265 P.3d 36
Or. Ct. App.2011Background
- Apartment complex management issued defendant a written notice of exclusion prohibiting entry or remaining in common areas, warning of criminal trespass penalties.
- Months later, Flynn, a tenant, invited defendant to visit; defendant was found in the parking lot cleaning Flynn's car when approached by a police officer.
- Defendant was charged with second-degree criminal trespass (ORS 164.245) and a bench trial followed.
- Defendant moved for a judgment of acquittal after the State rested, arguing the State failed to prove he was not licensed or privileged to be in the common area.
- Trial court denied the motion and found defendant guilty; on appeal, question was whether Flynn’s invitation was superseded by the manager’s exclusion.
- Court applied common-law trespass principles, holding a tenant generally may invite guests to common areas unless lease terms limit that authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Flynn lack authority to invite defendant to the common area, such that defendant was not privileged to be there? | State: Flynn lacked authority after exclusion; guest not privileged. | Schneider: Flynn had authority to invite; exclusion did not bar his guest. | No; Flynn had authority to invite, making defendant privileged. |
| Did defendant's knowledge of Flynn's lack of authority affect the outcome? | State: defendant knew there was no authority to invite. | Schneider: reliance on Flynn's invitation was privilege; knowledge not shown. | Not necessary to prove lack of authority; privilege existed via Flynn's invitation. |
Key Cases Cited
- State v. Hartfield, 290 Or. 583, 624 P.2d 588 (Or. 1981) (two-element test for non-privilege under invitation)
- State v. Hall, 181 Or. App. 536, 47 P.3d 55 (Or. App. 2002) (foundation for trespass beyond common understanding)
- Arbee v. Collins, 219 Ga. App. 63, 463 S.E.2d 922 (Ga. App. 1995) (guest privileges on common areas generally with tenant's rights)
- L.D.L. v. State, 569 So.2d 1310 (Fla. Dist. Ct. App. 1990) (no-trespass notices and invitees context in housing)
- Dixon, 169 Vt. 15, 725 A.2d 920 (Vt. 1999) (landlord cannot block tenant invitees from common areas)
- Widell, 146 Wash. 2d 561, 51 P.3d 733 (Wash. 2002) (lease terms may limit tenant's invitation rights)