Property Invasion, Damages, Trespass When can the requirement of "posting" be waived for "tresspassing".

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martingugino

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My jurisdiction is: Orange County, California

Cited at Chapman University for demonstrating against John Yoo the day before the public debate and two days after a public panel on torture.
The ticket cited 602(L)(1), trespassing, but requires that the property be posted at each entrance. The arrest was in the plaza right in front of the Law School. No other issues were involved that I am aware of except my feet being on their flagstone. Arraignment soon.

Can the DA avoid the requirement of 602(L) for "posting"? Or how can I research this?
 
Here is the offense for which you appear to be charged:

602. Except as provided in paragraph (2) of 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:

(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without the
written permission of the owner of the land, the owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands ...
I'm guessing that you were advised to leave and refused. That's why you were charged.

Also, it is possible that signes are posted about the property indicating that the property belongs to the university and permission is subject to revocation. Even if not so posted, if you are asked to leave and refuse, you can be cited or arrested.

My front yard is not posted for no trespassing, but that doesn't mean you can remain indefinitely. When you are told to leave and you refuse, you're done.

- Carl
 
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