Is a criminal trespass affidavit enforceable to any persons at a city public park? Can someone after being warned not to return to the park be arrested for the affidavit.  Does this violate his 1st amendment right of peaceable assembly.  This person does not violate any laws or park regulations, he just sits at the park because he's homeless and has no where to go.
216741
The vagrancy laws are being upheld by warning the homeless man(a vagrant) to not come back, peaceful assembly is not sleeping on a park bench.
603087
Contact your local by-law enforcement office, usually located in city hall, and discuss the practice with them. If it contravenes a local ordinance they will probably make a visit and advise the person to cease.
439596
Not if he didn't sign a lease and his name isn't on the Note.  He doesn't have any right and you can have him arrested for trespassing.
623699
In the United States, a convicted felon may not buy or possess a firearm. A felon also forfeits the right to vote. This is true in all states and true of all felonies. A pardon from the governor of the state or the President of the United States would overrule the felony conviction and therefore overrule any rights forfeited.
491584
There are three levels of crimes. Felonies (the worst), misdemeanros (in the middle), and citations/violations of local (city or county) ordinances.\n\nSpeeding tickets and parking tickets are both examples of violations/citations. So is jay-walking, littering, and many other minor crimes. However, like any other matter, ignoring it will only make things get worse. The citation will include instructions on what you are charged with, and how you can respond.\n\nFollow the instructions. If you think it's really wrong, consult with an attorney.
415922
Nope. Technically, a criminal is someone who does something wrong legally. He's taking a legal action, government has the right to war. It's not illegal.
355291
The officer wasn't trespassing because he was there for a legal reason (to talk to the suspect). Since the officer was lawfully present in the area, the plain-view docterin does fall into play. \n\nIf the officer had no reason to be at the house, which you already stated he did, then you could argue that he had no lawful reason to be present on the house property. Look up the definition of curtalige, which I spelt very wrong. The rough definition is that curtalige is the area around the house, ie yard, that falls under the reasonable expectation of privacy (REOP) under the 4th ammendment. \n\nI think from the details you gave, the law is on the officer side simply because he had a reason to be there in the first place and if whatever was illegal was able to be seen through the windows, then he wasn't acting unlawfully. \n\nI am not one to help out people who are guilty of crimes, but I also do not like it when some officers forget what they learned in training and disreguard people's rights. Thats why I gave this information. My personal opinion is that I hope the officer did everything right so the case sticks and the one who is charged pays his due. \n\n\nLook up this stuff to clarify what I tried to say:\nLawful presence\n4th ammendment (right to search and seizure)\nCurtalige\nPlain-view doctrine\nReasonable Expection of Privacy  REOP
92693
Wow.\n\nFirst of all, are you saying that a body wire in Washington State requires judicial authorization?  If that's what you are saying, do you *know* it to be true? (if so, please explain).  It's not required in California, but I know Washington has some different laws about recording conversations.\n\nAfter reading the rest of your question (what is your question, by the way?), I'm not sure I'm seeing what you need to know.  As I read the details of what you're calling the "first P.C.", I don't see any constitutional problems with it.  It's certainly not the way I'd run a CI buy, but I don't see anything defective about it.  Probably gonna' be a good argument for a defense attorney as it relates to chain of custody for the drugs, but I don't see anything "wrong" with what you're describing here.\n\nI also don't know what a "Seatons Safe" is, so maybe that would help.\n\nI guess I can take a stab at the answer, though:\n\nAssuming probable cause (i.e., judicial authorization) *is* required for a body wire, I don't see where you've established here in your question that there's anything false in the probable cause.  \n\nHearsay is normally perfectly admissible in probable cause hearings (at least in California) and I'd be surprised if it isn't in Washington.  \n\nBut...assuming everything you said is true and accurate...\n\nOrdinarily, if the probable cause for something is found to be false (and that's a difficult thing to deal with on Yahoo Answers, without all the details...what you think of as false might only be an unfortunate turn of events that nobody could foresee), then whatever comes of that probable cause would more likely than not be tainted under the fruit of the poisonous tree doctrine.  I don't think the hearsay issue enters into the discussion.\n\nAs for cases you can cite (note spelling), I can't help you with that.  You're really going to need an attorney to help you out with that; if you're being charged with something where you think these issues exists, you don't want to try representing yourself...there are too many finer points here for a layperson to have knowledge of.
