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Indecent Exposure on College/University grounds..need feedback on what applies

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  • avalon42
    Forum Member
    • Oct 2007
    • 1728

    Indecent Exposure on College/University grounds..need feedback on what applies

    post deleted
    Last edited by avalon42; 03-13-2015, 06:22 PM.
  • 2wheeldep
    Forum Member
    • Jan 2008
    • 537

    #2
    In order to have a 5150 hold the individual must be a danger to others or himself.

    As far as the 314 it requires intent. Should the individual not have the mental capacity to form intent, your wasting paper and time for a da reject. As long as the individual is not posing a threat or danger to anyone arresting him will not benifit anyone.

    Comment

    • SoCalSheriff
      Forum Member
      • Apr 2006
      • 1467

      #3
      Exactly. Can't 5150 just because someone is nuts. If I could, half of my beat would be on a 72 hour vacation away from my city.

      The key element of 314 is "Willfully and lewdly exposes.."

      However, there may be a local (city or county) ordinance that applies. Campuses also usually have bylaws and codes of conduct as well. Are the actions prohibited by any of them?
      Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.
      --Winston Churchill--

      "Si vis pacem, para bellum"

      Comment

      • DCH
        Forum Member
        • Oct 2004
        • 839

        #4
        415 and 602 apply. If the dude can't stay away from campus grounds without being nekkid.. there is a section (can't recall which) that covers repeat offenders that enhances the misd. to a felony offense.
        Timelines:

        CBPO
        App: 2/12/09
        Geo: Revised; CA Long Beach, San Bernardino, L.A.
        Written: 2/20/09
        NOR: 3/2/09 (81 no vet pref.)
        TO: ? (reached my 37th bday 9/09)

        IEA
        App: 5/5/09
        Geo: San Diego
        Written: 6/5/09 (75.8 no vet pref.)
        NOR: 7/20/09
        Faxed Documents: 7/7/09
        TO: 10/6/09
        Mailed Documents: 10/16/09
        Oral Interview: 12/02/09 Passed

        BPA
        Geo: SW Border-El Centro/San Diego Area
        App: 8/17/10
        Written: 10/6 Passed (73 w/ no vet pref.)
        TO: 11/10/10 (pre emp forms due 11/22)

        Comment

        • dadyswat
          Forum Member
          • Jul 2007
          • 719

          #5
          I thought that was normal behavior in California.

          Comment

          • SoCalSheriff
            Forum Member
            • Apr 2006
            • 1467

            #6
            602 would only apply if he was not a student. Being a student, he obviously has permission to be on campus. Unless of course school officials have asked him to leave and he subsequently refuses.

            602 (k) could apply, but you would have to prove specific intent to interfere, obstruct, or injure

            I am not sure where 415 comes into play.. There is no challenge to fight, no offensive words being used, and no loud and unreasonable noise.
            Last edited by SoCalSheriff; 09-16-2009, 03:09 PM.
            Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.
            --Winston Churchill--

            "Si vis pacem, para bellum"

            Comment

            • 140grad
              Forum Member
              • Feb 2009
              • 41

              #7
              I would want to know more about his "mental disorder." Is he diagnosed with a disorder? Is he taking any meds? Is he prescribed meds, but not taking them? Did he make any statements while he was walking around campus naked? These factors could all assist in articulating a 5150 W&I hold. I'm thinking along the lines of gravely disabled...
              Last edited by 140grad; 09-16-2009, 03:58 PM. Reason: Opps, spelling
              "I hated every minute of training, but I said, Don't quit. Suffer now and live the rest of your life as a champion." -Muhammad Ali

              Comment

              • erich
                Forum Member
                • Jun 2008
                • 57

                #8
                Some cities have municipal code for a person nude in a public place, but even that is borderline if he has mental issues. It would be best if they are a student to get them a disciplinary hearing with the campus administrators because he probably violated some campus rule. They could better resolve the issue to ensure it doesn't happen again.

                Comment

                • Bully
                  Your Daddy
                  • Sep 2006
                  • 822

                  #9
                  Take a little time out of your day and go to his house. If he can't care for himself, you can possibly 5150 him as "Gravely Disabled". Call APS and see if they will do something.

                  I'm constantly coming into contact with 5149 1/2's that nobody can seem to do anything about. I will usually send them to the funny farm as "Gravely Disabled".
                  God made perfect cops.......The rest he put in cars.

                  Comment

                  • DCH
                    Forum Member
                    • Oct 2004
                    • 839

                    #10
                    Gettin' ahead of myself; 602 natureboy if he insists on frolicking even AFTER he's been told to stay off campus. 415 applies if he comes back after being told not to. Disturbing the Peace by the mere act of ignoring a lawful order and insisting on being 314, but this time as a repeat offender. I've had a similar call where I arrested and released, but had to deal with the person again and again, and I ended up being backed by the DA's office on above charges.

                    Again, all above charges would be after his refusal to obey lawful orders.
                    Timelines:

                    CBPO
                    App: 2/12/09
                    Geo: Revised; CA Long Beach, San Bernardino, L.A.
                    Written: 2/20/09
                    NOR: 3/2/09 (81 no vet pref.)
                    TO: ? (reached my 37th bday 9/09)

                    IEA
                    App: 5/5/09
                    Geo: San Diego
                    Written: 6/5/09 (75.8 no vet pref.)
                    NOR: 7/20/09
                    Faxed Documents: 7/7/09
                    TO: 10/6/09
                    Mailed Documents: 10/16/09
                    Oral Interview: 12/02/09 Passed

                    BPA
                    Geo: SW Border-El Centro/San Diego Area
                    App: 8/17/10
                    Written: 10/6 Passed (73 w/ no vet pref.)
                    TO: 11/10/10 (pre emp forms due 11/22)

                    Comment

                    • avalon42
                      Forum Member
                      • Oct 2007
                      • 1728

                      #11
                      Originally posted by 140grad
                      I would want to know more about his "mental disorder." Is he diagnosed with a disorder? Is he taking any meds? Is he prescribed meds, but not taking them? Did he make any statements while he was walking around campus naked? These factors could all assist in articulating a 5150 W&I hold. I'm thinking along the lines of gravely disabled...
                      I don't know the exact details about his "mental conditions" (I use quotes because that is what we were told). We were just briefed on a few details surrounding his 314.

                      The person that reported the 314 recognized him again a day later, this time clothed. Our job as students is to report a future violation if it occurs.

                      Comment

                      • e30sd
                        Forum Member
                        • Jan 2006
                        • 68

                        #12
                        avalon42, you must be referring to this one?

                        Comment

                        • avalon42
                          Forum Member
                          • Oct 2007
                          • 1728

                          #13
                          Originally posted by e30sd
                          avalon42, you must be referring to this one?

                          Yup.

                          Comment

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