Couple law related questions?

[ViveEnElMomento]

I read over the section on law enforcement on the site and have a couple questions. I'm not trying to be a worry wart or 'see what I can get away with', I simply want to be informed and so I can make informed decisions as well as being able to help inform my fellow Burners that I will be going with. I love to travel and value my freedom/clean record and want to keep it that way. So here are a couple questions I have;

1. Can you be charged on the playa with DUI for riding a bike after having a few drinks? (within reason, obviously you wouldn't want to attempt riding a bike absolutely mangled for your safety or others). Might sound like a silly question, but I know the local police here in Toronto issue moving violations which count towards your drivers record for people on bikes that run stop signs or red lights, ride there bikes drunk, etc.

2. What are Nevada's laws about filming law enforcement? I know in some states this is illegal and some it isn't? I'm not really concerned or interested in trying to film police, but hypothetically if I was in a situation where I saw something that didn't seem kosher, or if i was being questioned and wanted to record the interaction for my own protection, etc.

3. Nudity on the playa.. Can you be charged with indecent exposure? Sex on the playa.. can you be charged with indecent exposure?

4. I've heard stories (none first hand) of person A offering person B an illegal substance on the playa. Person B accepts and person A ends up being a Police officer. Isn't this entrapment? Has anyone heard first hand of this happening? Is this more likely a rumour?

5. Last question; I am camping with 3 others. 3 of our 4 are 21+, one is 19. If we have a communal cooler at our site. Who is responsible if the 19 year old takes an alcoholic beverage from the communal cooler "without our knowledge"? In the event of an encounter with law enforcement, is she responsible/accountable for underage drinking or are one or all three of those over the age of consent liable?

Thanks in advance for your tips and feedback that will contribute to making informed and calculated decisions. I know the easy answer to all these questions is to play it safe and colour inside the lines, but sometimes the lines can feel a bit constricting.

[capjbadger]

1. I seem to recall they can, but that it doesn't happen. i suspect they have more fun just watching them eat shit over and over while trying to ride drunk.
3. Nudity is fine. Public sex can get you fined. I have not yet heard of that being enforced however.
4. Yes, stings happen. But they go more along the lines of the cop asking if anyone has any (drug x) to share...
5. You are in violation if you serve them alcohol. If they just go and take it, they are breaking the law.

-Badger

[Savannah]

Capjbadger gave good advice. Additional thoughts:

* Undercover officers are often attractive young things who will rub up against you and ask where they can score some [whatever]. The best thing to do is object loudly and hilariously like an outraged nun so your neighbors can enjoy the show. (This is funny even if they're not cops.) I honestly don't know if they offer to share and then gnab you for it. Sorry about that . . .

* Encourage your 19-year-old camp member not to patronize playa bars. I imagine you wouldn't open them up to prosecution and fines, but this is a possibility for them if they're foolish enough not to card him/her.

* I've never heard of someone being popped for Biking While Intoxicated, but if someone was a menace to a crowd in front of an observant law enforcement officer, I could see it happening. However, it's pretty unlikely. Half the city is on a bike at one time or another, and half again of that portion have had a drink or two; drunken art car drivers are far more of a menace. So light yourself and your bike really well, watch out for unlit darkwads, and don't speed in crowds even when sober. Some drunken, unlit sot will step right in front of you.

Here's the latest info from the 2011 Survival Guide on Law Enforcement:
http://www.burningman.com/preparation/e ... ement.html

[Eric]

3. Nudity is fine. Public sex can get you fined. I have not yet heard of that being enforced however.In 200(5?) some gay men were arrested for oral sex in a chill dome behind an Esplanade camp. They spent the night in Lovelock & were fined. I can dig around & find specifics from Piss Clear when we did a story on it. No sex in public areas, especially if you're gay.

-Badger

[ViveEnElMomento]

Thanks for the quality feedback.

[capjbadger]

Police have no expectation of privacy, and it’s perfectly legal to film officers as long as it does not interfere in their investigation, he said.

http://ourtaxdollarsatwork.wordpress.co ... -driveway/

[Pecho]

Maybe I can help answer some of your questions.

