Posted on 08/05/2013 1:56:24 PM PDT by BenLurkin
602 states:
Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
Subdivision (q) states:
Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchman, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
My guess is the State will argue that the DMV building includes the planter area where the defendants were standing, and that since they were preaching (had no apparent business to pursue) during regularly closed hours and refused to leave when asked by the CHP officer, then they are guilty of misdemeanor trespass.
The hurdles will be convincing the judge that 1) the planter area is part of the building, and 2) the CHP officer is a "regularly employed guard, watchman or custodian of the public agency owning or maintaining the building or property." I can see that approach possibly succeeding with the judge. The irony is that if they had been preaching during normal business hours, or if, for instance, they were going to renew their registration that day (and thus had lawful business to pursue), they could not be convicted of trespass!
I just noticed that the news article says the defendants were first asked to leave by a DMV security guard before the CHP got involved. I think they’re toast.
They’re set free immediately? Wow. Please share some links with examples of this outrageous practice for readers here at FreeRepublic.
You should go over there and read the Koran out loud to those waiting in line, then report back here as to what happened next.
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