Don't go naked in your own home--you might get arrested.

Started by MadImmortalMan, October 21, 2009, 04:07:00 PM

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Berkut

Quote from: grumbler on October 22, 2009, 11:43:01 AM
Quote from: Berkut on October 22, 2009, 11:40:45 AM
So according to her they were not trespassing, and he was not in his kitchen, and clearly made an effort to be seen.
It does not say she was not trespassing.  Paths between houses are generally on private property.

But is it trespassing if you walk along them, if in fact it is allowed?

People walk through my backyard all the time, and I am perfectly ok with that since it is the easiest way to get from the back street to the front - and everyone knows I am ok with it.

So it isn't necessarily trespass.

And the point is that the original article implied she was actually on his property where he had no reason to suspect she would be - and at 5:30 AM. her walking her kid to the bus stop at 8:40 AM along a path between houses is a bit different.

It could still be complete bullshit, but it is not obviously so.
"If you think this has a happy ending, then you haven't been paying attention."

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Martinus

Quote from: Berkut on October 22, 2009, 11:46:33 AM
Quote from: grumbler on October 22, 2009, 11:43:01 AM
Quote from: Berkut on October 22, 2009, 11:40:45 AM
So according to her they were not trespassing, and he was not in his kitchen, and clearly made an effort to be seen.
It does not say she was not trespassing.  Paths between houses are generally on private property.

But is it trespassing if you walk along them, if in fact it is allowed?

People walk through my backyard all the time, and I am perfectly ok with that since it is the easiest way to get from the back street to the front - and everyone knows I am ok with it.

So it isn't necessarily trespass.

And the point is that the original article implied she was actually on his property where he had no reason to suspect she would be - and at 5:30 AM. her walking her kid to the bus stop at 8:40 AM along a path between houses is a bit different.

It could still be complete bullshit, but it is not obviously so.

Well, I think there are two things here. One if this is a criminal trespass.

However, another is if, even if you allow someone to pass through there, it should be treated as a public space.

Assume you let someone use a phone in your flat - should this make you liable if they see you naked there?

Berkut

Quote from: Martinus on October 22, 2009, 11:51:07 AM
Quote from: Berkut on October 22, 2009, 11:46:33 AM
Quote from: grumbler on October 22, 2009, 11:43:01 AM
Quote from: Berkut on October 22, 2009, 11:40:45 AM
So according to her they were not trespassing, and he was not in his kitchen, and clearly made an effort to be seen.
It does not say she was not trespassing.  Paths between houses are generally on private property.

But is it trespassing if you walk along them, if in fact it is allowed?

People walk through my backyard all the time, and I am perfectly ok with that since it is the easiest way to get from the back street to the front - and everyone knows I am ok with it.

So it isn't necessarily trespass.

And the point is that the original article implied she was actually on his property where he had no reason to suspect she would be - and at 5:30 AM. her walking her kid to the bus stop at 8:40 AM along a path between houses is a bit different.

It could still be complete bullshit, but it is not obviously so.

Well, I think there are two things here. One if this is a criminal trespass.

However, another is if, even if you allow someone to pass through there, it should be treated as a public space.

Assume you let someone use a phone in your flat - should this make you liable if they see you naked there?

I don't know - but if someone asks to use my phone, and I say yes, then go to my room and take off my clothes and walk out, then I would not consider it unreasonable if I got in trouble for it.

I certainly would not consider it further evidence in my angst-ridden crusade against America.
"If you think this has a happy ending, then you haven't been paying attention."

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MadImmortalMan

Quote from: Martinus on October 22, 2009, 09:28:29 AM
For the record, this story is already being reported throughout Europe (including in Poland) as an example of "LOL STOOPID AMERIKKKANS".

...And it's being reported across America as "LOL STOOPID SPRINGFIELD".  :P







If it wasn't a bizarre thing it wouldn't be in the news at all.
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"We have nothing to fear but lack of fear itself." --Larry Summers

Berkut

For the record, Marty's reaction is being reported throughout Languish as "LOL STOOPID MARTY!"
"If you think this has a happy ending, then you haven't been paying attention."

