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View Full Version : Trespassing in NY state as a student on School Property?


kilrbas
Feb 11, 2012, 11:53 PM
As a student in a NY high school, a group of 30 of us (after classes we're adjourned) went to the school's handball courts (outside the school building). There is a no trespassing sign, but no attempt is made to seal off the courts, so we believed it was reasonable to assume that the sign was intended for people who were NOT affiliated with the School.

We enter, and soon later six police officers arrive and block us in. We were not given warning or notice, anything to say we were not permitted to be there, we have been there many times before, and this occurred at the same place and time the handball and tennis teams meet and play their games. We were all given court summons' for trespassing, despite not ever being warned we were not allowed in the area (even as students) not given a warning and told to leave.

Is there a defense to this, saying that it is reasonable to assume that a 'No Trespass' sign, that does not specifically direct towards anyone, in a non-enclosed property, of a school we are apart of, is aimed at people who are NOT members of that institution?

excon
Feb 12, 2012, 07:57 AM
Hello K:

There's a defense to ANY charge.. It's really a matter of whether you want to PAY for that kind of defense or not. Frankly, I WOULD. The cops OVER REACTED to some kids playing handball. Don't they have any REAL criminals to arrest?

excon

ScottGem
Feb 12, 2012, 09:58 AM
First, what makes you think you were entitled to a warning? The police found people they felt were breaking the law so they issued tickets. It is not up to the police to determine extenuating circumstances or to issue warnings.

However, I agree with you that you have a reasonable defense. I would suggest contacting the DA's office about dropping the charges.