Arrested for stealing electric? Really??

[I'mTheFather]

I think this may be the originating article:
http://www.11alive.com/rss/article/314666/3/Electric-car-owner-charged-with-stealing-5-cents-worth-of-juice

Other information in the article states that the father was NOT an approved 'patron' of the school. He was using the tennis courts without permission, and had, in fact, been previously warned about using school property without permission.

 

[SmokeyParkCop]

and if you want to argue anything else, we can go back to my point with one exception:


so, if I am watching any activity at the school, I should expect to be able to use all of the schools facilities, including the kitchen and showers, simply because I am there for a valid reason and the facilities are there.

I've never considered the school kitchen open to the public, I remember in high school it being locked even during school hours, a locked kitchen wouldn't be 'publicly accessible'. As for the showers, our high school has them available to patrons about 4 out of 7 nights, we have open swim those nights. So i don't see an issue with you using them when you are a patron and they are 'publicly accessible' through an open/unlocked door. It's not like this guy broke in to use the outlet, it was available, outside, right by the tennis court his child was using for lessons on public property.

I think you are making my point for me. Public spaces that ARE publicly accessible are by default available to the public. There is a certain level of implied consent with situations like that.

 

[SmokeyParkCop]

I think this may be the originating article:
http://www.11alive.com/rss/article/314666/3/Electric-car-owner-charged-with-stealing-5-cents-worth-of-juice

Other information in the article states that the father was NOT an approved 'patron' of the school. He was using the tennis courts without permission, and had, in fact, been previously warned about using school property without permission.

That changes things, obviously he was trespassing. Without being a patron, he had no right to use the facilities.

 

[quincy]

... Public spaces that ARE publicly accessible are by default available to the public. There is a certain level of implied consent with situations like that.

There are laws that regulate even public spaces, Smokey.

 

[SmokeyParkCop]

Nope. There are laws that regulate even public spaces, Smokey.

I don't think i said there were no laws quincy, this isn't the wild west. But, that doesn't mean public facilities aren't available to patrons. (although recent information in this thread shows the father wasn't a patron) Unless you have a link or some other documentation about georgia law, i'm sure that 'there are laws' is a bit of a broad and pointless statement that could apply to ANYTHING.

 

[quincy]

I don't think i said there were no laws quincy, this isn't the wild west. But, that doesn't mean public facilities aren't available to patrons. (although recent information in this thread shows the father wasn't a patron) Unless you have a link or some other documentation about georgia law, i'm sure that 'there are laws' is a bit of a broad and pointless statement that could apply to ANYTHING.

I was replying to your broad and pointless statement, Smokey.

 

[justalayman]

SmokeyParkCop;3229055]I've never considered the school kitchen open to the public, I remember in high school it being locked even during school hours, a locked kitchen wouldn't be 'publicly accessible'.

that's my point. Why would anybody consider anything not specifically granted permission to use fair game?

It's not like this guy broke in to use the outlet, it was available, outside, right by the tennis court his child was using for lessons on public property.

so you don't have a problem with 12,000 electric vehicle owners plugging into the school's power as long as they are attending some event there?

I think you are making my point for me. Public spaces that ARE publicly accessible are by default available to the public.

actually, there are the same restrictions on "public places" as there are private places. The public's rights to be and act in a "public place" are limited exactly the same as any private spaces. Somebody is in control of the "public place" and unless they give authority to do anything in that public place, the general public has no rights to do anything there.

There is a certain level of implied consent with situations like that.

no, there isn't. The only implied permission is that which is required to perform whatever activity the visitor is allowed on the premises for. There is no implied permission to use any portion of the schools grounds or facilities when attending any given event other than those directly related to what is needed to attend the event. You need to go to the gym? You get to walk in the door, down the hall that leads to the gym and enter the gym. Along with attendance to such an activity would be the use of restrooms so you get to walk down the halls to get to them as well. While in there, there is an implied permission to use some toilet paper, water and soap to wash your hands and some means of drying your hands.

If the school opens any specific area of the building to allow people a place to be other than the gym, then you can go there.


other than that, there is no implied permission to use any part of the school for your personal purposes.

You do not have the permission to wander the halls. You do not have permission to take toilet paper or hand soap home and you especially do not have permission to hook up a hose to a sill **** and wash your car which would be quite analogous to using the schools power to charge your cars batteries.

so, if you want to argue there is implied use, I have to accept that one also has an implied right to hook up a hose to an available spigot and wash your car if you choose. Is that what you are trying to say?

 

[justalayman]

this makes it all make a lot of sense:
from the father's link:

I am sure that Sgt. Ford was feeling defensive when he said a theft is a theft and he would do it again. Ultimately, Sgt. Ford did make the decision to pursue the theft charges, but the decision was based on Mr. Kamooneh having been advised that he was not allowed on the property without permission. Had he complied with that notice none of this would have occurred. Mr. Kamooneh's son is not a student at the middle school and he was not the one playing tennis. Mr. Kamooneh was taking lessons himself.

so, the guy got off easy since he was also trespassing and could be charged accordingly. After reading the link, if the guy hadn't been such a jerk it probably wouldn't have come to this as well. While I do not advocate butt kissing when it comes to dealing with the cops in general, when you are in the process of committing several crimes, kissing butt may be the best course of action to avoid being charged with those crimes.

 

[TheGeekess]

I was replying to your broad and pointless statement, Smokey.

That's Smokey's MO. Post broad and useless statements and thinking he's part of the Almighty 'We' (which doesn't exist for him unless he's got a mouse in his pocket).

 

[SmokeyParkCop]

That's Smokey's MO. Post broad and useless statements and thinking he's part of the Almighty 'We' (which doesn't exist for him unless he's got a mouse in his pocket).

I believe We would disagree with that statement, and we believe that it is an off topic post only made to incite a fight. lol

 

[justalayman]

I believe We would disagree with that statement, and we believe that it is an off topic post only made to incite a fight. lol

I think you and that mouse (the only cumulative "We" that would be applicable from what I have seen) are wrong in your assessment.

I think her post is simply to alert people to the fact that some people are less than reliable in their responses here.

 

[quincy]

That's Smokey's MO. Post broad and useless statements and thinking he's part of the Almighty 'We' (which doesn't exist for him unless he's got a mouse in his pocket).

Ahh. I thought Smokey was visiting the forum for the first time with his appearance in this thread. I see now he has visited before.

It was nice of you, Smokey, to inform realfilm at the start that you "don't have the legal expertise on this subject" but please keep in mind that this is a legal forum (not a chat room). What is posted should be legally accurate so as to not confuse the readers. Thanks.

 

[BL]

I read the article ,and this guy still doesn't get it .

He said something about not every act of taking without permission should be theft.

The officers said a theft is a theft.

I like picking up good quality pens myself when loaned to me for use.

 

[davew128]

The other comments in this thread talk about it as if he took it from someones private home, or other private property, this wasn't someones house or even a private business, this was a public space. This was an interesting comment on that article.

Do municipalities suddenly not have to pay the local electric utility?

 

[Proserpina]

Anyone else want some "useless" cake? It's made from eggs, flour, flavouring and troll jelly.

Looks like I'll have to bake a new batch.