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Martinus

Quote from: Berkut on October 22, 2009, 11:54:56 AM
For the record, Marty's reaction is being reported throughout Languish as "LOL STOOPID MARTY!"

Well at least it's not part of the "Throbby's Weekly Lashout" column.

grumbler

Quote from: Berkut on October 22, 2009, 11:46:33 AM
But is it trespassing if you walk along them, if in fact it is allowed?
One of the dangers of passive voice is that it creates the impression, as in your use of it, that it is the act which is either allowed or not, as opposed to the owner who allows it or not.  I have seen no evidence either way as to what the owner's position is.  Someone on private property without permission is trespassing.  It isn't necessarily criminal trespass, of course.

QuotePeople walk through my backyard all the time, and I am perfectly ok with that since it is the easiest way to get from the back street to the front - and everyone knows I am ok with it.
So is walking through back yards allowed, or not?

QuoteAnd the point is that the original article implied she was actually on his property where he had no reason to suspect she would be - and at 5:30 AM. her walking her kid to the bus stop at 8:40 AM along a path between houses is a bit different.
Except for the time of day, these stories are not inconsistent, though they are not necessarily consistent.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Martinus

Quote from: grumbler on October 22, 2009, 11:56:55 AM
These stories are not inconsistent, though they are not necessarily consistent.

Thank you, Master yoda. :D

PDH

I remember how shocked I was the time I got roaring drunk, stumbled into the dorm room next door and saw the guy having sex with his girlfriend.  I should have sued.
I have come to believe that the whole world is an enigma, a harmless enigma that is made terrible by our own mad attempt to interpret it as though it had an underlying truth.
-Umberto Eco

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Martinus

Quote from: PDH on October 22, 2009, 11:59:25 AM
I remember how shocked I was the time I got roaring drunk, stumbled into the dorm room next door and saw the guy having sex with his girlfriend.  I should have sued.
The funny part is that someone today would sue.

Berkut

Quote from: grumbler on October 22, 2009, 11:56:55 AM
Quote from: Berkut on October 22, 2009, 11:46:33 AM
But is it trespassing if you walk along them, if in fact it is allowed?
One of the dangers of passive voice is that it creates the impression, as in your use of it, that it is the act which is either allowed or not, as opposed to the owner who allows it or not.  I have seen no evidence either way as to what the owner's position is.  Someone on private property without permission is trespassing.  It isn't necessarily criminal trespass, of course.

Right - so we don't really know. We don't even know if the path was on his property.

Quote
QuotePeople walk through my backyard all the time, and I am perfectly ok with that since it is the easiest way to get from the back street to the front - and everyone knows I am ok with it.
So is walking through back yards allowed, or not?

I imagine it depends. However, the fact that the path is there suggests that it is reasonable to presume that people will be walking along it, and it is entirely possible that people walk along it every single morning.

Again, this isn't necessarily true, but it does mitigate against the "This is obviously ridiculous!" response.

Quote
QuoteAnd the point is that the original article implied she was actually on his property where he had no reason to suspect she would be - and at 5:30 AM. her walking her kid to the bus stop at 8:40 AM along a path between houses is a bit different.
Except for the time of day, these stories are not inconsistent, though they are not necessarily consistent.

But the differences are pretty important when it comes to addressing the pinhead outrage.

Right now, it could be the case that the charges are perfectly reasonable - for all we know, Mr. Coffee knew that there would be people walking along that path, and intentionally exposed himself to them.
"If you think this has a happy ending, then you haven't been paying attention."

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Ed Anger

Quote from: Berkut on October 22, 2009, 11:54:56 AM
For the record, Marty's reaction is being reported throughout Languish as "LOL STOOPID MARTY!"

that is every day.
Stay Alive...Let the Man Drive

Berkut

Quote from: PDH on October 22, 2009, 11:59:25 AM
I remember how shocked I was the time I got roaring drunk, stumbled into the dorm room next door and saw the guy having sex with his girlfriend.  I should have sued.

You should have stayed - he left the door open for a reason.
"If you think this has a happy ending, then you haven't been paying attention."

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Martinus

I love the fact that in America you can legally kill people who trespass on your property, but heavens forbid they see you naked.

Fucked up country.  :lol:

garbon

"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.