[texbirds] Re: Spring Migration and Paranoia
- From: "Judy Kestner" <jkestner@xxxxxxxxxx>
- To: <david@xxxxxxxxxxx>, "Cameron Carver" <c.o.carver@xxxxxxxxx>
- Date: Mon, 7 Apr 2014 15:30:42 -0500
You need to use the Susan Foster approach:
"Oh gee, mister, I am so sorry. I'm not familiar with the neighborhood and
it's so beautiful here, and I'm a birder and it's spring migration and I am
seeing some really beautiful birds in these magnificent trees and do you
know where the nearest McDonald's is?"
Hey, she talked her way out of a ticket, whereas I always argue with the cop
and get a ticket for my trouble.
Judy Kestner
Corpus Christi
----- Original Message -----
From: "David Sarkozi" <david@xxxxxxxxxxx>
To: "Cameron Carver" <c.o.carver@xxxxxxxxx>
Cc: <leasbirds@xxxxxxxxxxxxx>; "TexBirds" <texbirds@xxxxxxxxxxxxx>
Sent: Monday, April 07, 2014 11:21 AM
Subject: [texbirds] Re: Spring Migration and Paranoia
> Cameron,
>
> While I agree you weren't doing anything wrong, you are setting
> yourself up for suspicion of breaking two Texas laws, Disorderly
> Conduct and Improper Photography.
>
> Disorderly Conduct is the Texas law that a peeping tom falls under.
> "(11) for a lewd or unlawful purpose: (A) enters on the property of
> another and looks into a dwelling on the property through any window
> or other opening in the dwelling;" While walking down the street you
> haven't entered the property another, and even if you were looking
> into bedroom windows you haven't broken the law all you need is one
> person to say you were in the yard looking into the house and you'll
> be screwed.
>
> Improper Photography doesn't require that you enter the property, and
> haven't we all had your optics referred to as a camera at some point?
> All you need is someone to say you're taking pictures through windows
> and you'll get a response.
>
> If someone calls the police on you and uses just a little
> exaggeration, you're going to get investigated, Get someone to call
> you in on a quit Sunday morning you'll get 3 officers to response just
> because they are bored.
>
> I was a police dispatcher for 25 years. If I got a call of someone
> walking down the street looking into yards with binoculars I would
> have assumed it was a birders, but I certainly would have sent a unit,
> Add in any claim that you had a camera or had entered a yard and it
> gets worse.
>
> I think the chance of getting charged with disorderly conduct is very
> high when you bird a neighborhood that you don't live in, I just don't
> think its worth the risk personally. Add to it the fact that Texas law
> favors the person on their homestead who uses deadly forced and its
> much more than the risk of a citation for disorderly conduct.
>
>
> Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this
> section, "promote" has the meaning assigned by Section 43.21.
>
> (b) A person commits an offense if the person:
>
> (1) photographs or by videotape or other electronic means records,
> broadcasts, or transmits a visual image of another at a location that
> is not a bathroom or private dressing room:
>
> (A) without the other person's consent; and
>
> (B) with intent to arouse or gratify the sexual desire of any person;
>
> (2) photographs or by videotape or other electronic means records,
> broadcasts, or transmits a visual image of another at a location that
> is a bathroom or private dressing room:
>
> (A) without the other person's consent; and
>
> (B) with intent to:
>
> (i) invade the privacy of the other person; or
>
> (ii) arouse or gratify the sexual desire of any person;
>
>
> On Sun, Apr 6, 2014 at 2:29 PM, Cameron Carver <c.o.carver@xxxxxxxxx>
> wrote:
>
>> Soon, not one. Not TWO. BUT THREE police cars arrived on the scene. They
>> asked the man (still in his truck) why he was following me while another
>> officer made small talk with me. Paranoid, delusional man drove off and
>> all
>> three officers chatted with me. As I explained to the faux-Zimmerman, I
>> was
>> doing nothing wrong. However, the officers encouraged me not to provoke
>> people by birding neighborhoods. They also said that this man wanted and
>> was fully intending to beat me up. I can understand that from their
>> perspective this is a hassle. BUT I have every right to be at this
>> location
>> and I will continue to bird this location as it has great potential. I
>> will, however, likely bird THAT neighborhood with a birding buddy from
>> now
>> on. Safety in numbers.
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