1. Can you be charged on the playa with DUI for riding a bike after having a few drinks? (within reason, obviously you wouldn't want to attempt riding a bike absolutely mangled for your safety or others). Might sound like a silly question, but I know the local police here in Toronto issue moving violations which count towards your drivers record for people on bikes that run stop signs or red lights, ride there bikes drunk, etc.

I think the answer is yes you can, but probably would not be an issue unless there was an accident or injury or the riding was really bad. To be guilty of DUI I believe the prohibited conduct is "to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access." The definition of vehicle is
'For purposes of NRS chapter 484, vehicle is defined as ". . . every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails."' Bikes fall within this definition, but a rider at BM might successfully argue that BM is a closed event riding is not on "highways" or "on a premises to which the public has access."

2. What are Nevada's laws about filming law enforcement? I know in some states this is illegal and some it isn't? I'm not really concerned or interested in trying to film police, but hypothetically if I was in a situation where I saw something that didn't seem kosher, or if i was being questioned and wanted to record the interaction for my own protection, etc.

You can film police all you want. If your filming is interfering with an investigation or other legitimate police activity, they could cite you for obstruction of justice or something similar. I'm confident you would be warned first and not just cited for simply filming. I wouldn't worry about it though and think it's a good idea for people to document police activity to prevent abuses.

3. Nudity on the playa.. Can you be charged with indecent exposure? Sex on the playa.. can you be charged with indecent exposure?

Although the Playa is not exempt from Nevada law, the nature of the event and location involve unique officer discretion in strictly enforcing all laws. My experience is that nudity is not punished unless it involves public sex that a particular officer finds offensive.

4. I've heard stories (none first hand) of person A offering person B an illegal substance on the playa. Person B accepts and person A ends up being a Police officer. Isn't this entrapment? Has anyone heard first hand of this happening? Is this more likely a rumour?

It's ok for undercover officers to use a wide variety of tactics to investigate criminal activity, inluding your scenario above, but it is entrapment if (1) a government agent induced the defendant to commit a crime, and (2) he was not predisposed to commit. United States v. Thomas, 134 F.3d 975, 978 (9th Cir. 1998). “Where the Government has induced an individual to break the law and the defense of entrapment is at issue, … the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by Government agents.” Id. citing Jacobson v. United States, 503 U.S. 540, 548-49, 112 S.Ct. 1535, 1540 (1992) (reversing the defendant’s conviction because the government failed to establish that defendant was independently predisposed to commit the crime for which he was arrested). The Ninth Circuit has held that a defendant can argue both that he did not commit the unlawful acts charged against him and that, if he did, he was entrapped. See United States v. Demma, 523 F.2d 981 (1975) (en banc). Under federal law, the defendant has an initial burden to prove government inducement, but the government has the ultimate burden to prove beyond a reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by government agents. United States v. Charles, 2009 WL 2871606 (C.A. 9th 2009), citing Jacobson v. United States, 503 U.S. 540, 549, 112 S.Ct. 1535 (1992), and United States v. Ross, 372 F.3d 1097, 1108 (9th Cir. 2004). Defendant must point to undisputed evidence making it patently clear that an otherwise innocent person was induced to commit the illegal act by trickery, persuasion, or fraud of a government agent. United States v. Mendoza-Prado, 314 F.3d 1099, 1102 (9th Cir. 2002). That's the general law on entrapment. It would interesting to see how the defense played out in a BM scenario like you mentioned. Some would argue (incorrectly of course) that anyone attending BM is disposed to commit acts involving controlled substances.

5. Last question; I am camping with 3 others. 3 of our 4 are 21+, one is 19. If we have a communal cooler at our site. Who is responsible if the 19 year old takes an alcoholic beverage from the communal cooler "without our knowledge"? In the event of an encounter with law enforcement, is she responsible/accountable for underage drinking or are one or all three of those over the age of consent liable?
 
