Search Seizure or Trespass Essay
- Length: 5 pages
- Sources: 4
- Subject: Business - Law
- Type: Essay
- Paper: #64863136
Excerpt from Essay :
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF FACTS
Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.
The sudden injection of the fairy land creatures to this part of the town and on the property of Shrek the Ogre has caused considerable harm to him and violates his rights. The property has been designated as the resettlement facility, as per the claim being made by the fairytale creatures. They claim that they were not invited and didn't want to come to the swamp even, in the first place; instead they were made to come there by Lord Farquaad. They were given no choice, and are in a fact the victim themselves in this situation. Shrek the Ogre claims that this is trespassing, since no one had sought his consent in any way for the use of his swamp. The fairytale creatures have testified that this is not trespassing since they never had any intention of stepping on the Ogre's property but were forcefully evicted, and therefore their intention needs to be considered firstly in this case.
Lord Farquaad himself does not deny that he took these actions, but backs them with the theory that they were done in the interest of the community and the greater good. For him the removal of the fairytale creatures does conform to the standard of being considered as the greater good. He considers them evil and therefore the best course of action, as per him, is the restraining of these creatures in a secure facility, where a look can be maintained upon them. It is for this purpose that the chose the site of the swamp, which as per him, would serve in the public interest. He has sought the counsel of his Courts and Noblemen, which is as close as a Congress form that he has, and it is upon their decision and advice that he has acted. Therefore, there is no question of acting out on the basis of self-interest.
ARGUMENT AND AUTHORITY
FAIRYTALE CREATURES HAD NO INTENTION OF TRESSPASSING, AND WERE FORCED UPON THE LAND, THEREFORE THEIR ACTIONS CANNOT BE CONSIDERED "WRONG"
The Elements of the Action. A trespass is considered to have occurred when a person intentionally, recklessly or negligently enters land in the possession of another. (Gallin v. Poulou (1956) 140 Cal. App. 2d 638, 645) (Gallin v. Poulou). But the defendant's intrusions are not of any possessory kind. (Halperin v. Pitts (2011)) (Halperin v. Pitts). However, for the greater good of the community and for redevelopment purposes the Government does have the right to occupy private property. (Kelo v. City of New London, 545 U.S. 469 (2005)) (Kelo v. New London). This act was in consent with this Governors and Court members and therefore didn't imply any wrong doings on his part. (Youngstown Sheet & Tube Co. v. Sawyer, 343, U.S. 579 (1952)) (Youngstown Sheet and Tube Co. v. Sawyer).
Lord Farquaad Actions is not reflective of the Fairytale Creatures Intention. The fairy tale creatures are making their argument by giving a detailed account of the events which have led to their eviction and finally finding themselves on the private property of the Ogre. They claim that since there actions do no imply as trespassing, since they didn't have any intention of doing it.
Furthermore, they claim that it is the actions of Lord Farquaad, which should be taken into account. His actions stem from his dislike of the fairytale creatures and therefore planned to remove them from the surrounding of this own constituency and resettle them far away. It is for this purpose that he had selected the swamp.
The fairytale creatures knew that this was a private property but they were forced onto the land,…