Here’s the law in Ohio that applies:
https://codes.ohio.gov/ohio-revised-code/section-2911.21
Excerpt of the applicable sections:
“(A) No person, without privilege to do so, shall do any of the following:
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;”
And per that law she was in the act of leaving as requested and as notified and the offense of criminal trespass therefore did not occur.
That's why we have judges, my dear. That would be his call, not yours.
“And per that law she was in the act of leaving as requested and as notified and the offense of criminal trespass therefore did not occur.”
Bingo, absolutely right on the money. the cops jobs were done as soon as she moved to leave.
ok, think this through...
told to leave
does not leave
cops called
cops take 20 minutes to show up these days in Ohio
woman still there
criminal trespass \ citation \ arrest
resist\refuse ID
arrested and forcibly detained
i keep telling people, it doesn’t matter what your rights are when faced with force or a gun. Just do what you are told so that you live through the event. After its over call a lawyer and sue them if your rights have been infringed. You might end up wealthy but at a bare minimum you’ll still be alive.
99.999999% of the time, cops do not shoot people who comply with their orders, so you have a significantly good chance of being angry but alive.
Agree. She walked onto the property without any complaint from the “owner”. So there was no trespass at that point. It was only when she complained that the owner cried trespass, after which she was leaving. And no crime there. I hope this gal owns the place after a nice lawsuit.
Except she can return because she needs to finish her part of the trespass complaint. In short, if you can just leave the scene of a trespass complaint, without giving ID, the criminal trespass law is effectively null and void.