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To: Terabitten
I don't think he committed misdemeanor trespassing. He had broken a university rule (not having his ID card), not broken a local, state, or federal law.

Not having his ID was a violation of a school (safety and security) rule. That was not a crime. We agree on that one.

When he refused to show his ID, he was then asked (probably very politely) to leave the premises by the Campus Security officer (the person charged with enforcing school safety and security rules).

When he refused to leave the premises after being asked to leave by the Campus Security officer, he then became a trespasser. His willful refusal to leave was a misdemeanor under Penal Code section 602.1(b).

When he fell limp after the police officer touched his arm, he then violated Penal Code section 148, which is resisting arrest and interfering with an officer in the performance of his duties, a misdemeanor and possibly a felony (if, for instance, an officer would have suffered an injury attempting to bring this idiot into compliance).

So at this point you have a screaming combative criminal who is suborning a riot by attempting to get other students involved in like minded criminal behavioral conduct. He is now completely uncooperative and is making a scene, disturbing the peace (another misdemeanor), inciting a riot (a felony), attempting to solicit others to join him in the crime of interfering with an officer in the performance of his duties (a felony).

So here you are Mr. Federal LEO. What do you do now?

You've got a guy who has already committed two misdemeanors (possibly the second being a felony) in the presence of officers; who is attempting to incite a riot inside a public building and is soliciting others to commit a misdemeanor and possibly a felony.

It's your call. How do you get this idiot to be compliant at this point.

Are you not now at level 4?

318 posted on 11/17/2006 8:50:28 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe
Not having his ID was a violation of a school (safety and security) rule. That was not a crime. We agree on that one.

When he refused to show his ID, he was then asked (probably very politely) to leave the premises by the Campus Security officer (the person charged with enforcing school safety and security rules).

When he refused to leave the premises after being asked to leave by the Campus Security officer, he then became a trespasser. His willful refusal to leave was a misdemeanor under Penal Code section 602.1(b).

I'm with you up to here, my FRiend, but this is where we part company on the issue. When the police arrived on the scene, did they intend to arrest him for misdemeanor trespassing (doubtful), or did they intend to simply remove him from the building (more likely)? If their intent was to arrest, then they botched it. If their intent was to remove him from the building, he was already doing it for them.

Sun Tzu said the best way to win a battle is to win before the battle starts. The police officers had that option, but they chose poorly.

319 posted on 11/17/2006 9:08:15 AM PST by Terabitten (How is there no anger in the words I hear, only love and mercy, erasing every fear" - Rez Band)
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