The answer is whether you "knowingly" give, furnish, or deposit the alcohol in your camp cooler with the intent that the 19 year old will have it. If you leave beer in your camp cooler where minors are, but instruct them not to drink it and don't just "look the other way", then you don't have the required intent. I would tell the minors no booze in front of a witness or two just to be safe. The Nevada law is the following:
    
            NRS 202.055  Sale or furnishing of alcoholic beverage to minor; aiding minor to purchase or procure alcoholic beverage; policy to prevent minor from obtaining alcoholic beverage through use of Internet.
      1.  Every person who knowingly:
      (a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;
      (b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or
      (c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,
Ê is guilty of a misdemeanor.
      2.  Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.
 
Hope this helps.

[ViveEnElMomento]

Wow that was thorough. thanks.

[junglesmacks]

Wow that was thorough. thanks.

Right? Amazing how you never know who you'll run into in here or out there..

[ConnieH]

Be selfish, keep your drugs to yourself and do them in PRIVATE. Don't talk about drugs with anyone you don't know well. Don't take your drugs out of your personal camp. Follow these rules and you'll be fine

Pecho, are you an attorney? I have an off-topic general legal question regarding a DUI - message me if you are interested in hearing it...

[theCryptofishist]

3. Nudity is fine. Public sex can get you fined. I have not yet heard of that being enforced however.In 200(5?) some gay men were arrested for oral sex in a chill dome behind an Esplanade camp. They spent the night in Lovelock & were fined. I can dig around & find specifics from Piss Clear when we did a story on it. No sex in public areas, especially if you're gay.

-Badger

Indeed. *stupid double standard*

[Pecho]

Yeah im an attorney. Happy to try and answer legal questions for fellow burners as part of my service effort

[trilobyte]

You rock, Pecho!

[junglesmacks]

Yeah im an attorney. Happy to try and answer legal questions for fellow burners as part of my service effort

*I like this post.. a lot*

Thumbs up, my friend. Hope to see you in the dust.

[ConnieH]

Pecho, I hope you will come by our bar (Farmopolis - the Cornhole Bar) at 5:15 and D so I can pour you a drink and thank you personally. Whether you can answer my question or not, it's so nice of you to offer to help You do indeed rock!

[illy dilly]

The answer is whether you "knowingly" give, furnish, or deposit the alcohol in your camp cooler with the intent that the 19 year old will have it. If you leave beer in your camp cooler where minors are, but instruct them not to drink it and don't just "look the other way", then you don't have the required intent. I would tell the minors no booze in front of a witness or two just to be safe. The Nevada law is the following:
    
            NRS 202.055  Sale or furnishing of alcoholic beverage to minor; aiding minor to purchase or procure alcoholic beverage; policy to prevent minor from obtaining alcoholic beverage through use of Internet.
      1.  Every person who knowingly:
      (a) Sells, gives or otherwise furnishes an alcoholic beverage to any person under 21 years of age;
      (b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age; or
      (c) Furnishes, gives, or causes to be given any money or thing of value to any person under 21 years of age with the knowledge that the money or thing of value is to be used by the person under 21 years of age to purchase or procure any alcoholic beverage,
Ê is guilty of a misdemeanor.
      2.  Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under 21 years of age.
 
Hope this helps.

Damn! This is a good ass post!

My thought on the underage person nabbing beers from you cooler is that by them choosing to drink they put them selves at risk for an MIP.
But to keep ya'll from getting in trouble, put up a sign that says "No Alcohol if you're under 21"
Then any officer trying to say

(b) Leaves or deposits any alcoholic beverage in any place with the intent that it will be procured by any person under 21 years of age

You can argue, that No I just wanted my beer cold, and I even put up a sign so that people under 21 wouldn't take my beer.

[portaplaya]

Regarding filming police:

Burning Man still has the expectation that you will ask before filming anyone present; but there are many situations where that is not possible (such as crowds or interrupting police investigations). The back of the ticket stub says you will likely be photographed without your permission. This is true for law enforcement too.

[Rabbette]

Thanks Pecho

I really found the entrapment bit quite informative. You rock with the way you explain the technicalities of law information.

[Eric]

Just adding more thanks for Pecho.

Any way to add a sticky to his post?

