Man arrested for taking photographs of children at bus stop.

Started Aug 15, 2012 | Discussions thread
Dan Marchant Senior Member • Posts: 2,974
Re: Man arrested for taking photographs of children at bus stop.

SimonTay wrote:

Not true. I can prohibit someone from taking photographs on my property for example, but that doesn't make it illegal, or an arrestable offence.
Simon Taylor - Phooto

While not all prohibited things are illegal, all illegal things are prohibited. I am prohibited by law from driving in excess of the speed limit and I am prohibited by law from taking obscene photographs of children.

If you prohibit me from taking photos on your property and I ignore you all you can do is ask me to leave your property. If I refuse to do that you can call the police, however, they can only arrest me for refusing to leave your property - trespass (which is illegal) - not for taking photographs against your wishes (which isn't). Likewise you can have me removed from your property for singing the Birdie Song (should be illegal but oddly isn't) or pretty much anything else you find annoying. However, in each case the grounds for arrest would be trespass.

The police statement says he was arrested on suspicion of taking photographs which are prohibited. As you can only be arrested for doing something illegal the policeman must have believed that the taking of those photographs was prohibited by law; illegal (as opposed to just prohibited by the mother or the bus station operator). Assuming the man wasn't intending to blow up the child (terrorism) or trying to photograph a secret government document she was holding (espionage) the only type of photographs that are illegal in this situation would be obscene ones. Therefore James is correct and the only reasonable meaning of "prohibited" given the context would be that he was taking obscene images of children.

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