was arrested, because of a complaint from Walmart that I was taking pictures in their parking lot.

On the day of October 13th, I drove my mother into Spokane for a Dr. appt. After her visit, we stopped at the Airway Heights Walmart for some grocery items.

I stayed outside, with the car, while mom went inside for her shopping. I snapped a picture of this woman, outside.





She noticed that I had taken her picture and demanded that I delete that photo. I declined.

She then went inside the store and complained to the store management, who then called the police.

As I was loading the groceries into the car, the police showed up. They disarmed me, took my camera, and looked at the pictures I had taken.







The police officer explained to me that it was legal for me to take pictures of people in public, however it would not be legal for me to take upskirt pictures. As I had no upskirt pictures on my camera, they returned my camera, my pistol, and allowed me to leave.

Some may disclaim that I was arrested, however the legal definition of an arrest is an official that interrupts a citizen under color of authority.
The truth is that if a police officer interrupts a citizen from going about legal activities, for the purpose of ascertaining criminal culpability, that citizen has been arrested.

I doubt that either the Walmart store employees, management, or the police officers involved were aware of the utter irony of the situation, perhaps this view will clarify the absurdity of the entire matter.




Last edited by 45 Mike; 10-22-2014 at 03:59 PM. Reason: photo edit
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10-22-2014, 04:14 PM - 1 Like   #61
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QuoteOriginally posted by 45 Mike Quote

I am sorry that as a citizen of Australia your right of defense is not recognized by the state.
Joke...
likewise in NZ, citizens can live without fear of other gun toting citizens

like you actually carry a gun to the supermarket ?... wtf

10-22-2014, 04:18 PM   #62
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QuoteOriginally posted by Transit Quote
Joke...
likewise in NZ, citizens can live without fear of other gun toting citizens
Hmmm, Transit, you may be a cousin to us Australians, but I think you're just putting kerosene into the fire here!

Why not get stuck into religion/politics/full frame as well?
10-22-2014, 04:18 PM   #63
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Some customer of Walmart complained? OMG, I have seen tons of photos taken of Walmart customers that are really something very proper for certain Grocery Store stands. I am interested in knowing how did the police find out about your gun, and did they pull their guns first?
If this would have happened in Arizona, I would have been concerned, not in Washington.
10-22-2014, 04:26 PM   #64
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QuoteOriginally posted by clackers Quote
Hmmm, Transit, you may be a cousin to us Australians, but I think you're just putting kerosene into the fire here!
60 gun deaths a day, they need some kero
I would have tazed this dude for all sorts of things including crap photos

QuoteOriginally posted by clackers Quote
Why not get stuck into religion/politics/full frame as well?
Was just heading over there now

10-22-2014, 04:29 PM   #65
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QuoteOriginally posted by Transit Quote
60 gun deaths a day, they need some kero
Okay, okay, okay.

I'd say approximately no one changed their mind on that topic as a result of your little outburst.

We've spent much of this thread saying a softly-softly approach to dealing with other people on sensitive matters can achieve more than blindly pursuing an agenda, and you've just provided another example!
10-22-2014, 04:32 PM   #66
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Thanks Mike for editing the image.

@45Mike
QuoteQuote:
I would make a slight correction however to one comment you made. A slight semantic slip. You referred to my image of her likeness as "her image". That is incorrect, it is my image, not hers
Sorry I was not clear there...I meant that she asked you only to delete the image of her (not meaning that she owned that image taken) and not images you may have taken of others...
This suggested to me that she was not philosophically opposed to images being taken but perhaps may have more personal concerns, hence my post.
10-22-2014, 04:34 PM   #67
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QuoteOriginally posted by Pepe Guitarra Quote
Some customer of Walmart complained? OMG, I have seen tons of photos taken of Walmart customers that are really something very proper for certain Grocery Store stands. I am interested in knowing how did the police find out about your gun, and did they pull their guns first?
If this would have happened in Arizona, I would have been concerned, not in Washington.
Yep, I was quite amazed at the depth breadth and vehemence of her complaint. Oh well, wat ya gonna do.

As for my weapon, I have carried concealed since the late 70's. My stepfather was a Deputy Sheriff. He explained to me just how tense a situation can be when a civilian introduces a firearm into a stop and inquiry.

I have discovered that unless an inquiry by the police is incidental, short and of a nature that the civilian is not the subject of inquiry, an officer will generally ask if the subject is armed, guns, knives, sharps, bludgeons etc.

