Tresspassing Citation

[Vycor]

I'm not sure if this goes here but heres my story..

I'm from NY (Suffolk County).

Im a freelance photographer for a local newspaper. There was a car accident where one of the patients was airlifted to a hospital. They landed the helicopter at a school around midnight the other night. I drove to the school and when I got there I saw a helicopter, ambulance, and police car in front of the school. I pulled into the entrance (which leads into a parking lot on the side of the building). I parked my car and started taking pictures from the side, far from the helicopter. I've done this before and i've been a lot closer.

A cop approached me and was nasty asked what I was doing. I said "im a photographer for XXXX" he asked me for credentials and i said "i don't have any on me, i dont need them to take photos". So he told me to get lost. So as hes walking away and im walking to my car i asked for his name. He stopped, then asked me for my ID. I said "what for I havn't done anything wrong" he then asked for it again so I just gave it to him. He then told me to leave. I said "you have my license i can't drive without it" he said "im telling you you can drive without it, you'll get it back after i write you up" ,so i left the parking lot and waited for him on the road.

He refused to tell me his name or show me any ID. Was nasty about it. The local precinct said since hes in a marked car/uniform he doesnt hafta show me ID. Okay... but heres my question:

He wrote me up for "trespassing" stating on the citation:

"Above individual on above time and place did enter, intrud. upon, or trespass upon private property, namely the XXXXX XXX XXX school during an emergency police operation without the authority of the owner thereof."

So my question is, can you really write me up for this, will it hold up? Isnt the school a public institution? And even if it was not, there were no signs saying "private property" and when an officer told me to leave, i did leave...

let me know what some of you folks think on this...

 

[The Occultist]

Public institution merely means that you do not have to pay to attend the school. Most (if not all) public schools have a requirement that if you are not a student then you must check in at the office and receive a visitor's pass. You did not do that, so you were indeed trespassing.

 

[Vycor]

Even though the school was closed and unable to check in... and when approached by an officer tho told me to leave, I did. Doesnt there have to be a sign indicating its private property. I thought trespassing was entering property in which there are signs stating its private property, or, when asked to leave, NOT leaving?

 

[The Occultist]

You are not allowed on school grounds after hours. Heck, students aren't even allowed on the grounds after hours unless accompanied by one of the faculty.

Whether or not a school is required to post signs EVERYWHERE (I bet you anything thay have such a sign towards the main entrance) in order for you to be held for trespassing, I don't know. But something else to keep in mind is that an officer told you to leave, but you didn't.

 

[Vycor]

I did leave... he told em to leave so i started to head to my vehicle as i asked for his name, he then asked for my ID so i had to stop. Then once i gave him my id i waited for him on the road.

 

[The Occultist]

Guess you'll need to see what the officer's version of the story is.

 

[HuAi]

Note to self, don't mouth off to cops while committing a crime

 

[xylene]

This is a "nuisance violation."

The punishment is your nuisance in resolving the ticket.

Despite what the legal minds say here, if you get a lawyer and shut up you will very, very likely get off.

You are the journalist. Write it up.

I also suggest you log a formal complaint concerning the ID.

 

[Vycor]

So Heres some updates.

after the incident i went to complain about the officer and his attitude and refusing to ID himself or tell me his name. Some desk jockey said the officer didnt hafta ID himself.

However, my dad emailed the 1st precinct here, they said officers hafta ID themselves, via a LT.

So I emaild the 2nd precinct, where this offier is from, a Captain answered my email, said its department policy officers ID themselves when requested to... this officer refused to... so basically the officer refused to ID himself when asked and as a result of that, decided to write me a ticket, even though I was already leaving when told to...

gonna see what this captain wants to do, maybe he'll handle it himself.

 

[The Occultist]

You can try and see what happens, but if all an officer did was break a policy, and not the law, you may not find this to be fruitful. You can, at least, submit a personnel complaint against the officer, but just keep in mind that this will have no bearing on your legal situation.

Also, at this point it is likely out of the police departments hands now, and it will be up to the DA to decide whether or not to drop your charges.