Some Clarification Please Mrs. Peircy, Pt. I

Posted: August 19, 2011 in Uncategorized

Yesterday, while setting at the park I frequent two officers approached the area. The issue at hand was that two of the guys who hang out here were laying back against their “gear”. Officer Fitzpatrick informed them that this was camping, even though the bed rolls were not unrolled and they were not covered up in anything. These two individuals were fully awake and were just relaxing and talking with the rest of the group they were simply relaxing and this is a violation apparently. I have a friend in the process of getting me the ordinances on this topic so i can look into it myself. I have been involved in legal work before and feel able enough to look into it with a fair mind. While this officer, sorry if i have the rank wrong, he is actually a Sgt. i think, but while he was talking to one of the individuals involved in illegal camping in the park another individual was using his camera to record the entire episode. According to the Sgt. the recording of the voice of a policeman in the state of Oregon is against the law and the violator can be arrested for the act. only if their is audio however. Th Oregon law on recordings reads as follows, please note the underlines area of this law.

 

 

From the Oregon State Code

 

Or. Rev. Stat. §§ 165.535, 165.540: It is illegal to obtain or divulge a telecommunication or radio communication, unless one is a party or has obtained consent from at least one party to the conversation. It is illegal to obtain or divulge an oral communication unless all parties to the communication are informed that their conversation is being obtained. Certain enumerated exceptions apply. Violations are punishable by a maximum sentence of $5000 or one year in jail.

 

Or. Rev. Stat. § 165.543: It is also a misdemeanor to intercept a wire or oral communication where one is not a party to the communication, and none of the parties to the communication have consented.

 

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Or. Rev. Stat. § 133.721.

 

The state’s highest court ruled in1996 that interception, without consent of any of the parties, of the radio portion of a cordless telephone call through use of a police “scanner” is illegal under Oregon’s wiretapping laws. Oregon v. Carston, 913 P.2d 709 (Or. 1996).

 

Using a hidden camera to record another person “in a state of nudity” without consent when the person has a reasonable expectation of personal privacy is a misdemeanor. Or. Rev. Stat. § 163.700.

Important Notice

 

It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel

 

 

 

Note that this incident was a “non-electronic communication” held in a public arena, in front of an estimated 12 other people. there was nothing private about it and there could not be any Reasonable expectation of suck based on the circumstances. yet, Sgt Fitzpatrick not only arrested, or tried as the person ran from the police. No, your right, not smart. he was caught and jailed for his dumb decision. Not only did the SGT arrest him but he confiscated the camera and told the owner she could either give him permission to take it or he would go get a warrant for permission to search it. On a side note, when has it been against the law for citizens to monitor the local police and authorities? Are we living in a police state or are we still in the America where we have rights? Of course, we did lose many of our rights under George Bushes reign of terror, was this one of them?

 

While we are talking about the reasons for arrests of those of us who are homeless from pioneer park, lets talk about a few other reasons we have been given. The main reasons:

 

1. Setting on the retainer wall

 

2. Using the power outlets

 

3. Laying down, or “camping” as Fitzpatrick calls it.

 

4. Not having our pets on a leash and under control.

 

 

 

Ok, so knowing these are the main reasons for harassment at the park lets look at them.

 

1. Setting on the retainer wall: At first i thought this was stupid. This wall is about a foot thick of concrete and stone is not going to be damaged by a 220 lb me setting on it, though i do not usually set on them. however, after asking Fitzpatrick about this i now understand the concern. It a legal issue. were someone to get hurt by falling off backwards they could, in our overly sue happy country, sue the city for damages. this would most likely happen as well. So this is understood.

 

2. Using the power outlets: we have been told that this is a violation of park rules and “theft of Services”. However, upon reading the park rules in their entirety, there is nothing in them concerning this. I have posted these rules as well so any one can look them over and point out if i happened to miss them. If so i would like to know. this being the truth of the matter and point number one in which Fitzpatrick has lied and been caught, i know some people who have been arrested for this and so i will be advising them to seek legal representation and to go after t he city for illegal incarceration. Laws must be made public if they exist, in this case it does not exist.

3.  “camping” : Fitzpatrick tells us that camping, by park rules, is laying down with bedding material present, does not matter if you are actually using it. If you have bedding material, and you are laying down around it, you are camping. He says this is in the park rules, again, it is not. The only mention of  “camping” in the park rules is towards the beginning when it states that among the prohibited activity in the park is “Overnight Camping”.  Overnight Camping. No mention of laying in the park near your bedding, no mention that laying there awake and not using anything as bedding being a breach of rule for the park. Again, unless i sorly missed something, another lie told by Sgt. Fitzpatrick to justify the harassment and arrests of the homeless who do not give him a real reason to arrest them.

4. Keeping dogs on leashes and under control: this one is actually there. There and fully understood and supported. I was bitten two weeks ago by a god owned by a homeless lady and know not all of them are well behaved. I agree, keep them contained while at the park. Most of the gods here are well behaved and very friendly, but not all of them are and you have to err on the side of caution when dealing with personal safety.

 

So, why does Fitzpatrick think he can lie and cheat and deprive CITIZENS of this city of their liberty in this manner? This is why. Because most of the homeless population do not know how to look into these things and to defend themselves from them. Most of the homeless population who do know how, simply will not question the police  and will take it for granted it is the god given truth. They simply do not have the will to go through the hassle of looking it up, after they have to search for it and finds the correct file and….and…..and……. This is one reason, the other is that there is an assumption that the homeless are ignorant and uneducated and that none of us can do what is required to look into it. It is a direct form of discrimination and harassment. This is pure police state bullshit! I think it may be time to act. Expect to see me at thee next city council meeting

For a look at the entire park rules see my post “Park Rules”. Wanderer is angry about this and one other thing he heard tonight concerning a new city ordinance that is coming into effect, can you say “illegal to be homeless”?

 

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Comments
  1. Majeska says:

    >…one other thing he heard tonight concerning a new city ordinance that is coming into effect, can you say “illegal to be homeless”?

    What new ordinance?? Some may wish, but there’s nothing in the works, is there?

  2. Anonymous says:

    that is BS about the wall … if I was to go into the park and sit on the wall …. I would not be harrassed and you know that to be true ! ….. how many “good little citizens ” were targeted by that officer ??? … bet you won’t find any !! …….

    and yes …. it is illegal to be with out a place to live ! ….. if just about anyone goes to a park with a blanket to sit or lay on they are not arrested for it ! …………

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