In such a case, it is helpful to limiting that tension and confrontational liability, by the civilian clearly stating that a permit to carry a weapon has been issued, and to then state that there is a firearm on the person.

That clarifies the situation and positions of all parties, no confusion, clarity.

I have multiple interactions with LEO over the years. At one time, I was out drinking with an undercover DEA agent, and we both got involved in a situation covering a uniformed patrol officer responding to a bank robbery alarm.
It has been an interesting life for me, and adventures continue. :-)

10-22-2014, 04:36 PM   #68
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I'm still trying to figure out why the gun is in the story in the first place.
10-22-2014, 04:38 PM   #69
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QuoteOriginally posted by Transit Quote
6
I would have tazed this dude for all sorts of things including crap photos
I have been tased. We were surprised at the lack of effectual stopping power that had on me.

I opine that perhaps you might have better luck in a fantasy flick, than reality.

---------- Post added 10-22-14 at 16:41 ----------

QuoteOriginally posted by DennisH Quote
I'm still trying to figure out why the gun is in the story in the first place.
Ahhh, I can clarify that easily.
If I had not been armed, the police would not have taken my property, (weapon), from me, thereby causing an inquiry to become an arrest.
I might have still written this and posted it, but the firearm and arrest does lend a flair of drama, to the irony.
10-22-2014, 04:53 PM   #70
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QuoteOriginally posted by clackers Quote
Okay, okay, okay.

I'd say approximately no one changed their mind on that topic as a result of your little outburst.

We've spent much of this thread saying a softly-softly approach to dealing with other people on sensitive matters can achieve more than blindly pursuing an agenda, and you've just provided another example!
Glad to have assisted
10-22-2014, 04:54 PM   #71
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QuoteOriginally posted by Transit Quote
Glad to have assisted
Grenade thrower, you!

Mods, please escort this man from the building!
10-22-2014, 04:57 PM   #72
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QuoteOriginally posted by 45 Mike Quote
I have been tased. We were surprised at the lack of effectual stopping power that had on me.
flak jacket stopped it ?
10-22-2014, 05:23 PM   #73
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QuoteOriginally posted by 45 Mike Quote
I am much more comfortable taking pics of landscapes, nature, etc. I have decided to expand my experience by intentionally choosing to include people as subjects.
That "risk" you mention is real, and I understand that. Taking that risk was intentional on my part in that effort to be a better photographer. I accept that
This. You are not comfortable with people as subjects. I totally understand since I'm not comfortable with street photography. However, defensive-aggressive mode will not help either.
In my short experience, when someone does not look happy, or looks in alert (like parents of 2yo adorable girl I took pictures of at mall ), communication works. I approached parents, told them why I'm taking pictures (practicing) and told how cute their girl is, got their e-mail with permission to shoot more pictures, sent them edited set, and got very warm thanks in answer.

I also noticed when I'm natural, people react relaxed and friendly. If I'm trying to snap acting like "stealing" (aka don't feel comfortable doing that) I get some nasty looks. I'm not secure yet just to smile in answer. Working on it.

It's also fun focusing "blind" with the camera on neck strap and looking somewhere else. Needs practice.
10-22-2014, 06:47 PM   #74
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I admit I have not read all of this thread, but I will say 45 MIke had a couple of rights violated. Can't say if it was an arrest or detainment, but there was no legal reason for either. He was doing nothing illegal, the police had no articulable suspicion that a crime was being committed, they had no right to search and seizure of his person and property. He was nice enough to have a conversation with the officer and explain what he was doing, but he did not have to. He did not have to show ID, or his carry permit as the presence of a firearm does not constitute a crime being committed and, photography is not a crime. But by co-operating as he did, it probably saved him a trip in the patrol car. IANAL, your mileage may vary.
10-22-2014, 06:54 PM   #75
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QuoteOriginally posted by clackers Quote
Why not get stuck into religion/politics/full frame as well?
Full Frame?! NO YOU'VE GONE TOO FAR!!!!!!! :-p

---------- Post added 10-22-2014 at 09:56 PM ----------

QuoteOriginally posted by 45 Mike Quote
My stepfather was a Deputy Sheriff. He explained to me just how tense a situation can be when a civilian introduces a firearm
The irony of this statement is mind-boggling. :-)
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