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State v. Hamilton4/5/2004
nversation with Mr. Hamilton I turned to return to the SOC area into the driveway. Mr. Hamilton followed me across the roadway. As we got about halfway across the roadway I had realized he was behind me, I turned --
Q: The roadway that you're referring to --
A: Is River Road.
Q: Okay.
A: I had stopped, turned to Mr. Hamilton and advised him once again that if he proceeded across the roadway and onto the SOC driveway that he would be placed under arrest.
Q: And was there any response to that by Mr. Hamilton?
A: By Mr. Hamilton? He acknowledged exactly what I had told him. I then turned and continued across the roadway and Mr. Hamilton followed me. As we reached the SOC driveway on that property, he was placed under arrest.
Defendant Knott was arrested shortly thereafter when she too entered"into the driveway of the SOC facility."
Both defendants were charged with trespassing on Sewer Operating Committee property of Princeton Township. The complaints alleged, among other things, that the restriction, not to trespass, was actually communicated to the defendants.
The record reflects that the point of trespass was functionally the entrance driveway to the municipal property, but legally it was still within the county road right-of-way that extended about twenty feet beyond the edge of the paved two-lane road. The charging officers believed the point of infraction was on municipal property and apparently the demonstrators also thought the arrests occurred on the SOC driveway. The State learned of the mistake in the complaint about six weeks prior to trial in municipal court and readily admitted the discrepancy during that trial. Defendants were also aware of the discrepancy before trial in municipal court, although they were not aware the State would concede the issue.
We find no violation of defendants' due process rights. In relevant part, N.J.S.A. 2C:18-3 provides:
b. Defiant Trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor....
The elements of N.J.S.A. 2C:18-3 do not include the particular characterization of the infraction location and although such a mistake could hypothetically impair the legitimacy of a charged violation, no such impairment occurred in the present instance. Defendants knew exactly where they should not go and where they were permitted to be. There was no confusion or mistaken beliefs by defendants. Corporal Cifelli made it abundantly clear that the protestors were not to cross the road onto the driveway entrance. Defendants chose to ignore this reasonable and explicit limitation on their right to demonstrate. The discrepancy in the complaint did not alter the substantive offense charged. The complaint could have been amended by the municipal court judge during trial. R. 7:14-2; see also, State v. Ryfa, 315 N.J. Super. 376 (Law Div. 1998) (holding that municipal court had authority to amend summons charging driving under the influence of alcohol to reflect undisputed locale of offense where summons originally indicated wrong municipality). The failure to actually amend the complaints in the present instance is inconsequential in light of defendants' knowledge and the State's admission that the trespass occurred on county property. If defendants really believed that trespass on a county right-of-way presented them with defenses not available when charged with trespass on municipal property, they were able to raise those arguments a
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