602 question..

[tcso219]

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

[rookie24]

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

[Reservetobe]

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.

[OCEnforcer29]

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

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.

[not5150]

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

[OCEnforcer29]

If you're a correctional officer, why are you crawling under peoples fences...?

[not5150]

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

[tcso219]

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.

[Run it Back]

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

[Feb2nd1979]

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.

[OCEnforcer29]

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

[Feb2nd1979]

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

[willowdared]

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?

[OCEnforcer29]

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.

Hasn't that one been removed due to a SCOTUS ruling?

Not that I know of unless it was fairly recent.

[tcso219]

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