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Thread: Gated Community - exempt from 626.9?

  1. #1
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    Okay so I live in a gated community. It's actually the old base housing that used to belong to McClellan AFB. We have(or are supposed to have) controlled access to our little community.

    A private security company runs the main gate and patrols the grounds. As tenants, we are also advised to call the security company for armed response or the Sheriff Dept. directly for emergencies.

    The property management recently sent out a letter explaining that their rent-a-cops will be pulling people over and issuing fines for traffic/parking violations.

    I'm thinking that the whole complex is treated as private property in the eyes of Johnny Law. So if that's the case, does 626.9 apply?

    I ask because there is an elementary school right ouside one of the gates in a high-traffic area of the property. I'm playing it safe for now and still not going within 1000' of that school.

    Not looking for specific legal advice, just opinions. What you all think?

  2. #2
    Regular Member Legend_AB's Avatar
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    I would think that since it's gated and has controlled access it should be treated as

    private property. If it were public property why the gate and security?

  3. #3
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    I think the legal boundary is whether or not tax dollars pay for upkeep on the roads. If they are private roads paid for by a private person/company/organization, then it is not public property. Remember, 626.9 specifically exempts private property.

    12031, on the other hand applies to all public places - including your front yard if it's not fenced in and locked up. A good rule to follow is: if a door-to-door salesmen can walk there without breaking & entering, then it is considered public access. However, that would be up to the judge/jury to decide. All we know for sure is that simply being on private property does not exempt you from the statute. (See People v Overturf)
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  4. #4
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    It is presently considered to be safe as private property, residence and business are exempt.

    The issue right now is that a DA (shal remain nameless) is trying to get case law to say 626.9 exemptions don't count unless YOU own the property, business, or residence.

  5. #5
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    All good points, Gents. I will make a call and see who exactly maintains the roads and grounds. I believe it is the property manager, since everytime a street gets flooded, it's the local maintenance crew that comes out to deal with it. I will make sure though.

    Theseus - What can I say but Damn.... That would royally suck if that DA pulls it off at trial. More $$ coming to your defense soon.



  6. #6
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Theseus wrote:
    It is presently considered to be safe as private property, residence and business are exempt.

    The issue right now is that a DA (shal remain nameless) is trying to get case law to say 626.9 exemptions don't count unless YOU own the property, business, or residence.
    By that rationale, we can UOC on public property since we, the public, own it. What a ******.

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