Ecker
Ecker v. Raging Waters Group, Inc.
Opinion
Opinion
Vogel J--, J.
Introduction
This appeal arises out of the following series of events.
Gordon Ecker went to Raging Waters amusement park. Several adolescent boys complained to park security that Ecker was following and videotaping them. Security observed Ecker and confirmed he was surreptitiously videotaping juveniles. After uniformed security personnel approached Ecker, he went with them to their office. While he was there, a Raging Waters security officer, without Ecker’s knowledge or consent, took the videotape from his camera and viewed it. The videotape consisted exclusively of shots of the bodies of adolescent boys. Raging Waters security contacted law enforcement. Los Angeles County deputy sheriffs arrived and took Ecker into custody for the misdemeanor offense of annoying or molesting a child under the age of 18, a violation of Penal Code section 647.6, subdivision (a). Ecker had been detained for three hours by Raging Waters security without being told of the nature of the complaint or being questioned about his actions.
The district attorney filed a misdemeanor charge (Pen. Code, § 647.6, subd. (a)) against Ecker. A jury returned a verdict of “not guilty.”