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Wilkinson case: You must be asked to leave before being arrested for trespass

Originally posted on Green Chip by Stanford Wong

The initial case was The State of Nevada v. Annette Wilkinson also known as Jackie Owens, case number 0662-78M in the Justice Court of Las Vegas Township, Clark County, Nevada, on 9 March 1978. The facts were that Security Guard Frank M. Baker of the Holiday Casino took Wilkinson and another female to the Security Office on 11 December 1977, advised her that she was not welcome, and read her the Trespass Act. When he again saw her in the casino on 17 February 1978, he placed her under citizen’s arrest for trespassing. On neither occasion was Wilkinson annoying either the owner or any other occupant of the hotel. She was not acting in a disorderly manner. Nor did she destroy any property. Nor did she cause a public disturbance. Mr. Baker testified that he saw Wilkinson commit no misdemeanor or felony other than his belief that she had committed trespass against the hotel. Wilkinson was found guilty of trespassing and fined $50.

On 23 March 1978, an appeal was filed, case number C40816 in the Eighth Judicial District Court of the State Of Nevada. The conclusion of the appeal:

1. The Criminal Trespass Statute, NRS 207.200, is unconstitutional in its application against Defendant Annette Wilkinson aka Jackie Owens and the case is ordered dismissed.

2. The evidence produced at the trial is insufficient to cause Defendant Wilkinson to be found guilty since she was not given an opportunity to leave the hotel on the date of her arrest, being February 17, 1978.

3. The evidence is insufficient to convict the Defendant since no acts of misconduct occurred either on the date she was originally told not to return to the hotel nor on the date of her arrest.