Can Law Enforcement spy on people camping?
- wedeliver
- Posts: 1871
- Joined: Thu Sep 16, 2004 11:10 am
- Burning Since: 1998
- Location: Tionesta, CA
- Contact:
Can Law Enforcement spy on people camping?
Todays Rabbit speaks came out, "The Law Enforcement Edition" and it got me wondering if there are rules about what kind of gear the LEO's can use when providing us with police services.
Can they use listening devices without probably cause. Devices that would allow the user to hear a conversation that normally would have been private?
Can they use night vision, infrared, etc and look at living spaces and camping areas without probable cause and perhaps watch people engaging in legal activity such as fucking.
[quote]
Burning Man Update: The Jack Rabbit Speaks
Volume 13, Issue #32: LAW ENFORCEMENT
August 14, 2009
{============================================================}
====================TABLE OF CONTENTS=======================
{============================================================}
INTRODUCTION
LATEST NEWS:
+ WHAT PUBLIC AGENCIES PATROL THE EVENT?
+ HOW DO THE BLACK ROCK RANGERS DIFFER FROM LAW ENFORCEMENT? WHAT IS
THE LEAL TEAM?
+ PLEASE RESPECT LAW ENFORCEMENT - ESPECIALLY IF YOU IF YOU'RE STOPPED
FOR QUESTIONING
+ SPECIFIC LAWS TO BE AWARE OF IN 2009
+ GIVE US YOUR REAL-TIME FEEDBACK WITH A "LAW ENFORCEMENT FEEDBACK FORM"
+ ACLU AT PLAYA INFO
+ LAWYERS FOR BURNERS
+ KNOW YOUR RIGHTS
+ FOR MORE INFORMATION, PLEASE SEE ...
CONNECT WITH BURNING MAN:
+ Burning Man on your favorite social networks
ADMINISTERRATA:
+ Want to unsubscribe from the JRS? Srsly? OK, here's how: http://tinyurl.com/2rwqzx
{============================================================}
====================INTRODUCTION========================
{============================================================}
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
While Burning Man is a remote and freewheeling place, it's also a
functioning metropolis. And just like any other city, numerous law
enforcement agencies patrol Black Rock City day and night. Not to bum
you out or anything, but ... for reals ... all Federal, State and
Local laws still exist at Burning Man, and any illegal action
witnessed by law enforcement can lead to a citation or your arrest.
And that? Would suck. Your best protection is to obey the law.
In order to give you the best understanding of how law enforcement
works at Burning Man, how to interact with a law enforcement officer,
and how to protect your Constituional rights, professionals in the
extended Burning Man community have generously provided the following
information.
It's well worth a thorough read through ... believe the Rabbit.
-Will
(Associate Rabbit)
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
{============================================================}
===============LAW ENFORCEMENT AT BURNING MAN=================
{============================================================}
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
WHAT PUBLIC AGENCIES PATROL THE EVENT?
Officers from the Bureau of Land Management (BLM) patrol throughout
Black Rock City and the surrounding Black Rock Desert. BLM Rangers
typically wear tan pants and short-sleeved shirts with the Department
of the Interior/BLM logo on their sleeves. Investigative BLM agents
work undercover and dress like any other Burning Man participant ...
even in costume (People who ask for gifts of drugs or ask to trade
drugs are acting outside of our 10 Principles and should not be
trusted ... and remember, medical marijuana is NOT legal in Nevada.).
BLM Rangers and Agents are primarily concerned with violations of
federal laws.
The Pershing County Sheriff's Office also patrols Black Rock City, and
is supported by officers from other counties. They usually wear gray/
light blue short-sleeved polo shirts. Their primary task is enforcing
state and local laws within Black Rock City. The Washoe County
Sheriff's Office primarily patrols the nearby town of Gerlach. They
wear green uniforms, and they are concerned mainly with keeping the
traffic moving and ensuring that Burning Man participants respect
local citizens' privacy and property.
Some years (and 2009 happens to be one of them), the Nevada Department
of Investigations (NDI) patrols Black Rock City, looking for drug
trafficking. Remember, in the State of Nevada even gifting someone a
small quantity of a controlled substance can rise to the level of drug
trafficking. Obey the law and avoid being arrested for drug
trafficking.
The Nevada State Health Division's goal is to protect the health of
our citizens and prevent food-borne epidemics, or other health hazards.
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
HOW DO THE BLACK ROCK RANGERS DIFFER FROM LAW ENFORCEMENT? WHAT IS
THE LEAL TEAM?
The Black Rock Rangers are Burning Man participants who volunteer time
and effort as non-confrontational community mediators. Responding to
the continuously evolving nature of the event, Rangers address
situations within the community that would otherwise require outside
intervention. By encouraging and facilitating communication, the
Rangers promote awareness of potential hazards, from sunstroke to tent
fires.
LEAL is an acronym for Law Enforcement Agency Liaison. The LEAL Team
is comprised of volunteer Black Rock Rangers who are specifically
trained to interact with law enforcement on the playa. They don't
directly deal with violations of the law, but they are available to
help bridge the gap between our ethos and culture, and the duties and
responsibilities of law enforcement officers working on the playa. One
or more representatives of this team will be on duty around the clock
during the event. They often wear some item of zebra print clothing,
along with their Ranger shirts, to help identify them. You can
contact a LEAL team member by asking at Ranger Headquarters in Center
Camp, or asking any Black Rock Ranger you see to radio for their
assistance.
It is important to remember that Black Rock Rangers (including LEAL
team members) are not law enforcement personnel. They are members of
the Burning Man community, just like you. You can identify them by
their khaki-colored attire, featuring the familiar Burning Man logo in
brown on their backs and chests. You should feel free to request their
assistance at any time.
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
PLEASE RESPECT LAW ENFORCEMENT - ESPECIALLY IF YOU IF YOU'RE STOPPED
FOR QUESTIONING
It is important to remember that without law enforcement in Black Rock
City there would be no Burning Man event. BLM would not permit the
event on federal lands. Also, the State of Nevada would not allow
such a large assembly without enforcement of state laws. Furthermore,
the Burning Man Project would not even consider holding such a large-
scale event without law enforcement's expertise and assistance.
