Tools
The Seattle Police Department is reviewing an incident on Friday, May 8, in which officers arrested a 29-year-old man and banned him from the Eastlake REI store after he used his phone to photograph two armored-car security guards who were servicing an ATM inside the store.
Shane Becker, a Seattle web designer, says he was standing in line at REI, getting ready to purchase a lock for his car's bike rack, when he saw two Loomis security guards refilling the ATM.
Stranger Personals
Becker walked over and took a picture of the security guards and the open ATM with his phone. On his blog, iamshane.com, Becker wrote that he took the photo because he's "fascinated by the insides of things that we don't normally get to see."
According to Becker, the armed security guards confronted him about the photo and threatened to tackle him if he tried to leave the store. "Loomis wanted my ID so that they could write a report internally," Becker says. "They said they didn't know who I was or what I intended to do with the photograph or why I would want to take it." Becker refused to show the Loomis employees his ID, REI security got involved, and the police were called.
According to a police report, when officers arrived, one of the armed Loomis guards told police he was "concerned about his safety and was not sure if Becker was going to attempt to grab the money that was going into the ATM machine."
Police claim Becker was "uncooperative" and refused to give them his ID, and they arrested him. Becker acknowledges he wouldn't give police his ID, but says he was afraid they'd hand it over to Loomis.
Police took Becker to the West Precinct and held him for about half an hour before requiring him to sign a "trespass admonishment" card barring him from returning to REI for a year. On the morning of Tuesday, May 12, Becker received an e-mail from SPD's Office of Professional Accountability informing him that a complaint had been filed against the officers on his behalf.
Kara Stone, general manager at REI's Eastlake store, says the incident was "super unfortunate" and claims Becker was not banned from the store at the request of REI staff, although SPD records indicate otherwise. "Shane is welcome to come into our store," she says.
An employee named Frank who answered the phone at Loomis's office would not comment on the incident or whether Loomis has any company policies about photography of staff members.
Doug Klunder, Privacy Project director at the Seattle branch of the
American Civil Liberties Union, says cases like Becker's are becoming
more frequent. "These come up all the time, and the ultimate answer
ends up being yes [the photographer] had the right to take the photo
and should not have been arrested and detained. It would be really nice
if officers would start realizing that [before making an arrest] rather
than going through this rigmarole." ![]()
All that being said, I went to the vegan-anarchists website and was floored to realize that I recognize this good citizen of the Seattle area. My wife and I witnessed him smashing the storefront window at Niketown and stealing merchandise from the window display back when W.T.O. was here. I will tackle him if I ever get to see him in public again... someone please photograph that!!
The thing that I find most disappointing is that he was obviously trying to make a political statement. Just own up to it. Don't make up some sissy excuse about wanting to see the insides of things that you don't normally get to see the insides of.
2) reading the story did the Loomis employee physycally detain Shane??? Not sure but it seems Loomis did not unlawfully detain Shane...
and my last rant... where it isn't illegal to take pics of people in public, is it legal to publish them on the net without permission?
http://www.krages.com/phoright.htm
The relevant points are that one is allowed to photograph anything on public property, and it is reasonable to assume one can photograph anything on private property until told otherwise (by a person, by a sign). Photos you take are your property, and it's legal, and reasonable, to put images of your property on the web.
@Take it all in: you make a lot of good points, but one thing about Shane is that he is crazy into "the way things work" or whatever, and he probably never stopped to think that there might be consequences of taking that picture. To him, it would be ridiculous to get in trouble for something like that, so he wouldn't stop to think of it as a possibility in the first place. So I don't think he's making "sissy excuses."
16
Are you trying to tell me you're not disappointed with the lack of tasering in this story?
20
If I'm going to pay crazy high retail prices, I want something for it I can use now, not bequeath to my progeny. And if it takes you more than 30 days to figure out if you really wanted that gale-proof tent, you're retarded and a grizzly bear is going to eat you, so you don't need a tent.
it's like finding a 1%er, they aren't going to expose themselves. neither would a true anarchist unlike that little pathetic poser trying to sell his faggy tshirts.
Loomis is not a security service. It is an armored transportation service. There is a reason those people carry guns. Think about it.
He's reaping exactly what he has sown.
