Teen arrested after photographing B.C. mall takedown - Polidicks

[img]http://www.cbc.ca/gfx/images/news/photos/2012/10/25/mi-bc-121025-markiewicz-photo.jpg[/img] [quote]A B.C. teen who aspires to be a journalist says his rights were violated when he was set upon by security guards and then arrested by police after photographing an incident at Metrotown shopping mall in Burnaby, B.C. Jakub Markiewicz , 16, said he was in the mall in September and took a picture of what he thought was a newsworthy event — a man being arrested by security guards. But Markiewicz said the guards quickly turned on him, demanding he delete the photo, which he couldn’t do because he was shooting on a film camera. Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived. He said the security guards held him, attempting to grab his camera, and he was pushed to the ground. He said he then tried to use his body to protect two cameras he carried in his bag. "They're just yelling and screaming, and just telling me to stop resisting," Markiewicz said. He admits he started swearing and was then handcuffed by police and taken outside the mall to an RCMP cruiser by the officers and mall security. Markiewicz said the guards again demanded he delete the photos and he told them once more he couldn’t. He said the Mounties could not remove his backpack while he was handcuffed so they cut it off his back with a utility knife and searched it. "I was like, just perplexed. I was like, ‘What's going on here, why am I being treated like this,’” he said. Burnaby RCMP say Markiewicz was arrested for causing a disturbance, but was not charged. He has, however, been banned from Metrotown mall for six months. The teen’s father, Zbigniew Markiewicz, said mall security and police completely over-reacted. "There’s no real threat to anyone by having a camera and snapping a picture," he said. Lawyer Douglas King, of Pivot Legal in Vancouver, agrees, saying that private mall security guards and police have no right to try to seize someone’s camera or demand that photos be deleted — even on private property. King said that too often, police take the side of guards, with no questions asked. "They need to be able to look at this with a cool head, separate the parties, and really give a fair analysis to both sides, not put a kid in handcuffs and take him to a police cruiser," King said. “He didn't comply with the request of the security nor the RCMP, so they took appropriate action they deemed necessary to diffuse the situation,” said Doug MacDougall, of Metrotown Properties. MacDougall said that Markiewicz was told that he couldn't take pictures inside the mall. King said the province needs better oversight of security guards. Justice Minister Shirley Bond told CBC News that current legislation contains adequate measures to ensure appropriate oversight of the security guard industry, but said that oversight is a big job. "Remember, there are 22,000 licensed security personnel that are doing their job every day — there are situations that will happen, but we have a process to deal with that, as do the police," Bond said in an email. Justice Ministry spokeswoman Tasha Schollen said there had been 371 complaints related to the security industry filed since the beginning of 2011. Schollen said 22 of the complaints related to use of force and of those, five have led to "enforcement action."[/quote] [url=http://www.cbc.ca/news/canada/british-columbia/story/2012/10/25/bc-teen-photographer-arrest.html]**SOURCE**[/url] TransLink Security is about as bad. They flipped shit at me because I was using a tripod on an empty platform late at night. No Tripods allowed. I packed it away and just took photos anyways. Apparently no photographs are allowed either. Told them to get fucked and went home. [quote]Markiewicz was told that he couldn't take pictures inside the mall[/quote] Bullshit. I've taken photographs in that mall too. Go cry to your dead parents.

[quote]Bullshit. I've taken photographs in that mall too. [B]Go cry to your dead parents.[/B] [/quote] wait, what?

[url]http://facepunch.com/showthread.php?t=1217228&highlight=[/url] From Hero of the day to common criminal. Tisk tisk MIPS, tisk tisk. [editline]25th October 2012[/editline] Oh wait, I thought you were the one that got detained for taking pictures. Excuse me.

[quote] Markiewicz was arrested for causing a disturbance[/quote] Yeah, the ruffian scumbag was such a disturbance when he snapped that photo. The few guards yelling and wrestling a teen didn't disturb me whatsoever

Is this legal? I'm pretty sure taking pictures in a mall is not considered criminal activity by anyone.

This is making me rage to no end. Nice job perpetuating the dumbshit mall cop stereotype to those guys.

Fucking bullshit. There is nothing threatening about a photograph, and I'm willing to bet that it was because the security guard(s) were overly camera shy (if you will) [editline]25th October 2012[/editline] As an amateur photographer, I find those people absolutely disgusting

lmao, mall cops

Life imprisonment.

[QUOTE=zombojoe;38187719]Is this legal? I'm pretty sure taking pictures in a mall is not considered criminal activity by anyone.[/QUOTE] I'm very familiar with Canadian law. This is what happened. It CAN be disallowed to take pictures on private property, like a mall. People do it anyway, but Security guards only intervene when it's causing problems for them or the establishment, because the mall wouldn't want them to go around jumping at anyone with a camera. Now what happened is that the Security guards mishandled this guy and made an arrest for what was essentially a trespass to property (Breaking a rule after being advised of it on private property) The problem? That's not something Security guards can arrest for. The RCMP came and 'detained' him after the guards probably lied out of their asses and blew it out of proportion. The offence "Cause a disturbance" is one that a person can be arrested for with the chief purpose of removing them from the area and letting them cool off. It doesn't carry a charge or criminal penalty. So either this guy freaked out and really did cause a disturbance, or the Security guards should be charged with unlawful confinement.