[Savannah]

I found the entrapment portion informative in particular because . . . while I'm pleased that prosecution has the burden of proving the illegal activity was something the defendant was predisposed to committing, I can also see how:

1) at best, a person can be arrested, cited or fined & end up defending themselves in court before being cleared, and
2) how a disagreement over entrapment could come down to an Officer's credibility vs. a Burner's credibility, making being cleared less likely, &
3) therefore, I can warn others that temptations may not be worth it, since entrapment has grey areas.

[portaplaya]

I have a couple of questions and/or comments to this excellent legal post.

Maybe I can help answer some of your questions.

1. Can you be charged on the playa with DUI for riding a bike after having a few drinks?

I think the answer is yes you can, but probably would not be an issue unless there was an accident or injury or the riding was really bad. To be guilty of DUI I believe the prohibited conduct is "to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access." Bikes fall within this definition, but a rider at BM might successfully argue that BM is a closed event riding is not on "highways" or "on a premises to which the public has access."

County Sheriffs and BLM Rangers have ticketed or arrested operators of mutant vehicles with DUI. So that would suggest that that we are on a "premises to which the public has access". However, would finding probably cause for a bike rider be problematic? Sometimes people just hit a soft-patch and fall over. Also, is driving with an open container in the front of the vehicle a separate offense, or is that the probably cause that they use to get the mutant vehicle driver?

2. What are Nevada's laws about filming law enforcement? I know in some states this is illegal and some it isn't?

You can film police all you want. If your filming is interfering with an investigation or other legitimate police activity, they could cite you for obstruction of justice or something similar. I'm confident you would be warned first and not just cited for simply filming. I wouldn't worry about it though and think it's a good idea for people to document police activity to prevent abuses.

As a photographer, I can say with certainly that you can legally film just about anything at Burning Man (even without permission!). Some creepy behavior might trigger the presumed privacy right (inside of a stranger's tent, for example). Obviously blatantly violating the "ask first" rule at the event, however, will eventually get you in trouble with the BRC Rangers and a possible eviction for failing to meet the ten principles. I don't know what would constitute "interfering". Would it be safe to assume that if you are out of range of casual conversation you are staying out of the way?

3. Nudity on the playa.. Can you be charged with indecent exposure? Sex on the playa.. can you be charged with indecent exposure?

Although the Playa is not exempt from Nevada law, the nature of the event and location involve unique officer discretion in strictly enforcing all laws. My experience is that nudity is not punished unless it involves public sex that a particular officer finds offensive.

I would add that publicly urinating on the playa might get you an indecency citation. Defecating definitely will. Is this because this is the only citation they can issue in these circumstances?

4. I've heard stories (none first hand) of person A offering person B an illegal substance on the playa. Person B accepts and person A ends up being a Police officer. Isn't this entrapment? Has anyone heard first hand of this happening? Is this more likely a rumour?

It's ok for undercover officers to use a wide variety of tactics to investigate criminal activity, inluding your scenario above, but it is entrapment if...

The bonehead move, of course, is to go around asking strangers for drugs. it's certainly not entrapment if "person B" asked first. I would add that I have never heard a single story (11 year burner) where an undercover agent made the first offer to someone.

5. Last question; I am camping with 3 others. 3 of our 4 are 21+, one is 19. If we have a communal cooler at our site. Who is responsible if the 19 year old takes an alcoholic beverage from the communal cooler "without our knowledge"? In the event of an encounter with law enforcement, is she responsible/accountable for underage drinking or are one or all three of those over the age of consent liable?
 
If you leave beer in your camp cooler where minors are, but instruct them not to drink it and don't just "look the other way", then you don't have the required intent. I would tell the minors no booze in front of a witness or two just to be safe.
 
Hope this helps.

You are a smart guy.

[Savannah]

The site says:

Abide by all applicable federal and Nevada state laws, including all open container laws (no open containers within reach of the driver)

http://www.burningman.com/on_the_playa/ ... iving.html

Then I went from here:
http://www.dmvnv.com/dltrafficlaws.htm#Open
To here:
http://www.leg.state.nv.us/NRS/NRS-484. ... S484Sec448
To here:
http://www.leg.state.nv.us/NRS/NRS-484B ... 484BSec150

NRS 484B.150 Drinking alcoholic beverage while driving motor vehicle unlawful; open container of alcoholic beverage; additional penalty for violation committed in work zone.

