Loomis Rent-A-Cops Have Shopper Cuffed, Hauled Away Over ATM Photo
While Shane was standing in the customer service line at a Seattle REI, he watched two Loomis employees open and change out the cash in an ATM machine. Shane took a photo of them with his iPhone. This apparently freaked out the Loomis guards, the REI security staff, and then the Seattle police, who put handcuffs on Shane, drove him to the police station, and then made him sign a statement that he wouldn't return to a REI store for a year. You might have noticed in that summary that they didn't actually bring any charges against him, which should make it clear to anyone who wants to side with the faux Po-Po that what Shane did wasn't illegal, that the rent-a-cops should be fired, and that REI and Loomis owe Shane a big apology.
Here's just one reason why we think the Loomis guards should be fired, and not just reprimanded: the guard who saw Shane take the picture threatened him with physical harm if Shane didn't obey his commands. Here's the exchange between Shane and him:
Him - When you're done over here, come talk to me.
Me - No, thanks.
Him - Don't try to leave. I will tackle you.
Me - No, you won't.
Him - I'll call the cops.
Me - I can't stop you.
We think Officer Debra Pelich should apologize just for flat-out being an idiot. Check out her ludicrous "reasoning" below:
We go back and forth about why I took it and don't see it as a problem versus why they think it's somehow threatening their personal safety and their property's safety. They're trying to convince me to give my ID to the Loomis guys to write their report. I'm trying to convince them to go fuck themselves that I didn't do anything illegal or otherwise wrong and that Loomis doesn't have any jurisdiction to compel me to give them my ID. Round and round, over and over. Until…
Officer Debra Pelich (#5976):
"Remember 9/11? I saw pictures of those buildings. One time when I was in Florida I was wandering around taking pictures. A security team came up and told me it was a high security restricted area. I wasn't supposed to be taking pictures there. I explained that I didn't know that, was a police officer, showed them my ID and complied with them. We cleared it up and I left."Me (totally baffled):
"Since you managed to pull the 9/11 card somehow, does that mean that everyone that took a picture of those buildings-"That was when Officer GE Abed (#6270) spun me around and put handcuffs on me. They took me out the back door to the loading garage, put me in the back of Seattle Police car #805. We sat there for a few minutes then they took me down to Seattle Police Department West Precinct. I sat in a holding cell for about 30 minutes still in cuffs.
Shane noted that even though everyone was apparently deathly afraid of his super spy skillz, Officer Pelich made no move to hide the security code to the police station garage door when they pulled up—instead she keyed in the number in full view of Shane. Nice work there protecting your fellow officers from terrorists, Pelich.
Shane points out that with just a little bit of Google searching on the morning he posted his story, he came up with 33 different links to data—brochures, photographs, maps—about ATMs and ATM locations, all of it far more sensitive than the noisy 2MP photo he snapped from a distance with his iPhone. He also points out that they didn't ask him to delete the image; it seems like his "crime" was taking an image and then refusing to follow the orders of the Loomis guard and hand over his ID afterwards, even though the Loomis guards had no legal right to demand any information from Shane. What REI could have done was post a sign on premises stating no photography was allowed, or talked to Shane after the incident to explain that they don't allow photos on their property, but that wasn't what happened either. Instead, Shane was carted away in cuffs.
Remember, you can take photos of pretty much any damned thing you want in public (military and national security areas are the exception), including children, buildings, airports, and police officers. Private properties can set their own rules about what kind of photography is allowed, but can't confiscate your film without a court order. If they try to or threaten you with arrest, they're more likely to be breaking the law than you are.
Bert Krages, an attorney who wrote a concise summary of rights called The Photographer's Rights (from which we pulled out the info in the above paragraph), points out that most public photo altercations are started by security officers or employees who don't know the law and who just assume that taking photos is somehow illegal. He suggests if a rent-a-cop becomes "pushy, combative, or unreasonably hostile," call the police. But who do you call when the police are also dumb and easily frightened, and more likely to protect private businesses instead of private citizens?
If you know of a good attorney in Seattle who can help his cause, please let Shane know at twitter.com/veganstraightedge
"Of ATMs, iPhones… and 9/11?" [I Am Shane Becker] (Thanks to Aaron!)
