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  1. #1

    Default Trespassing at a School

    My question involves criminal law for the state of: Georgia (Fulton County)

    My girlfriend goes to the public school in the area, and I go to a smaller private school in the area. Today, I had a free period and I took her lunch. After pulling up in front of the school and waiting on her to walk out, I heard a tap at the windshield. It was the school cop, telling me to roll down my window. He asked me what I was doing there. I told him I was bringing my girlfriend lunch. He also asked me if I knew that I was traveling at "a high rate of speed" through the parking lot. I told him that I thought I was only going about 12, 15 at the max. He then asked me for my name. When I asked him why he wants to know my name, he told me to step out of the car. Outside of the car, the policeman was very disrespectful to me (even 17 year olds deserve a little respect). When he started reading from my drivers license, he shook his head at my address (I live on a well-known affluent street). In general, he was just an ass. He sent his little slave cop to get something for him and he came back with a criminal trespassing warning and a citation booklet. The citation was for parking in a fire lane, which 5 other people were doing at the time. The criminal trespassing warning tells me I can never step foot on that campus again.

    1. The parking ticket doesnt really bother me. I was parked in a fire lane and its only $50... whatever. A side note though: Neither cop said anything about fire lane... all they talked about was my "high rate of speed". And then they slap me with this ticket that has nothing to do with speed.
    2. The trespassing is what bothers me. I read the Georgia law for criminal trespassing. It says it would have been trespassing if I had entered the property with a desire to break a law. I did not... I only wanted to drop off a burrito. The law also says that if I go back on the campus, it will be trespassing because I have written disallowment to go on the property. I can get a warning for criminal trespassing when I wasn't trespassing? And that warning means I can be arrested for trespassing even when I don't trespass? I know it's just a warning but I would like to be able to take my girlfriend lunch every now and then.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Trespassing at a School

    have you actually been cited for trespassing or given notice that if you return, you will be trespassing?

    It sounds like the latter. If so, all they did was tell you "do not come back or you will be trespassing".

    t I would like to be able to take my girlfriend lunch every now and then
    then you probably shouldn't hvae been speeding and parking in a fire lane and based on your statements here, you were probably quite rude to the cop yourself.

    He sent his little slave cop
    I suspect that type of attitude didn't help you at all.

  3. #3
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    Default Re: Trespassing at a School

    You are not a student there.

    Why would you think you have an inherent right to be there? In other words, other than "bringing my girlfriend lunch" while parked in a fire lane, why do you think you belonged there... well, other than you obviously believe that you have a right to do as you please?

    Oh, and how did your girlfriend know you were outside? Cell phone, maybe? That cell phone that was supposed to be off during school hours?

  4. #4

    Default Re: Trespassing at a School

    Quote Quoting jk
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    have you actually been cited for trespassing or given notice that if you return, you will be trespassing?
    I was just given notice that if i return, i will be trespassing. Which is what bothers me. By law, I was not criminally trespassing. If I go onto the school grounds again, it would not be trespassing without that warning. So that warning that I was given seems wrong... if not unconstitutional because it gives the cop a right to tell anyone that he doesnt like that they arent allowed on his school.

    Quote Quoting cyjeff
    View Post
    You are not a student there.

    Why would you think you have an inherent right to be there? In other words, other than "bringing my girlfriend lunch" while parked in a fire lane, why do you think you belonged there... well, other than you obviously believe that you have a right to do as you please?

    Oh, and how did your girlfriend know you were outside? Cell phone, maybe? That cell phone that was supposed to be off during school hours?
    1. This is irrelevant but I used to be a student there and had to leave because of the amount of government involved in the public school system... its ridiculous.
    2. There were 5 other people parked in the fire lane... I know a cop has a right to give a ticket to whoever he wants but that was unfair.
    3. She could see my car from the door and she knew that I was going to be there... I never texted or called her while she was in school.

  5. #5
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    Default Re: Trespassing at a School

    You were not criminally trespassing but if you go back you will be. They're free to restrict you from the campus. It doesn't matter that in your mind "you weren't doing anything." It's not the least bit unconstitutional. The cop indeed HAS THAT RIGHT.

    The fact that the school is owned and operated by the government does not give every miscreant the right to wander through there. The school is quite within the rights to exclude people.

    You're not allowed to PARK in the fire lane (which includes sitting in your car and waiting for your girlfriend). Unless you're going to argue that they discriminated against you because you are part of a specific minority class that is protected by law, the fact that you were ticketed for your illegal activity and others aren't isn't going to fly at all in court.

  6. #6
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    Default Re: Trespassing at a School

    Quote Quoting WoahWoahWoah
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    I was just given notice that if i return, i will be trespassing. Which is what bothers me. By law, I was not criminally trespassing. If I go onto the school grounds again, it would not be trespassing without that warning. So that warning that I was given seems wrong... if not unconstitutional because it gives the cop a right to tell anyone that he doesnt like that they arent allowed on his school.
    Exactly what part of the Constitution gives you the right to go where ever you want?

    Doesn't your private school have any classes in civics or social studies?

    1. This is irrelevant but I used to be a student there and had to leave because of the amount of government involved in the public school system... its ridiculous.
    Yeah, that's crap.

    This translates to "the school was going to be mean to me with all it's rules so I asked Daddy to let me go to private school..."

