In re B.J.M.
2017 Ohio 8202
| Ohio Ct. App. | 2017Background
- Juvenile B.J.M. was charged with criminal trespass under R.C. 2911.21(A)(3) for being in Dudley Park (Willowick) on Aug. 14, 2015 after a police officer on Aug. 2 orally told him he was "no longer allowed in any of the parks" for the remainder of the year.
- On Aug. 2 officers responded to disturbances at the park and orally informed B.J.M. (and his father) he was banned from Willowick parks because of repeated incidents involving him and other juveniles.
- On Aug. 14 officers found B.J.M. at the basketball courts and cited him for trespass based on the earlier oral ban.
- A magistrate found the charge true; the juvenile court approved an amended magistrate decision and placed B.J.M. on community control and ordered him to stay out of Willowick parks.
- On appeal, the Eleventh District considered whether a police officer has authority to unilaterally revoke a person’s privilege to enter public parks and whether B.J.M. was afforded due process.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (B.J.M.) | Held |
|---|---|---|---|
| Whether a police officer may unilaterally revoke a person’s privilege to enter public parks (thereby supporting a criminal trespass charge) | Officer authority to revoke privilege is permissible where prior disturbances justify a ban; officer gave actual notice to B.J.M. | No ordinance/statute delegated power to officer; oral unilateral ban denied due process and opportunity to contest | Court held officer lacked authority to categorically ban B.J.M. without process; privilege was not properly revoked and evidence of trespass was insufficient |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (governs sufficiency-of-evidence review and proof beyond a reasonable doubt)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (a conviction based on legally insufficient evidence violates due process)
- Chicago v. Morales, 527 U.S. 41 (1999) (freedom to loiter for innocent purposes is protected liberty)
- Kennedy v. Cincinnati, 595 F.3d 327 (6th Cir. 2010) (officer-issued no-trespass warnings that bar public-access rights can violate due process when issued without justification or procedures)
- State v. Shelton, 63 Ohio App.3d 137 (1989) (officials may not revoke access to public spaces as a nuisance without sufficient justification or process)