(Photo: veganstraightedge)
RELATED
The Photographer's Rights [Krages]
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Comments:
And he was dumb enough to allow all this?
If you EVER have a security guard even TOUCH you, ask them "Do you intend to hold me here against my will?"
If they say yes, start yelling for the police, or call them on your phone. Don't stop until you attract enough attention. Yell that you are being kidnapped. Tell people the rent-a-cops aren't real.
When the police arrive, remember to offer to press charges against the guards unless they decide to end the situation the way *you* feel it should be. Remind them that they'll never work as a security guard again for the rest of their life with a conviction.
Of course, if they say no, tell them you'll be leaving and, if they want to call the police because they feel they need to press charges, that you'll be waiting outside for them, but you'd like to know now so you can let your appointments know that you'll be late. Be true to your word.
The guard was an asshole but we have assholes in every profession and I doubt he will get fired. He might have been following standard operating procedures for all we know when he saw the guy snap the photo. I'm not defending the asshole guard but knowing what his SOP states when this sort of thing happens might explain a lot about his actions.
@shepd: My understanding was that the toy cops only threatened physical contact while the actual Seattle cop did the spinning and handcuffing routine.
Half of my coworkers have no idea what they are doing when they assist Loomis in removing and replenishing our store's ATM (which is almost identical.)
I doubt that Shane or anyone else who decides to photograph this process would be any better than them. This is why people back their cars into ATMs - it's too hard to crack!
If I say something against the status quo I'm afraid Chris is going to send Loomis after me!
In all seriousness though this seems like a situation of private security's assuming they have all the power and are real cops when they aren't. It gets worse when the Police actually reinforce that idea by these actions. I used to work with a former security guard and he used to always tell me how he is just a cop in a different uniform. Same situation here maybe?
@liquidnumb: I was just saying the same thing... I consider myself a perfectly nice, law abiding person and 3 out of the 3 times that I've dealt with the police in my adult life have been being yelled at and intimidated for no reason what so ever... Even with the "Let me level with you officer, I'm a nice person and I just want to understand what's going on.." and I STILL got a power tripping cop up in my face.
Its sad that whenever I see an officer, I get freaked out.
I'm a long time REI member. As soon as I finish posting this I'm going to be writing a polite but firm letter to REI letting them know that I am appalled that this happened at one of their stores and that the REI employees, Loomis employees, and Seattle PD overreacted the way they did. It'll be interesting to see what, if any, response I get from them.
@bigmil87: Could be. I would hope that security companies would drill into their employees' heads from the first day of training that they are NOT law enforcement officers.
It sounds like the security guard asked him to come over when he was done with his business, possibly to ask him to delete the image, as it would be a security concern, and then the OP decided to be an ass about it, so the security guard in turn, started to be a bigger ass, and then called the cops, as taking pictures of security guards working on an ATM seems like suspicious behavior, just like taking pictures of a bank or a jewlery store would be to many people. I also believe the OP left out several things in his time with the police as no cop is going to just grab a guy, in a public place, cuff him and throw them in the back of a car without putting them under arresst and reading them their rights.
This is one of those times where I believe the police and security guards were within their rights, but would have let the op slide if he wasnt being an ass, but becasue he was being an ass they found a reason to give him trouble.
If the security guard did threaten to tackle him (which probabaly happened, although I dont belive it was in the exact way noted above) then he was in the wrong, but made the right move in calling the cops.
@Jared LeClaire:It doesn't matter, and furthermore the reason it doesn't matter is that SCOTUS has ruled that as long as a person taking a photograph is in public, not breaking the law themselves, and not impeding law enforcement from doing their work, then no one can legaly say or do fuck-all, not even the police.
At the most, REI can ask him to leave their premises, and thats all that can happen, legally.
@xtc46: I was thinking sort of the same thing. There has GOT to be more to this story that makes the OP less "innocent" in all of this.
@Chongo: My friends brother was a cop, and she used to tell me that two kinds of people would become cops: those who where bullied as kids and want to make a difference, and the bullies themselves.
Apparently her brother was the latter.
@xtc46: Riiight. Because cops never step over the line, get loud and intimidating or act in any way that is unprofessional.
Never.
