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 Neil T
   
Location: Toronto
Gender: Male
 |  |  | Getting Caught and Trespassing on Public Property?
< on 4/6/2010 3:24 PM >
|  | | | A couple of UE's were recently caught in Toronto: http://www.thestar...-foray-into-sewers
I was wondering what the charge on these guys would be, as well as maybe some background on trespassing laws on public property like drains, sewers, or buildings owned by the municipality. Any thoughts?
I am Bidong blog. Traveler. Urban Explorer. Gentle Lover. http://www.iambidong.com |
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chris_007
 
Location: Connecticut
Gender: Male
The person I am..hates the person I have been.
| | Re: Getting Caught and Trespassing on Public Property?
<Reply # 1 on 4/6/2010 3:32 PM >
| | | | well it say's what they were charged with in the article "Both face charges of mischief to interfere with property."
I am not sure what the result of the charge could be..I know around my area they simply give you a 94 dollar ticket and tell you they'll be watching you in a stern voice.
"The older they are the longer they last" |
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metawaffle
   
King of Puns
Location: Brisbane!
Gender: Male
Purveyor of Fine Lampshades
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 2 on 4/6/2010 3:32 PM >
| | | | People seem surprised so far that they were given any kind of meaningful charge, given that they were obviously not out to cause grief. I guess we wait and see how things turn out for the guys.
http://www.longexposure.net |
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Neil T
Location: Toronto
Gender: Male
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 3 on 4/6/2010 3:37 PM >
| | | | I think that two things hurt them:
1) some concerned citizen called it in (so there has to be a report of it)
2) the trespass was at night
But how are you trespassing if it is public land in the first place? I guess that's where they get you with "mischief". It doesn't seem like they were there to interfere with anything.
I am Bidong blog. Traveler. Urban Explorer. Gentle Lover. http://www.iambidong.com |
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Mickael
 
