I have seen this and similar arguments posted before. I strongly disagree and think you can have the person arrested for criminal trespass in a case like this.Soccerdad1995 wrote:And to get to an actual example that is equivalent to the current 30.06 laws, you can't have someone arrested because you caught a glimpse of their pro-Hillary button that they had attempted to conceal under their jacket. Even if you put up a huge sign saying "No Hillary supporters are allowed to enter this building".
PC 30.05 says a person commits an offense if they enter without effective consent. Consent must be communicated in some manner. A big sign saying "No Hillary supporters are allowed to enter this building" would constitute notice, IMO, that there is no consent to enter the building for people who support Hillary. Thus, a person walking in who is wearing a button indicating their support for Hillary has violated the law the moment he walks in the door, whether you can see the button or not. And you can call the police and have him arrested the minute you see the button (or earlier if you already know him to be a Hillary supporter). No where in PC 30.05 does it say anything about orally asking the person to leave before the offense is committed.
I believe the problem is that you, and others who think this, are conflating what the law says with how things are normally done. As a police officer, if you called me about this, I would normally try to get the person to leave instead of arresting him because I almost always tried to achieve a peaceful resolution to a problem of this nature. But if a complainant called the police and then insisted that they wanted the person arrested and charges filed, I would be denying the arrest at the peril of a suspension when they complain tot eh department. If I did not arrest but wrote a report and filed the charges so they could be arrested later, I might be OK but they charge would probably go through and get a warrant issued.
Be careful when reading too much into the law. PC 30.05 does NOT require a property owner to confront any trespasser before calling the police.