trespassing will get you thrown in jail. (Charged for Loitering / Prowling)

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Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: alien42
Originally posted by: compman25
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: BurnItDwn
Stupid question.
Were there any "no trespassing" signs posted?
Did they erect a fence?

Or was it wide open, no signs, no fence?
Just thinking, if there's no signs and it's wide open, then they obviously weren't trying very hard to keep people out, while you may not have had permission to go to the site, it doesn't seem like you were going to hurt anything... sigh


Its still trespassing.

If he was never asked to leave through posted signs or otherwise it isn't certainly not trespassing.

BS. Its private property. You are not allowed on private property without permission.

Where there signs posted saying it was private property?

Was it his property? NO. There doesn't have to be signs telling you that you are trespassing. You aren't very bright.
is the grocery store parking lot his property? NO
speaking of not being very bright

It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.
 

olds

Elite Member
Mar 3, 2000
50,113
775
126
Google is a wonderful thing:

Two Teenagers Charged In Sex Crime

SUGAR HILL Georgia (AP) ? Two Sugar Hill (Burett) teenagers have been charged with sex crimes while trespassing on a local construction site. The teens vehicle was spotted by a Burett police officer while on routine patrol. Upon investigating the lone vehicle, the teens were observed having sex with a goat and photographing it. The teens were taken into custody and upon a search of their vehicle, a credit card stolen in a residential burglary was found in the center console of the vehicle.
advertisement
The teens were charged with PC 4108, ?Carnal knowledge of a farm animal? and later were released into the custody of their parents after paying $2800 bail. They are due in court to face the charges in two weeks. The goat was returned to his owner, no worse for the wear.
 

alien42

Lifer
Nov 28, 2004
12,845
3,277
136
Originally posted by: Capt Caveman
It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.

the sign issue is definately a big one and since the OP has not provided details we do not know.
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: alien42

Trespassing - O.C.G.A. 16-7-21
Criminal trespass can be committed in five different ways
a person intentionally causes damage to the property of another without his consent and the damage is less than $500.00;
knowingly and maliciously interferes with possession or use of the property of another;
enters upon the property of another person for any unlawful purpose;
enters upon the property of another person after receiving notice from the owner that such entry is forbidden; or
remains upon the property of another person after receiving notice from the owner to depart. Punishment: Misdemeanor, with up to 12 months to serve.

http://www.criminaldefenseadvi...theft-laws.html#theft3

OP, i would say your lawyer should be able to get you off without any problems at all.

The OP was charged for Loitering / Prowling.

 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: oldsmoboat
Google is a wonderful thing:

Two Teenagers Charged In Sex Crime

SUGAR HILL Georgia (AP) ? Two Sugar Hill (Burett) teenagers have been charged with sex crimes while trespassing on a local construction site. The teens vehicle was spotted by a Burett police officer while on routine patrol. Upon investigating the lone vehicle, the teens were observed having sex with a goat and photographing it. The teens were taken into custody and upon a search of their vehicle, a credit card stolen in a residential burglary was found in the center console of the vehicle.
advertisement
The teens were charged with PC 4108, ?Carnal knowledge of a farm animal? and later were released into the custody of their parents after paying $2800 bail. They are due in court to face the charges in two weeks. The goat was returned to his owner, no worse for the wear.

:laugh:
 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
23
76
Originally posted by: alfa147x
Originally posted by: ric0chet06
what happens if you dont pay bail?

You go into general population holdings till your court date (idk even know when mine is )

amiright?

if its a weekday, youd see the morning judge and be released OR. if it were a sat nite, you may stay there until monday morning. here in the horseshoe (maricopa county jail) they ended up having to hold hearings on sunday morning just to clear some space. its a pain in the ass when its standing room only in cells that have metal stools and benches only as it is. ive only seen this place from the inside, not the easy way.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
Originally posted by: oldsmoboat
Originally posted by: ZeroIQ
Originally posted by: everman
Originally posted by: Mermaidman
The cop searched your car without your permission?!

Search incident to a lawful arrest.


You still need a warrant to search a car, especially if the charge is loitering OUTSIDE of the vehicle.

He can probably get the credit card felony thrown out. Get a good lawyer.

Cues Anubis...

cue me for what?
 

olds

Elite Member
Mar 3, 2000
50,113
775
126
Originally posted by: Anubis
Originally posted by: oldsmoboat
Originally posted by: ZeroIQ
Originally posted by: everman
Originally posted by: Mermaidman
The cop searched your car without your permission?!

Search incident to a lawful arrest.


You still need a warrant to search a car, especially if the charge is loitering OUTSIDE of the vehicle.

He can probably get the credit card felony thrown out. Get a good lawyer.

Cues Anubis...

cue me for what?

For a "read the thread comment":

Originally posted by: alfa147x
...
I did not get charged with the felony, ...