So, what can you as a participant do to prepare in case you have an
encounter with law enforcement at Burning Man?
First, you are well served by fully understanding law enforcement's
concerns, rationales, and potential behaviors on playa and the
situations this can produce (as well as the legal consequences it can
engender). This information is found in a concise and readable form in
the Law Enforcement section of the Survival Guide. (The Survival
Guide has been mailed out to all ticket holders, and is available on
Burningman.com at:
http://tinyurl.com/7wrzo
Second, you should look within yourself, and choose the behaviors you
will engage in on playa before you arrive on playa and become
potentially swept away by the events of the moment. Third, you need to
look beyond yourself and include your campmates and playa traveling
companions in your mix. Do not let their choices and their behavior
put you in legal jeopardy.
Fourth, familiarize yourself with this year's areas of concern for law
enforcement (see the next section).
Finally, you could help the Burning Man Project make this work better
every year by completing a Law Enforcement Feedback Form on playa this
year (see below).
Many Burners find it useful to look at the law enforcement officers
who work the Burning Man event as participants with differing agendas,
differing levels of playa experience and differing levels of Burner
"sophistication". For many years in the past many (if not most) law
enforcement officers were "playa experienced" and worked the event
year after year. Many of them, like many Burners, were Burning Man
volunteers (of a sort) and worked the event by choice. They looked
forward to returning to the playa year after year and many of them
grew to appreciate and understand the culture of Burning Man. However,
as our event has grown over the years, more and more law enforcement
officers have had to be brought in on pace with our population growth.
For example, we have simply outgrown the limited resources of the
Pershing County Sheriff's Office based in Lovelock, and they now have
to bring in officers from other Nevada jurisdictions to supplement
their own numbers. Similar policies affect BLM's staffing.
Any Burning Man newbie has a pretty steep learning curve upon arriving
on the playa, living in Black Rock City and experiencing Burning Man.
Lots of folks cannot readily absorb the kaleidoscope of sights,
sounds, and human interaction that spring from the Burning Man
experience, and it takes them a while to adjust and to adapt. This
challenge is heightened by the fact that Black Rock City only exists
for a week. This process is made more difficult for Burning Man law
enforcement officers because they arrive on playa with a pre-defined
set of criteria (the laws they are sworn to enforce); they are not at
liberty to discard or even selectively enforce these laws.
Unfortunately, some officers also arrive with pre-conceived ideas
about Burning Man, which may or may not align with reality. The result
is a predictable (perhaps even inevitable) clash between the values
and behaviors that are the tapestry of the Burning Man culture, and
many of law enforcement's perceptions about their role as the
designated law enforcement force on playa.
As you can tell from observing law enforcement's behavior on playa,
and as you can conclude from the changing/evolving content of each
year's Survival Guide, the priorities and agenda(s) of law enforcement
can often shift from year to year. This is a function of many factors,
including changes in law enforcement personnel, changes in Black Rock
City citizen behaviors, changes in Burner population and demographics,
changes in pressure and priorities from entities and sources outside
of Burning Man and law enforcement.
The Burning Man Project would like to thank all law enforcement
agencies at Black Rock for their 15 years of ongoing cooperative
effort. The law enforcement presence at Burning Man is for public
safety. They provide numerous instances of invaluable services for
the good of the community, as public servants. We all have jobs to
do, whether patrolling the streets of Black Rock or passing out rubber
chickens, why don't we try to get along? Let's respect one another on
the playa and practice a little of that radical inclusion we keep
talking about.
J. Duane Hoover
Law Enforcement & Agency Liaison (LEAL) Team Manager
Black Rock Rangers
The Burning Man Project
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
SPECIFIC LAWS TO BE AWARE OF IN 2009
It is important to remember that all Federal, State and Local laws
still exist at Burning Man. THE USE AND TRAFFICKING OF ILLEGAL
SUBSTANCES IS PROHIBITED. Also, MEDICAL MARIJUANA IS NOT LEGAL IN
NEVADA.
There is usually an emphasis on patrolling Gate Road and at Greeter
stations early in the event, as heavy traffic can create unsafe
conditions. Even though Gate Road is part of Black Rock City, this is
not where mutant vehicles should be operated—unless your mutant
vehicle is street legal and your mode of transportation into the
event. Stick to the rules of the road while entering Black Rock City
— headlights on at night, no passengers on the roof or hanging off the
side. Wait until you receive your official sticker from DMV before
allowing your vehicle to fully mutate into the bar car, public taxi or
art that it is meant to be. Headlights and taillights on art cars will
also be monitored while on playa.
Remember that once you arrive at your campsite, driving is prohibited
except for DMV licensed mutant vehicles. NO SPEEDING anywhere in
Black Rock City, including Gate Road! Please be forewarned that this
can be used as a rationale to pull over your vehicle.
NO OPEN ALCOHOLIC CONTAINERS in the driver's area of moving vehicles.
An open container does not have to be in the driver's possession.
Sitting in the center console and being consumed by the passenger is
enough to be a violation. The vehicle does not have to be in motion.
The bottom line — no driving with an open container in the driver's
compartment at any time, particularly on Gate Road and Greeters
stations.
For more information see:
BLM's 2009 Burning Man Temporary Closure Order
http://www.blm.gov/nv/st/en/fo/wfo.html
Burning Man 2009 Survival Guide
http://tinyurl.com/7wrzo
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
GIVE US YOUR REAL-TIME FEEDBACK WITH A "LAW ENFORCEMENT FEEDBACK FORM"
If you experience or witness an encounter with law enforcement on the
playa this year, whether it's positive or negative, the Burning Man
Project wants to know about it. There will be Law Enforcement
Feedback Forms handed out at the Greeter’s Station, and also available
at Ranger Headquarters in Center Camp, and at the Ranger Outposts in
the 3:00 and 9:00 o'clock plazas. The quicker you can provide us with
your feedback, the more effective we can be at following up on
situations that occur.