Only two types of people become cops. Ones that want to help the public and bullies. Unfortunately, bullies end up the majority since smart, sincere types can move ahead pretty quickly 'off the beat'.
@xtc46: Shane was within his rights to take the photo of the ATM. The only thing that could have stopped him was if REI said they didn't allow photography on the premises. "Seems like suspicious behavior" is absolutely not a legitimate or legal reason to harass a private citizen because he took a picture.
These are the same assumptions that trip up so many people on both sides of encounters like these. I urge you to download the Photographer's Rights document I linked to above and read it. It's a really fast read--just one page--and clears away a lot of "common sense" assumptions that are just completely false.
@xtc46: Yup, that's what I'm thinking as well. Something is missing, and all we've got is one picture and his side of the story. Corroborating documents (the "trespass" document he signed, correspondence from REI, Loomis, and/or Seattle PD, etc) or an article in the local paper would definitely help. Has anyone got any comment from any of those three entities?
@Chongo: To be fair, i have had quite a few run-ins with the police (no, I am not a hardened criminal, just got pulled over a lot) and found that the only time i ever had issues with the police was when i was acting the fool. Even with the polizei in germany, handling my drunk ass, i found that they were fairly level and escalated as i did. I never once got put in cuffs and dragged downtown.
On one hand everyone but the OP was an assclown. On the other hand veganstraightedge. Damn I really want to side with the OP but still...
Just kidding, had to make a joke. But really those security officers do need to be fired. I would have walked right on out of there. Possible with a middle finger pointed at them with a couple of f off bombs at them when they tried to stop me, then a nice heafty lawsuit when they touched me.
@sicknick: No, they do step over the line, but in this case, I dont think they did. Its like when a cop pulls you over for going 10 over the speed limit. Are they within their rights to do so? very much so, can they let you slide with a warning, yes they can. But if you are being an ass, and start giving them crap for pulling you over, can then then tell you to wait where you are, right you your speeding ticket, verify all your car's info is current, and make sure you have nothing else outstanding, Absolutely.
Suspicious behavior IS enough to question someone, and IS enough for a police officer to question you. If you can be reasonable conceived as a threat to another person or person property, then they are within their rights to stop and question you. There is a huge differance between somone standingona sidewalk takeing a picture of a building, especially landmarks, or things in public, its entireley differnt to take pictures of security personelle taking apart an expensive bank asset like an atm.
IN ADDITION. Just about every major chain store has a no photography within the store rule on the books. It is in place to prevent competitors from taking snap shots of exclusive products or logging prices in mass, and like many rules, it is ignored becasue people can break it without causing headaches for anyone, but is kept for that 1 in 1000 time that they need it.
@xtc46: They were not within their rights. Security guards have no right to randomly invoke rules and try to enforce them. The OP may have been being a dick, but who wouldn't when confronted by these rent-a-cops. When stopped by Campus "police" once (on a public road), I was asked for ID, I told him to call a cop and I'd show the cop my ID, but otherwise he could get stuffed.
But aside from whether or not the OP was being an asshat or not, the fact is if he was doing something against store policy, that should have been explained to him by the Loomis guys or by the cops who arrived.
What's offensive about this situation is this assumption (as an earlier poster said) that being a dick to a cop is an offence. It's not. The cops these days assume that if you're a member of the public you are a) an asshole just waiting to do something wrong if you're not already doing it, and b) supposed to follow their orders no matter how stupid or insane.
When our own police forces begin to view us as the enemy, we're in serious shit. When the government views the cops as a tool, not of enforcing the law, but of keeping people in their place, we're fucked. Look at agents provocateurs in the recent G20 in England and last year in Quebec. Cops caught going undercover in a crowd of otherwise peaceful protesters (noising, annoying, smelly, hippy, anarchist protesters) trying to start shit so that the uniformed cops would have an excuse to bust heads! Exactly what part of Serve & Protect is that?
The cops don't like to write reports, so if they can get you to voluntarily do , it makes life simple for them. Hassle or mouth off, and the cuffs go on...it's that easy for them. They only need make the detention or arrest on "grounds" or mere "suspicion"; it's up to the DA or whoever to file the charges and make them stick.