And for those screaming "but what if we all get arrested for taking pictures now?", don't get bunched panties over this. He was arrested because he was a self righteous prick to everyone else involved. A little more cooperation, with the cops specifically, would have defused the whole situation.
Also: if he really wanted to look at upskirt pics of ATM machines, he could have found them online as he expertly demonstrated to us. Whining about getting caught taking those upskirts? No sympathy.
Loomis was WAY out of line here in attempting to detain this man. In NO way was Shane required to show ID to Loomis OR REI. And @29: Where in FEDERAL law does it state that taking pictures of an open ATM is illegal?
Is there anything wrong or illegal with being curious about the inner workings of a cash machine?
38
Maybe that is the reason he didn't want anyone to know who he was.
I doubt that Guards who handle large amounts of cash like their pictures taken for some pretty obvious reasons.
41
good grief, read the article for content: "Loomis wanted my ID so that they could write a report internally," Becker says. "They said they didn't know who I was or what I intended to do with the photograph or why I would want to take it."
i find it wholly reasonable and even prudent for loomis to want to know (1) who this guy is, and (2) what he's doing.
http://www.vimeo.com/veganstraightedg
Seriously, if you have an actionable case against the police, you go to a lawyer, you don't muddy the waters by going to the press and local news. FIRST the lawyer. Unless, of course, you realize you don't have a case.
JohnnyColonoscopy
Headline fixed.
I could understand if they were loading Snickers bars into a vending machine...use your head, frickin dingleberry.
And why do we go to the press? If a lawyer doesn't think a case is big enough, he/she is reluctant to take it. Also, the pervasive attitude is "Don't Rock the Boat". At least the Stranger has the guts to put the story on the front page. I, for one, am tired of my provacy rights being eroded.
Later, I spoke to a friend (current Code Enforcement and past Community Police Officer in my fair city) and a lawyer about the incident. Guess what? Animal Control and the cop were wrong in how they handled it. AC has no authority to detain; hence, why she had to call the cops. The cop lied in what I had to answer, but he had to show his solidarity with AC. And why go to the press? Because most lawyers will just say it's not big enough to rock the boat.
Before any of you say nasty things about me, I am in my 50's, have contributed large amounts of time and product to my neighborhood park, am C.E.R.T. trained and have taken part in the Citizens Police Academy. I have been involved in numerous volunteer activities. (Ever notice those planters and benches at the Kent Animal Shelter? They were from my store.) All that aside, I will fight tooth and nail for my right to privacy.
Most of the supposed anarchists here just sound like fascists, telling everybody how they should or shouldn't behave. That's anarchy? Sounds like "the man"
56
I say give this douchebag some credit. Plus, he exposed those Loomis guards as the biggest pussies on earth. Armed to the teeth, they're afraid for their safety because some scrawny hippie took their photo.
Why did they Just not ask him to delete the darn picture and move on , and when asking for his ID I think He should have given the SPD it But as for the loomis Idiots I would have told them to go screw themselves. What is becoming of Seattle, Lets Get real here < I hope Becker Not only sues Loomis for being arrested, But he shoudl also go after the Morons at REI and have those Security properly Repremended and legal action taken against them and the city of Seattle as well
Becker Give These Jerks what they deserve, Its time for a reality check for REI Security and SPD, TO realize there way over stepping the boundaries treating every one like a criminal
There are laws to identify yourself to an officer (usually name, address, and date of birth) under certain circumstances, if you fail to do so you can be arrested.
65
@11: "As for refusing to present your ID when you encounter the police, well, that will indeed get you arrested."
@34: "Shane is a douche but because he chose to exacerbate the situation by refusing to show his ID and be polite."
@35: "The bottom line is that Shane was arrested for not showing his ID to SPD, right?"
@53: "I agree that he made a bad move by not handing over his ID."
Man, did you people grow up in communist Russia? In this country, we're not even required to have identification documents, much less to carry them around and to present them upon request.
@65: "If a police officer demands anything of you, you do it."
That's probably a good idea, but be very aware of the difference between a request and a demand. Police will often ask for something that they do not have the authority to demand, specifically because they cannot demand it and they know that you will mistake their request for a demand.