Please try to provide accurate information about the date, time, and
location of any incidents, as much detail as you can provide about the
officer(s) involved and a clear account of what you saw and heard. We
need badge numbers, law enforcement vehicle license plate numbers, an
accurate description of the officer's agency affiliation, their
uniform description and their vehicle description. The facts of the
interaction need to be presented as clearly as possible in order for
the report to be of maximum utility. Names and contact information for
any additional witnesses are also helpful.
These reports are gathered by the Black Rock Rangers LEAL Team (see
above) and are presented and discussed at the daily afternoon meeting
with law enforcement. A 2:00 PM deadline insures inclusion of the
report in that day's meeting. The object is to inform law enforcement
of their observed behaviors and to hopefully shape those behaviors on
playa. Important note: Burning Man recognizes that negative feedback
can arise as a natural consequence of unfolding events. However,
positive Law Enforcement Feedback Form reports are also important. Law
enforcement often performs valuable community services at Burning Man,
and these acts also need to be recognized so that they can be
reinforced and encouraged. If you'd like to make a report in person,
ask to speak to a member of the LEAL team.
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
ACLU AT PLAYA INFO
The Nevada Chapter of the ACLU will be at Playa Info to answer any
questions you may have about interacting with law enforcement in Black
Rock City. If you want to know what to do if you happen to be stopped
for questioning by law, enforcement then come on by. Received a
citation? Come on by.
Hours:
Tuesday through Thursday: 6:00 PM to 11:00 PM
Friday through Monday: 12:00 Noon to 9:00 PM
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
LAWYERS FOR BURNERS
Lawyers For Burners is a volunteer organization that helps
participants find lawyers after they have been cited or arrested at
the event, or otherwise have issues with treatment by law enforcement
personnel. For more information, visit:
http://www.lawyersforburners.com
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
KNOW YOUR LEGAL RIGHTS
When Can the Police Stop and Search Me?*
The Supreme Court has ruled that law enforcement may briefly stop you
to ask for your identity without probable cause of a crime; if this
occurs, you should be truthful, as lying to an officer may be a crime.
However, an officer may not require you to answer additional
questions, detain, or search you without either 1) consent or 2)
probable cause.
An officer may ask your consent to search you or your belongings, but
in order to be valid consent, a reasonable person must understand that
he or she could refuse to cooperate. This means that intimidating
tactics, such as blocking a door or surrounding a person with numerous
officers, are likely coercive situations where consent is not truly
voluntary. Your refusal to give consent does not constitute probable
cause for search.
Without consent, the Fourth Amendment states that warrantless searches
and arrests can only be performed when there is probable cause that a
crime has occurred. An officer must be able to point to specific facts
indicating criminal activity that give rise to probable cause; mere
suspicion or a “hunchâ€
Can they use listening devices without probably cause. Devices that would allow the user to hear a conversation that normally would have been private?
Can they use night vision, infrared, etc and look at living spaces and camping areas without probable cause and perhaps watch people engaging in legal activity such as fucking.
[quote]
Burning Man Update: The Jack Rabbit Speaks
Volume 13, Issue #32: LAW ENFORCEMENT
August 14, 2009
{============================================================}
====================TABLE OF CONTENTS=======================
{============================================================}
INTRODUCTION
LATEST NEWS:
+ WHAT PUBLIC AGENCIES PATROL THE EVENT?
+ HOW DO THE BLACK ROCK RANGERS DIFFER FROM LAW ENFORCEMENT? WHAT IS
THE LEAL TEAM?
+ PLEASE RESPECT LAW ENFORCEMENT - ESPECIALLY IF YOU IF YOU'RE STOPPED
FOR QUESTIONING
+ SPECIFIC LAWS TO BE AWARE OF IN 2009
+ GIVE US YOUR REAL-TIME FEEDBACK WITH A "LAW ENFORCEMENT FEEDBACK FORM"
+ ACLU AT PLAYA INFO
+ LAWYERS FOR BURNERS
+ KNOW YOUR RIGHTS
+ FOR MORE INFORMATION, PLEASE SEE ...
CONNECT WITH BURNING MAN:
+ Burning Man on your favorite social networks
ADMINISTERRATA:
+ Want to unsubscribe from the JRS? Srsly? OK, here's how: http://tinyurl.com/2rwqzx
{============================================================}
====================INTRODUCTION========================
{============================================================}
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
While Burning Man is a remote and freewheeling place, it's also a
functioning metropolis. And just like any other city, numerous law
enforcement agencies patrol Black Rock City day and night. Not to bum
you out or anything, but ... for reals ... all Federal, State and
Local laws still exist at Burning Man, and any illegal action
witnessed by law enforcement can lead to a citation or your arrest.
And that? Would suck. Your best protection is to obey the law.
In order to give you the best understanding of how law enforcement
works at Burning Man, how to interact with a law enforcement officer,
and how to protect your Constituional rights, professionals in the
extended Burning Man community have generously provided the following
information.
It's well worth a thorough read through ... believe the Rabbit.
-Will
(Associate Rabbit)
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**
{============================================================}
===============LAW ENFORCEMENT AT BURNING MAN=================
{============================================================}
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
WHAT PUBLIC AGENCIES PATROL THE EVENT?
Officers from the Bureau of Land Management (BLM) patrol throughout
Black Rock City and the surrounding Black Rock Desert. BLM Rangers
typically wear tan pants and short-sleeved shirts with the Department
of the Interior/BLM logo on their sleeves. Investigative BLM agents
work undercover and dress like any other Burning Man participant ...
even in costume (People who ask for gifts of drugs or ask to trade
drugs are acting outside of our 10 Principles and should not be
trusted ... and remember, medical marijuana is NOT legal in Nevada.).
BLM Rangers and Agents are primarily concerned with violations of
federal laws.
The Pershing County Sheriff's Office also patrols Black Rock City, and
is supported by officers from other counties. They usually wear gray/
light blue short-sleeved polo shirts. Their primary task is enforcing
state and local laws within Black Rock City. The Washoe County
Sheriff's Office primarily patrols the nearby town of Gerlach. They
wear green uniforms, and they are concerned mainly with keeping the
traffic moving and ensuring that Burning Man participants respect
local citizens' privacy and property.