I can sort of understand why they'd be upset. I'd be pretty irritated with someone taking pictures of me even if I weren't in some kind of situation. Doesn't excuse losing control though.

snip Apparently canadian law is a bit different in this regard.

[quote]He didn't comply with the request of the security nor the RCMP[/quote] What kind of bullcock excuse is that? It was a film camera "STOP RIGHT THERE CRIMINAL SCUM, PROCURE A CURE FOR CANCER RIGHT NOW." "What? I can't do tha-" "SUSPECT FAILING TO COMPLY"

[QUOTE=The golden;38188864]I'm sure this never happened in this case, but maybe they just didn't want such people doing the same thing while they are just trying to do their job. The security did overreact though, I'll admit that.[/QUOTE] I can't say I really understand the situation, since obviously I wasn't present.. but I've run into a similar situation with a security guard when I was taking photos (off of) private property of a building for a high school photography project dealing with architecture. I was using a basic black and white film camera with no zoom features and the security guard of the building came out and hassled me about it, demanding answers about the specs of my shitty surplus camera despite the fact that I was clearly just a teenager with high school-grade equipment. People are way, way too paranoid about cameras.

As someone who used to work security I will express this - Private security work to protect private property, a mall is private property. Malls (at least around here and I am certain it is the same everywhere) have rules or codes of conduct which the patrons are expected to follow. Breaking these rules can result in being escorted off property. Yes, they can do it. They can also ban you from property and if you return - have you arrested for trespassing. The moment you say 'no' when asked to leave or continue doing activity you have been told not to do - you are trespassing. I have a mall in which I cover in my current occupation. A lot of people get into serious snags because they think that the 'mall cops' (They are NOT cops. They are in no way police officers.) have absolutely zero authority of the property they are assigned to protect. Also, for some reason, these people always seem to have warrants and really should be keeping on the down low and not drawing attention to themselves... Oh well. Job security right there. :D The whole camera thing with malls typically goes with terrorism but also market protection from corporate espionage. IE taking pictures of products, storefronts, etc to profit another company. So it is broadly enforced. Remember, they can not pick and choose who to enforce their policies on. You may look like a typical teenager with a camera, but what would happen if say - they only profiled Arabic males who were taking pictures? Hence the broad enforcement. (Although the security guys and gals at the mall here typically do not seem to take action unless there is a real issue, and if that is the case we're already notified of it and enroute.) Now, when it comes to this situation it was most certainly an over reaction. If they felt he was creating enough of an issue they could have just asked him to leave and that's that. Forget trying to get anyone to delete pictures. It's not worth the hassle. Odd that they also have arrest powers. When I worked security and also the security team of the mall in my area - my only job and their only job is simple. Observe and report.

[quote]You may look like a typical teenager with a camera, but what would happen if say - they only profiled Arabic males who were taking pictures?[/quote] They might continue never discovering a real motive as to why somebody would want to take legitimately malicious photographs of their crappy accounting firm in the far coast of Canada. I don't know where you work, but BC is not exactly the terrorism/corporate warfare hotspot of the world.

[QUOTE=MIPS;38187561]Bullshit. I've taken photographs in that mall too. Go cry to your dead parents.[/QUOTE] Shit escalated quickly. [QUOTE=hypno-toad;38189138]They might continue never discovering a real motive as to why somebody would want to take legitimately malicious photographs of their crappy accounting firm in the far coast of Canada. I don't know where you work, but BC is not exactly the terrorism/corporate warfare hotspot of the world.[/QUOTE] I'd put money on America. We've had so much fear put in to us throughout our lives that the only option is to consider it to be true. Tnx mass media.

[quote]Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived.[/quote] What a moron. Yes, security might have overreacted with the first shot, but taking another shot just after being warned over it seems like a really stupid thing to do.

[QUOTE=zombojoe;38187719]Is this legal? I'm pretty sure taking pictures in a mall is not considered criminal activity by anyone.[/QUOTE] Depends on the rules of the mall. Privately owned property can have rules against taking photographs. You can legally take pictures of people or happenings in a publicly owned place, though. Like a park, Library, etc. At least, that's how it is in America. No idea how it works in Canada.

I wonder if he can sue for illegal search and seizure?

[QUOTE=archangel125;38188268]I'm very familiar with Canadian law. This is what happened. It CAN be disallowed to take pictures on private property, like a mall. People do it anyway, but Security guards only intervene when it's causing problems for them or the establishment, because the mall wouldn't want them to go around jumping at anyone with a camera. Now what happened is that the Security guards mishandled this guy and made an arrest for what was essentially a trespass to property (Breaking a rule after being advised of it on private property) The problem? That's not something Security guards can arrest for. The RCMP came and 'detained' him after the guards probably lied out of their asses and blew it out of proportion. The offence "Cause a disturbance" is one that a person can be arrested for with the chief purpose of removing them from the area and letting them cool off. It doesn't carry a charge or criminal penalty. So either this guy freaked out and really did cause a disturbance, or the Security guards should be charged with unlawful confinement.[/QUOTE] Ummm, security guards are allowed to arrest someone for trespassing since the they are a working on behalf of the occupier of the property. Works just that like here in Ontario too.

Whether it's bullshit or not is open to discussion but: [quote]Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived.[/quote] Doing that when they already told you not to take pictures is just being fucking dumb.

But hey, in the end who got what they wanted? he wanted a photo to spread the word about this mall cop bullshit, and instead he got it into the news.