Only Photographed an Illegal Building… Trespass? Acquitted in the End

Case Overview

In this case, the defendant was indicted for Trespass for briefly entering a neighboring yard to take photographs in order to verify whether a building was illegal. The location had no wall or fence and could easily be entered by anyone, and it was a space that construction workers frequently passed through. The defendant was merely trying to confirm the facts in preparation for a complaint about the illegal construction, with no intent to occupy the property or to threaten anyone.

Our Strategy

I emphasized that the crux of Trespass lies in 'whether the peace of the resident was disturbed.' I relied on the facts that no resident was present at the scene at the time, and that the manner and purpose of the defendant's entry were within the bounds acceptable under social norms. Citing Supreme Court precedent, I also persuasively argued that a space without clear boundaries or access controls can hardly be regarded as an ordinary residence. The court accepted these arguments and acquitted the defendant.

Result · Acquittal

Only Photographed an Illegal Building… Trespass? Acquitted in the End

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.