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  #1 (permalink)  
Old 08-04-2008, 07:57 PM
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Unhappy Tresspassing law and my rights

I come to a community college to recycle bottles and cans but I was assaulted by another collecter and both of us recieved 7 day suspensions. After my 7 days were up, I came back to recycle without a problem from other officers for several days. On a Sunday afternoon, a officer pulled up along side of me and questioned why I was here. He said I was no longer welcome and this was as result of the previous incident with the collecter then he said if I don't have officail business to be here then I'm tresspassing. I tried to explaind why I should be here and he continully threatened to take me to jail. I noticed this officer who was the second one to respond to the previous incident did not like me but I cooperated with the officer and submitted my ID. I was upset because this made the situation worse for me. He suspened me for another 7 days and wrote a case number on the 7 day citation. He told me "Im just adding to your paper trail" and I can't come back after every 7 day suspension. He requested my signature on the citation and I asked him if I had to sign this and he told me, "you don't have to but if I see you next time I'll just arrest you". I signed this paper which reads I can't come back for 7 days after being directed to do so or I could be charged with a misdemeaner under a penal code. I returned after this suspension was up to recycle and other officers see me and continue patrolling. The Chief of campus police on foot saw me and continued on. I want to know If can continue to come back without being arrested. Do I have to cooperate next time? Before when another officer asked me wheather I'm a student/not a student, this is private propery, I can take you to jail etc, I told the officer I'm leaving and left without any problem. Can I sill do this? I'm very concerned about my well being on this campus and I don't want to do time or have this reflect on a record.
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  #2 (permalink)  
Old 08-04-2008, 09:29 PM
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Quote:
Originally Posted by Robert K. View Post
I come to a community college to recycle bottles and cans but I was assaulted by another collecter and both of us recieved 7 day suspensions. After my 7 days were up, I came back to recycle without a problem from other officers for several days. On a Sunday afternoon, a officer pulled up along side of me and questioned why I was here. He said I was no longer welcome and this was as result of the previous incident with the collecter then he said if I don't have officail business to be here then I'm tresspassing. I tried to explaind why I should be here and he continully threatened to take me to jail. I noticed this officer who was the second one to respond to the previous incident did not like me but I cooperated with the officer and submitted my ID. I was upset because this made the situation worse for me. He suspened me for another 7 days and wrote a case number on the 7 day citation. He told me "Im just adding to your paper trail" and I can't come back after every 7 day suspension. He requested my signature on the citation and I asked him if I had to sign this and he told me, "you don't have to but if I see you next time I'll just arrest you". I signed this paper which reads I can't come back for 7 days after being directed to do so or I could be charged with a misdemeaner under a penal code. I returned after this suspension was up to recycle and other officers see me and continue patrolling. The Chief of campus police on foot saw me and continued on. I want to know If can continue to come back without being arrested. Do I have to cooperate next time? Before when another officer asked me wheather I'm a student/not a student, this is private propery, I can take you to jail etc, I told the officer I'm leaving and left without any problem. Can I sill do this? I'm very concerned about my well being on this campus and I don't want to do time or have this reflect on a record.
First of all, you said you were assaulted by another person there --yet you both received sentences. My presumption is that you and another person fought with one another---or else HE would have been charged and you would not have been. You need to be accurate about what happened---it has a bearing on the information you receive in response.

Who sentenced you to "seven days" suspension? Were you charged with trespassing? If you were charged with trespassing, it is implied they do not want you there any longer. Just because a few officers walked past and "didn't say anything" doesn't mean your behavior is acceptable. If there is some doubt as to if you are allowed to be there any longer, go to the entity ( judge, magistrate) that sentenced you in the first place and ask for clarification, so, if in the future you are allowed to be there, you will be able to state unequivocally to Officer Not-So-Friendly that judge so -and- so gave you specific permission to return as long as nothing untoward or disruptive was happening.

