ajkessler
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Good topic. You'd have to research your state's law, but bottom line is, unless you do something besides trespass, or the owner has some grudge against you, there's nothing to really get caught for after the fact.
Some misinformation I think I can help clear up: None of this is legal advice, of course, so don't use it as such. Do not rely on any of it for any reason.
400d wrote:
Yes. If you are caught on scene, it would be trespassing, disorderly conduct, or, depending on the cop's mood, they can charge you criminal trespassing and burglary as well.
Burglary, in any jurisdiction I've ever seen, requires breaking and entering with an intent to commit a felony therein. Taking pictures is not a felony, so unless you're planning on doing something extra stupid, it's probably impossible to be charged with burglary.
nathanlake wrote
Usually, recorded data (pictures, voice, etc) require a live person to testity to their authenticity.
Photographs generally require that someone testify that they are a true and accurate representation of the scene. This can be anyone that's familiar with the scene, including the owner. If you're talking about authenticity, as in "I didn't actually take this picture, I just photoshopped it", that would be a pretty interesting defense, which may require some sort of authentication, but it's a pretty weak argument that isn't likely to succeed.
nathanlake wrote:
The case could, and has been argued that images taken by the perpetrator would amount to self-incrimination which is not always admissible. Different states, different courts and different judges on different days may rule on this differently.
Photographs are generally not testimonial evidence, so I would be extreeeeeemely surprised if any judge has ruled that they constitute self-incrimination.
chez wrote:
I always look at it from the other foot. What if it was your property, abandoned and possibly dangerous buildings. How would you feel if say a bunch of kids go exploring those buildings?
Red Herring or not, this is a very important topic to consider. Here in California, we don't distinguish between licensees, invitees or the public at large. So, if someone is robbing your house and gets hurt while trying to maneuver through your obstacle strewn, dangerous backyard, you're liable. Insane, I know, but that's how it works here, and I imagine in other places as well. So, if you own an abandoned warehouse in CA that has a bunch of dangerous stuff just laying around, you've got a big incentive to keep trespassers off your property, and there's often a good reason those no trespassing signs are up, particularly at old abandoned industrial facilities.
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