Author Topic: Know Your Laws: Trespassing--Ask the Ace Attorney  (Read 8128 times)

Offline Chris Seaton

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Know Your Laws: Trespassing--Ask the Ace Attorney
« on: October 28, 2010, 11:08:30 AM »
PLEASE READ CAREFULLY BEFORE POSTING.

I'd appreciate it if someone who has mod powers would sticky this for future reference. 

A recent front page article concerning some traceurs in Ireland who faced court charges for trespassing sparked my interest in writing a front page APK piece concerning what constitutes trespassing.  Because of my position in the community, and my professional status as an attorney, I feel a need to make sure my brothers and sisters in the movement understand what exactly constitutes trespassing and how you can comply with the laws. 

I have submitted an initial article for front page consideration that will hopefully be posted soon.  It covers the basic definition of trespassing and how it can affect you while training.  That being said, I would like to open the doors to you, the APK community, as far as the subject of trespassing is concerned. 

So that being said: What questions do you have about trespassing? 

Before you post, here are the guidelines: 

1. Do not ask for specific legal advice concerning a situation.  I am not allowed to provide such advice, and will not place myself in a position where a potential attorney-client relationship could be construed. 

2. Make your question as coherent as possible.  This means using punctuation for a change, proper capitalization, spelling, and grammar. 

3. Please do not ask questions that are specific to a particular state.  I am licensed to practice in one jurisdiction at the present time: Tennessee.  While I am working on expanding that base, if I answer a question that involves another state's laws I could be hit with a charge of "Unauthorized Practice of Law," which could lead to a revocation of my license.  So it's not going to get answered. 

This thread will stay up for one week, I will collect the questions that fit the three requirements listed, and then write a new piece that will answer those questions as best possible. 

Hit me with your best shot, people :)

--C
« Last Edit: October 28, 2010, 11:10:46 AM by Chris Seaton »

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Offline David Lout

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #1 on: October 28, 2010, 11:24:03 AM »
What are the punitive measures given if one is caught on a property where there is a "No Trespassing" sign? Does that constitute a fair warning, and therefore punishment for not leaving when the police arrive?
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Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #2 on: October 28, 2010, 11:52:09 AM »
What are the punitive measures given if one is caught on a property where there is a "No Trespassing" sign? Does that constitute a fair warning, and therefore punishment for not leaving when the police arrive?

I am quoting this to show what a proper question should look like. Nicely done.

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Offline Josh Boggs

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #3 on: October 28, 2010, 12:17:26 PM »
I am quoting this to show what a proper question should look like. Nicely done.
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Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #4 on: October 28, 2010, 01:03:01 PM »

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Offline John George 'JG'

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #5 on: October 28, 2010, 08:33:43 PM »
Is there a chance of getting charged with Disorderly Conduct for practicing Parkour if we get stopped by an irate officer? This is concerning only the act of practicing Parkour, and not how the Traceur acts towards the officer.
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Offline jp2ykz

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #6 on: October 29, 2010, 01:18:32 AM »
I'm not sure if this first question falls under state law or if it is common to all states but my second question should apply nationally. As far as the rest of them, they should all be the same everywhere but I'm no lawyer so I don't know and hence I am asking.

Can you be charged with trespassing on state property when there are no signs and the area is open to the public?

Can you be charged with trespassing on federal property when there are no signs and the area is open to the public?

Are there additional penalties for trespassing on federal property?

What kind of offense is trespassing. I.e. misdemeanor, felony etc.?

What are some common penalties for trespassing?

Are you aware of any cases of extreme penalties for trespassing being handed down in the courts?
 
If you are told to leave state or federal property, how long do you have to leave for if no time frame is specified?

If there are signs prohibiting certain activities but that do not specifically prohibit parkour, dose that constitute fair warning?

What is fair warning?

Do you have to be warned to leave or stop doing parkour on a property that is otherwise open to the public in order to be charged with trespassing?   

Can dangerous activities supersede the need to be warned?

Dose parkour necessarily constitute dangerous activity?

 
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Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #7 on: October 29, 2010, 11:28:58 AM »
I'm going to call you JP for sake of ease. 

All of those are good, and I may answer more than one of them. 

Keep 'em coming, people.  You're sparking my curiosity.

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Offline Anthony Ruiz

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #8 on: October 29, 2010, 06:32:32 PM »
I havent seen an answer maybe im just not understanding this.
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Offline unger

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #9 on: October 29, 2010, 06:40:23 PM »
I dont understand your posting here to answer our questions, but you cant answer any questions that we ask you?

Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #10 on: October 29, 2010, 08:35:08 PM »
*sigh*

Read the original post. 

This thread is here to collect the questions so that I can answer the most intelligent and coherent ones in a front page APK post later.

They will not be answered on the forum. 


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Offline PicturesOnTheWall

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #11 on: October 29, 2010, 09:07:05 PM »
LOLOL N00BS JUST DO A BACK FLIP OVER THE COP CAR
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Offline Andy Keller

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #12 on: October 29, 2010, 11:15:58 PM »
LOLOL N00BS JUST DO A BACK FLIP OVER THE COP CAR

Example of what NOT to post. Pictures, please refrain from nonsense.
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Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #13 on: October 30, 2010, 03:15:16 AM »
Thank you, Andy. 

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Offline hfksla

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #14 on: October 30, 2010, 05:22:46 AM »
If a store recently closed down, and is unoccupied. Is it legal to train there? In other words, is it considered trespassing?
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Offline RadicalFacePlanter

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #15 on: October 30, 2010, 07:34:28 AM »
Have to ask, but is it ok to build equipments on private property if there are nobody residing, improving, or claiming property there for at least 3/4 miles radius?  (I think the timber company probably owns it since west virginia is full of trees and if not, then government owns it.)

Offline Jacob Carter

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #16 on: October 30, 2010, 08:04:56 AM »
If you were being chased and needed to go on private property to get away to a safe location (e.g. rooftops) could you still be charged with trespassing if caught there?
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Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #17 on: October 30, 2010, 09:03:16 AM »
If you were being chased and needed to go on private property to get away to a safe location (e.g. rooftops) could you still be charged with trespassing if caught there?

This is a really good one and I'm marking it down for use because it's something that us traceurs have a legit need to know for our training.  At least I think so anyway.

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Offline Patrick Witbrod

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #18 on: November 01, 2010, 05:33:36 AM »
If you were training at a public park with no one around that you could see and out of nowhere a child between the ages of 6 and 14 appears. Not seeing the child in time you fall on or vault into or roll onto. Could you get into legal trouble and if so how severe could it become? Would it be a criminal charge like assault or reckless endangerment or would it be a civil charge where you would have to pay restitution or both?

Offline Chris Seaton

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Re: Know Your Laws: Trespassing--Ask the Ace Attorney
« Reply #19 on: November 01, 2010, 05:42:55 PM »
If you were training at a public park with no one around that you could see and out of nowhere a child between the ages of 6 and 14 appears. Not seeing the child in time you fall on or vault into or roll onto. Could you get into legal trouble and if so how severe could it become? Would it be a criminal charge like assault or reckless endangerment or would it be a civil charge where you would have to pay restitution or both?

Patrick, this is a really good question.  However, I'm not going to answer it in this upcoming article, because it doesn't have to do with trespassing. 

Fret not: there's another article coming which will (hopefully) answer this question for you later.

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