506525
trespassers will be violated
436356
If the "trespass" is the owner,owner's immediate family, it is OK. ,but I have always found good landlords notify their tenants. If it is anyone else, save your "face" and put up a NO TRESPASS sign,in a visible place. But as a tenant, it is always better to keep the peace. The trespasser may be a neighbour who has taken the "short-cut" through the property for years! Use your better judgement. In a "leased" property, you must READ the Terms and Conditions to know your legal rights. Didn't you do that before you signed? If you have no written lease, then your "shit-out-of-luck"!
487409
Yes.  It depends on the charge and your location.  Go to a search engine and type in the name of your state, then 'state judiciary home page' and hit 'search'.  It should pull up the home page with the laws for your state.  You can look at the laws regarding abuse, sentencing, etc.  If someone is being abused, you need to talk to them and help them find the strength to leave themselves.  Otherwise they'll just go back because that's what they know, that's what's safe.  I've been there.  Be there for them.  Talk to them.  There are also restraining orders, which can be taken out at your local court house.  They're very cheap and affordable.  The police are also more than happy to put a trespassing warrant on your property for you, so if somebody walks onto your lawn, you can simply phone and have them removed without dirtying your hands.  Good luck.
498053
Defense for transporting pot is very hard to prove especially when the arrest was made on positive possession.  Anyway, there is a mitigating circumstance for admission, minority or turning as state witness.
86165
Not sure what your question means, but...\n\nGenerally there is no punishment for individual officers conducting an illegal search.  However, under the 4th and 14th amendments to the U.S. Constitution, any evidence arising from an illegal search cannot be used in court against the individual whose rights were violated (i.e. the person whose property was searched).  It is a fundamental principle in criminal law called the Exclusionary Rule.  It indirectly punishes and deters unreasonable searches.
244690
Nobody will be able to give you a decent answer to this question without knowing what state you're in and without knowing exactly what law your boyfriend has been charged with.  In California, there are dozens of "trespassing" laws, and to tell you how to work with one, I'd have to know which one you were being charged with.\n\nThe idea of taking pictures of the area is a good one, provided the signs don't make it incredibly obvious that your boyfriend shouldn't have parked there.
606473
If you called the police about it they would simply remove the trespassers from your property and tell them not to return.  Simple trespassing is a misdemeanor in most areas and the max penalty in most areas is a $1000 fine 1 year in jail or both.  I concur with the other posters that is is highly unlikely you will find any prosecutor willing to charge the case for simply standing in your driveway and talking.  Unless someone does something more menacing, the best you will probably be able to do is to call the police and have them removed from your property.  That in itself may discourage them from returning.
210576
In the UK you will not find that trespass is illegal except for Crown land.\nTrespass is not a criminal offence and you can not be prosecuted for it except for trespass on Crown owned land.\n"Trespassers will be prosecuted" written on a sign is completely incorrect. Only a civil action may be taken out in the event of trespass. So "Trespassers will face civil action in court" would be more correct but it does not have the same effect!\nAs far as damage to the fence is concerned, this is a criminal matter and if the child is 10 or over, it is regarded in the UK as having reached the age where they are responsible for their actions and could be prosecuted for criminal damage.\nWhether they crossed your boundary or not is irrelevant. If they committed a criminal act, whether or not they were trespassing does not have any bearing on the criminal act of damaging your fence.\nYou must have proof of who damaged your fence. Your say so is not sufficient as it is your word against another person.
416643
No it is not legal, and its trespassing.\n\nSo, you are in for a heafty battle. There are privacy rights, and your land lord can be liable if he is in on it.\n\nGood luck. DO you have hard evidence of this? you will need concrete. LIke pictures... Make sure you have them..