Moderator
Location: Canada
Gender: Male
| | Re: Getting Caught and Trespassing on Public Property?
<Reply # 4 on 4/6/2010 3:45 PM >
| | | | Also, mischief is a criminal offence that can (but will unlikely) get you thrown into prison for up to five year.
Public mischief
140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Punishment
(2) Every one who commits public mischief
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 140; R.S., 1985, c. 27 (1st Supp.), s. 19.
Need forum-related help / Besoin d'aide reliée au forum ? Contact a moderator |
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bfinan0
Location: Rochester, NY
Gender: Male
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 5 on 4/6/2010 3:48 PM >
| | | | Which one of these does entering a sewer even qualify as?
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Steed
Location: Edmonton/Seoul
Gender: Male
Your Friendly Neighbourhood Race Traitor
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 6 on 4/6/2010 3:48 PM >
| | | | Oh come on, let he who does not have a mischief charge cast the first stone.
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bfinan0
Location: Rochester, NY
Gender: Male
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 7 on 4/6/2010 3:53 PM >
| | | | Posted by Steed
Oh come on, let he who does not have a mischief charge cast the first stone.
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I just think that with this definition of the law, they're completely innocent, even if just on account of the charge not matching the (lack of an) offence.
Also, there is a mischief charge in my state, and it is somewhat relevant.
S 145.00 Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned
building as defined in section one thousand nine hundred seventy-one-a
of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount
exceeding two hundred fifty dollars.
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Loki
Location: Melbourne, Australia
Gender: Male
| | Re: Getting Caught and Trespassing on Public Property?
<Reply # 8 on 4/7/2010 7:11 AM >
| | | | The most serious time I was busted I waited till the older officer was out of earshot and asked the other one what they intended to charge me with, the look on his face as he tried to think of something was priceless.
Wank | Wank | Wank | Wank | Wank | Wank |
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hatsumi
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 9 on 4/7/2010 8:03 AM >
| | | | (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
i think they should investigate the person who called in it.
drainasaurus maximus |
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\/adder
Location: DunkarooLand
Gender: Male
I'm the worst of the best but I'm in this race.
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 10 on 4/7/2010 11:25 AM >
| | | | Posted by Mickael
Also, mischief is a criminal offence that can (but will unlikely) get you thrown into prison for up to five year.
Public mischief
140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Punishment
(2) Every one who commits public mischief
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 140; R.S., 1985, c. 27 (1st Supp.), s. 19.
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If only the police were subject to their own laws...
[last edit 4/7/2010 11:25 AM by \/adder - edited 1 times]
"No risk, no reward, no fun."
"Go all the way or walk away"
escensi omnis... |
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Mr_Fiend
Location: Tulsa, OK
Gender: Male
Infiltration Expert...
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 11 on 4/7/2010 4:50 PM >
| | | | Total bullshit! A prime example of dick cops. Any experienced cop would have let them go, and certainly not have charged them with anything. At least thats the way it should be anyways.
Has anyone ever read a law that says you can be charged if entering a sewer? Storm or sanitary? I sure as hell havent. Most of the storm sewers where I'm at are "underground creeks" which were above ground at one point, and last time I checked thats public property that anyone has a right to be in and around. Obviously if there is some sort of posted signage as to detour entry then the cops "could" have a case against you.
The few times a "concerned citizen" aka "pussy tattletale" has spotted me accessing a drain, I simply wave my crowbar at them and smile, then spend a good couple of hours underground until the cops (if called) have given up trying to find me. I've even talked to a few local cops about drains, they said they wouldnt follow someone down there unless they were some murder suspect or something and even then they still dont like the idea of going in sewers.
https://abandonedo...bout/the-aok-team/ |
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terapr0
Location: Sauga City
Gender: Male
www . tohellandback . net
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 12 on 4/15/2010 5:23 PM >
| | | | Posted by Mr_Fiend
Has anyone ever read a law that says you can be charged if entering a sewer? Storm or sanitary? I sure as hell havent. Most of the storm sewers where I'm at are "underground creeks" which were above ground at one point, and last time I checked thats public property that anyone has a right to be in and around. Obviously if there is some sort of posted signage as to detour entry then the cops "could" have a case against you.
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A lot of the storm drains around here have signs telling you to keep out....manholes tend not to have the same signage however
That being said, the sign warns of prosecution under the trespass to property act, nothing about mischief. And yea, based on the definition of their mischief charge, I think a good lawyer will have them off in no time. Just a shame he'll likely charge a lot of $$$ to do it.
www.tohellandback.net |
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terapr0
Location: Sauga City
Gender: Male
www . tohellandback . net
| | | Re: Getting Caught and Trespassing on Public Property?
<Reply # 13 on 4/15/2010 5:26 PM >
| | | | oh, and in this case, I think the charge was levied against them because the authorities DID pursue them underground. It was a complete over-reaction that should never have happened, but yea, they did actually send down a hazmat rescue team which costs big $$$. I think the cops just felt stupid and had to come up with something to justify the money they just cost the city "rescuing" these people so obviously not in need of assistance.
www.tohellandback.net |
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SmashingSammie
Gender: Female
| | Re: Getting Caught and Trespassing on Public Property?
<Reply # 14 on 4/16/2010 8:40 PM >
| | | | | "But how are you trespassing if it is public land in the first place?" |
I guess this might be up there with the reason it is considered 'trespassing' in a small, public park after 10pm?
In my small town, the park 'closes' at 10pm. I was out on the walking trail with a friend around midnight when a cop pulled up and informed us of this. There are no signs posted and it isn't 'gated land.' There isn't a thing to shut down or close. It is open land with trees and a graveled loop to walk on.
O_o
Go figure about public places?
Then again, it was a drain after all. If it were the land itself, then that would be more confusing.
[last edit 4/16/2010 8:43 PM by SmashingSammie - edited 1 times]
~Sammie |
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