Trespassing charge

Discussion in 'Medical Topics' started by Katie Dainson, Nov 27, 2018.

  1. lbfjrmd

    lbfjrmd Pre-takeoff checklist

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    Yes, 'twas me crying, as Dr. B is the best!
     
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  2. PeterNSteinmetz

    PeterNSteinmetz Pre-takeoff checklist

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    Well, of course, you can appeal to a real court, after several hundred thousand $ and years
     
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  3. bbchien

    bbchien Touchdown! Greaser!

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    And he (Peter) is otherwise correct :)
     
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  4. lbfjrmd

    lbfjrmd Pre-takeoff checklist

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    concur
     
  5. SkyDog58

    SkyDog58 Touchdown! Greaser! PoA Supporter

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    POA never fails to entertain. :rofl:
     
  6. midlifeflyer

    midlifeflyer Final Approach

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    Made an error when I posted the application question. It was an old version. the current one is a bit different in that it asks about certain traffic offenses. Here's the current version. But still no arrests for "plain vanilla" offenses.

    upload_2018-11-29_15-58-47.png
     
  7. Rushie

    Rushie Pattern Altitude

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    That looks like the same verbiage as in what I posted in #34. It was from "instructions" if I recall in a PDF format. It was all I could pull up without creating an account. It was not horizontal like yours.
     
  8. PeterNSteinmetz

    PeterNSteinmetz Pre-takeoff checklist

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    Thanks. I also corrected that inadvertent admission in my original post to avoid misleading people.
     
  9. Rushie

    Rushie Pattern Altitude

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    Oh this thread was so good I went and got popcorn. It looked like Dr. Lou dissed John but it tuned out he was only dissing himself and Bruce chimed in with a non answer yet insightful commentary and we have several posts cautioning about the creeping police state, and there was debate about convicting the innocent (apparently it only happens in Dallas) and we have no fewer than three pictorial representations of the alleged FAA position on whether a trespassing arrest must be reported after which Peter summarizes in one simple sentence the exact reverse of the correct answer; Bruce returns and endorses a correction thereof, Dr. Lou concurs and, it's finally answered and blessed by both resident experts! Except.... the OP said there was no arrest, so it's all moot.

    I guess the OP need report nothing unless and until there is a conviction after which it must be reported under 18(w).
     
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  10. SkyDog58

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    Old dog w/o new tricks
    Beautiful recap.
     
  11. Half Fast

    Half Fast En-Route

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    Y'know, if you had just written this in the first place we could have avoided the last two pages.

    :)
     
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  12. midlifeflyer

    midlifeflyer Final Approach

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    You had the right language in yours, but when I posted a snapshot of the pdf version of the application itself before, it was from an earlier version which did not contain the "arrest" language in the traffic question. I was correcting my post.

    That particular question has been tweaked a few times to capture everything the FAA wants when it comes to drug/alcohol related driving offenses.
     
  13. SkyDog58

    SkyDog58 Touchdown! Greaser! PoA Supporter

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    And missed all the fun?

    What’s wrong with you?!

    :cool:
     
  14. Ravioli

    Ravioli Final Approach PoA Supporter

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    Nah, if too low in the post count it wouldn't be accepted as correct. ;)
     
  15. jsstevens

    jsstevens En-Route PoA Supporter

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    I didn't realize that was post count dependent...:)
     
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  16. bflynn

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    Many times there is no arrest with trespassing, as is the case here. If the case is dropped without a conviction, then it does not meet the arrest or conviction categories that trigger reporting.

    What class of crime was this? A misdemeanor? Or a civil municipal charge?
     
  17. tawood

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    If you receive an appearance ticket (for a misdemeanor such as trespassing) this IS an arrest...just an arrest without being taken into custody. I know it sounds contradictory...
     
  18. midlifeflyer

    midlifeflyer Final Approach

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    That will depend of a particular state's definition of "arrest." In most, arrest means "detention," and a citation is an order to appear instead of arrest or continued arrest. In some citations are issues if you haven't been arrested; in others, citations are issued after you have been arrested (instead of waiting for bail), but in bot those cases, they are not equivalent terms.
     
