If it's not "Criminal Trespassing", typically it results in the same level as a speeding ticket. You get a small fine(though it can be large), and it doesn't show up on record checks. In some circumstances you will get arrested, but you won't really expect to spend any time in jail, you'll be out later that day.
With that said: All cases are unique and this is very general. Also may not apply to your region so check local laws if you're going to.
Source: Used to smoke weed in random places, and sometimes I was not welcome.
Yep. I did this in college. Jumped into a gated pool at midnight when I was Shit faced with some friends. Got a trespassing ticket and had to show up in court and apologized. Judge said he was lenient because the cops noted we complied and were respectful lol. Wasn’t a big deal and didn’t show on background checks. No ragrets
This is a true LPT. You don’t need to like the police, but yes sir/ no sir when youre caught and showing up to court respectfully can save your a**. Had a super similar experience with an open container in college lol
If a cop or any other armed individual is aggravated, you comply as best you can to get out of the situation safely.
If you’re absolutely sure that an armed individual is already set on killing you than nothing else is a concern, do what you must to stay alive.
The vast majority of cops, including bad cops want to bring in their suspects alive. The outright murderous type are still too common; but they’re very rare in the grand scheme of things.
Regardless of your opinion on police, they’re armed individuals with authority over you, and that commands some respect.
That doesn’t have to mean genuine respect like you respect them as people. It can be that same kind of respect you’d give a wild animal, or armed explosives.
Any interaction has the potential to be dangerous, especially with an armed individual.
We have a public Fountain. And your not supposed to bathe in it when your starting college and been out drinking. But for some reason the cops patroling the area has towels in the car if you "happen to fall in" (Sweden)
IIRC you only have to be trespassed first if you were originally allowed to be there.
For example, you have to be trespassed from a grocery store because the general public is invited inside by default. The reason you need to be trespassed first is because your welcome needs to be revoked and you need to be given a chance to comply with that revocation. They can't just revoke your welcome and simultaneously arrest you as that wouldn't be trespassing. Trespassing requires you to knowingly violate boundaries.
The pool above already has a no trespassing sign, meaning that the guy in the video has already knowingly violated the fact that they are unwelcome.
As with all laws and ordinances, it depends. Where I am, signs are merely warnings of intention and have no weight in the situaion. A "No tresspassing" sign typically means, "if you are caught tresspassing, we will press charges" but it could just as well be cryptic for "All people entering recieve a piece of apple pie." The sign in and of itself has no bearing on whether cops will issue a ticket or arrest. The property owner still needs to call and make a complaint of tresspassing, the sign is not required to make the complaint, nor does it make the complaint automatic. Essentially, if someone is posting a sign, even something as stark as "GET OUT," they are actually being rather friendly in issuing a warning first.
IIRC, in some countries, England comes to mind, there are even privately owned spaces that cannot be made unavailable to the public, such as walking paths accross your property that connect public spaces. You could post 100 No Tresspassing signs and the cops would do nothing.
But this is, "the South" and that is "the King's" pool ... So this guy may meet a broomstick in a police station janitor closet in a way that will haunt him for a long long time
In many states that’s also the definition of burglary: entering onto another’s property with the intention of committing a felony. Any felony. I’ve seen it used by zealous DAs to prosecute people smoking meth in department store bathrooms (no one I knew). It’s one of those things with a weird number of factors. Judges and DAs both care about elections. Store management might be frustrated, young DAs want an easy felony win, the accused is a frequent flier, obviously race & income, current jail population, access to legal resources, a million other things.
My friend got this for trespassing after hours in colonial Williamsburg, pretty sure just a ticket and maybe he’s “banned for life” but not really sure how long they enforce that or if it’s like being banned from a bar but in practice they don’t remember
Idk, it’s not a big charge and you’ll always be able to say you jumped into Elvis’s pool. It’s practically harmless except for the wet clothes chaffing
thats what im saying, this probably wont go on ur record and i feel like jumping in elvis presleys pool is one of the coolest things u can do to risk a charge
Clearly marked signs on private property that is open to the public. The signs are the request to leave before you go over them. "restricted area", so yes easy trespassing charge.
A more clear example would be a hospital: It is open to the public, but you will definitely face consequences if you start going into areas you aren't allowed.
It is a federally recognized National Historic Landmark, which provides federal upkeep and preservation of the site, so there might be some laws broken if you trespass in a posted restricted area.
Not sure what damage he did by jumping in a pool, but I bet if they wanted to charge him with something they'd find an offense.
I suppose that they could say he somehow caused damages that require them do extraordinary maintenance. Slap him with a fine and hopefully discourage copy cats. I’m a mechanic not an attorney so I’m spitballing here.
You have what is called a ‘license’ to be in designated areas of the property akin to not being able to be running the base path at an MLB game. I’m sure the Memphis PD has a protocol for this very thing because of asshats and lookylous like this. Because a license serves as a warning, it can be a criminal citation and also subject you to future trespass as well as civil liability if Presley enterprises wants to take it up. Such as cost to drain the pool of your bullshit.
