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  • 602 question..

    A person crawls under a locked gate and onto your property that is surrounded by a fence... Trespass? Its probably a stupid question and I have a track record of it but I'm ok with that. Thanks for the help

  • #2
    criminal trespass if the property is fenced in...at least in NY.

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    • #3
      Originally posted by tcso219 View Post
      A person crawls under a locked gate and onto your property that is surrounded by a fence... Trespass? Its probably a stupid question and I have a track record of it but I'm ok with that. Thanks for the help
      Not a trespass unless the property is posted with a sign. Otherwise the land owner would have to ask the person to leave. At that point it would only be a trespass if the person refuses to leave.

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      • #4
        What were you doing on the property? It could be trespassing, it could be prowling, it could be entering and occupying.

        Originally posted by rookie24 View Post
        criminal trespass if the property is fenced in...at least in NY.
        That's why he/she posted in the California section. He/She is looking for the California answer, not New York.
        Last edited by OCEnforcer29; 10-13-2010, 07:57 PM.
        CHICKS DIG IT!!!

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        • #5
          I'm curious about going under the locked gate... are you extremely thin, are you digging, or is it just a ginormous gap?

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          • #6
            If you're a correctional officer, why are you crawling under peoples fences...?
            Last edited by OCEnforcer29; 10-13-2010, 08:10 PM.
            CHICKS DIG IT!!!

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            • #7
              I really hope you aren't the same guy that posted in another forum - http://forum.freeadvice.com/arrests-...ca-529713.html

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              • #8
                Yes I am very thin lol. I was working in dispatch and I got a call about somebody trespassing on property. The person ended up being a reporter taking pictures of a house that had burned with two people inside. I was talking with a Deputy here and I was asking him if he wasn't a reporter if that would have been trespassing. I didn't really get an answer so I thought I'd ask you guys. I'm an Academy Grad but our search and seizure instructor, well, was terrible. Thanks for the help guys.

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                • #9
                  I would bet you have PC (reporter or not) for at least 602(m) PC; Enter and "occupy".

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                  • #10
                    PC 647(h)

                    Who loiters, prowls, or wanders upon the private property of
                    another, at any time, without visible or lawful business with the
                    owner or occupant. As used in this subdivision, "loiter" means to
                    delay or linger without a lawful purpose for being on the property
                    and for the purpose of committing a crime as opportunity may be
                    discovered.

                    Comment


                    • #11
                      Originally posted by Feb2nd1979 View Post
                      PC 647(h)

                      Who loiters, prowls, or wanders upon the private property of
                      another, at any time, without visible or lawful business with the
                      owner or occupant. As used in this subdivision, "loiter" means to
                      delay or linger without a lawful purpose for being on the property
                      and for the purpose of committing a crime as opportunity may be
                      discovered.
                      Which is prowling
                      CHICKS DIG IT!!!

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                      • #12
                        Originally posted by OCEnforcer29 View Post
                        Which is prowling
                        Yesssss, which can apply to the OP's story. normally when I can't arrest for 602, i'll take them for prowling
                        Last edited by Feb2nd1979; 10-14-2010, 09:43 AM.

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                        • #13
                          Originally posted by Feb2nd1979 View Post
                          PC 647(h)

                          Who loiters, prowls, or wanders upon the private property of
                          another, at any time, without visible or lawful business with the
                          owner or occupant. As used in this subdivision, "loiter" means to
                          delay or linger without a lawful purpose for being on the property
                          and for the purpose of committing a crime as opportunity may be
                          discovered.
                          Hasn't that one been removed due to a SCOTUS ruling?
                          Molly Weasley makes Chuck Norris eat his vegetables.

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                          • #14
                            Originally posted by BCRYAN
                            When you said you have a track record of it, I first took that as you have a track record of trespassing. Then i realized that you ment you have a track record of asking stupid questions.

                            lol
                            Ah, now that you said that, it makes sense. I thought he was saying he has a track record of trespassing as well.



                            Originally posted by willowdared View Post
                            Hasn't that one been removed due to a SCOTUS ruling?
                            Not that I know of unless it was fairly recent.
                            CHICKS DIG IT!!!

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                            • #15
                              Good God, I can't say anything without you guys taking it out of context lol.

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