1. It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.

3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130.

4. As used in this section:

(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(b) “Open container” means a container which has been opened or the seal of which has been broken.

(c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

It's a little hazy as to how far away one has to be from the driver, as obviously passengers drink on art cars all the time.

If I were a vehicle driver I'd design my compartment as physically separate as possible from the passengers so there would be no confusion. I don't think most LEOs want to flirt with penalizing anyone who is innocent; it steals time from the guilty menaces that ARE there.

[Pecho]

Pecho, I hope you will come by our bar (Farmopolis - the Cornhole Bar) at 5:15 and D so I can pour you a drink and thank you personally. Whether you can answer my question or not, it's so nice of you to offer to help You do indeed rock!

sending you an answer PM, and I would love to come by and hang out We usually camp around 9:30 and F or G and call ourselves "PAWS Camp" - my two brothers and I are enrolled Pawnee tribal members and someone came up with that name a few years back. We are planning to have waffle breakfasts with lots to share if you want to come by as well and share--coffee too This will be my wife's first burn and we are SOOOOOO stoked to be "home"

[SnowBlind]

It's a little hazy as to how far away one has to be from the driver, as obviously passengers drink on art cars all the time.

If I were a vehicle driver I'd design my compartment as physically separate as possible from the passengers so there would be no confusion. I don't think most LEOs want to flirt with penalizing anyone who is innocent; it steals time from the guilty menaces that ARE there.

I think in the past the LEOs have basically considered all Art Cars to be equivalent to Limos or Taxis (second part of section 2 in your post). That means in buses or other large cars, you can actually put up some divider. In smaller cars the rule of thumb seemed to be it has to be 'out of reach' of the driver. (Even that might be hard to do on really small cars).

Of course if they bust you anyway, the court might not consider your Art Car a limo.

[Pecho]

You are a smart guy. [/quote]

All good comments I agree with. Thanks for filling in some gaps there.

[capjbadger]

It's a little hazy as to how far away one has to be from the driver, as obviously passengers drink on art cars all the time.

If I were a vehicle driver I'd design my compartment as physically separate as possible from the passengers so there would be no confusion. I don't think most LEOs want to flirt with penalizing anyone who is innocent; it steals time from the guilty menaces that ARE there.

I think in the past the LEOs have basically considered all Art Cars to be equivalent to Limos or Taxis (second part of section 2 in your post). That means in buses or other large cars, you can actually put up some divider. In smaller cars the rule of thumb seemed to be it has to be 'out of reach' of the driver. (Even that might be hard to do on really small cars).

Of course if they bust you anyway, the court might not consider your Art Car a limo.

Correct. The passengers CAN drink as long as the booze is not accessable by the driver. My MV for example, the passengers on the deck would not be able to have open containers since there is no real barrier between me and them. Now if they were below decks, they could be doing keg stands for all the LEO's care.

-Badger

[Raymaker]

just get pissed when your camp is up.

[emayess]

Somewhat related question - how do LEOs view NO2 (nitrous oxide/laughing gas)? It is legal here but I cant find any info for NV/BRC.

[Pecho]

Somewhat related question - how do LEOs view NO2 (nitrous oxide/laughing gas)? It is legal here but I cant find any info for NV/BRC.

It is illegal if used to get high and not used for a medical purpose under the supervision of a physcian. Here is the text of the applicable Nevada statute:

N.R.S. 454.346. Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception

1. Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise use any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb his or her eyesight, thinking processes, balance or coordination or to affect his or her central nervous system is guilty of a misdemeanor.

2. The provisions of this section do not apply to a person who uses or intends to use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when the drug, chemical, poison or organic solvent is used or intended for use in keeping with the directions for use as given by the physician.

[Eric]

Somewhat related question - how do LEOs view NO2 (nitrous oxide/laughing gas)? It is legal here but I cant find any info for NV/BRC.

I know of a Brit last year who got hit with a $1000 fine for doing nitrous on the playa. Did not make him a happy visitor.