Some years (and 2009 happens to be one of them), the Nevada Department
of Investigations (NDI) patrols Black Rock City, looking for drug
trafficking. Remember, in the State of Nevada even gifting someone a
small quantity of a controlled substance can rise to the level of drug
trafficking. Obey the law and avoid being arrested for drug
trafficking.
The Nevada State Health Division's goal is to protect the health of
our citizens and prevent food-borne epidemics, or other health hazards.
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
HOW DO THE BLACK ROCK RANGERS DIFFER FROM LAW ENFORCEMENT? WHAT IS
THE LEAL TEAM?
The Black Rock Rangers are Burning Man participants who volunteer time
and effort as non-confrontational community mediators. Responding to
the continuously evolving nature of the event, Rangers address
situations within the community that would otherwise require outside
intervention. By encouraging and facilitating communication, the
Rangers promote awareness of potential hazards, from sunstroke to tent
fires.
LEAL is an acronym for Law Enforcement Agency Liaison. The LEAL Team
is comprised of volunteer Black Rock Rangers who are specifically
trained to interact with law enforcement on the playa. They don't
directly deal with violations of the law, but they are available to
help bridge the gap between our ethos and culture, and the duties and
responsibilities of law enforcement officers working on the playa. One
or more representatives of this team will be on duty around the clock
during the event. They often wear some item of zebra print clothing,
along with their Ranger shirts, to help identify them. You can
contact a LEAL team member by asking at Ranger Headquarters in Center
Camp, or asking any Black Rock Ranger you see to radio for their
assistance.
It is important to remember that Black Rock Rangers (including LEAL
team members) are not law enforcement personnel. They are members of
the Burning Man community, just like you. You can identify them by
their khaki-colored attire, featuring the familiar Burning Man logo in
brown on their backs and chests. You should feel free to request their
assistance at any time.
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
PLEASE RESPECT LAW ENFORCEMENT - ESPECIALLY IF YOU IF YOU'RE STOPPED
FOR QUESTIONING
It is important to remember that without law enforcement in Black Rock
City there would be no Burning Man event. BLM would not permit the
event on federal lands. Also, the State of Nevada would not allow
such a large assembly without enforcement of state laws. Furthermore,
the Burning Man Project would not even consider holding such a large-
scale event without law enforcement's expertise and assistance.
So, what can you as a participant do to prepare in case you have an
encounter with law enforcement at Burning Man?
First, you are well served by fully understanding law enforcement's
concerns, rationales, and potential behaviors on playa and the
situations this can produce (as well as the legal consequences it can
engender). This information is found in a concise and readable form in
the Law Enforcement section of the Survival Guide. (The Survival
Guide has been mailed out to all ticket holders, and is available on
Burningman.com at:
http://tinyurl.com/7wrzo
Second, you should look within yourself, and choose the behaviors you
will engage in on playa before you arrive on playa and become
potentially swept away by the events of the moment. Third, you need to
look beyond yourself and include your campmates and playa traveling
companions in your mix. Do not let their choices and their behavior
put you in legal jeopardy.
Fourth, familiarize yourself with this year's areas of concern for law
enforcement (see the next section).
Finally, you could help the Burning Man Project make this work better
every year by completing a Law Enforcement Feedback Form on playa this
year (see below).
Many Burners find it useful to look at the law enforcement officers
who work the Burning Man event as participants with differing agendas,
differing levels of playa experience and differing levels of Burner
"sophistication". For many years in the past many (if not most) law
enforcement officers were "playa experienced" and worked the event
year after year. Many of them, like many Burners, were Burning Man
volunteers (of a sort) and worked the event by choice. They looked
forward to returning to the playa year after year and many of them
grew to appreciate and understand the culture of Burning Man. However,
as our event has grown over the years, more and more law enforcement
officers have had to be brought in on pace with our population growth.
For example, we have simply outgrown the limited resources of the
Pershing County Sheriff's Office based in Lovelock, and they now have
to bring in officers from other Nevada jurisdictions to supplement
their own numbers. Similar policies affect BLM's staffing.
Any Burning Man newbie has a pretty steep learning curve upon arriving
on the playa, living in Black Rock City and experiencing Burning Man.
Lots of folks cannot readily absorb the kaleidoscope of sights,
sounds, and human interaction that spring from the Burning Man
experience, and it takes them a while to adjust and to adapt. This
challenge is heightened by the fact that Black Rock City only exists
for a week. This process is made more difficult for Burning Man law
enforcement officers because they arrive on playa with a pre-defined
set of criteria (the laws they are sworn to enforce); they are not at
liberty to discard or even selectively enforce these laws.
Unfortunately, some officers also arrive with pre-conceived ideas
about Burning Man, which may or may not align with reality. The result
is a predictable (perhaps even inevitable) clash between the values
and behaviors that are the tapestry of the Burning Man culture, and
many of law enforcement's perceptions about their role as the
designated law enforcement force on playa.
As you can tell from observing law enforcement's behavior on playa,
and as you can conclude from the changing/evolving content of each
year's Survival Guide, the priorities and agenda(s) of law enforcement
can often shift from year to year. This is a function of many factors,
including changes in law enforcement personnel, changes in Black Rock
City citizen behaviors, changes in Burner population and demographics,
changes in pressure and priorities from entities and sources outside
of Burning Man and law enforcement.
The Burning Man Project would like to thank all law enforcement
agencies at Black Rock for their 15 years of ongoing cooperative
effort. The law enforcement presence at Burning Man is for public
safety. They provide numerous instances of invaluable services for
the good of the community, as public servants. We all have jobs to
do, whether patrolling the streets of Black Rock or passing out rubber
chickens, why don't we try to get along? Let's respect one another on
the playa and practice a little of that radical inclusion we keep
talking about.
J. Duane Hoover
Law Enforcement & Agency Liaison (LEAL) Team Manager
Black Rock Rangers
The Burning Man Project
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
SPECIFIC LAWS TO BE AWARE OF IN 2009
It is important to remember that all Federal, State and Local laws
still exist at Burning Man. THE USE AND TRAFFICKING OF ILLEGAL
SUBSTANCES IS PROHIBITED. Also, MEDICAL MARIJUANA IS NOT LEGAL IN
NEVADA.