 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
23
76
Originally posted by: Born2bwire
It doesn't seem that far off in my opinion. You were trespassing, and in a construction site. Those are getting to be high crime areas with copper thieves (I just read in the blotter the other day of almost a $1000 worth of copper wiring being stolen from a local construction site).

thats the truth there. i work for an electrical contractor, made a ton of cash last year and this year implementing security measures on remote well and booster pump sites. the generator leads and pump leads are usually 500 or 750mcm copper, and usually at least 50ft long times three. even our warehouse/ shop wasnt safe, someone drove a car thru our door one night and stole a bunch of spools of wire and cable we had waiting to go out to a jobsite. the year before someone broke into a connex and stole 10k worth of wire that we had to eat and replace. it wasnt supposed to be stored onsite, bad call for that super. people arent chased off jobsites much anymore, they are detained and cops are always involved, just in case.
 

rivan

Diamond Member
Jul 8, 2003
9,677
3
81
Originally posted by: IcebergSlim
Wrong or not who should have exercised his rights and not allowed a search without a warrant.

You're possibly right. If in this situation he was allowed to demand a warrant (IANAL) he should have in a respectful manner. Of course, he was caught doing something wrong, he knew it and probably wouldn't have been able to ask without a bunch of attitude.

Believe it or not, if you're respectful to cops, MOST will treat you the same in return. And honestly - what's it get you if you're not? Being a jackass to cops quite simply has zero positive effect on the situation.

He did not and as a result got another stupid felony tacked on. This whole situation is stupid.

Yes it is - but not for the reasons you're talking about. He got caught doing something he knew was wrong. And you're basing your allmighty judgement of the cops on the side of the story being given you by the guy was was trespassing.

Yeah he was a stupid kid being stupid. No one got hurt there was no "real" harm done here. no need to take it there. Call the parents and have them come get them.

I might be fine with that. I'm also fine with the current outcome.

Gung Ho cops like these create a lifetime of animosity towards a profession that should be respected.

Why is the cop wrong for holding someone accountable to the law? Did the cop lead the kid to the site and say, "Hey! Go take pics! The worst I'll do is give you a warning!"?

I mean, why the hell is it so hard for you to accept that someone broke a law, then was held accountable for it?

What the fuck? It's people like you, who eschew any personal responsibility for one's actions, that make this world so damned difficult to live in.

Its not like he was in there with pipe cutters stripping the site of its copper tubing.

No, he was breaking a different law.

What happened to reasoning? Cops make judgement calls all the time about how to enforce law.....this is one of those times when the judgement was poor.

Again, how is applying well-documented consequences to an action poor judgement?
 

alfa147x

Lifer
Jul 14, 2005
29,307
106
106
Originally posted by: Capt Caveman
Originally posted by: alien42
Originally posted by: compman25
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: BurnItDwn
Stupid question.
Were there any "no trespassing" signs posted?
Did they erect a fence?

Or was it wide open, no signs, no fence?
Just thinking, if there's no signs and it's wide open, then they obviously weren't trying very hard to keep people out, while you may not have had permission to go to the site, it doesn't seem like you were going to hurt anything... sigh


Its still trespassing.

If he was never asked to leave through posted signs or otherwise it isn't certainly not trespassing.

BS. Its private property. You are not allowed on private property without permission.

Where there signs posted saying it was private property?

Was it his property? NO. There doesn't have to be signs telling you that you are trespassing. You aren't very bright.
is the grocery store parking lot his property? NO
speaking of not being very bright

It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.

we checked there are NO signs...

 

clamum

Lifer
Feb 13, 2003
26,252
403
126
Wow, surprised that didn't happen where I live.

Anyway, I hope you and your friend get a good lawyer and can get this lessened or dropped. What a crock.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
Originally posted by: alfa147x
Originally posted by: Capt Caveman
Originally posted by: alien42
Originally posted by: compman25
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: BurnItDwn
Stupid question.
Were there any "no trespassing" signs posted?
Did they erect a fence?

Or was it wide open, no signs, no fence?
Just thinking, if there's no signs and it's wide open, then they obviously weren't trying very hard to keep people out, while you may not have had permission to go to the site, it doesn't seem like you were going to hurt anything... sigh


Its still trespassing.

If he was never asked to leave through posted signs or otherwise it isn't certainly not trespassing.

BS. Its private property. You are not allowed on private property without permission.

Where there signs posted saying it was private property?

