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  1. #1
    Join Date
    Sep 2010
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    Question 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?

  2. #2
    Join Date
    Jul 2010
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    Default 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.

  3. #3
    Join Date
    Sep 2010
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    4

    Default 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.

  4. #4
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    Default 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.

  5. #5
    Join Date
    Sep 2010
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    4

    Default 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.

  6. #6
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    Sep 2010
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    Default 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.
    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.

  7. #7
    Join Date
    Jul 2010
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    Default 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.

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