There is usually an emphasis on patrolling Gate Road and at Greeter
stations early in the event, as heavy traffic can create unsafe
conditions. Even though Gate Road is part of Black Rock City, this is
not where mutant vehicles should be operated—unless your mutant
vehicle is street legal and your mode of transportation into the
event. Stick to the rules of the road while entering Black Rock City
— headlights on at night, no passengers on the roof or hanging off the
side. Wait until you receive your official sticker from DMV before
allowing your vehicle to fully mutate into the bar car, public taxi or
art that it is meant to be. Headlights and taillights on art cars will
also be monitored while on playa.
Remember that once you arrive at your campsite, driving is prohibited
except for DMV licensed mutant vehicles. NO SPEEDING anywhere in
Black Rock City, including Gate Road! Please be forewarned that this
can be used as a rationale to pull over your vehicle.
NO OPEN ALCOHOLIC CONTAINERS in the driver's area of moving vehicles.
An open container does not have to be in the driver's possession.
Sitting in the center console and being consumed by the passenger is
enough to be a violation. The vehicle does not have to be in motion.
The bottom line — no driving with an open container in the driver's
compartment at any time, particularly on Gate Road and Greeters
stations.
For more information see:
BLM's 2009 Burning Man Temporary Closure Order
http://www.blm.gov/nv/st/en/fo/wfo.html
Burning Man 2009 Survival Guide
http://tinyurl.com/7wrzo
**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/**\<>/***\<>/**\<>/**\<>/**\<>/**
GIVE US YOUR REAL-TIME FEEDBACK WITH A "LAW ENFORCEMENT FEEDBACK FORM"
If you experience or witness an encounter with law enforcement on the
playa this year, whether it's positive or negative, the Burning Man
Project wants to know about it. There will be Law Enforcement
Feedback Forms handed out at the Greeter’s Station, and also available
at Ranger Headquarters in Center Camp, and at the Ranger Outposts in
the 3:00 and 9:00 o'clock plazas. The quicker you can provide us with
your feedback, the more effective we can be at following up on
situations that occur.
Please try to provide accurate information about the date, time, and
location of any incidents, as much detail as you can provide about the
officer(s) involved and a clear account of what you saw and heard. We
need badge numbers, law enforcement vehicle license plate numbers, an
accurate description of the officer's agency affiliation, their
uniform description and their vehicle description. The facts of the
interaction need to be presented as clearly as possible in order for
the report to be of maximum utility. Names and contact information for
any additional witnesses are also helpful.
These reports are gathered by the Black Rock Rangers LEAL Team (see
above) and are presented and discussed at the daily afternoon meeting
with law enforcement. A 2:00 PM deadline insures inclusion of the
report in that day's meeting. The object is to inform law enforcement
of their observed behaviors and to hopefully shape those behaviors on
playa. Important note: Burning Man recognizes that negative feedback
can arise as a natural consequence of unfolding events. However,
positive Law Enforcement Feedback Form reports are also important. Law
enforcement often performs valuable community services at Burning Man,
and these acts also need to be recognized so that they can be
reinforced and encouraged. If you'd like to make a report in person,
ask to speak to a member of the LEAL team.
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ACLU AT PLAYA INFO
The Nevada Chapter of the ACLU will be at Playa Info to answer any
questions you may have about interacting with law enforcement in Black
Rock City. If you want to know what to do if you happen to be stopped
for questioning by law, enforcement then come on by. Received a
citation? Come on by.
Hours:
Tuesday through Thursday: 6:00 PM to 11:00 PM
Friday through Monday: 12:00 Noon to 9:00 PM
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LAWYERS FOR BURNERS
Lawyers For Burners is a volunteer organization that helps
participants find lawyers after they have been cited or arrested at
the event, or otherwise have issues with treatment by law enforcement
personnel. For more information, visit:
http://www.lawyersforburners.com
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KNOW YOUR LEGAL RIGHTS
When Can the Police Stop and Search Me?*
The Supreme Court has ruled that law enforcement may briefly stop you
to ask for your identity without probable cause of a crime; if this
occurs, you should be truthful, as lying to an officer may be a crime.
However, an officer may not require you to answer additional
questions, detain, or search you without either 1) consent or 2)
probable cause.
An officer may ask your consent to search you or your belongings, but
in order to be valid consent, a reasonable person must understand that
he or she could refuse to cooperate. This means that intimidating
tactics, such as blocking a door or surrounding a person with numerous
officers, are likely coercive situations where consent is not truly
voluntary. Your refusal to give consent does not constitute probable
cause for search.
Without consent, the Fourth Amendment states that warrantless searches
and arrests can only be performed when there is probable cause that a
crime has occurred. An officer must be able to point to specific facts
indicating criminal activity that give rise to probable cause; mere
suspicion or a “hunchâ€
I'm a topless shirtcocking yahoo hippie
www.eaglesnestrvpark.com
www.eaglesnestrvpark.com
Yes, they do use night vision/infrared. You will see them out in their trucks at night. If you light something that seems suspicious you may be approached even if you didn't know anyone was watching. However, I do not believe you can legally fuck out in the open esplanade style anymore. . If you are smoking pot in your tent and they can smell it, they may come around. If you are fucking on the playa or somewhere were people can see they are going to stare just as anyone else might.
I have even had them approach my camp that had been devastated in a wind storm and have them hover around my belongings obvioulsy looking for something that could be worthy cause for search while I was standing 15FT away.
I have even had them approach my camp that had been devastated in a wind storm and have them hover around my belongings obvioulsy looking for something that could be worthy cause for search while I was standing 15FT away.
- wedeliver
- Posts: 1871
- Joined: Thu Sep 16, 2004 11:10 am
- Burning Since: 1998
- Location: Tionesta, CA
- Contact:
I am aware that on the open playa you are exposed and visable, but my question was about in the camping area. Are LEO's allowed, able, do they, use this gear in the camping area without cause.
Is there an expectation of privacy in the camping area's?
Is there an expectation of privacy in the camping area's?
