Criminal law — Trespass — Trespass charge dismissed where defendant departed restaurant when told to do so by officer working an off-duty detail and, after again being told to leave as he stood on public sidewalk outside of restaurant, defendant walked to adjacent building — Resisting officer with violence — Resisting charge based on defendant’s reaction to being forcefully pulled by officer when he attempted to walk away after officer asked him to produce identification so that officer could make trespass arrest is also dismissed — Officer was not engaged in execution of lawful duty, but acting as agent of restaurant manager, in issuing trespass warning — For the same reason, charge of battery on law enforcement officer is dismissed and reduced to charge of simple battery, which does not require proof that officer was engaged in execution of lawful duty
Legal Topics
Criminal law — Trespass — Trespass charge dismissed.
Oct 08th, 2024 in by admin