Was it his property? NO. There doesn't have to be signs telling you that you are trespassing. You aren't very bright.
is the grocery store parking lot his property? NO
speaking of not being very bright

It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.

we checked there are NO signs...


that does not matter as many have said, you were tresspassing, i dont agree with you guys getting in trouble for that CC which if you are telling the truth you tried to return and whatnot

but you were tresspasing, you got ticketed, itll most likely be reduced in court, lesson learned
 

IceBergSLiM

Lifer
Jul 11, 2000
29,932
3
81
Rivan,

Your comments here are based on him knowing he was doing something wrong. He stated he had no idea he was breaking any laws there were no signs regarding private property or tresspassing. Also the fact that he is just a kid 17 years old. I'm convinced the judge will side with me here and dismiss all charges. So with that likely outcome why tie up the courts and waste time and money on everyones part for something so fucking stupid. Wouldn't have been so much more appropriate to ask them to leave or call the parents?

Please tell me you aren't so unreasonable here. I know laws exist for a reason and all that shit but be fucking reasonable.
 

IceBergSLiM

Lifer
Jul 11, 2000
29,932
3
81
Originally posted by: Anubis
ignorance is not a good defence

Ignorance isn't the defense...he knows trespassing is wrong .....THERE WERE NO SIGNS SAYING HE COULDN"T BE THERE!
 

olds

Elite Member
Mar 3, 2000
50,113
775
126
Originally posted by: IcebergSlim
Originally posted by: Anubis
ignorance is not a good defence

Ignorance isn't the defense...he knows trespassing is wrong .....THERE WERE NO SIGNS SAYING HE COULDN"T BE THERE!

Where are the signs saying I can't shoot you in the forehead with my shotty?
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: IcebergSlim
Originally posted by: Anubis
ignorance is not a good defence

Ignorance isn't the defense...he knows trespassing is wrong .....THERE WERE NO SIGNS SAYING HE COULDN"T BE THERE!

do you really need a sign saying you can't be on private property?
 

ahurtt

Diamond Member
Feb 1, 2001
4,283
0
0
Originally posted by: alfa147x
Originally posted by: Capt Caveman
Originally posted by: alien42
Originally posted by: compman25
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: BurnItDwn
Stupid question.
Were there any "no trespassing" signs posted?
Did they erect a fence?

Or was it wide open, no signs, no fence?
Just thinking, if there's no signs and it's wide open, then they obviously weren't trying very hard to keep people out, while you may not have had permission to go to the site, it doesn't seem like you were going to hurt anything... sigh


Its still trespassing.

If he was never asked to leave through posted signs or otherwise it isn't certainly not trespassing.

BS. Its private property. You are not allowed on private property without permission.

Where there signs posted saying it was private property?

Was it his property? NO. There doesn't have to be signs telling you that you are trespassing. You aren't very bright.
is the grocery store parking lot his property? NO
speaking of not being very bright

It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.

we checked there are NO signs...

Irrelevant. Let me ask you this. . .if they didn't have signs at gas station pumps warning you not to smoke or expose open flames and to turn off your car engine, would you light up while you were putting gas in your car?

The fact there were no signs was not a fault of the owner of the construction site. The fact that you thought the fact that there were no signs meant it was ok for you to trespass makes you a retard. The fault and blame in this scenario lies 100% on YOU because you have 0 common sense.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
Originally posted by: oldsmoboat
Originally posted by: IcebergSlim
Originally posted by: Anubis
ignorance is not a good defence

Ignorance isn't the defense...he knows trespassing is wrong .....THERE WERE NO SIGNS SAYING HE COULDN"T BE THERE!

Where are the signs saying I can't shoot you in the forehead with my shotty?

lol
that made me chuckle
 

alfa147x

Lifer
Jul 14, 2005
29,307
106
106
Originally posted by: ahurtt
Originally posted by: alfa147x
Originally posted by: Capt Caveman
Originally posted by: alien42
Originally posted by: compman25
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: IcebergSlim
Originally posted by: waffleironhead
Originally posted by: BurnItDwn
Stupid question.
Were there any "no trespassing" signs posted?
Did they erect a fence?

Or was it wide open, no signs, no fence?
Just thinking, if there's no signs and it's wide open, then they obviously weren't trying very hard to keep people out, while you may not have had permission to go to the site, it doesn't seem like you were going to hurt anything... sigh


Its still trespassing.

If he was never asked to leave through posted signs or otherwise it isn't certainly not trespassing.

BS. Its private property. You are not allowed on private property without permission.

Where there signs posted saying it was private property?

Was it his property? NO. There doesn't have to be signs telling you that you are trespassing. You aren't very bright.
is the grocery store parking lot his property? NO
speaking of not being very bright

It's private property and at night/store closed, it's trespassing/loitering. More than likely, signs that indicate that also.

we checked there are NO signs...

Irrelevant. Let me ask you this. . .if they didn't have signs at gas station pumps warning you not to smoke or expose open flames and to turn off your car engine, would you light up while you were putting gas in your car?

The fact there were no signs was not a fault of the owner of the construction site. The fact that you thought the fact that there were no signs meant it was ok for you to trespass makes you a retard. The fault and blame in this scenario lies 100% on YOU because you have 0 common sense.

I dont smoke, yes i need signs ;)

I was just giving information