LVI News January 25 2016 409.5 California Penal Code
Written and compiled by:
Edward James - Supervising Staff Writer LVI
http://livevideoinc.blogspot.com/2016/01/lvi-news-january-25-2016-4095.html
http://livevideoinc.blogspot.com/2016/01/lvi-news-january-25-2016-4095.html
409.5 California Penal Code
For Immediate Release
Wednesday, January 27, 2016
Written by Edward James
Membership has privileges for News Media under California Penal Code 409.5 and related codes in support of FOP and FOIA. Kurt Kelly started in politics and hard news 47 years ago at age 10 covering Presidents', Senators, Governors and world events because of his politic access. Kurt was born into the Books of Who's Who for American Politics, World Leaders, and others for literally centuries of his families global influences.
Kelly has used his clout in news and entertainment to cover everything from wars to corruption in government and the A-List of entertainment, see
https:// www.livevideoinc.com/ kurt-kelly.html for more about Kurt Kelly.
Freedom of the Press legal definition of Freedom of the Press legal-dictionary.thefreedi ctionary.com/ Freedom+of+the+Press
The right, guaranteed by the First Amendment to the U.S. Constitution, to gather, publish, and distribute information and ideas without government restriction; this right encompasses freedom from prior restraints on publication and freedom from Censorship. The First Amendment to ...
Freedom Of the Press [FOP], says that "Congress shall make no law....abridging (limiting) the freedom of speech, or of the press..." Freedom of speech is the liberty to speak openly without fear of government restraint.
Freedom of Speech and Freedom of Press
www.lincoln.edu/ criminaljustice/hr/ Speech.htm
The Freedom of Information Act, seehttps://foia.state.gov/ Search/ SiteResults.aspx?type=what+ is+foia
The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.
Exemptions
The nine exemption categories that authorize government agencies to withhold information are:
classified information for national defense or foreign policy
internal personnel rules and practices
information that is exempt under other laws
trade secrets and confidential business information
inter-agency or intra-agency memoranda or letters that are protected by legal privileges
personnel and medical files
law enforcement records or information
information concerning bank supervision
geological and geophysical information
Exclusions
Congress provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions”. The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within exclusion are not subject to the requirements of the FOIA.
Please Note
The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.
The FOIA does not require agencies to do research for you, answer written questions, or in any other way create records (such as lists or statistics) in order to respond to a request.
Other Resources
Department of Justice: Office of Information Policy
DOJ Guide to the Freedom of Information Act
FOIA.gov
Open Government Act of 2007
The National Archives and Records Administration (NARA)
The Office of Government Information Services (OGIS.archive.gov)
U.S. Government Printing Office (Federal Digital System)
Nothing shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. Exception is crime scenes or can interfere with incident operations
Only California and New Jersey have laws which all unlimited access tolegitimate press to emergency areas. Journalists do not have general right to access private property. Consent is between the journalists and persons having control of the property; not the public safety agency.
The California Penal Code allows media to scenes of disaster, riot, or civil disturbance, but NOT TO CRIME SCENES. However, this statement does not imply that the news media can interfere with incident operations. If entering a location is hazardous, they should be advised; media access can not be prevented for safety reasons unless their presence would impede by blocking the entrances and exists or disturbing evidence.
409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers of the Department of
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
officialduties, may close the area where the menace exists for the
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an immediate
menace to the public health, the local health officer may close the
area where the menace exists pursuant to the conditions set forth in
this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post orother command post
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receivingnotice to evacuate or leave
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
ADDITIONAL FOIA RESOURCES (EXTERNAL)
FOIA.gov
U.S. Department of State FOIA Office
U.S. Department of State FOIA Reports
Freedom of the Press legal definition of Freedom of the Press legal-dictionary.thefreedi
The right, guaranteed by the First Amendment to the U.S. Constitution, to gather, publish, and distribute information and ideas without government restriction; this right encompasses freedom from prior restraints on publication and freedom from Censorship. The First Amendment to ...
Freedom Of the Press [FOP], says that "Congress shall make no law....abridging (limiting) the freedom of speech, or of the press..." Freedom of speech is the liberty to speak openly without fear of government restraint.
