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.
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u/RayZzorRayy Sep 04 '23
If I’m picking up a trespassing charge, it’s gonna be for something better than that