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To: P-Marlowe
There is no claim by anyone except you that he was trespassing. Even the cops don't claim he was trespassing. At worst he violated a school rule.

By the account we have he was leaving as instructed by the CSO. The UCPD cop had no lawful right to grab him and stop him from leaving.
104 posted on 11/16/2006 8:38:14 AM PST by SUSSA
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To: SUSSA
There is no claim by anyone except you that he was trespassing. Even the cops don't claim he was trespassing. At worst he violated a school rule. By the account we have he was leaving as instructed by the CSO. The UCPD cop had no lawful right to grab him and stop him from leaving.

Gosh you are an obstinate anarchist, aren't you?

He became a trespasser when he refused to leave when so ordered by the campus authorities.

California Penal Code section 602.1. (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner's agent, or by a peace officer acting at the request of the owner or owner's agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.

When he refused to leave the premises after being asked to do so by the Campus Authorities, at that point he had committed the crime of trespassing. The officer had the right at that point to arrest him. Instead, he simply took the man by the arm in an attempt to assist him in leaving the premises. When he refused, he then committed a potential felony by resisting arrest.

California Penal Code section 148: (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

.

Now answer the question, are you a first year law student or just a naive anarchist?

What the hell is wrong with you people? The man was engaged in criminal behavior and you guys would tie the hands of the police to enforce the laws and and then punish those people who were simply doing their job to the best of their ability.

I am frankly ashamed that some of these opinions are here on free republic. They seem to be so much more in tune with those at Democrat Underground.

137 posted on 11/16/2006 9:27:52 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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