Ms. Prather, please learn the law (and its proper application) before you type. Yes, you’re right, trespassing (PC 602) is a charge that property owners, or those with standing, use to remove unwanted people from their property or business. HOWEVER, those same individuals need to make a citizen’s arrest (AKA Private Persons Arrest) of the person that is trespassing.

For example, a homeless person can not be simply taken to jail for being on one’s property as you alleged in your first posting. First, the owner or representative would need to command the person to leave and then that person would need to refuse to leave. Secondly, that owner or rep would need to place the offender under citizen’s arrest. A police officer while driving through your neighborhood can’t demand someone get off your driveway when you aren’t home. Unless that officer knows that particular individual has been warned or cited for trespassing on your property, he/she is powerless to make them leave.

I’ll say it again. Unless there is a victim that is willing to press charges on a misdemeanor case, there is technically no crime.

PLEASE stop making blanket statements that allege things that aren’t true. Because homeless persons are in jail doesn’t mean they were picked up just for being homeless. It’s not against the law to be homeless. They’re in jail because either the police saw them commit a crime in which the People of the State of California was the victim OR there was an actual victim that pressed charges if it was a misdemeanor. If it was a felony the police, with probable cause, can make an arrest whether or not the victim desires prosecution.

First of all, if ANYONE “smashed up a Starbucks” it would either happen while the employees are there or after hours in which case they would, assuming the offender was caught, sign a citizen’s arrest and the offender would be cited for the misdemeanor offense or taken to jail for the felony (without a C/A depending on dollar loss).

If it happens in the officer’s presence the offender would be cited and released (or taken to jail) for the misdemeanor or taken to jail for the felony.

What no one seems to understand is that the act in question did not happen in front of a police officer AND the “victim” has not come forward to press charges. So, like it or not, NOTHING is going to happen. Get over it.

As one point of clarification from the posts, Ms. Bonodio publicly stated at the Lafayette council meeting that she is a former Marine. The original newspaper stories identified her as a Marine, and I’m unclear precisely how that happened.

As one point of clarification from the posts, Ms. Bonodio publicly stated at the Lafayette council meeting that she is a former Marine. The original newspaper stories identified her as a Marine, and I’m unclear precisely how that happened.

The purpose of the police in America is to protect private property. Doesn’t Chief Fisher know that? I forgot, the rules are different if the destroyer is a wealthy white Republican and the property being destroyed tells a truth our government would rather we didn’t know.

The purpose of the police in America is to protect private property. Doesn’t Chief Fisher know that? I forgot, the rules are different if the destroyer is a wealthy white Republican and the property being destroyed tells a truth our government would rather we didn’t know.