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I had permission of the business owner to be there. How do I contest trespass given by LVMPD

Discussion in 'Constitutional Law & Civil Rights' started by Dabbz4daze, Sep 5, 2020.

  1. Dabbz4daze

    Dabbz4daze Law Topic Starter New Member

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    I was just trespassed from the entire property of a local shopping center by Metro PD while laying behind a business in which I had received from the business owner, verbal approval and permission of myself being and or remaining there. No crime was committed. Officer alleged violation of 207.200 While assuming and vocalising his assumption of myself being transient individual based upon out of state California ID. I am visiting Las Vegas. I am not transient.



    How do I contest this written trespass notice so that my rights are not infringed upon and I may continue to be a patron who has long been going to this location each and everyday to conduct legitimate business with establishments at this property location?
     
  2. mightymoose

    mightymoose Moderator

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    Obtain written permission from the property owner, not the business owner.
     
  3. Dabbz4daze

    Dabbz4daze Law Topic Starter New Member

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    Its too late for that. However the business owner that had given myself verbal permission to be there, confirmed to the officer during the officers preliminary investigation that issued the citation, that in fact he himself personally had given me permission to be there and also to remain there. And furthermore that I was not considered any threat or nuisance to the businesses, property, or the area as a whole.
     
  4. army judge

    army judge Super Moderator

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    NRS 207.200 is the Nevada statute that defines trespassing as going on another’s property without permission, or remaining on another’s property after being told to leave. This offense is a misdemeanor that carries a penalty of up to 6 months in jail and a fine of up to $1,000.00.

    Four defense strategies to Nevada trespass charges include demonstrating that:

    1. The defendant had the right to be there;
    2. The defendant had the consent of the landowner to be there;
    3. The landowner did not give sufficient notice via signage and fences to stay off the property;
    4. The defendant was exercising her/his First Amendment rights.

    Violating NRS 207.200 is a garden variety misdemeanor, however it still looks bad on a background check. Employers sometimes pass over applicants because of a misdemeanor conviction.

    If you're charged with trespass under NRS 207.200 in Nevada, you should plead NOT guilty and retain the services of a criminal defense attorney.

    A good attorney will fight to get the charges dismissed without a trial.

    (NOTE): If you're smart and wish to avoid BIGGER problems, stay away from the property until the matter has been adjudicated by a court of law. Returning to the property will only make things more difficult and troublesome for YOU.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    But the business only controls the part of the property it leases from the shopping center. If you were behind the business you may not have been on the premises leased by the business but on the common space controlled by the shopping center landlord. The business' permission to be on its premises does not extend to permission to be on the parts not under the control of the business. So the issue is whether you were within the area leased by the business at the time. If the answer is no then I don't see permission as a good defense for you.

    Understand, however, that a private property owner has a right to keep you off its property for pretty much any reason other than reasons that amount to illegal discrimination under federal, state or local law. Thus, you don't have to be threat or nuisance to anyone to be barred from the property.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    How long were you there before the police came? What time of day or night was it? Were you sleeping on the ground? Leaning against the wall? Did you have a backpack? Sleeping bag?

    The first thing that comes to my mind is one of the many homeless people that I see sitting or sleeping in parking lots or alleys behind businesses with all their possessions beside them.

    It's possible that the business owner (a tenant) had no authority from the owner of the property (the landlord) to allow anybody to sit or lie on the ground behind the business.

    I'm guessing customers complained and had the police called to get rid of you because you had no business being there in the first place.
     
  7. flyingron

    flyingron Well-Known Member

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    There are no "garden variety" misdemeanors. Even one like this can have lasting issues.
     

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