My two sons playing tennis at the nieghborhood courts. the pool is directly behind the courts. Other teens came to play around the time they were finishing up. One of these teens was a lifequard at the pool. The gave them there court and walked around to the grassy path between the pool fence and tennis court fences opened a small wood gate and laid their rackets down and ball cans and my keys they used for tennis gate. They then began climbing the fence to retrieve balls that flew into the pool area.(dumb idea but ...). The teen that worked for the pool company contracted by the homeowners management company watched as they did it and said nothing.
The employee said nothing but immediately phoned his managers cell phone (she was shopping at the mall according to what she told me). She intun phone the police and my boys are arrested for Criminal trespass.
In this case, the boy was acting in behalf of the pool company since no one elese would have been able to reach anyone other than the homeowners management company who legally should have been contacted in my opinion because they should be the only ones who are contracted to act on behalf of the owners when pressing charges against homeowners and their family.
Additionally my boys knew he worked for the pool company and since he said nothing thought it was alright to enter to get the balls.
Of course they ended up taking it one step further by jumping in. But that is irrelevant since the charge was not for jumping in and swimming, it was for trespassing within the fenced area.
That is when the police arrived. The officer did not want to arrest but the pool manager spoke with the owner of the pool management company on the phone and told the officer that her boss wanted to press charges.
Bottomline, I feel the employee who saw what they were about to do when they started to climb the fence had an obligation to first tell them that they are not allowed to enter and that he would report them if they did.
Instead he said nothing and waited till they climbed over the fence and phoned to report them.
He had an opportunity to keep this whole incident from happening.
I saw this employee at the pool which is 1/2 block from the house I have lived in since 1983. I was getting my mail and started to walk up to the pool gate and he ran away. I said,"hello, hello," no answer so I entered the gate and he and his manager were hiding behind a fence. When they came out I verified that the boy was the one who had phoned her and was infact employed by the pool. She said yes and then told me that I shouldnt be in the gate. because I do not have a pool key. I told her I wouldnt have been in the gate if he hadn't have ran away. I also said I have my own pool and don't use this one.
I feel this is a strong case for dismissal given there was no damage, theft and no criminal intent to do damage or theft. Also, the employees involved had the opportunity to advise them not to enter the area prior to them going over the fence and once they got over the fence. Though it does not meet all criteria of entrapment it seems to come pretty close.
Do we have have legal grounds for dismissal?