I was doing laundry in a pay laundry facility of a residential complex where i don’t reside. I stepped out to smoke a cigarette. police officer approached me asking what i am doing here, I told him i am doing my laundry. he asked which apartment I live in. I told him I don’t live here.
At this time another officer came. Officer 1 told officer 2 that I don’t live in this complex. officer 2 asked me where i am from and how long i have been here. I answered him. Officer 2 said ” WE HERE like private property rights” I said yes but i didn’t disturb anybody,there’s no sign saying this is for residents only, no trespassing signs are posted, the doors are unlocked and the lights are on. I also paid to get the service and nobody told me that i shouldn’t or requested me to leave.
I was arrested for criminal trespassing 3rd degree. I paid a bond and got out of jail with a court date of july 1st where I pleaded not guilty in front of the judge. The judge set July 16th for a hearing.
Notes: 1)The arresting officer never asked me to leave or to escort me off property.
2)There was no fence or locked doors to area I was in or any signs of no
trespassing or the laundry facility is only to be used by residents of the complex.
3)I didn’t hinder the use of residents to the laundry facility and I was not
disturbing the peace.
4)Arresting officer failed to write the correct profession and address on the
paperwork.
5)The officer asked me about my national origin and used the word “WE HERE”
excluding and alienating me from this society I legally live in.
Chosen Answer:
It really depends on the law in your state. Talk to a lawyer about it. Was it a lawful arrest? It probably was lawful in the sense that they had probable cause, but let’s look at anther example….
What if the apartment complex had a convenience store in it? Would you be trespassing by going into THAT business and purchasing a soda?
Since the laundry facility CHARGED you for the service and there were no signs or controlled access, then I believe you have a good case to say that you were on private commercial property (as every business is, btw) performing a business transaction with a business that never asked you not to.
It might be helpful to contact the owner of the property and ask him if he had a problem with you using his facility. If he says no, then he’s a great witness for you. It’s very possible that he may be upset with the police for depriving him of the revenue of the extra business he was getting from you.