Please see the Flex Your Rights Foundation's FAQ, particularly #7: "When do I have to show ID?".
Have a mind of your own, for crying out loud! It's not as if you'll be executed on the spot for living autonomously. Go ahead and step out of the shadow of fear. Make your own decisions. I know thinking for yourself can be pretty scary but, who knows, you might like it!
The guy sounds like he needs a good curb-stomping anyways. Vegans are retarded, straigt-edgers are retarded, anarchists are retarded. Mix all three together and you have one massive self-rightous bag of douche.
Why not? Are you afraid of those people? If you think those guys are likely to shoot someone over an image of their public behavior being captured, you should do something about it, not leave them to bully others around until someone gets hurt. Let them threaten a few people, rack up a couple assault convictions, and then when one of them blows his hot-headed top someday, he'll have a documented history of bad behavior and maybe he'll end up in jail where such dangerous people belong.
Can we get a Loomis schedule? Let's photograph these guys every time we lay eyes on them in uniform. Why they're more concerned about digital memory than biological memory is a mystery to me.
Did the guards overreact and overstep their boundaries? They sure did. Why do you think these guys are so on-edge? Maybe, just maybe, people try to rob/kill them while they are working. It's a very unlikely scenario in a Seattle REI, but chances are they can't turn that heightened awareness off at will.
I don't need to take their picture. And, I dont' find it that "fascinating".
If you're simply suggesting that people should, in order to avoid being threatened by people like these Loomis guys and hassled by our police, refrain from photographing those who are likely to prefer not to be photographed, I think you're putting the blame in the wrong place. This guy did nothing wrong, and he did nothing to deserve the treatment he received either from the Loomis goons or from the police. They were all in the wrong. He did nothing but photograph that which scores of people saw in person, and as a result, these guys threatened to assault him.
Since you asked: I suspect these guys are so on-edge because they're power-tripping pricks, and because people like you are happy to tippy-toe around such pricks, when someone shows them some backbone, it gets their hackles up.
Do you really think they're in much danger at the REI check-out counter, or that a guy with a phone-cam puts them at any greater risk? Do you really think they're in much danger anywhere else they're paid to do their jobs? I strongly suspect that their employer instructs them to immediately hand over any money if a conflict arises. It's not like their job is to fight off muggers.
Their job is to go around carrying wads of cash in public, and presumably they are paid extra to compensate for any additional risk posed by their job compared to other delivery people's jobs.
Stressful jobs or not, if the story is as it seems, they were completely out of line.
Yeah I'm sure every robbery works out just peachy. They just hand the money over and get a thank you card in the mail the following week. Nobody's ever been shot after handing cash over to a criminal.
Go ahead and follow the Loomis guys around on schedule, snapping their photos. Make sure you get them when delivering cash to a bank. When they ask what in the hell you are doing, show 'em some backbone. Let us know how it all works out.
Bye.
You implied @69 that this was bad advice; that people aren't sheep just because they avoid the bad decision of pissing off pricks like the Loomis guys by not photographing them doing their armed delivery macho-man jobs in public. When pressed for details, you changed your tune, and when I asked for clarification of your views, you stormed off in a huff.
So it seems you feel strongly enough about this to cut down someone who reminds people to stand up for their rights so we don't all lose those rights, but not strongly enough to face the fact that your attitude is one involving cowering in the face of bullying.
You go ahead and help these powder kegs inflate their egos to the point that someone gets assaulted for simply watching them and then refusing to identify himself. Go ahead and snap to it whenever someone says, "Papers, please!" People a couple generations later can tell us how it worked out.
Coward.
"As of 2008, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity."
"As a general rule, reasonable suspicion applies to situation in which police have reason to believe you’re up to something, but they don’t know what it is."
Got that Loomis schedule yet?
Idiot.
78
A Cornish student could be given the assignment to photograph people doing secretive jobs (I know a former Cornish student who was giving the assignment to capture kisses in photos, as an example - something that could rile the subjects for sure).
Dorothea Lange took pictures of the grim/harsh effects of the depression in the US, as well as effects of anti-japanese racism during WWII. [See: JapaneseAmericanGrocer1942.jpg]
She captured families that were starving, she captured the inner workings of a failing USA, and she captured important moments in time (the link above is a grocer's storefront the day before he was dragged to internment).