Your posting is labeled "trespassing"--but you do not say if you were charged with trespassing. If so, it is a safe bet you should not return, period. Also, your posting says you tried to "explain why I should be here"---what legal reason could you possibly have that would justify trespassing on private property? I am not sure what you mean by that sentence.

Bottom line: If you aren't certain as to the legitimacy of your position , verify it with the superiors who know.

A few cans aren't worth going to jail over.

Good luck.
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Old 08-05-2008, 06:30 PM
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Question Reponse to tresspassing law and my rights

When I was collecting, a female collector got upset and tried to take my bags of cans. I pulled her hands away from my bags and she continued to go after my bags then she grabbed my shirt and repeatedly pulled as I tried to push her hands off my shirt. I was able free myself after pushing her hands away from my shirt which ripped a piece off. Nearby students were able to stop her from advancing till the campus police arrived. The first campus police officer that arrived asked what happened and who was a witness. I explained my side and student backed up what I said about the incident and the officer told me and the second officer who arrived at the scene that I was a victim. The first officer asked me what I want to do and I wasn't sure what action I could take. Then the officer spoke to the other collecter and discussed the issue with the second officer. The second officer took my picture and her picture as well then we were both given 7 day suspensions by the first officer who arrived. I tried to argue the suspension but I signed the paper and went on my way. Both of us were not arrested or charged with anything like a misdemeaner or felony. We were cited and signed a paper to leave the campus for 7 days or else we could be charged with a misdemeaner for returning during the 7 day suspension. I can give you the penal code number listed on the paper if that helps. I don't know what legal reason I can explain why I should be on the campus but I just want to make some extra income and I don't feel like I'm tresspassing for recycling. The college is not closed to students only; the college rents out their facilities to other schools, organizations, clubs etc to use and plenty of people non-students/students come to the college for various reasons.

The second officer who arrived to the original scene cited me with another 7 day suspension for tresspassing a week later as a result of what happend with the collecter and other reasons I explained in my first posting.
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Old 08-05-2008, 06:31 PM
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Join Date: Aug 2008
Posts: 3
Question Reponse to tresspassing law and my rights

When I was collecting, a female collector got upset and tried to take my bags of cans. I pulled her hands away from my bags and she continued to go after my bags then she grabbed my shirt and repeatedly pulled as I tried to push her hands off my shirt. I was able free myself after pushing her hands away from my shirt which ripped a piece off. Nearby students were able to stop her from advancing till the campus police arrived. The first campus police officer that arrived asked what happened and who was a witness. I explained my side and student backed up what I said about the incident and the officer told me and the second officer who arrived at the scene that I was a victim. The first officer asked me what I want to do and I wasn't sure what action I could take. Then the officer spoke to the other collecter and discussed the issue with the second officer. The second officer took my picture and her picture as well then we were both given 7 day suspensions by the first officer who arrived. I tried to argue the suspension but I signed the paper and went on my way. Both of us were not arrested or charged with anything like a misdemeaner or felony. We were cited and signed a paper to leave the campus for 7 days or else we could be charged with a misdemeaner for returning during the 7 day suspension. I can give you the penal code number listed on the paper if that helps. I don't know what legal reason I can explain why I should be on the campus but I just want to make some extra income and I don't feel like I'm tresspassing for recycling. The college is not closed to students only; the college rents out their facilities to other schools, organizations, clubs etc to use and plenty of people non-students/students come to the college for various reasons.

The second officer who arrived to the original scene cited me with another 7 day suspension for tresspassing a week later as a result of what happend with the collecter and other reasons I explained in my first posting.
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  #5 (permalink)  
Old 08-05-2008, 07:34 PM
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I appreciate the additional information, but I dont understand how you went from being the victim of this woman to both of you being punished equally.

I would contact the superior officer of the officers in question and ask him or her definitively if you have permission to be there. If granted, ask him or her to notify the officers you have dealt with and make them aware that you have permission and you do not expect to be harassed further. However, if permission is not granted, I would cease. Recycling is great, but not if it lands you in jail. Good luck.
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