I'm a topless shirtcocking yahoo hippie
www.eaglesnestrvpark.com
www.eaglesnestrvpark.com
- Ugly Dougly
- Posts: 17612
- Joined: Wed Sep 10, 2003 9:31 am
- Burning Since: 1996
- Location: เชียงใหม่
- MikeVDS
- Posts: 1899
- Joined: Tue Sep 26, 2006 2:10 pm
- Burning Since: 2006
- Camp Name: Tiki Fuckos
- Location: Tiki Fuckos, Upland CA
- Contact:
I'm pretty sure that your tent or RV is the same as your home. If you leave your window open, they can look in, but they can't go in there. I'd say you're on strong legal ground to say that infrared viewing through your tent would be illegal search, since there is an expectation of privacy. If you're in your camp in the open, it's no different than being on your front porch. Anyone can come by and look at you. I don't understand your specific fear.
[img]http://tikifuckos.org/anisign.gif[/img]
The EYE is always watching!
read somewhere about a theme camp having an ID tent- a place where everyone kept their ID or copies of ID sooooo if someone needed to get ID out for the LEO - The whole Camp wouldn't be searched for one person being stupid...
read somewhere about a theme camp having an ID tent- a place where everyone kept their ID or copies of ID sooooo if someone needed to get ID out for the LEO - The whole Camp wouldn't be searched for one person being stupid...
If I were to wish ANYTHING I'd wish I were ME!!
- wedeliver
- Posts: 1871
- Joined: Thu Sep 16, 2004 11:10 am
- Burning Since: 1998
- Location: Tionesta, CA
- Contact:
Here is an example that I am wondering how far can LEO's go in "protecting us"
Can they observe a portta pottie bank with high tech gear, are they permitted to point both electronic eyes and ears towards the toilets we all use. Or do I have an expectation of privacy while leaving my body waste behind.
Also, do LEO's observe on a random basis tents, RV, and other places of human occupation.
You know they have listening devices which can pick up the sound of a fart from 1000' away.
Can they observe a portta pottie bank with high tech gear, are they permitted to point both electronic eyes and ears towards the toilets we all use. Or do I have an expectation of privacy while leaving my body waste behind.
Also, do LEO's observe on a random basis tents, RV, and other places of human occupation.
You know they have listening devices which can pick up the sound of a fart from 1000' away.
I'm a topless shirtcocking yahoo hippie
www.eaglesnestrvpark.com
www.eaglesnestrvpark.com
- SageV
- Posts: 183
- Joined: Sat Feb 07, 2009 7:39 pm
- Burning Since: 1999
- Location: I live in a suitcase
Yes, the LEO's can and will spy on you in your camp:
Also, understand the difference between the law enforcement agencies. Among them all, the BLM continues to field exceptionally unprofessional officers at Burning Man who in my opinion are an embarassment to the Bureau and the many fine law-enforcement professionals who monitor the Burning Man community. So, look at what agency they represent, if they are BLM treat them with extra caution because you won't be able to tell if they are going to be professionals or are simply badge toting thugs.
So, take the opportunity to try to educate your friendly neighborhood LEO about what you are about. Remember, under the shell they are human too, and we can be a good example as a community. If we want them or not, the LEO's are part of our community, so deal with it.
- They are in night vision gear on the edge of the playa
They run around the periphery of the event in golf carts with night vision gear as well
They will sit outside your camps with video cameras with telephoto lenses
They will send in people to solicit drugs
They will send in people to light up to get your whole camp 420'd while you aren't looking
If they think you are an organizer, they will build dossier's on you, like this is some kind of big crime syndicate
Also, understand the difference between the law enforcement agencies. Among them all, the BLM continues to field exceptionally unprofessional officers at Burning Man who in my opinion are an embarassment to the Bureau and the many fine law-enforcement professionals who monitor the Burning Man community. So, look at what agency they represent, if they are BLM treat them with extra caution because you won't be able to tell if they are going to be professionals or are simply badge toting thugs.
So, take the opportunity to try to educate your friendly neighborhood LEO about what you are about. Remember, under the shell they are human too, and we can be a good example as a community. If we want them or not, the LEO's are part of our community, so deal with it.
There is a big difference between what they can do and what they are going to do. In a city of 50,000 they make very few arrests and many of them if not most are for warrants.
They can use night vision equipment but are not too worried about some hippy lighting up a joint. If they see you dealing crank on the playa you may have problems, if you are driving drunk you may have problems, if you act really really stupid you may have a problem, if you are Paul Addis you may be a problem.
The cops have more important concerns than listening to people fuck inside their tents. They just want to get off shift, have a meal and a cold one at Brunos.
If you are not a complete fucktard and use a minimum amount of judgement you will have no problems.
They can use night vision equipment but are not too worried about some hippy lighting up a joint. If they see you dealing crank on the playa you may have problems, if you are driving drunk you may have problems, if you act really really stupid you may have a problem, if you are Paul Addis you may be a problem.
The cops have more important concerns than listening to people fuck inside their tents. They just want to get off shift, have a meal and a cold one at Brunos.
If you are not a complete fucktard and use a minimum amount of judgement you will have no problems.
- SageV
- Posts: 183
- Joined: Sat Feb 07, 2009 7:39 pm
- Burning Since: 1999
- Location: I live in a suitcase
Drug dealers need to realize the no commerce rule applies to them too and stop treating Burning Man like a trade fair. Of all the folk at Burning Man, they are the one who deserve to have their heads under a jackboot. Yes, I know some people "fund their trips" by selling their "extra drugs" and "aren't really dealers." I say those are the stupid fucktards who give pretext to law enforcement to encroach on the event and deserve what they get.Playa Tom wrote: If they see you dealing crank on the playa you may have problems
- wedeliver
- Posts: 1871
- Joined: Thu Sep 16, 2004 11:10 am
- Burning Since: 1998
- Location: Tionesta, CA
- Contact:
I think when LEO's see a lighter spark on the open playa they get reallll interested.Playa Tom wrote:There is a big difference between what they can do and what they are going to do. In a city of 50,000 they make very few arrests and many of them if not most are for warrants.
They can use night vision equipment but are not too worried about some hippy lighting up a joint. If they see you dealing crank on the playa you may have problems, if you are driving drunk you may have problems, if you act really really stupid you may have a problem, if you are Paul Addis you may be a problem.