    Kid, you must really think this is our first day.

    2. There were 5 other people parked in the fire lane... I know a cop has a right to give a ticket to whoever he wants but that was unfair.
    Life isn't fair.

    Maybe no one else was 17 and loitering. Why yes, that would be age discrimination. No, you can't do a darn thing about it.

    3. She could see my car from the door and she knew that I was going to be there... I never texted or called her while she was in school.
    Uh huh.

    Must be a small school where every student can see the front door.

    Kid, you have to grow up on this. No one cares about your car or your school. You were not a student loitering on school grounds during school hours with absolutely no valid reason to be there.

    No, "bringing your girlfriend lunch" is not a valid reason.

    Maybe you believe that you have the right to violate school rules about visitors due to some nebulous Constitutional right. You would be wrong.

    After all, you wouldn't want all those students from that public school wandering all over YOUR private school campus, now would you? Why would you think it wouldn't be the same in reverse?

  7. #7

    Default Re: Trespassing at a School

    Quote Quoting cyjeff
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    Exactly what part of the Constitution gives you the right to go where ever you want?

    Doesn't your private school have any classes in civics or social studies?
    Yup. I'm in AP Government and I have the highest grade in the school.

    Quote Quoting cyjeff
    View Post
    Must be a small school where every student can see the front door.
    No, but she could because she was STANDING IN FRONT OF IT... jackass.

    Quote Quoting cyjeff
    View Post
    After all, you wouldn't want all those students from that public school wandering all over YOUR private school campus, now would you? Why would you think it wouldn't be the same in reverse?
    People from that public school bring lunch to kids at my school without anyone asking them questions. I wouldn't want ALL of those students wandering around my campus, but one or two at a time doesn't bother me at all... and i don't see why it would bother them that I was the only student from my school on their school doing nothing wrong.


    I've figured out that this is just another issue of a cop being unfair... it happens everyday. It shouldn't and there should be laws against cops being able to do as they please. But it is what it is and I realize I can't do anything about it. But cyjeff, you didn't have to be such a ****ing asshole. I was only trying to figure out if there was anyway I could screw over this cop who thought his badge was a crown.

  8. #8
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    Default Re: Trespassing at a School

    The trespass warning was to put you on official notice that, as you're not a student, you're not welcome on the school grounds during school hours.

    There's no consequence to the warning, per se; the issue is that if you ignore the warning you can be charged with trespass.

    If you believe you were issued the warning because you were a petulant twerp, while a respectful teenager might not have been warned, I suppose it's possible. But you made your choice.

  9. #9
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    Default Re: Trespassing at a School

    Quote Quoting WoahWoahWoah
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    Yup. I'm in AP Government and I have the highest grade in the school.
    Then your teacher is a moron. Still waiting for that part of the Constitution that gives you the right to go where ever you want. Look really hard.

    No, but she could because she was STANDING IN FRONT OF IT... jackass.
    Where, EXACTLY, did you say that? Why, no where. I wasn't there and can only go by what you tell us. Just because you can't communicate yourself effectively in a written manner doesn't mean we have to be psychic.

    By the way, language like that to your elders is EXACTLY why you are going to be violated with trespassing. Every time you speak, I side more and more with the school's resource officer.

    People from that public school bring lunch to kids at my school without anyone asking them questions. I wouldn't want ALL of those students wandering around my campus, but one or two at a time doesn't bother me at all
    And, there ya go. The school's resource officer didn't mind everyone, but just you. I guess it is okay to be unfair when YOU are the one that chooses the have's and have not's?

    Welcome to reality.

    ... and i don't see why it would bother them that I was the only student from my school on their school doing nothing wrong.
    Because schools have specific rules around who can and cannot be present during school hours. Has to do with those concepts called "security" and "learning". You were apparently getting in the way of one or both.

    I am guessing it had to do with your attitude.


    I've figured out that this is just another issue of a cop being unfair... it happens everyday.
    Or, maybe, just to you.

    It shouldn't and there should be laws against cops being able to do as they please.
    There are. This doesn't come close.

    But it is what it is and I realize I can't do anything about it. But cyjeff, you didn't have to be such a ****ing asshole.
    Put another in the "pro" column for the resource officer.

    I am guessing you don't get told "no" a lot, do ya? You seem to have a problem with it. Seek help.

    I was only trying to figure out if there was anyway I could screw over this cop who thought his badge was a crown.
    Nope, but look at the bright side.

    This cop found out a way to screw over a little arrogant jerk that thought his car bought him a ticket to go where ever and when ever he wanted.

    Feel satisfied that the good guys won one.

    One more point... you do realize that you can now be arrested for trespassing if you ever again enter school grounds or any school function, right?

    Have you broken the news to your girlfriend that you won't be able to take her to prom yet?

  10. #10
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    Default Re: Trespassing at a School

    Look, after stuff like Columbine, schools have tighter restrictions on who belongs on campus and who does not.

    As you are NOT a student there CURRENTLY (doesn't matter that you were in the past), they have every right to tell you to stay off the property.

    You also do not have the right to park in a fire lane. Very simple. The cop did his job in giving you that ticket. And if your attitude here indicates anything, you probably had an attitude with the cop.

    When all this was going on, where was your girlfriend?

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