# Public Property (Library) No trespass???



## carl_v (Jul 28, 2009)

There's a bit but please read it. I'm not just some joker trying to get away with something. I am an honest person and am actually registered for this fall to begin working on a criminal justice degree and will shortly be joining the army reserve as an MP while I complete the degree. I feel the officers in question in this case are just being bullies and desire the truth so I can provide it to them so I can continue my pursuit of happiness granted by the constitution.

I used the search all and checked around and wasn't able to really find anything pertaining to public property when it comes to no trespass I apologize if something is out there.

I live in a fairly rural area and decent internet access isn't available to me aside from places such as the library. I am a night owl - not all of us run on the day time clock and I don't believe thats something that should be punished. I typically park in front of 1 of 2 different libraries throughout the week at the late hours of the night (usually up to no later than 3am) 

Neither of these libraries has any sort of signs posted in any place indicating restricted access of any sort. I am frequently questioned by the police as it is late and I understand that, but when they walk up to my window and can clearly see that I'm on a laptop playing a game (I will admit I love WoW) or browsing the net they ask me what I'm doing and then imply I'm up to no good and I need to leave even though they question me regularly and I have not committed any crime. Both towns police claim there has been break-ins and vandalism at BOTH locations so I am actually sympathetic to their concerns but I will not accept any rights I have being violated just for their piece of mind when I have things I wish to do. 

Yesterday I was at the library in question in the town that is harassing me and an officer came and questioned me. I gave him no issue and conversed with him and expressed my understanding and stated there were no signs posted and that it was public property and that I had broken no laws so I was within my rights to be there - HE AGREED that there is NO law about me being allowed to park and use the wireless next to the library and went on his way.

Tonight the same officer comes (he stands in the back not saying a word a distance away) while a different officer I haven't yet seen comes to my window and is instantly extremely verbally aggressive with me and promptly attempts to open my car door (which I keep locked) and was seemingly about to put his hand through the opening in my window to grab me but I had the window high enough it would have done him no use and he hesitated and backed up. I have no attitude with the officer and am polite and don't swear I just simply state to him also there are no signs posted restricting access and I asked him what law states I cannot be on public property using a public service. He simply gets more enraged at this and I volunteer to go to the police station to have a conversation about this situation and he threatens that if I go to the police station I will be immediately arrested.

He said that not leaving after being told by the police to leave was a violation of a no trespass order.

Are the police honestly allowed to continuously violate a persons rights with NO cause whatsoever or any laws broken? 

As I said I have every intention of becoming a police officer but I believe in the "serve and protect" line - I will not be a bully just to get people to comply with my ideas and I don't look highly upon those who do.

Call me a wanker if you wish but honestly - Who is in the wrong here?

Facts: 

Public Library parking lot parked and locked inside private legally licensed and registered vehicle next to the building.

No signs whatsoever restricting access of any type at any hour or any reason.

Library personnel noted the police log previously and told me they did not care if I parked in that spot and used the wireless access

Less rude officer stated himself I was legally allowed to be there.


What do I do? Please don't say go somewhere else. If these officers are violating peoples rights it needs to be brought to attention (probably not the best thing to say on a police forum but I do not like dishonest and diluted people and if they are being paid to serve the people that's what they should be doing instead of running around treating every person like a criminal)


Innocent until proven guilty,

Carl


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## shawnl2213 (May 5, 2008)

Wow!! Thats 5 minutes ill never get back. Seems to be more to the story.


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## Nightstalker (Jul 25, 2006)

So you sit in your car and steal wifi from the library to play online computer games.... lol. Someone needs a hobby!


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## ddp335 (Feb 6, 2009)

Solution to all your problems- pay the 20$ a month for internet at your residence :idea:


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## carl_v (Jul 28, 2009)

There really isn't any more to it.

I use both libraries until fairly late at night. Only 1 of the towns has harassed me (both towns police have stopped to talk to me) 

They keep telling me to leave unposted public property while using a public service and I feel I'm doing nothing illegal as such was affirmed by one of the officers himself, so where is the line drawn? I'm not a criminal, it's extremely clear as to what I'm doing there (they can visually see themselves). Don't they need cause to force me off the property as its unposted and public?

