Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CRIM 2024 > Chapter 32 - Trespassing > Flashcards

Chapter 32 - Trespassing Flashcards

1
Q

Trespassing ROA

A

In presence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Trespass Elements

A

Enter or Stay without right
- Property of another
- After notice (by a person with lawful control, directly, by posted notice, or court order)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is an arrest needed to prove trespass

A

No, officers may physically remove someone then arrest once outside

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Are people allowed to enter a place to see if they are wanted then leave if they are denied

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

People entering places they are not supposed is looked at by which standard

A

Reasonableness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Is a political protest an excuse to trespass

A

no, you aren’t limiting the speech, you’re limiting where they can protest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

CL- protest on college campus, asked to move to free speech area and refused, arrest

A

GOOD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If a suspect refuses to answer questions regarding their right to be somewhere this can used as

A

PC to arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Five ways to communicate an area is off limits

A

Posted sign
Verbal ejection
Privacy precautions
No trespass notice
Court order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Although a sign for trespassing must be visible what do you not have to prove

A

that the suspect actually saw it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

saw horses with signs saying DO NOT ENTER and policy to enter through the front door, mom and daughter passed saw horses to fight another student

A

Trespassing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

No trespassing sign invites officers to ______ not arrest

A

investigate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

officers see juveniles outside a multi unit building with a no trespassing sign, arrested one immediately and found a gun, later found out his friend invited him to the property

A

No good

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

For trespassing at a public park or playground there must be proof that the sign is

A

based on a rule approved by the appropriate governing body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the most obvious ejection notice

A

verbal ejection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

stadium enclosed by a locked gate and bleachers when there was no event

A

Good - privacy precautions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Barring entry through fence, walls, locked gates, doors is an example of what type of notice

A

privacy precautions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

fleeing from the police and running through 5 residential backyards - climbing fences

A

Trespassing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is proof alone that a person had knowledge that they were unwanted

A

Written notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Is written notice required to charge trespassing

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is one exemption to trespassing

A

Invited Visitors - they are barred from common areas but not areas used to go to and from the residecne

22
Q

Does this exemption apply to college dorms

A

No

23
Q

violation of a 209A or 208 can be considered trespassing

A

True

24
Q

Is trespassing a lesser included offense of B/E or burg

A

NO

25
Q

Removing or defacing a trespassing sign ROA-

A

in presence

26
Q

Obstructing access to a medical facility - ROA

A

In presence

27
Q

Obstructing Access to a medical facility includes

A

restricting entry or exit or forcing those to remain inside

28
Q

Impeding access or intimidating at reproductive health facility
- ROA

A

In presence

29
Q

What two places does reproductive health cover

A

Abortion and family planning locations

30
Q

When a person impeded access police must provide them with what

A

Withdrawal order

31
Q

What are the stipulations of the withdrawal order

A

Stay at least 25 feet away for 8 hours

32
Q

what is ROA for violation

A

in presence during business hours

33
Q

Landlord tenant disputes - trespassing does not apply to

A

Occupants or tenants

34
Q

what is your recourse for landlord tenant disputes (TEST QUESTION)- REGARDLESS OF ISSUE

A

Civil eviction process

35
Q

Criminal Acts by a landlord that include shutting off utilities, locking tenants out, changing locks- strongest action

A

In presence BOP - otherwise complaint

36
Q

Officers respond to sister not allowing brother into his apartment and not allowing others to enter to be with him although he lived there, police arrive and arrest her as shes blocking the door

A

GOOD (2023)

37
Q

What is the best practice for these situations

A

Keep the peace

38
Q

Inn Keepers can evict someone for four reasons

A

Lack money to pay
Behave obnoxiously
Drunken
Or destruction behavior

39
Q

inn keepers include

A

hotel, motel, boarding house, inn for transient occupancy

40
Q

Can you trespass or require someone to be removed from Govt Property -

A

Yes, only if they are causing a disturbance that is disrupting business

41
Q

protesters were provided opportunity to show their grievance but refused to leave

A

Good arrest

42
Q

woman in somerville welfare office should not have been arrested when she insisted on making a statement to someone in charge because she did not disrupt business

A

You’re Welcome

43
Q

Can you arrest someone for trespassing in the police station

A

Yes if they are disruptive and refuse to leave

44
Q

When in a library or other public forum what should officers avoid

A

Telling them to trespass people, allow them to decide on their own

45
Q

What is the one defense to trespassing

A

Necessity

46
Q

Beach access- the public can go in between the intertidal area and low water mark for the following -

A

Fishing, fowling, navigation

47
Q

You can not go in this area for what

A

Recreation activities

48
Q

The public can not access where

A

property above the intertidal area -

49
Q

People can do all of the following in the intertidal area

A

Walk, Swim, Fish, Fowl, pass in watercraft- EVERYTHING ELSE IS TRESPASSING

50
Q

People generally can not walk on private property above

A

The high water mark

51
Q

What is your best course of action for violations

A

Mediate or seek complaint for trespassing but DO NOT ARREST

52
Q
A

CRIM 2024 (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions