
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, September 12, 1995                   TAG: 9509120018
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: RAY REED
DATELINE:                                 LENGTH: Medium

LAW SEEMS TO FORGIVE TRESPASSES

Q: I recently awoke at 4 a.m. to find a drunken college student in my house, but when I went to swear out a warrant for trespassing, I was told at first that his being in my home was not technically trespassing. The magistrate had a hard time finding something to charge him with. Would you please explain what constitutes trespassing and what doesn't?

K.W., Salem

A: If that isn't trespassing, we ought to rewrite the law.

You explained in a follow-up conversation that the authorities eventually charged your uninvited intruder under section 18.2-121 of the state code, which covers a person's right to use his property free of interference.

You seemed to be concerned regarding the authorities' hesitation to issue an arrest warrant, and a brief delay while they found the code section to cite for the violation.

A couple of commonwealth's attorneys in other localities say the charge that was eventually filed was correct in your situation. While several laws apply to trespassing, only one seems to fit the nerve-wracking circumstances of your experience.

Though you didn't get a sympathetic ear at first, it's fair to say the events were a bit unusual from the magistrate's perspective as well as yours.

A person who slips into another's house at night usually violates a lot more than privacy. The magistrate is accustomed to writing warrants for burglary and larceny or assault.

In your case there was no sign of forced entry, though the means of entry was a mystery. The intruder left when you told him to get out, so there was no evidence he had any criminal intentions that could justify a felony charge.

A typical trespassing case involves someone's entering property where a no-trespassing sign is posted, or where the owner has told the individual to stay away.

You never met this stranger before, so obviously you couldn't have told him to stay out. But your closed door should have been sign enough, particularly if it was locked, as you're pretty sure it was.

Safe crossing?

Q: Has anyone ever been hit by a train at the Jefferson Street pedestrian crossing near the new bridge over the railroad tracks?|

|. J.R., Roanoke A: Apparently not. Several Roanokers who keep a close eye on matters like this couldn't remember any pedestrian fatalities since the Jefferson Street crossing opened in the mid-70s.

That doesn't mean the bridge can't be justified from a safety standpoint, though. Enough train-pedestrian accidents occur elsewhere to prove the danger.

The Jefferson Street crossing may have been a charmed location for years.

Cars and trucks crossed the tracks at grade level on Jefferson Street until the Hunter Viaduct was built in the mid-50s, and the crossing gate was lowered by a watchman in a tower whenever trains approached.

Veteran rail employees said they can recall no car-train collisions on Jefferson Street in those years.|

Got a question about something that might affect other people, too? Something you've come across and wondered about? Give us a call at 981-3118. Maybe we can find the answer.

by CNB