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 subrosa
Location: SF, CA
Gender: Male
Some people are just plain weird.
 |  |  | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 20 on 3/30/2008 1:53 AM >
|  | | | In some states (I know this was true in NY when I lived there, a long time ago) crossing a barrier (hopping a fence, opening a window) raises the charge from misdemeanor trespass to felony trespass 3rd degree... the difference between a ticket and a court date.
I do believe that in CA if access is unobstructed, you must be informed that you are not allowed to be somewhere, either by a sign or a person, before it is considered trespassing. I'm not a lawyer, though, so don't take my word for it.
And as stated above, be aware that on federal property, you may be charged federally instead of by the state... which equals automatic felony charge, as there is no federal misdemeanor trespass. On some federal parklands, it is up to the discretion of the arresting officer whether you are charged federally or with a regular misdemeanor under local laws, so remember not to piss off the nice park policeman. The parks police also have discretion as to the fine you get... a flagrant violation may get a parks ticket but with double fines.
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Sestet
 
Location: Hyde Park, New York
Gender: Female
A long time ago, I saw a child playing with a tangerine, the size of a tangerine.
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 21 on 3/31/2008 12:29 AM >
| | | | In my experience with police officers, they tend not to care much about trespassing onto unoccupied property as long as you're not carrying a weapon or vandalizing it. In general (and this may have to do with my age; they're probably less likely to let older people get away with it), they usually only give warnings and tell you to get off the property that you're on.
Oh, I'm sick of doing Japanese things. In jail they made us be in this dumb Kabuki play about the Forty Seven Ronin, and I wanted to be Oshi, but they made me Ori! |
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insainly sound
 
Location: Bay Area, CA
Gender: Female
How'd we get here, and how are we getting out of here?!
| | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 22 on 3/31/2008 5:51 PM >
| | | |
| In general (and this may have to do with my age; they're probably less likely to let older people get away with it), they usually only give warnings and tell you to get off the property that you're on. |
For some reason, this got me thinking.... It really depends the property one is caught on! For example a piece officers response will be vastly different if the explorer is caught on Neverland instead of a 60 year old broken down factory... I think the where is as important as the what...
Check out my photo blog! |
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ryan
 
This member has been banned. See the banlist for more information.
Location: Providence RI
Gender: Male
F/gayz
| |  | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 23 on 3/31/2008 5:54 PM >
| | | | No sign, No fence, No forced entry. You can beat it in court.
I climb stuff!
Remember! Shop smart. Shop S-Mart \http://www.myspace.com/xitstheendx |
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quantum-x
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 24 on 3/31/2008 6:04 PM >
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I'm so glad you're not lawyers.
Trespass is a tort - civil offense, not a criminal offense.
You can't be arrested for trespass.
If you are arrested for something else, the owner of the property can then file civil trespass charges against you.
http://en.wikipedia.org/wiki/Trespass
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ryan
This member has been banned. See the banlist for more information.
Location: Providence RI
Gender: Male
F/gayz
| | | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 25 on 3/31/2008 6:14 PM >
| | | | Posted by quantum-x
I'm so glad you're not lawyers.
Trespass is a tort - civil offense, not a criminal offense.
You can't be arrested for trespass.
If you are arrested for something else, the owner of the property can then file civil trespass charges against you.
http://en.wikipedia.org/wiki/Trespass
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There are different degrees of trespassing, one of them being a criminal trespassing charge. It depends on a number of things one of them being what area you live in. I HAVE been arrested for trespassing and so have a number of my friends. It happens, especially doing what we do. Maybe get some more experience on the subject before you make yourself sound like a know it all. Wait, its already to late for that.
<edit>The two trespassing charges I recieved where beatin in court. Never take plea bargins unless they have multipile witnesses testifying to seeing you or video footatge of you doing something illeagle. Remember its innocent till prvoen guilty, fight that shit.
[last edit 3/31/2008 6:17 PM by ryan - edited 2 times]
I climb stuff!
Remember! Shop smart. Shop S-Mart \http://www.myspace.com/xitstheendx |
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quantum-x
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 26 on 3/31/2008 6:38 PM >
| | | | Posted by ryan
There are different degrees of trespassing, one of them being a criminal trespassing charge. It depends on a number of things one of them being what area you live in. I HAVE been arrested for trespassing and so have a number of my friends. It happens, especially doing what we do. Maybe get some more experience on the subject before you make yourself sound like a know it all. Wait, its already to late for that.
<edit>The two trespassing charges I recieved where beatin in court. Never take plea bargins unless they have multipile witnesses testifying to seeing you or video footatge of you doing something illeagle. Remember its innocent till prvoen guilty, fight that shit.
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Australia: Trespass is a tort. How about you cram your insolence?
No need to brush up, I don't get myself in the habit of getting arrested. Woops.
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ryan
This member has been banned. See the banlist for more information.
Location: Providence RI
Gender: Male
F/gayz
| | | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 27 on 3/31/2008 6:42 PM >
| | | | Posted by quantum-x
Australia: Trespass is a tort. How about you cram your insolence?
No need to brush up, I don't get myself in the habit of getting arrested. Woops.
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Well the majority of us do no live there. So you're smug comments pertaining to us understanding laws are not needed. You obviously have a completely different Justice system in your country.
Hmm breaking in to buildings for about 8 years now been arrested twice and beat both charges.. I am pretty happy with that : O )
I climb stuff!
Remember! Shop smart. Shop S-Mart \http://www.myspace.com/xitstheendx |
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Mickael
   