  19. tawood

    tawood Pattern Altitude

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    So I looked it up (since I mainly only deal with my home state)...actually, in most (26) a misdemeanor citation usually means arrest. 24 do not consider a citation an arrest...
     
  20. midlifeflyer

    midlifeflyer Final Approach

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    Yeah, if I remember correctly - I looked it up for someone e years ago - Michigan allow someone who has been arrested to be released after the arrest with a citation. I think it's more citation means there has been an arrest, so you have both, rather than meaning the same thing.
     
  21. Kenny Phillips

    Kenny Phillips Cleared for Takeoff

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    Yep. Ohio is one of the "arrest doesn't necessarily mean custody" states.
     
  22. midlifeflyer

    midlifeflyer Final Approach

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    Which statute are you looking at? Here's the Ohio one on citations:

    2935.26 Minor misdemeanor citation.

    (A) Notwithstanding any other provision of the Revised Code, when a law enforcement officer is otherwise authorized to arrest a person for the commission of a minor misdemeanor, the officer shall not arrest the person, but shall issue a citation, unless one of the following applies:
     
  23. PeterNSteinmetz

    PeterNSteinmetz Pre-takeoff checklist

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    Several legal dictionaries suggest that an arrest is when a person is no longer free to leave :

    “An arrest is using legal authority to deprive a person of his or her freedom of movement.” https://www.law.cornell.edu/wex/arrest

    There is of course also a detention, when one is not free to leave due to an investigation, but that is usually considered not the same as an actual arrest.
     
  24. midlifeflyer

    midlifeflyer Final Approach

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    Thats pretty much universal. All the "citation" and similar statutes I've looked at (including the two states mentioned) have been as an alternative to an arrest.
     
  25. timwinters

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    That's why I've been "arrested" in soooo many states! (See signature map) :cool:

    It was simply a matter of getting pulled over for speeding. I traveled a LOT in a previous career and my boss was an attorney. He said "you drive, I'll fix the tickets." I did and he did! :)

    My favorite was in rural SE Georgia. I got pulled over by the same state rod two weeks in a row.

    "Didn't I just pull you I ever last week?" He asked.

    "And gave me this warning, maybe?" was my response. (It was still in the envelope with my insurance and registration.)

    He shook his head, walked back to his car, and came back with another warning!
     
    Last edited: Dec 2, 2018
  26. DesertNomad

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    I was detained by a police officer (or some sort of State security guy) in a small town in Sudan who sent me to the police station to have my photography permit inspected by the local commander. I certainly did not report that as an arrest, though I'm not sure I was free to ignore the guy.
     
  27. ircphoenix

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    As a malpracticing attorney, I highly recommend just not getting arrested in the first place... for trespassing or otherwise. Then it's basically a non-issue. If you're already in that situation, you probably make bad choices... so I'd start with stopping that. But that's just me.
     
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  28. JOhnH

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    :D Is that really what you meant to say?
     
  29. Palmpilot

    Palmpilot Touchdown! Greaser!

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    I assumed that he was trying to be funny.
     
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  30. ircphoenix

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    Considering I'm not a lawyer... yes. :D

    Sent from my Pixel 3 using Tapatalk
     
  31. ircphoenix

    ircphoenix En-Route

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    Only trying? Not successful? :-(

    Sent from my Pixel 3 using Tapatalk
     
  32. midlifeflyer

    midlifeflyer Final Approach

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    Apparently not.

    If it's any consolation, I got it the first time.
     
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  33. JOhnH

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    No, it was funny. Whether or not you are a lawyer. I just wasn't sure if you were a lawyer or not.
     
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  34. Zeldman

    Zeldman Touchdown! Greaser!

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    So how was that Holiday Inn Express..?? :lol::lol:
     
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  35. SkyDog58

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    Well yeah, it takes one to know one.

    :D:D:D
     
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  36. azure

    azure Final Approach

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    Or that it was some kind of "in" joke or lingo, like referring to physicians who specialize in orthopedics as "orthopods".