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Server Time:
2024-05-16 03:45:42
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 FFEMT5034
Gender: Male
 |  | Re: If there's no No Trespassing sign, should I be ok
<Reply # 20 on 5/28/2010 2:57 AM >
|  | | | misstinavicious,
The best thing to do is to simply tell them the truth. If you're wearing street clothes with no equipment, a rookie officer may believe your story. After all, why would you have your cat out there with you?
Depending on the type of building (specifically an abandoned building), it would be nearly impossible to charge you with breaking and entering let alone prove the crime, or the intent alone. Fortunately, in our criminal justice system they would typically have to prove that you feloniously entered the structure with the intent to commit some crime (such as theft or burglary). If you are simply walking through an open door, or climbing through the window of a shell, it is a criminal trespass at best. Please note that this applies in the state that I previously worked as a LEO.
Remember, always be respectful and courteous, even if the officer isn't being. When it comes time to go to court, and you're attorney is working on a plea agreement, the state's attorney will almost always ask the other parties involved if they are OK with the plea deal. When this happens, the officer will remember your demeanor - which can only help you if you were polite.
If you genuinely don't see a sign, you CAN make the excuse that you didn't know you weren't supposed to be there. Believe it or not, they must prove more than just the act itself to get a conviction. To truly be guilty of a crime, you (or a reasonable person) would have to know it is illegal.
Then again, an affirmative defense such as, "I thought no one owned it, so it would be OK to go inside and take some pictures." is almost always sufficient for all but the grouchiest police officers. Once they inform you that it is in fact illegal, admit to the fact that you were there, and that you now realize it was a mistake and assure them that you'll refrain from doing it in the future.
I'm not trying to give you advice on "beating" the legal system, just trying to explain the difference between a mistake and a criminal act. Police officers are people too, and aren't nearly as "rigid" as people make them out to be. Give them a break, and they'll give you one!
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FFEMT5034
Gender: Male
| | Re: If there's no No Trespassing sign, should I be ok
<Reply # 21 on 5/28/2010 2:59 AM >
| | | | On a side note, the spell check really butchered my post! I swear I'm not that illiterate!
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JaneDoe
 
Location: Manhattan
Gender: Female
| | Re: If there's no No Trespassing sign, should I be ok
<Reply # 22 on 5/28/2010 11:20 PM >
| | | | Posted by FFEMT5034
misstinavicious,
The best thing to do is to simply tell them the truth. If you're wearing street clothes with no equipment, a rookie officer may believe your story. After all, why would you have your cat out there with you?
Depending on the type of building (specifically an abandoned building), it would be nearly impossible to charge you with breaking and entering let alone prove the crime, or the intent alone. Fortunately, in our criminal justice system they would typically have to prove that you feloniously entered the structure with the intent to commit some crime (such as theft or burglary). If you are simply walking through an open door, or climbing through the window of a shell, it is a criminal trespass at best. Please note that this applies in the state that I previously worked as a LEO.
Remember, always be respectful and courteous, even if the officer isn't being. When it comes time to go to court, and you're attorney is working on a plea agreement, the state's attorney will almost always ask the other parties involved if they are OK with the plea deal. When this happens, the officer will remember your demeanor - which can only help you if you were polite.
If you genuinely don't see a sign, you CAN make the excuse that you didn't know you weren't supposed to be there. Believe it or not, they must prove more than just the act itself to get a conviction. To truly be guilty of a crime, you (or a reasonable person) would have to know it is illegal.
Then again, an affirmative defense such as, "I thought no one owned it, so it would be OK to go inside and take some pictures." is almost always sufficient for all but the grouchiest police officers. Once they inform you that it is in fact illegal, admit to the fact that you were there, and that you now realize it was a mistake and assure them that you'll refrain from doing it in the future.
I'm not trying to give you advice on "beating" the legal system, just trying to explain the difference between a mistake and a criminal act. Police officers are people too, and aren't nearly as "rigid" as people make them out to be. Give them a break, and they'll give you one!
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Well I don't say it's my cat haha, I would say I followed it into the building because it looked hungry or something. Which in my experience isn't lying because most of the places around here there are homeless cats. But anyways thanks for the help, I never thought of saying I didn't know it was owned by someone that's a good idea. And I didn't notice any no trespassing signs on the side of the building where the loose bored is. So this just might work!
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DJ Craig
       
Moderator
Location: Johnson City, TN
Gender: Male
Break the Silence
| |  |  | Re: If there's no No Trespassing sign, should I be ok
<Reply # 23 on 6/3/2010 5:26 AM >
| | | | Best thing to do to prepare yourself for a potential police encounter is to watch this video...five times:
http://www.youtube...atch?v=yqMjMPlXzdA
"You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose. You're on your own. And you know what you know. And YOU are the one who'll decide where to go..." -Dr. Suess |
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ImpulseVariable
Location: USA
Gender: Male
| | Re: If there's no No Trespassing sign, should I be ok
<Reply # 24 on 6/10/2010 5:40 AM >
| | | | On my last run, the cops showed up. 2 cop cars, 2 LEO's, and myself with a flashlight and camera at 2 in the morning. But, the building is clearly not in use, and has no signs posted. In my experience, be VERY polite and respectful, even if the cop is rude. And try not to actually be caught IN the building. Just one more thing they have to prove to convict you.
"A preoccupation with the next world clearly shows an inability to cope credibly with this one." |
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jeepdave
Location: Anderson, SC
Gender: Male
It's also a gun.
| | Re: If there's no No Trespassing sign, should I be ok
<Reply # 25 on 6/10/2010 11:12 AM >
|  | | | Park right out front, walk around in broad daylight, and take pics right out in the open. This is my tactic. If asked, I simply say I have an uncle/friend/company that may be interested in the property so I'm taking pictures to send them to see if I need to proceeds any further with trying to find an owner. Even if its covered in NO signs. This works best if your dressed in normal clothes and don't look 16 or act 16.
Ezekiel 25:17 |
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uLiveAndYouBurn
Location: Beyond
Anarchocommunist
| | Re: If there's no No Trespassing sign, should I be ok
<Reply # 26 on 6/11/2010 12:24 PM >
| | | | Posted by Steed
Laws may be explicit, but law enforcement deals in shades of grey. It doesn't matter how strict or unstrict the law is, if it's serious in the books but you're respectful you're off the hook; if it's nothing really and you're a dick about it, you're going for a ride.
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Maybe in Korea, or Scotland, but not over here.
"Aint nothin' to it but to do it"
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