Moderator
Location: Canada
Gender: Male
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 28 on 3/31/2008 9:59 PM >
| | | | Posted by quantum-x
I'm so glad you're not lawyers.
Trespass is a tort - civil offense, not a criminal offense.
You can't be arrested for trespass.
If you are arrested for something else, the owner of the property can then file civil trespass charges against you.
http://en.wikipedia.org/wiki/Trespass
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Are you aware that there's more than one jurisdiction in this world ?
Need forum-related help / Besoin d'aide reliée au forum ? Contact a moderator |
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Sestet
Location: Hyde Park, New York
Gender: Female
A long time ago, I saw a child playing with a tangerine, the size of a tangerine.
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 29 on 3/31/2008 10:27 PM >
| | | | Posted by quantum-x
Australia: Trespass is a tort. How about you cram your insolence?
No need to brush up, I don't get myself in the habit of getting arrested. Woops.
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Well that was rather rude, I thought. Especially given that the person who posted this thread with a request for info clearly doesn't live in Australia. You needn't condescend to people for not knowing the subtle nuances between "torts" and "laws" in a country thousands of miles away from where they live.  But that's just me.
Oh, I'm sick of doing Japanese things. In jail they made us be in this dumb Kabuki play about the Forty Seven Ronin, and I wanted to be Oshi, but they made me Ori! |
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subrosa
Location: SF, CA
Gender: Male
Some people are just plain weird.
| | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 30 on 3/31/2008 11:46 PM >
| | | | Posted by Sestet
Posted by quantum-x
Australia: Trespass is a tort. How about you cram your insolence?
No need to brush up, I don't get myself in the habit of getting arrested. Woops |
Well that was rather rude, I thought. Especially given that the person who posted this thread with a request for info clearly doesn't live in Australia. You needn't condescend to people for not knowing the subtle nuances between "torts" and "laws" in a country thousands of miles away from where they live. But that's just me.
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I have to say, I've been on this board about a week and a half, and this was the first troll I've seen. Not bad. Most boards you can find them on the first day.
By the way, Hyde Park, eh? I looked at a house down there once. I used to live in Tivoli, by Red Hook. I miss the Hudson Valley something fierce. Gonna post some neat pictures of Opus 40 one of these days... not a UE site, but still cool as hell.
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Sestet
Location: Hyde Park, New York
Gender: Female
A long time ago, I saw a child playing with a tangerine, the size of a tangerine.
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 31 on 3/31/2008 11:54 PM >
| | | | Posted by subrosa
By the way, Hyde Park, eh? I looked at a house down there once. I used to live in Tivoli, by Red Hook. I miss the Hudson Valley something fierce. Gonna post some neat pictures of Opus 40 one of these days... not a UE site, but still cool as hell.
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Tivoli used to be fun from what I hear, in the 80s (I was, however, barely alive for that decade), before the Bardies (who are, for the most part, rich and rotten) ruined it.
Oh, I'm sick of doing Japanese things. In jail they made us be in this dumb Kabuki play about the Forty Seven Ronin, and I wanted to be Oshi, but they made me Ori! |
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subrosa
Location: SF, CA
Gender: Male
Some people are just plain weird.
| | | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 32 on 4/3/2008 1:24 AM >
| | | | Posted by Sestet
before the Bardies (who are, for the most part, rich and rotten) ruined it.
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Smile when you say that, partner.
Actually Bard wasn't totally overrun with rich kids & jocks when I was there... '88-'91. There were some - always have been - but not enough to create an overriding impression, they were still pretty much a curiosity. There were still a few open fields and woods left without buildings dropped in the middle of them, as well. Nowadays when they call to ask me for money (I have no idea how they got my number) I tell them if they need a few bucks, they should build a few less buildings and lecture them about the good ol' days.
I lived in the Bellows House (http://www.hrvh.or...=/bard&CISOPTR=311), right next to the waterfalls out on Kidd Lane on the edge of Tivoli Bays, for a few months after graduation. Most amazing building I've ever lived in. 150 years old, 12' ceilings, hardwood floors, marble mantlepiece in every room, $235/month. I lived in the library. It was awesome.
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Sestet
Location: Hyde Park, New York
Gender: Female
A long time ago, I saw a child playing with a tangerine, the size of a tangerine.
| | Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 33 on 4/3/2008 2:16 AM >
| | | | Posted by subrosa
Smile when you say that, partner.
Actually Bard wasn't totally overrun with rich kids & jocks when I was there... '88-'91. |
This might explain why I don't recall that time. I think '91 was the year I was toilet trained. Or maybe I'm just snotty and don't get along well with rich college kids, probably since I go to a state school for lack of money. Tivoli's architecturally a nice place and all, it's just I don't generally cotton to snotty, rich, college business-major jock idiots.
Oh, I'm sick of doing Japanese things. In jail they made us be in this dumb Kabuki play about the Forty Seven Ronin, and I wanted to be Oshi, but they made me Ori! |
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