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Old September 24th, 2009, 05:06 PM   #1
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Default question about colleges and property/trespassing

can you be cited for trespassing in a public university's parking lot?


basically CMU started some new bullshit tailgating rules. one says you give up the right to say no to bag searches. my thinking is the worse they could do is ask you to leave? but then i started thinking that they can't kick bums or crazy preachers off campus since its a public university so couldn't they technically do nothing?
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Old September 24th, 2009, 05:09 PM   #2
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if they ask to search you, shoot them and run.
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Old September 24th, 2009, 05:41 PM   #3
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Yes, you can be. Motorcycle classes are held on campus parking lots. There have been cases of people refusing to leave and being cited for trespassing on the lot.
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Old September 24th, 2009, 06:40 PM   #4
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Yep, we charged bums with trespassing all the time at WMU.
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Old September 24th, 2009, 06:54 PM   #5
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Loitering laws were designed just for this purpose.
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Old September 24th, 2009, 07:43 PM   #6
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ah. thanks for clearing that up.

so if i did deny search the worst they could do was hit me up with trespassing/ask me to leave.

but as a enrolled paying student could i actually be trespassing on university property?
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Old September 24th, 2009, 08:11 PM   #7
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ah. thanks for clearing that up.

so if i did deny search the worst they could do was hit me up with trespassing/ask me to leave.

but as a enrolled paying student could i actually be trespassing on university property?
So, are you planning on bringing something that isn't allowed, or what?

Also, I'm pretty sure that if they have instituted the search policy, you are agreeing to that just by entering, and they aren't just going to let you leave if they want to search you, rather they will take you into custody, and search you without your consent. Don't bring anything illegal, or against the rules, and just go to have a good time.
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Old September 24th, 2009, 08:21 PM   #8
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Quote:
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So, are you planning on bringing something that isn't allowed, or what?

Also, I'm pretty sure that if they have instituted the search policy, you are agreeing to that just by entering, and they aren't just going to let you leave if they want to search you, rather they will take you into custody, and search you without your consent. Don't bring anything illegal, or against the rules, and just go to have a good time.
So kids going to school there give up their 4th amendment rights?
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Old September 24th, 2009, 08:28 PM   #9
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So kids going to school there give up their 4th amendment rights?
Well, according to BJB's first post you do when you tailgate at CMU. Not having the ability to say no to a search certainly sounds like that, doesn't it? The whole thing smells like a lawsuit waiting to happen.
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Old September 24th, 2009, 08:35 PM   #10
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Quote:
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Well, according to BJB's first post you do when you tailgate at CMU. Not having the ability to say no to a search certainly sounds like that, doesn't it? The whole thing smells like a lawsuit waiting to happen.
Smells like it, but you would think CMU would have their lawyers all over that before they made it a rule... you would think.
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Old September 24th, 2009, 08:44 PM   #11
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Smells like it, but you would think CMU would have their lawyers all over that before they made it a rule... you would think.
well, it IS CMU...
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Old September 24th, 2009, 08:58 PM   #12
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My answer to the question is to simply refuse to follow the rules and find out what happens. It's the best way to learn the true answer to your question.

Carry at least $350 in bail money with you before you carry out your experiment though.
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Old September 25th, 2009, 01:35 AM   #13
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My answer to the question is to simply refuse to follow the rules and find out what happens. It's the best way to learn the true answer to your question.

Carry at least $350 in bail money with you before you carry out your experiment though.
kind of what i was thinking unfortunately

the limit is six beers. i can bring six man cans and be fine and be legal.

even though their new rules like no big grills or external sound systems and police check points are dumb ill follow them if i go.

my main thing was my rights being violated. if i was going to test this which i may not this weekend because my parents are coming up to the game i still think its bullshit. i was going to come up with a back pack full of moonmist and deny them to search me if they ask.

thanks everyone for the opinions/advice.
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Old September 25th, 2009, 07:09 AM   #14
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Quote:
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My answer to the question is to simply refuse to follow the rules and find out what happens. It's the best way to learn the true answer to your question.

Carry at least $350 in bail money with you before you carry out your experiment though.
Would you please elaborate? Would they simply detain you until they obtain an arrest/search warrant, a' la the drunk driver who refuses the breathalizer, and invent some probable cause?
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Old September 25th, 2009, 07:24 AM   #15
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kind of what i was thinking unfortunately

the limit is six beers. i can bring six man cans and be fine and be legal...
Somebody was telling me about this rule earlier this week. I immediately began to wonder if one could get away with bringing in 6 40-ouncers for themselves?
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Old September 25th, 2009, 08:39 AM   #16
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Seems to me you would be participating in an "event". Tailgating as a prelude to a football game. I would think that by entering you agree to the rules the University has set up for this type of event on University grounds.

Now, if you simply drive into the parking lot during a normal business day, they may not have the same search abilities without probable cause.
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Old September 25th, 2009, 08:43 AM   #17
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I'M SO GLAD I'M NOT THERE ANYMORE!!

CMU tailgating was AWESOME! That is not the case anymore
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Old September 25th, 2009, 09:19 AM   #18
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I thought it was 12 beers?
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Old September 25th, 2009, 10:06 AM   #19
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I thought it was 12 beers?
nope six non glass beers.

last weekend i guess 300 people showed up to tailgate
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Old September 25th, 2009, 10:12 AM   #20
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Should be similar to the rules they follow at Public K-12 schools. Essentially, by parking in their lot or using their locker, or attending their event, you are consenting to search for absolutely no reason, and are subject to prosecution if you refuse.

Don't you remember being in high school and watching the hilarity that would ensue almost every year when a kid would say "You can't search my locker, that's invasion of privacy!"? This law has been challenged, and unless you're bringing some sort of new argument to the table, you'll just end up either getting kicked off property or fined some how and sent home.
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