In many jurisdictions, rent-a-cops go through an abbreviated version of real police training (in California, it's called POST for Peace Officer Standardized Training). Many do this in order to get a badge, some do it in order to be able to carry a gun. In all such cases, they _do_ have actual police power, but its limited to the course of their duties; unlike police, for example, a security guard CANNOT carry his service weapon 24/7 unless they have a valid CCW (Carry Concealed Weapon) permit.
The one mistake it appears Shane made was not to ask for what charges he was being DETAINED (not arrested) on...while in some circles, being cuffed means that you are under arrest, in other interpretations, it means that you are merely being "detained" for investigation preliminary to the filing of charges ("suspicion").
When I was in college, the disabled students were denied rights and protested, and the campus police chief came up with a novel concept of "momentary detention", where he would come up and cuff people long enough to stall the march, then uncuff them. A $7million lawsuit later determined that was illegal, as there was no investigation or arrest recorded, and he was holding the students without legal justification.
IANAL, but I'm familiar with enough of the material to say that Shane likely can own his REI and then have two police officers work off their damages as part-time security for him.
@Jared LeClaire: Because it's there, Jared.
There's this thing called a Constitution, that says (and I paraphrase) that things that aren't specifically prohibited, are allowed.
Or, to quote Cleo McDowell, "This [is] America, Jack!" /Coming to America
@xtc46:
Oddly enough "being an ass" is not a crime.
For that you should be very, very thankful because you certainly met the quota with that post.
@xtc46:
Huh? Going 10 miles (hell, even ONE) mile over the limit is breaking the law. Taking a picture in a public place like in this situation is NOT breaking the law. Your analogy fails.
What has happened in this country when trying to protect your rights is "acting like an ass"?
@sanjsrik:
That's exactly what I was thinking. How could they arrest him and throw him in a holding cell without any kind of charge? That sounds like a potential lawsuit against the police right there.
My guess is that the security guards were probably following their company's procedure. I know that's been mentioned above, but the salient point is - a lot of companies set policy, tell their people to enforce it, and then it's just like law. Except it isn't. The cops might have sympathized with the guards because of "the policy". They might have even thought that the policy makes sense, even though it really doesn't.
The Supreme Court enacts new law by way of "precedent", and Corporate America enacts new law by way of "policy." Until one of the three real branches of government stops the abuse, Corporate America will remain our fourth branch of government.
@Saisu Mimen: What has happened in this country when trying to protect your rights is "acting like an ass"?
Depends on how you go about it. The "Help! Help! I'm being repressed!" approach tends to invite scorn from some who would otherwise not care about your plight.
@menty666: Don't worry, he was fired long ago. Never showed up on time...and he always came in with donuts no joke...Coincidence? I think not.
@Ichiro51:
You could be right, but the title does specififcally say the rent-a-cops cuffed and hauled away the shopper. If that's true, that's assault (well, unless he willingly let the cuffs go on).
I simply could not help but wonder why he would feel the need to take a low quality and obscured photo of the interior of an ATM. I went on to read his explanation stating he enjoys seeing the inner workings of things, which is understandable. I can also understand why the officers may feel uncomfortable with someone taking their photo like that, even if they obviously blew things out of proportion. Furthermore, sarcasm and childish lessons on the constitution are not necessary, I simply asked a question.
@xtc46: "I also believe the OP left out several things in his time with the police as no cop is going to just grab a guy, in a public place, cuff him and throw them in the back of a car without putting them under arresst and reading them their rights."
Wake up, it happens all the time. Personally I've been detained without cause and did not have my rights read to me.
"This is one of those times where I believe the police and security guards were within their rights, but would have let the op slide if he wasnt being an ass, but becasue he was being an ass they found a reason to give him trouble."
Yea cause blaming the victim is really popular here.
Fact is the security guard is on the job which requires him to be professional. It doesn't matter if someone not even his customer is being a jackass to him. He must still maintain his professionality.
I believe it's legal to detain somebody for a set period of time without charging them.
Being drunk isn't a crime, but if you're laying semi-conscious on the sidewalk and trying to bite peoples ankles while singing a rude song about wheelbarrows the police may still take you to the station and chuck you in the drunk tank.
This is probably not what that clause was meant to be used for, however.





















Shane has quite the quick wit! I like it!