[texbirds] Re: Spring Migration and Paranoia
- From: Steve Gast <segast23@xxxxxxxxx>
- To: "jkestner@xxxxxxxxxx" <jkestner@xxxxxxxxxx>
- Date: Mon, 7 Apr 2014 16:48:59 -0500
Or. "I come here sporadically and I haven't seen you before. Is there a
problem with crime here? Can I help. My name is Steve. What is your name. Well
Dave, in my neighborhood I would feel the same way. I am truly sorry to have
caused you concern. I understand. If I come here regularly I would gladly
help identify any suspicious activities. Oh look there is a chickadee carrying
nest material! Etc. etc. etc.
Steve Gast
Houston TX
> On Apr 7, 2014, at 3:30 PM, "Judy Kestner" <jkestner@xxxxxxxxxx> wrote:
>
> 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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