The cops have more important concerns than listening to people fuck inside their tents. They just want to get off shift, have a meal and a cold one at Brunos.
If you are not a complete fucktard and use a minimum amount of judgement you will have no problems.
I'm a topless shirtcocking yahoo hippie
www.eaglesnestrvpark.com
www.eaglesnestrvpark.com
- MikeVDS
- Posts: 1899
- Joined: Tue Sep 26, 2006 2:10 pm
- Burning Since: 2006
- Camp Name: Tiki Fuckos
- Location: Tiki Fuckos, Upland CA
- Contact:
I'm guessing in most cases the evidence would get thrown out if they had to use sound amplifiers to record you in a port-o or your tent/rv. If you're talking quiet enough so people outside can't hear you with naked ears I'd say there is reasonable expectation of privacy. I'm not a lawyer so I could be completely wrong, but as stated before, unless there is some reason you think they will specifically target you out of 50,000 people, I wouldn't worry.
[img]http://tikifuckos.org/anisign.gif[/img]
- Ugly Dougly
- Posts: 17612
- Joined: Wed Sep 10, 2003 9:31 am
- Burning Since: 1996
- Location: เชียงใหม่
I shall hire a lawyer for this every time that I complete The Act, which is several times per day. And only one LEO agency? What about private individuals with IR cameras? I guess I will also need to scan Youtube for weeks thereafter.Sage Venkman wrote:If they video taped you, you can request the video under FOIA and they will have to respond with at least a redacted version. This has been done by people in the community and yes it's real.Ugly Dougly wrote:Will you know if someone has been spying on you?
- CapSmashy
- Posts: 1917
- Joined: Thu Sep 28, 2006 12:29 pm
- Burning Since: 2007
- Camp Name: Terminal City://404 Village Not Found
- Location: Awesome Camp 2.0
Re: Can Law Enforcement spy on people camping?
wedeliver wrote:Todays Rabbit speaks came out, "The Law Enforcement Edition" and it got me wondering if there are rules about what kind of gear the LEO's can use when providing us with police services.
Can they use listening devices without probably cause. Devices that would allow the user to hear a conversation that normally would have been private?
Can they use night vision, infrared, etc and look at living spaces and camping areas without probable cause and perhaps watch people engaging in legal activity such as fucking.
There is court precedent that denies them the right to seek prosecution for information obtained in this manner without a warrant or very well articulated probable cause.
Your tent or RV, under federal law and quite possibly Nevada law as well, exists with the same rights and privileges as you have in your home and with the same expectations to privacy and 4th Amendment protections.
Playawaste Raiders cordially invites you to suck it.
- Green Wood
- Posts: 197
- Joined: Tue Jul 27, 2004 6:05 pm
- Location: Somewhere beyond the Rainbow
There's a 5 second observation law on the books stating that if the suject(s) are in the act of copulation, they must turn away the officer has assertained the maner of the act within 6 seconds.
Then they can return to the observation position again only to repeat the above procedure!
Then they can return to the observation position again only to repeat the above procedure!
I might be green, but I can burn brite with the help of my playa friends!
- SageV
- Posts: 183
- Joined: Sat Feb 07, 2009 7:39 pm
- Burning Since: 1999
- Location: I live in a suitcase
Don't get paranoid, I'm saying what you can do if you do get video taped. It's usually for obvious reasons and they don't make any secret out of what they are doing and why.Ugly Dougly wrote:I shall hire a lawyer for this every time that I complete The Act, which is several times per day. And only one LEO agency? What about private individuals with IR cameras? I guess I will also need to scan Youtube for weeks thereafter.Sage Venkman wrote:If they video taped you, you can request the video under FOIA and they will have to respond with at least a redacted version. This has been done by people in the community and yes it's real.Ugly Dougly wrote:Will you know if someone has been spying on you?
- Roberto Dobbisano
- Posts: 2973
- Joined: Thu Jul 09, 2009 5:54 pm
- Location: Dobbidossola, Italy.
-
dj_john69
- Posts: 553
- Joined: Mon Jan 05, 2004 5:18 pm
- Burning Since: 1996
- Camp Name: Root Society & Apex
- Location: Nevada
The BLM can do whatever they want to since we are on their land.
I haven't heard of them using sound enhancement equipment but i wouldn't doubt if they have access to it. As for night vision, they are all about that.
While i know a few local BLM personal, i hate the fuckheads they import for the Midwest that think they are king shit. What a bunch of fucking pussies they bring to help out.
I haven't heard of them using sound enhancement equipment but i wouldn't doubt if they have access to it. As for night vision, they are all about that.
While i know a few local BLM personal, i hate the fuckheads they import for the Midwest that think they are king shit. What a bunch of fucking pussies they bring to help out.
Fuck you, fuck you...you're cool, fuck you !!
-
spectabillis
- Posts: 3527
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- Burning Since: 2022
- Location: black rock city
- Captain Goddammit
- Posts: 8589
- Joined: Sat Sep 06, 2003 9:34 am
- Burning Since: 2000
- Camp Name: First Camp
- Location: Seattle, WA
- PavementBlues
- Posts: 173
- Joined: Mon Apr 06, 2009 11:07 pm
- Burning Since: 2007
- Camp Name: Sideshow
- Location: Reno, NV
And THAT is why every Burner who smokes cigarettes should get roll-your-own for the event. It's like playing Where's Waldo?, but with weed!wedeliver wrote:I think when LEO's see a lighter spark on the open playa they get reallll interested.Playa Tom wrote:There is a big difference between what they can do and what they are going to do. In a city of 50,000 they make very few arrests and many of them if not most are for warrants.
They can use night vision equipment but are not too worried about some hippy lighting up a joint. If they see you dealing crank on the playa you may have problems, if you are driving drunk you may have problems, if you act really really stupid you may have a problem, if you are Paul Addis you may be a problem.
The cops have more important concerns than listening to people fuck inside their tents. They just want to get off shift, have a meal and a cold one at Brunos.
If you are not a complete fucktard and use a minimum amount of judgement you will have no problems.
