CL Ch. 32 Trepass Flashcards
Trespass After Notice Ch. 266 Sec 120:
Elements:(3)
The suspect:
(1) Entered or remained without right;
(2) On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
(3) Even though a person with a lawful control had forbidden the suspect’s presence directly, by posted notice, or by court order.
Trespass After Notice Ch. 266 Sec 120:
Elements: (simplified) (3)
- Enter or Stay without right
- Property of another
- Notice.
Trespass After Notice Ch. 266 Sec 120:
ROA:
Warrantless Arrest in Presence.
Note: An arrest is NOT required to prove trespass initially. Police may decide, During their escort, to arrest their suspect based on his continued physical opposition while leaving.
Trespass After Notice Ch. 266 Sec 120:
Is arrest required to prove trespass initially?
No.
Police may decide, During their escort, to arrest their suspect based on his continued physical opposition while leaving.
Trespass After Notice Ch. 266 Sec 120:
The suspect must either enter without permission, or:
fail to leave after being told to do so.
Note: Implied License. Under some circumstances, people may enter property to determine whether a person in control wishes to deal with them. Those individuals may also leave upon receiving a negative answer (Jehovah’s witnesses at front door)
Trespass After Notice Ch. 266 Sec 120:
An Implied License may extend to some part of the property but not to others. The standard is what a:
reasonable person would do.
Is political protest, according to the free speech protections of the First Amendment, a defense to Trespass?
No.
The law of trespass does not infringe on the content of a person’s speech, it merely limits the place where a person may communicate.
Trespass After Notice Ch. 266 Sec 120:
If a person refused to answers officer’s questions about being invited, it may provide (blank) for trespassing.
Probable Cause
Ex. 25 unit apartment building in Lynn case
25 unit apartment building in Lynn that had many problems keeping trespassers out. Numerous posted “No Trespass” signs.
On April 17th, there was a shooting nearby. Officers went to this address, and arrested a shooting suspect for trespassing in the building.
On April 19, and officer saw this person enter the building again, now accompanied by Noah. They emerged 20 seconds later. Officer encountered them and asked Noah if he lived in the building. He said he did not. When asked if he had been visiting someone, Noah said it was none of the officers business. He was arrested for trespassing, and a hand gun was found concealed in his groin. Was this a lawful arrest? Will the gun be admissible as evidence?
Yes to both.
Probable cause existed for his arrest. Noah admitted that he did not live there; entered with someone who had been arrested for trespassing two days before; and refused to say whether he had been invited by a resident. Officers do not have to “eliminate every possibility in order to have probable cause for trespassing.”
Trespass through agent: Trespass may occur if a principal offender:
intentionally directs an agent to enter illegally.
Trespass After Notice Ch. 266 Sec 120:
There are five ways in which property owners communicate the areas that are off limits:
- posted sign
- verbal ejection
- privacy precautions
- No Trespass notice
- Court Order
Trespass After Notice Ch. 266 Sec 120:
Method 1: Posted Sign:
The sign must be visible, but it is not necessary to prove the suspect:
actually saw it.
*However, there must be proof that the defendant actually entered the posted property.
Trespass After Notice Ch. 266 Sec 120:
Combination of signs and visitor policy: Brockton high case:
When Maria Monteiro and her daughter walked into the courtyard during lunch to assault a student, they knew they were trespassing because of the posted notices and school policy.
The owner of a multi unit home had been advised to post a no trespassing sign in response to groups of juveniles hanging out on his property., and he did so. In response to an anonymous complaint about youths sitting on the stairs, gang unit members arrives, recognized the youths as gang members, and arrested Yannick and another youth for trespassing. Drugs and firearms were found on Yannick. A third person was handcuffed, then released, when it was learned that he lived at the house. That resident said he had invited Yannick onto the property. He also said his grandfather owned the property and welcomed Yannick as a guest. Good or Bad?
Bad.
A no trespassing sign invites police to look into what permission persons have to be on the property yet, in this case, officers conducted no investigation prior to the arrests. Officers needed information specific to Yannick, not just that he was a member of a gang. Without investigating, police could not known if Yannick was a resident or had permission to be present. Since the officers lacked probable cause that Yannick was trespassing, his arrest and search (which produced a gun and drugs) was unlawful.
No trespassing sign invites police investigation, not:
immediate arrest.
True or false:
For trespassing at a public park or playground, there must be proof that the sign is based on a rule approved by the appropriate governing body.
True.
A municipal official cannot simply decide to post a sign.
Trespass After Notice Ch. 266 Sec 120:
Method 2: Verbal ejection:
Most obvious notice:
The owner (or another person with lawful control) told suspect to leave.
Note: For a legitimate reason, the manager of property open to the public may revoke a person’s permission to stay.
Trespass After Notice Ch. 266 Sec 120:
Method 2: Verbal ejection:
In all cases, information about any prior warnings must appear in the police report. Police must either: (3)
- describe the prior incident and verbal warning in their current report
- attach a prior written trespass notice to their current report
- attach the prior incident report to their current report.
Trespass After Notice Ch. 266 Sec 120:
Method 2: Verbal ejection:
It must be clear that the person ejected has no:
right to remain.
In cases where a person makes a credible claim that he has a right to be present, officers should gather evidence to dispute his claim or decline to arrest for trespass- Comm Vs Green case (mother guardian wanted him removed from property, but he had a right to remain)
Trespass After Notice Ch. 266 Sec 120:
Method 3: Privacy Precautions.
Notice does not require that a person in control of the premises personally warn intruders. Owners may also bar entry by securing the premises with (4 examples).
a fence, walls, locked gates, or doors.
These types of normal privacy precautions directly forbid entry.
Ex while fleeing from police, defendant ran through residential backyards. He climbed over a 5 foot tall stockade fence, crossed the backyard, climbed the fence on the other side. The owner of the property had “atleast at the points where the defendant entered and exited the yard, forbidden entry to the yard by fences.” His trespass conviction was upheld.
Trespass After Notice Ch. 266 Sec 120:
Method 4: Written Notice
Providing written notice is proof that a person knew he had no:
right to be present.
*But, contrary to popular belief, written notice is not legally required in order to charge trespass.
