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Posted by tmclone on October 22, 2009, 2:21 pm
> There was a woman and a kid cutting through his yard who saw him through
> the window. I got the impression from reading one article that she
> believed he was deliberately displaying himself once he saw them. To me,
> the lesson to be learned from that would be: keep out of other people's
> yards -- but she called the cops.
> We had a pro hockey player years ago here plead guilty to indecent
> exposure after a neighbor told the cops he had a longtime habit of doing
> things around his home/property in ways that were sure to show off his
> naughty bits. Such as walking outside to the garage wearing only a
> shirt. He'd manually lift the garage door, the shirt would ride up, and
> everyone would get a good view. The cops began watching him and caught
> him at it. But he was doing that stuff outside, not inside.
And so what if he was "deliberately displaying himself". He was INSIDE
his house. It sounds like only a trespasser would have been able to
see him, so it sounds like they got what they deserved. My house is
far off the road and I can barely see my neighbors. For anyone to see
into my windows from the sides or the back of the house they have to
be standing on my enclosed deck. Anyone who can see me making coffee
will get arrested when I call the police to report a trespasser. The
cop sounds like an idiot.
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Posted by HeyBub on October 22, 2009, 6:05 pm
tmclone wrote:
>> There was a woman and a kid cutting through his yard who saw him
>> through the window. I got the impression from reading one article
>> that she believed he was deliberately displaying himself once he saw
>> them. To me, the lesson to be learned from that would be: keep out
>> of other people's yards -- but she called the cops.
>> We had a pro hockey player years ago here plead guilty to indecent
>> exposure after a neighbor told the cops he had a longtime habit of
>> doing things around his home/property in ways that were sure to show
>> off his naughty bits. Such as walking outside to the garage wearing
>> only a shirt. He'd manually lift the garage door, the shirt would
>> ride up, and everyone would get a good view. The cops began watching
>> him and caught him at it. But he was doing that stuff outside, not
>> inside.
> And so what if he was "deliberately displaying himself". He was INSIDE
> his house. It sounds like only a trespasser would have been able to
> see him, so it sounds like they got what they deserved. My house is
> far off the road and I can barely see my neighbors. For anyone to see
> into my windows from the sides or the back of the house they have to
> be standing on my enclosed deck. Anyone who can see me making coffee
> will get arrested when I call the police to report a trespasser. The
> cop sounds like an idiot.
Trespassing is not usually a criminal offense. In my state, you have to take
additional steps to elevate civil trespass to a criminal level. You can do
this by personally demanding the person leave or by posting sufficient
sinage asserting same. Even then, there are numerous categories of people
who, by definition, cannot be a criminal trespasser (and, hence, cannot be
arrested). Some are:
* A child who has no criminal capability
* A peace officer with a valid warrant
* A fireman, paramedic, electrical lineman, or other person involved in
exigent circumstances
* A mere civil trespasser
* A person-person (used to be mailman), meter reader, or the like
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Posted by zxcvbob on October 22, 2009, 7:28 pm
HeyBub wrote:
> Trespassing is not usually a criminal offense. In my state, you have to take
> additional steps to elevate civil trespass to a criminal level. You can do
> this by personally demanding the person leave or by posting sufficient
> sinage asserting same. Even then, there are numerous categories of people
> who, by definition, cannot be a criminal trespasser (and, hence, cannot be
> arrested). Some are:
>
> * A child who has no criminal capability
> * A peace officer with a valid warrant
> * A fireman, paramedic, electrical lineman, or other person involved in
> exigent circumstances
> * A mere civil trespasser
> * A person-person (used to be mailman), meter reader, or the like
>
>
No, but trespassing and peeking in the windows at the nekkid
occupants is a criminal offense. If that window faced away from the
sidewalk so that the homeowner had a reasonable expectation that he
couldn't be seen, the cops arrested the wrong person.
IANAL,
Bob
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Posted by on October 22, 2009, 7:32 pm
wrote:
>tmclone wrote:
>>> There was a woman and a kid cutting through his yard who saw him
>>> through the window. I got the impression from reading one article
>>> that she believed he was deliberately displaying himself once he saw
>>> them. To me, the lesson to be learned from that would be: keep out
>>> of other people's yards -- but she called the cops.
>>> We had a pro hockey player years ago here plead guilty to indecent
>>> exposure after a neighbor told the cops he had a longtime habit of
>>> doing things around his home/property in ways that were sure to show
>>> off his naughty bits. Such as walking outside to the garage wearing
>>> only a shirt. He'd manually lift the garage door, the shirt would
>>> ride up, and everyone would get a good view. The cops began watching
>>> him and caught him at it. But he was doing that stuff outside, not
>>> inside.
>> And so what if he was "deliberately displaying himself". He was INSIDE
>> his house. It sounds like only a trespasser would have been able to
>> see him, so it sounds like they got what they deserved. My house is
>> far off the road and I can barely see my neighbors. For anyone to see
>> into my windows from the sides or the back of the house they have to
>> be standing on my enclosed deck. Anyone who can see me making coffee
>> will get arrested when I call the police to report a trespasser. The
>> cop sounds like an idiot.
>Trespassing is not usually a criminal offense. In my state, you have to take
>additional steps to elevate civil trespass to a criminal level. You can do
>this by personally demanding the person leave or by posting sufficient
>sinage asserting same. Even then, there are numerous categories of people
>who, by definition, cannot be a criminal trespasser (and, hence, cannot be
>arrested). Some are:
>* A child who has no criminal capability
>* A peace officer with a valid warrant
>* A fireman, paramedic, electrical lineman, or other person involved in
>exigent circumstances
>* A mere civil trespasser
>* A person-person (used to be mailman), meter reader, or the like
However, a trespasser that peers into your windows is a peeping tom
and can be arrested for that.
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Posted by Oren on October 22, 2009, 9:23 pm
On Thu, 22 Oct 2009 19:32:55 -0400, salty@dog.com wrote:
>However, a trespasser that peers into your windows is a peeping tom
>and can be arrested for that.
Like this guy:
pic
http://auctions.myselfdefenseblog.com/blogpics/peeping-tom.jpg
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> the window. I got the impression from reading one article that she
> believed he was deliberately displaying himself once he saw them. To me,
> the lesson to be learned from that would be: keep out of other people's
> yards -- but she called the cops.
> We had a pro hockey player years ago here plead guilty to indecent
> exposure after a neighbor told the cops he had a longtime habit of doing
> things around his home/property in ways that were sure to show off his
> naughty bits. Such as walking outside to the garage wearing only a
> shirt. He'd manually lift the garage door, the shirt would ride up, and
> everyone would get a good view. The cops began watching him and caught
> him at it. But he was doing that stuff outside, not inside.