- Roberto Dobbisano
- Posts: 2973
- Joined: Thu Jul 09, 2009 5:54 pm
- Location: Dobbidossola, Italy.
And THAT is why every Burner who smokes cigarettes should get roll-your-own for the event. It's like playing Where's Waldo?, but with weed!
an EXCELLENT point....A policeman once told me that they have no probable cause if you roll your own....it's when they see the marlboro box in your pocket AND you're twisting one up that they move in...
keep your shit in a top package and roll your own on the playa....mix with tobacco if you like it "Canadian" stylee.
DONT THROW ROACHES OR BUTTS ON THE GROUND....save them for later, you WILL need them.
"10 principles? you cant HANDLE the 10 principles..."
- Ugly Dougly
- Posts: 17612
- Joined: Wed Sep 10, 2003 9:31 am
- Burning Since: 1996
- Location: เชียงใหม่
my 2c:
If you are in a defined home space like a tent, LEO is limited to passive methods. Example: they walk past and smell pot. The odor is sufficient casue to enter and search you and the immediate area. Imediate area should be somthing like you and your tent. Example: they walk past an RV and see someone smoling a joint through the window. THat is sufficient cause to enter and search the person and RV.
Outside your 'home' all bets are off. They can and will use night vision, ifra red and long distance site methods. Any and all are sufficient if they see something. Example: LEO with night vision scope sees 5 people standing in circle passing a pipe and lighter around. Busted.
Solutions:
1) save for back home.
2) do not do it in public. Assume you are being watched.
3) make your camp as private as possible. If LEO can look in on you then act accordingly.
4) consider odor when smoking pot.
6) Do not give or receive any naughty stuff from anyone you do not know.
Basic assumptions:
BRC has more cops per person than anywhere outside of a police station. LEO priorities look like this:
1) drug dealing
2) drug use
3) under age consumption of alcohol
4) everything else
One last important point. Consider the amount of stuff you are carrying if you go out on the playa. If you get busted you definately do not want to get busted for dealing.
Or take the simple oath that I take: don't use drugs at BM. Makes life a lot easier. Personally I think it's to easy to get busted at BM.
Cheers
If you are in a defined home space like a tent, LEO is limited to passive methods. Example: they walk past and smell pot. The odor is sufficient casue to enter and search you and the immediate area. Imediate area should be somthing like you and your tent. Example: they walk past an RV and see someone smoling a joint through the window. THat is sufficient cause to enter and search the person and RV.
Outside your 'home' all bets are off. They can and will use night vision, ifra red and long distance site methods. Any and all are sufficient if they see something. Example: LEO with night vision scope sees 5 people standing in circle passing a pipe and lighter around. Busted.
Solutions:
1) save for back home.
2) do not do it in public. Assume you are being watched.
3) make your camp as private as possible. If LEO can look in on you then act accordingly.
4) consider odor when smoking pot.
6) Do not give or receive any naughty stuff from anyone you do not know.
Basic assumptions:
BRC has more cops per person than anywhere outside of a police station. LEO priorities look like this:
1) drug dealing
2) drug use
3) under age consumption of alcohol
4) everything else
One last important point. Consider the amount of stuff you are carrying if you go out on the playa. If you get busted you definately do not want to get busted for dealing.
Or take the simple oath that I take: don't use drugs at BM. Makes life a lot easier. Personally I think it's to easy to get busted at BM.
Cheers
Spot on Igneouss....
In reality, if an officer is really interested in you, it is really not hard for him to find probable cause. Even if there IS no probable cause, are you going to pay an attorney and then pay to travel back to Lovelock repeatedly to fight the charge using a "no probable cause" defense?
In reality, if an officer is really interested in you, it is really not hard for him to find probable cause. Even if there IS no probable cause, are you going to pay an attorney and then pay to travel back to Lovelock repeatedly to fight the charge using a "no probable cause" defense?
Cum catapulte proscripte erunt tum soli proscripti catapultus haebunt.
- Roberto Dobbisano
- Posts: 2973
- Joined: Thu Jul 09, 2009 5:54 pm
- Location: Dobbidossola, Italy.
Sad truth...From my reading on the subject...Leo has no trouble busting people for using obviously. In public. In sight. etc. Call it a 'stupid tax'.
People who use common sense and understand the risks are much safer. The dumb, young, drug crazed ravers and hippie wanna-bees keep LEO plenty busy. They make things safer for the rest of us.
I have yet to hear a story of someone that got busted but wasn't guilty of something (usually dumb). You hear lots of stories but there are really very few verifiable reports of unresonable arrests/citations. Even the ones that are borderline generally involve scenes where suspects or situation forces the LEO to react. If you compare the stats with the stories it sounds like LEO at BM is actually pretty fair. In a target rich enviroment fully of the young, dumb types mentioned earlier, LEO does not need to bother with borderline cases. It's like a speed trap on a road where everyone is doing 20 over. LEO does not have to worry about folks doing 5 over...
Classic is when a group of people see you doing something in front of LEO. LEO has to react rather then send a message to the crowd that the behavior is OK. Busted. If the offender had simply been more discrete and even if the LEO had seen the offense, the person might have gotten off with a warning. Flaunting it in front of a group forces the LEOs hand.
People who use common sense and understand the risks are much safer. The dumb, young, drug crazed ravers and hippie wanna-bees keep LEO plenty busy. They make things safer for the rest of us.
I have yet to hear a story of someone that got busted but wasn't guilty of something (usually dumb). You hear lots of stories but there are really very few verifiable reports of unresonable arrests/citations. Even the ones that are borderline generally involve scenes where suspects or situation forces the LEO to react. If you compare the stats with the stories it sounds like LEO at BM is actually pretty fair. In a target rich enviroment fully of the young, dumb types mentioned earlier, LEO does not need to bother with borderline cases. It's like a speed trap on a road where everyone is doing 20 over. LEO does not have to worry about folks doing 5 over...
Classic is when a group of people see you doing something in front of LEO. LEO has to react rather then send a message to the crowd that the behavior is OK. Busted. If the offender had simply been more discrete and even if the LEO had seen the offense, the person might have gotten off with a warning. Flaunting it in front of a group forces the LEOs hand.