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Entry on or Remaining in Places or on Land After Being Forbidden

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  • 09-24-2010, 05:46 AM
    pk100
    Entry on or Remaining in Places or on Land After Being Forbidden
    My question involves criminal law for the state of: LA

    would like advice concerning the following law:

    "§63.3. Entry on or remaining in places or on land after being forbidden

    A. No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.

    what stipulations need to be followed concerning this law and public property? Do you need to do anything or can you just be told to leave and have to comply? it does not make sense as written because you would need no justifiable reason to ban someone from public property. any actual cases of this available for review?
  • 09-24-2010, 06:19 AM
    free9man
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    If the owner or authorized agent of a structure or whatnot as worded in the law, be it a business, gov't bldg or whatever, orders you to leave the property/tells you you are no longer welcome...you must comply or face charges. The time to fight it is after you have complied unless you want to wind up in jail. If you believe you were asked to leave for discriminatory reasons (i.e. race, gender, etc..), you are free to seek legal counsel regarding civil remedies. The part about signs probably refers to such signage as "Restricted Area: Keep Out, Employees Only, Authorized Personnel Only" or similar. If you are there after seing said sign, you are in violation.
  • 09-27-2010, 06:25 AM
    pk100
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    So if your in a public building and still have businsess... your told to leave the grounds, you must comply... even if there is no justification for asking the person to leave?

    This is then left to a he said/she said dispute in court, with the person banned from the property left with having to face being arrested, booked into jail, and posting bail, all for a law with no reasonable justification written into it.

    Am i the only one that sees this law as way too generalized when it comes to public property?

    I tried searching without much luck already, but can anyone provide any precedence/case summaries of this charge that do not involve other charges? everytime i see this charge it has other charges along with it, with the other charges are usually alcohol/ drug related, disorderly conduct of some sort, repeated trespassing.
  • 09-27-2010, 06:49 AM
    Mr. Knowitall
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    What do you imagine a "public building" to be? Private property that is open to the public for the patrons of private businesses? You can be banned from private property. Your remedy would arise if the ban were predicated upon unlawful discrimination (race, gender, religion, etc.) by a typical business.

    If you have facts to share, share them.
  • 09-27-2010, 06:56 AM
    pk100
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    Public place being... public school that your child attends. Told leave school grounds while waiting for son to get signed out early.

    Also if arrested for the stated charge, do you need to be read your rights?

    Please forgive the many questions and explanation of the law, but i have no experience in this area, other than speeding ticket 10 yrs ago.
  • 09-27-2010, 07:18 AM
    flyingron
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    Quote:

    Quoting pk100
    View Post
    Public place being... public school that your child attends. Told leave school grounds while waiting for son to get signed out early.

    Schools are not public places. You were told to leave. You must do so.
    Quote:

    Also if arrested for the stated charge, do you need to be read your rights?
    No. You only *HAVE* to be read your rights prior to being questioned in custody. Even then, if you weren't, it only invalidates things you say after you should have been informed.
  • 09-27-2010, 08:16 AM
    free9man
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    Why were you asked to leave the school? They don't normally ask parents to leave for no reason.
  • 09-28-2010, 09:51 AM
    pk100
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    The principal did not appreciate being asked questions that he could not answer without admitting his mistake. so when the questioning backed him into corner, he said the meeting was over. When asked, he would not let my son join the meeting to defend himself 1st hand either. Before meeting was pronounced "over" by principal, request was made to sign my son out of school. when he said meeting was over, couldn't even wait for son to be brought to office.

    I know it will come down to he said/she said and his being principal has the better position for being believed, unless there is a camera in the office.

    For a visual think of the plane scene from the movie anger management, where flight attendant is saying calm down, but he was not irrate to begin with.

    Tried to get a copy of police report, but was told that it needs to be requested by lawyer... is this correct? they said they could not give a copy until it was resolved. Uh, if it's resolved the copy is not really needed then, duh. Only thing they gave was a very brief report that listed what i posted above as the charge. only thing that caught my eye was that it says originally called for disorderly control and after investigation changed to remained after forbidden... there was no investigation that i'm aware of, as no questions were asked at least not from the parent side and no statements are listed on what i have. when asked sherrifs office for a more detailed report is when we were told we could not get it without lawyer's request. So much for freedom of information.
  • 09-28-2010, 10:14 AM
    free9man
    Re: Entry on or Remaining in Places or on Land After Being Forbidden
    Did he say the meeting was over and he wanted you to leave or did he just say the meeting was over? In other words, did he ever state to you that you needed to leave the school? If he never actually requested that you leave, you might have a chance of beating it.

    The investigation may have simply been asking the principal to describe what happened. After hearing it, the investigator felt that the events did not rise to the level of disorderly conduct so they lowered the charge.

    You should be able to obtain a copy of the incident report if they have completed their investigation. You might have file a formal FOIA request, in writing, to get it. In some states, they can simply state the incident is still under investigation (whether it is or not I cannot say) and it is exempt from any requests...even FOIA. If you know a lawyer you could ask them to fire off a formal request for it and see if that works.
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