They keep telling me to move to the street but every night there is a group of guys there on the opposite side of the road that sit on the short cement retaining wall of the YMCA all night. They are loud and they constantly look at me (which isn't very comfortable) and someone occasionally walks out into the road and looks in both directions for a bit (to see if any police are coming I imagine) yet they are never bothered. 


I've done nothing suspicious or criminal and am tired of this.


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## kwflatbed (Dec 29, 2004)

Find a Mickey D's parking lot they have free Wi-Fi at most
of them


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## Nuke_TRT (Feb 10, 2008)

kwflatbed said:


> Find a Mickey D's parking lot they have free Wi-Fi at most of them


Also hotels that have free wi-fi


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## carl_v (Jul 28, 2009)

There is no internet service aside from dialup available where I live which for anything is really unacceptable.

McD's wireless service costs money here. 2$ an hour or so

No hotels which would be private property to begin with and as I wouldn't be a paying customer that would in fact be theft

Wireless provided by the library is a public free service, it is not theft.

I have the libraries permission to be there but have not obtained a note, I will do so.


Nobody has said a word on the law on being on public property that isn't restricted.


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## kwflatbed (Dec 29, 2004)

He parked his car (tent) within parking lot and quietly settled down,
He thought it a great place to be, the best address in town,
It wasn't long before there came two coppers on their rounds,
Who said that he was trespassing, he'd have to leave the grounds,​
"You can't get me for trespassing, it's public grounds you see.
As a member of the great unwashed, this land belongs to me",
The younger copper muttered, "We have a live one here,
The thing I'd like to give him is a clip around the ear,​
And if by chance that doesn't work, then let's go in and boot him,
Charge him with assaulting Police, and maybe even shoot him".
But the old cop was much wiser, he knew a better trick,
Said, "There's a charge we'll get him on, I know that it will stick".​
So they took him to the station,
He to the cells was sent,
And the crime that he was charged with
Was_ "LOITERING WITHIN TENT"._​


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## OfficerObie59 (Sep 14, 2007)

The advice Wolfie gave seemed sound. 

As I cop, I can't speak for anyone else, but I've encountered nearly identical situations as the one you described here and it doesn't bother me. 

At my local library parking lot there's a Russian guy who sits in his car at an ungodly hours to chat with relatives overseas. After about five encounters, I don't really even bother him anymore as long as I can see the glow of his laptop on his face. He usually waves back when he sees my cruiser number.


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## Eagle13 (Jun 12, 2008)

Is this another Louie Gates?


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## DNorth (Jun 6, 2008)

My parents have dialup internet and there's absolutely nothing I can't do with their connection, that I do with this one (high-speed who knows what). Grow up, stop complaining, and get a cheap modem.

I miss WoW, but I though they stopped doing that a few years ago. I remember being behind a dump truck once that had WoW spray-painted on the back, and without warning my girlfriend at the time did indeed whip 'em out! Needless to say I was amused, along with other motorists...


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## OfficerObie59 (Sep 14, 2007)

carl_v said:


> Nobody has said a word on the law on being on public property that isn't restricted.


That's because to my knowledge, there is not law. While a public place can indeed be restricted as a private place can as long as it's posted, it must be restricted.

You tend to see this a municipal wells, parks that close after dark, etc. I believe the vehicle of law used is MGL 266/120 via case law. Also, Tresspassing on State Property is MGL 266/123.


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## carl_v (Jul 28, 2009)

Funny made me smile though I'm not a homeless camper


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## Kem25 (Aug 7, 2007)

Glad your a night owl now go find a girlfriend! It would be a shame if joined the Army reserve, got sent to war and died a virgin!


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## niteowl1970 (Jul 7, 2009)

Carl,

With all the options out there regarding free wifi.. I'd just move somewhere else or get you're own service. In life I pick my battles and this one doesn't seem like it's worth the fight.

You also have to look to you're future. Someday you might be a candidate for that towns PD and they might see you're name and say "hey remember that guy ? He's the asshole that gave us shit about parking in the library parking lot."

Don't burn bridges when you're young, even if you think it's a small bridge.


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