legal argument: trespass in the state of Florida

legal argument: trespass in the state of Florida.

This assignment requires you to analyze statutory and case law, determine whether defendants violated that law, and then advocate for your position. For this assignment, I want you to consider the following situation:

A dozen environmental protestors were protesting the opening of a nuclear power plant in central Florida. The protestors set up their protest camp on public land, which was surrounded by private property, mostly farm and ranch land set apart by woods, canals and natural brush. James Neeson, owner of Cattle K ranch, told local law enforcement that if the protestors left their camp and entered his land, he wanted the protestors arrested for trespassing on private property.  During the protest, the protestors departed the public land, swam across a canal, and entered the natural brush owned by Cattle K ranch. There were no visible “No trespassing” signs. Central Florida Police Department (CFPD) officers did not give the protestors any verbal warnings not to enter the brush. There was a partial fence made of chicken wire surrounding Cattle K that was about 2.5 feet high, but it was broken in certain areas, including the area the protestors crossed to enter the brush.  After the protestors were done surveying the brush, they swam back across the canal, re-entered the public land, and were arrested by CFPD officers for trespassing on private property.

You will need to research Florida Statutes and Florida case law to properly respond to this paper.

  • Research the Florida Trespassing Statute
  • Review at least the five cases attached. You may consult additional cases from any Florida court, if you desire.
  • Draft a legal argument that addresses, at a minimum, the following:
    •  What are the elements of trespass in the state of florida.
    •  What are the material facts of this case, namely, what facts do or do not support a finding of trespass.
    • What law determines whether or not the protestors trespassed. Summarize the relevant law.
    • Using the relevant law as a guide, decide whether or not there is enough evidentiary proof to justify the charge of trespass against the protestors. 
    • Using Florida Statutes as a guide, address the potential punishment for the crime of trespass should the the protestors be prosecuted and found guilty.
    • Draft a persuasive argument as to whether or not the protestors are guilty of the crime of trespass.
    • The essay is to be (1) written in the third person; (2) supported by evidence from reliable sources; (3) written in the form of a persuasive argument. 

Attached Files:

  •  Smith v State.pdf 

     (44.649 KB)

  •   Gestewitz v State.pdf 

     (45.691 KB)

  •   State v Cormier.pdf 

     (35.456 KB)

  •   Rodriguez v State.pdf 

     (62.331 KB)

  •   Baker v State.pdf 

     (39.127 KB) 

Must use Hails, J. (2014) Criminal Evidence, 8th ed. Cengage Publishing. ISBN 9781285079097 as part of your references. 

  • This paper must be written in proper APAformat, and correctly cite and reference sources per the APA conventions. Please see the resources available in the Instructor’s Resources folder (in “Start Here”) for APA formatting and other writing tips.
  • To fully address the topic, a minimum of three to four pages would be required (not including cover page or reference page)
  • All sources must be appropriately cited

legal argument: trespass in the state of Florida


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