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To: acad1228

You know just enough about the law to be dangerous.

If the dad didn't own the parking lot himself or he didn't have ongoing business with the owner, he shouldn't have been there for any reason at all. A case could be made for criminal trespass.

True, parking lots are not normally policeable areas if the owner doesn't want the police. There are exceptions for health and safety, and for felony violations. I can assure you that if WalMart wants the cops to write you a ticket for speeding in their parking lot, and the officer observed you violating the law, you can be ticketed and punished accordingly. My WalMart has cops sitting in the parking lot on Friday and Saturday night to keep the high school kids from racing through the lot, endangering paying customers. Many, many tickets were written every weekend, until the punks got the message.

In most jurisdictions, law enforcement cannot enter private property without a warrant unless called in or he/she observes a felony offense being committed. I don't know how many hundreds of DUI cases I have seen sucessfully prosecuted where the offender walked out of the barroom (visibly drunk) and get into a vehicle, only to be apprehended, cuffed, and stuffed before he/she left the bar's parking lot. You don't really think the club owners wanted to have their patrons hassled right outside the front door and gave permission for this, do you? The cops had the right because they personally observed a felony being committed, and they arrested the offender before that person drove away killed someone.

Quit watching Law and Order or NYPD Blue and go to the law library, or pull a copy of you state and/or local statutes. I think you might be amazed.


127 posted on 05/26/2005 12:58:57 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: clee1
A case could be made for criminal trespass.

That might be the better criminal charge to make.
136 posted on 05/26/2005 1:13:40 PM PDT by beezdotcom (I'm usually either right or wrong...)
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To: clee1

I'm basing my opinion on conversations I've had with my brother (a detective) and several friends (patrolmen, detectives, the local Chief of Police, an assistant D.A. and two local Judges) who tell me what is and is not allowed under Oklahoma law. I'm sure I get a little better handle on the law than most folks.


138 posted on 05/26/2005 1:19:26 PM PDT by acad1228
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