Was she a douche?
Shane may not have had as lofty artistic ambitions as Dorothea. But, in Washington state, he does indeed have the right, on foot in a business, to take pictures of what ever he wants AND to refuse to provide ID or details beyond his name, even to police. There ARE states where this isn't the case. What you do WITH the photos can get you into trouble (example: taking pictures of a professional model in a modelling context and then making money off the images without compensation to the model; the model can sue your ass).
If you think taking photos should be criminal in certain situations - then fine; either move to a different state or lobby for changes in WA state law.
Keep in mind the bus driver in the news yesterday: captured reading a book, having a meal, taking calls while driving his bus in Boston/NY. If taking photos were illegal, that douche driver might not have been caught being unsafe.
Worrying for the security guards' safety is noble, but living in fear in america is not: if they truly are so scared for their safety, they should change how they operate (come afterhours, perhaps?) or figure out a way to do their job without being threaten by the likes of photos. Especially in the cam phone age where half the people in line could've taken that picture. The truth is, there's no law to stop you from staring at them, nor video recording them, nor giving them a speech, nor photographing them.
I believe in constitutional rights, which include the right to be a lame ass douche, to be an atheist, to be a slacker and to be a self-righteous authoritarian prick (so long as it doesn't impede someone else's rights). Ex: The Loomis boys could also have exercised their free speech rights, and shamed the 29yo publicly: "hey kid, what do you think you're doing taking pictures of the inside of our cash machine? You want people to think you're cool, that you might be a bank robber, a master thief? You're not cool - you're a wimpy punk, you wish you had half my balls, and should be embarrassed and ashamed of yourself. If you're going to photodocumentary, at least get a real camera.".
edit: fixed link -webmaster
79
hmm message was cut. bummin. What is this? Twitter?
or at least, they could have said "hey buddy, come on; if you take that picture, then we're going to have to File reports and shit to our boss - how bout you delete that so our boss doesn't find it online and fire our asses"?
Instead they succumbed to standard Seattle passive-agressiveness - they tattled, like little playground girls, to the SPD. And THAT's weaker than Shane trying to be cool taking the picture.
7. When do I have to show ID?
This is a tricky issue. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.
[...]
In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as "stop-and-identify" statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.
As of 2008, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity.
Note that Washington State does not have a stop-and-identify law. Following that "reasonable suspicion" link, we find:
Reasonable suspicion: Facts or circumstances which would lead a reasonable person to suspect that a crime has been, is being, or will be committed.
At this stage, police may detain the suspect for a brief period and perform a frisk. In some cases, drug-sniffing dogs may be called to the scene, although officers must cite a reason for suspecting the presence of drug evidence in particular. Refusing a search does not create reasonable suspicion, although acting nervous and answering questions inconsistently can. For this reason, it is best not to answer questions if you have to lie in order to do so. Police authority increases if they catch you in a lie, but not if you refuse to answer questions. As a general rule, reasonable suspicion applies to situation in which police have reason to believe you’re up to something, but they don’t know what it is.
What facts or circumstances in the REI checkout line do you think would have lead a reasonable person to suspect that a crime had been, was, or would be committed?
Correct me if I'm wrong here. ATM machines have had a history of being broken into (aka card skimming devices, etc) in Seattle. Armed security guards have had a history of being robbed and killed. Someone, somehow is getting into these machines when nobody is looking. At least in my opinion, it's strange to have someone come up and snap a photo of one being serviced. It's not exactly picturesque or interesting. Is that reasonable suspicion? That is a stretch, especially since it's the only time he did it. But, it's not exactly out of the question. One thing is for sure, it will most likely lead towards a confrontation of some sort.
Now, the situation I mentioned of you following around Loomis guards on their schedule, taking their pictures, and making sure you do this in front of a few banks. Well, yes I think that is. And if you choose to do that, I'd prepare to answer a few questions to the police.
Time to step away from the computer. Go enjoy your weekend of sunshine.
82
Robbery/theft occurs everywhere: ATM Machines. School lockers. Alleys in Belltown. Starbucks tip jars. City Hall parks/ARC budgeting.