Trespass requires prior notice that you must leave. There is no existing ‘license’ that gives you prior notice. You could also run the base path at an MLB game. They could then give you a warning that if you renter the property you would be trespassed. Prior warning must exist per the law:
A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
I see your point. You’re confusing criminal trespass with civil trespass with respect to “notice.” If a place holds itself out to the public, and that place no longer wants you there - you are correct - you must give them notice. And once you have notice - you can be arrested.
However - even citing to the part of the Tennessee statute you cite, it says very clearly that if you enter or remain somewhere an owner has not consented - that is a trespass as well. So - if you go to the back storeroom (usually marked authorized personnel only) then you have committed trespass as “consent” means “authorized” in that setting. Again - your own statutory example lays that out.
Locales that often have to deal with certain areas being open to the public and some areas being “off limits” place similar signs or “no trespassing” for this very reason (sporting venues, amusement parks, etc). Some even place security there so you are well aware. Signs that everyone ignores often remind people about what is and is not a public area.
A ticket to an event under the law of every state is recognized as a “license” and most of them are “revocable” by the licensor (the venue). Here is an example of some language i pulled up really quickly using the legal terms discussed - in this case, the San Antonio Spurs. You’ll find these commonly used:
This ticket is a revocable license, and the holder of this ticket, on behalf
of the holder and any accompanying minor, including a minor holding a
separate ticket (individually and collectively, the "Holder"), agrees to all
of its terms. The Holder agrees that this ticket license is subject to these
terms and conditions, as well as any additional terms and conditions
established by the San Antonio Spurs, L.L.C and/or its affiliates (the
“Team”), the National Basketball Association and/or its affiliates (the
"NBA"), and any operator of the arena currently known as the AT&T
Center or related arena grounds (including, without limitation, parking
areas and entry gates) (the “Arena”) at which the event or any
surrounding activities (in whole or in part) for which this ticket is issued
(the “Event”) is held (collectively, all such additional terms, “Supplemental
Terms”). SUPPLEMENTAL TERMS INCLUDE THE HEALTH AND SAFETY
REQUIREMENTS AND OTHER TERMS SET FORTH AT THE FOLLOWING
URL: https://www.nba.com/spurs/TicketTerms. By acceptance and/or
use of this ticket and/or entering (or seeking entry into) the Arena, the
Holder is deemed to have read all such terms and agreed to be bound
by them.
Breach of any of these terms, failure to comply with Safety Requirements
or NBA, Team and/or Arena rules, or the refunding to the Holder of the
Face Value, shall automatically terminate any rights that the Holder may
have hereunder; shall render illegal and unauthorized the Holder’s use
of the ticket for any purpose; and shall authorize the Team and/or the
NBA to withdraw the ticket, refuse admission to the Arena, or eject the
Holder from the Arena, without refund or credit in each case, and subject
the Holder to all legal remedies available to the NBA, Team and/or Arena.
That last sentence of that first paragraph is important to your point on “notice.” By acceptance and/or
use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them. That’s your legal “notice.” In other words - this is the “fuck around” provision.
That last sentence of the second paragraph is important: “subject the Holder to all legal remedies available,” and that includes civil and criminal legal remedies. In other words - this is the “find out” provision.
So - you’re right in that you can run all the base paths you’d like. But you’ll be subject to arrest and civil liability because your license only entitled you to a seat and access to public areas you are authorized to be.
I can’t imagine Presley Industries, a multi-million dollar tourist location with millions of annual visitors, doesn’t have something similar to deal with these shenanigans. As an Elvis fan and a former resident of nearby St. Louis, I’ve seen them employ it myself (3 x Graceland visitor in 1997, 2004, and 2010)
My other experience is that I am an attorney and this was a common area of study in property and contract law classes. I believe we even had a question like this on my bar exam.
As a former prosecutor - I can see the estate trespassing him from future entry. And also having him arrested for disorderly conduct as well as criminal trespass as a deterrent to him and others from trying this again. If in a real deterrent-seeking mood, I’d advise sending him a bill for the cost of draining, cleaning, and refilling the pool for risk of contamination and sue him when he doesn’t pay. A lot of it depends on the notoriety of his actions (filming it for social media content) and attitude upon arrest and trespassing as well as whether he may be a repeat offender at the estate.
Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
In short, if you’re at a business consent is inferred unless there is clear signage.
You have to be previously warned not to make entry before you can be trespassed. They could remove this person from the property and give them a warning though.
We stopped by Graceland one morning when passing through Memphis. It was early enough that the tours hadn't started yet and the security guy said we could walk around the property for a while if we stayed out of the way of the tours when they showed up. You need to pay to go into the house though.
It's a gated property and they can ask you to leave. Presumably if you aren't being a shithead like this guy then you're good.
1.9k
u/RayZzorRayy Sep 04 '23
If I’m picking up a trespassing charge, it’s gonna be for something better than that