Freedom of Speech and Freedom of Press
www.lincoln.edu/
The Freedom of Information Act, seehttps://foia.state.gov/
The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.
Exemptions
The nine exemption categories that authorize government agencies to withhold information are:
classified information for national defense or foreign policy
internal personnel rules and practices
information that is exempt under other laws
trade secrets and confidential business information
inter-agency or intra-agency memoranda or letters that are protected by legal privileges
personnel and medical files
law enforcement records or information
information concerning bank supervision
geological and geophysical information
Exclusions
Congress provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions”. The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within exclusion are not subject to the requirements of the FOIA.
Please Note
The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.
The FOIA does not require agencies to do research for you, answer written questions, or in any other way create records (such as lists or statistics) in order to respond to a request.
Other Resources
Department of Justice: Office of Information Policy
DOJ Guide to the Freedom of Information Act
FOIA.gov
Open Government Act of 2007
The National Archives and Records Administration (NARA)
The Office of Government Information Services (OGIS.archive.gov)
U.S. Government Printing Office (Federal Digital System)
Nothing shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. Exception is crime scenes or can interfere with incident operations
Only California and New Jersey have laws which all unlimited access to
The California Penal Code allows media to scenes of disaster, riot, or civil disturbance, but NOT TO CRIME SCENES. However, this statement does not imply that the news media can interfere with incident operations. If entering a location is hazardous, they should be advised; media access can not be prevented for safety reasons unless their presence would impede by blocking the entrances and exists or disturbing evidence.
409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
official
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an immediate
menace to the public health, the local health officer may close the
area where the menace exists pursuant to the conditions set forth in
this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post or
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receiving
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
station or network from entering the areas closed pursuant to this
section.
ADDITIONAL FOIA RESOURCES (EXTERNAL)
FOIA.gov
U.S. Department of State FOIA Office
U.S. Department of State FOIA Reports
For Official Kurt Kelly and Live Video, Inc. News see
http://
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Kurt Kelly & Friends, various all over planet earth!!! Submissions are
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Kurt Kelly
kurt@kurtkelly.com...
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Kurt Kelly & Friends, various all over planet earth!!!
Kurt Kelly & Friends, various all over planet earth!!! Submissions arewelcome, and greatly appreciated. We STRONGLY ENCOURAGE YOUR INPUT!! Taggers welcome to give honest credits, locations, etc. where they are due. Taken by numerous talented photographers. To all, Thank you for the great memories.
Kurt Kelly & Friends, various all over planet earth!!! Submissions are
Kurt Kelly
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Kurt Kelly Announces "The Final Cut!" as part of his 5 year Rain Forest series of Films, Original Television Series, Special Concert Events, and more as part of his film slate[s] and upcoming Network Television Launches.
The Final Cut - A Kurt Kelly Film On Global Warming https://youtu.be/oyi1qKlbfz4
and Meratus https://www.meratusrainforestshouldnotdie.com/index.html are about education, solutions, the truths, and doing the right thing...rightnow, before it's too late!
The Humanitarian, Activist, Philanthropist, and global media mogul, in an exclusive interview with NBC NEWS, and THE TODAY SHOW; Filmmaker Kurt Kelly, Founder - CEO of Live Video, Inc., and all Kurt Kelly Entities Globally; spoke out on politics, global warming, and extinction on planet earth in the next 1-10 years.
