My question involves criminal law for the state of: Minnesota
Hello,
I was recently charged with being in a park after its closing time, the story goes…
To preface I am typically a law abiding citizen and I don to drink or use illicit drugs. I met up with a few friends after bar close to be their "sober cab" one of the friends mentioned a place they knew about where we could hang out for a while. He directed me to a city where I have never been before. We parked on the street and proceed to walk through a neighborhood. As we are walking I turn around and walk backwards and when I do I see a police officer driving toward me and then take a left; at the time I think nothing of it.
We proceed down the street to a path leading in to a wooded area. After walking for about 30 seconds or so we hear the police officer calling out for us to come back to him. We all proceed back down the path toward the officer on the road. Once we arrive there are four officers there. One of them states we are giving you tickets for being in the park after hours. I questioned him asking what park? He then stated that there was no signage posted as it had been stolen the previous week. I then use my cellphone to pull up Google maps and see the area we are in is not shaded in green as to indicate park land and present it to the officer. The officer states something about when the city acquired the land and he knew what we were doing and where we were going. No other words were spoken, I made no other statements. I took a few pictures of the scene received my ticket and proceeded home.
I contacted the city office the next day to find out who owns the land and the best they could tell me was Union Pacific Rail Road Company. I also referenced the city’s web site and section on the park system and found the same map I had shown to the officer.
I am now pleading not guilty to this crime. This took place in Minnesota.
The questions are:
Do I have any case here or should I just pay the hefty fine as they will somehow show the property owner as the city?
Should the officer have stopped us prior to entering the land as I am certain he saw us walking down the road toward the path?
Does the land have to be posted in some way?
How informed must a citizen be (ignorance is no defense)?
Thank you for any advice
Trespassing in a Non-Posted Park After Hours
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10-09-2012, 05:11 PMdaveyd123Trespassing in a Non-Posted Park After Hours
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10-09-2012, 06:54 PMDisagreeableRe: Caught a Non-Posted Park After Hours
Please list the statute you were cited for. It could be amended to trespassing on railroad property from your description. I suggest you see if property maps are available online or go to the county office and determine ownership, before potentially escalating the charge.
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10-11-2012, 07:26 AMMr. KnowitallRe: Trespassing in a Non-Posted Park After HoursThe map saying what relevant to your situation?Quote:
Quoting daveyd123
You are cited with what exact offense (give the state statute or the jurisdiction and ordinance number).
We have no way of knowing what the prosecutor will be able to show. Keep investigating. There will be records relating to the missing sign - when it was reported missing and, if it is municipal land, when it was replaced who replaced it. Try to get them.Quote:
Quoting daveyd123
The officer doesn't have to read your mind, nor does he have to prevent you from committing an offense.Quote:
Quoting daveyd123
Once you get around to identifying the specific charge, somebody may be willing to explore that.Quote:
Quoting daveyd123
About why the police don't want groups of intoxicated persons going into public parks after dark, even if they have a "sober cab" driver with them?Quote:
Quoting daveyd123