[Noisebridge-discuss] Interaction with the police during the night of the 31st in regards to the fire escape and ladder to roof.

[Sai Emrys]

On Mon, Nov 2, 2009 at 3:24 PM, Christopher Nielsen <m4dh4tt3r at gmail.com> wrote:
> While you are correct that homes are more protected, public space or
> not, Noisebridge is private property, not public property. Police
> still do not have a right to enter without consent, probable cause, or
> a warrant.

Agreed. But it's private property in about the sense that a bar is
private property - I think I've heard the term "semi-public place"
used legally. (Probably more public than a bar even, because we don't
have a bouncer prohibiting entry to randoms, except for unusual things
like SF0.)

But TBH I don't know the details on this one; I vaguely remember it
being important to questions of legal entry, but I've not been able to
find a good cite. (All my ghits are for UK/AU law. :() If someone can
actually cite something authoritative about police rights of entry to
semi-public places, I'd be interested.

As a practical matter though, I think that what we can do is unchanged
regardless of what the law is on this - be polite to the cops,
politely refuse entry without a warrant, and don't get in their way if
they say they don't need one. I think we all agree on that.

If it turns out that they actually did need one, all the evidence can
be thrown out in any trial. (Hopefully that never happens, of course,
but that's where one argues legal details - not at the door.)

- Sai