Armed guards do not have a history of being robbed nor killed at REI.
You have the right to snap a photo of whatever you like, and in fact several groups encourage the photographing/videographing of armed officers (public and private) to encourage accountability. You even have the right to follow Loomis, or SPD, anywhere around the city as long as you remain on public property and follow the law. Even if it's a little crazy to some people, even if it's a little suspicious to others. You can even carry around a concealed weapon (if you have the permit). And wear a shirt saying just about anything (say, LOOMIS=COWARDS, for example). And shout words that will make some people red in the face. And burn a flag. And refuse a warrantless search request.
It's weird and surprising what actual freedom/liberty enables, huh? And the best part; liberty for liberty's sake is what the nation was founded on! Fancy that.
83
Robbery/theft occurs everywhere: ATM Machines. School lockers. Alleys in Belltown. Starbucks tip jars. City Hall parks/ARC budgeting.
Armed guards do not have a history of being robbed nor killed at REI.
You have the right to snap a photo of whatever you like, and in fact several groups encourage the photographing/videographing of armed officers (public and private) to encourage accountability. You even have the right to follow Loomis, or SPD, anywhere around the city as long as you remain on public property and follow the law. Even if it's a little crazy to some people, even if it's a little suspicious to others. You can even carry around a concealed weapon (if you have the permit). And wear a shirt saying just about anything (say, LOOMIS=COWARDS, for example). And shout words that will make some people red in the face. And burn a flag. And refuse a warrantless search request.
It's weird and surprising what actual freedom/liberty enables, huh? And the best part; liberty for liberty's sake is what the nation was founded on! Fancy that.
Photographs taken in public are usually legal unless the image moves towards libel or slander. In recent years the courts have gone back and forth on this. The American Society of Media Photographers has lawyers monitoring and addressing these cases constantly to protect the rights of photographers. Having said that, they don't always win.
Photographers who think they can take pictures anywhere without consequence (like our ATM photographer) are at best misinformed, at worst naive.
Consider this: can a photographer standing in the street (public) point a camera into the bedroom of a home (private)? As we all know, paparazzi (translation: little flea/pest) do this all the time; hence society's disgust with them. Is such disgust warranted? I believe it is.
Finally--how depressing to read the juvenile posts, name calling, and insults that appear regularly throughout this thread. As newspapers and bona fide journalism disappear or move to more interactive media (like the web), get ready for this kind of dialogue to be the norm. Many, including our president (read the transcript of his Notre Dame commencement speech) are trying to reverse this trend; we can all do more to support and encourage thoughtful and respectful civic dialogue.
It's within the property owner's right to tell his guests not to do it, and to tell people they're no longer welcome if they do it.
"Photographers who think they can take pictures anywhere without consequence (like our ATM photographer) are at best misinformed, at worst naive."
The extent of that consequence is being informed that they are no longer welcome. Being assaulted by a couple of thugs is not. Being forced to identify themselves is not. Being punished for committing a crime is not.
People who think they have to show their papers upon the request of a police officer, much less some delivery guys, are sadly mistaken. People who threaten someone else with bodily harm for photographing them in public are guilty of assault.
86
What is wrong with people?
I will say that Shane might have been more diplomatic without giving his ID (which he didn't need to), but I wasn't there, so who knows.
OPA filed something, which hopefully leads to some kind of action to make cops think about overstepping their shit and arresting someone for no good reason. Otherwise, I don't see any real harm here. (Rent-a) cops were a bit dickish and demanding shit with no real grounds and they got the dickish response that more people should give them. Then they let him go when they had nothin'.
They overstepped their authority and overreacted, but in their defense the Loomis guys are probably under orders to report even the slightest suspicious activity and assume the worst - so they probably weren't thinking, "gee, are we violating this guys rights for nothing?"
Also the cop's reference to 9/11 Becker mentions in his blog is hilarious/ridiculous. To paraphrase:
Cop: "Remember 9/11? One time I was in a completely different situation taking pictures."
Becker: "Did you just play the 9/11 card?"
Cop: "Book 'im!"
93
In that same logic, we should ban all roads and cars in the US because soldiers in Iraq are killed by roadside bombs.









RSS
Comments (94) RSS