The Final Cut, Movie, Rain Forest, Extinction, Global Warming, Signature Voice Over, Kurt Kelly, Live Video Inc (company),
https://youtu.be/oyi1qKlbfz4
Also see, https://www.google.com/webhp?sourceid=chrome-instant&rlz=1C1CHMO_enUS576US576&ion=1&espv=2&ie=UTF-8#q=meratusrainforestshouldnotdie
The Final Cut - A Kurt Kelly Film On Global Warming
The Final Cut (Film),Global Warming (Film Subject),Film (Media Genre),Kurt Kelly (Film Actor),Live Video Inc [company;,Disaster Re;lief Inc [NGO - NonPtofit],Rain Forest\,Signature Voice Over Artist,Voice Over,Celebrity,Director,Producer,Hollywood,Famous,Bollywood (Film Genre),Entertainment,Singer
Find out the latest on the Meratus Rainforest Should Not Die! See:
Official Sites
http://meratusrainforestshouldnotdie.com/
https://twitter.com/rainforestfilm
https://www.facebook.com/groups/MeratusRainForestShouldNotDie/
https://www.facebook.com/MeratusRainForestShouldNotDie?fref=ts
The Final Cut - A Kurt Kelly Film On Global Warming https://youtu.be/oyi1qKlbfz4
and Meratus https://www.meratusrainforestshouldnotdie.com/index.html are about education, solutions, the truths, and doing the right thing...right
The Humanitarian, Activist, Philanthropist, and global media mogul, in an exclusive interview with NBC NEWS, and THE TODAY SHOW; Filmmaker Kurt Kelly, Founder - CEO of Live Video, Inc., and all Kurt Kelly Entities Globally; spoke out on politics, global warming, and extinction on planet earth in the next 1-10 years.
The Final Cut, Movie, Rain Forest, Extinction, Global Warming, Signature Voice Over, Kurt Kelly, Live Video Inc (company),
https://youtu.be/oyi1qKlbfz4
The Final Cut - A Kurt Kelly Film On Global Warming
The Final Cut (Film),Global Warming (Film Subject),Film (Media Genre),Kurt Kelly (Film Actor),Live Video Inc [company;,Disaster Re;lief Inc [NGO - NonPtofit],Rain Forest\,Signature Voice Over Artist,Voice Over,Celebrity,Director,Producer,Hollywood,Famous,Bollywood (Film Genre),Entertainment,Singer
Find out the latest on the Meratus Rainforest Should Not Die! See:
Official Sites
http://meratusrainforestshouldnotdie.com/
https://twitter.com/rainforestfilm
https://www.facebook.com/groups/MeratusRainForestShouldNotDie/
https://www.facebook.com/MeratusRainForestShouldNotDie?fref=ts
Official Sites
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or, contact +1-310-925-2709
Disaster Relief, Inc., is a non-profit for the restoration of the Rain Forest, Clean Air, Clean Water, Clean Soil, Clean Food, Clean Medicine, Protection and Preservation of all life-forms, preservation, restoration, education and recycling of the Bio-eco system.
Our Mission Statement:
"Preserve all lifeforms, at all costs; even at expense of self, for the betterment of all.."
Follow the progress of the "
Follow the Official Movie site:
http://www. Tweeter: Meratus Rain Forest @rainforestfilm https:// Facebook like: https://www.facebook.com/ Facebook Group: join https://www.facebook.com/ #Indonesia #MeratusRainfo
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Genre: Documentary with soundtrack Directed By: Kurt Kelly https://twitter.com/ Meratus Rain Forest @rainforestfilm Meratus Rain Forest Should Not Die #TheMovie #AKurtKelly
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Donate to the charitable making of the very important documentary on global warming.
Via PayPal to donations@
Qualified Groups, Organizations, and others wishing to make larger contributions may also contact both Co-Production Entities:
or, contact +1-310-925-2709
Disaster Relief, Inc., is a non-profit for the restoration of the Rain Forest, Clean Air, Clean Water, Clean Soil, Clean Food, Clean Medicine, Protection and Preservation of all life-forms, preservation, restoration, education and recycling of the Bio-eco system.
Our Mission Statement:
"Preserve all lifeforms, at all costs; even at expense of self, for the betterment of all.."
Disaster
Follow the progress of the "Meratus Rain Forest Should Not Die":
Follow the Official Movie site:
http://www. Twitter: Meratus Rain Forest @rainforestfilm Facebook like: https://www.facebook.com/ Facebook Group: join https://www.facebook.com/ #Indonesia #MeratusRainfo
http://
Genre: Documentary with soundtrack Directed By: Kurt Kelly https://twitter.com/ Meratus Rain Forest @rainforestfilm Meratus Rain Forest Should Not Die #TheMovie #AKurtKelly
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