In Re Quinn

Facts

On July 25, 1971, petitioners John Emmett Quinn and Thomas and Richard Quimette were fishing in the waters of the California Aqueduct from the Cadet Road bridge in Kern County. The bridge, which is without a sidewalk or other provision for pedestrians, is owned and maintained by the County of Kern. Erected on the bridge was a clearly visible sign which read “No Fishing or Loitering from Bridge.” They were cited by Kern County Sheriff’s deputies for violation of Kern County Ordinance No. 2605, which prohibits loitering or fishing on bridges in Kern County.

Also on July 25, 1971, petitioners Patrick Warren Keefer, Robert Joseph Cloud, Harry Bennett Reynolds, and Gerald W. Underhill were fishing from the banks of the California Aqueduct in Kern County. While doing so, each was situated inside a portion of the canal bank which was closed off by a "Cyclone" or "common hogwire" fence. The fences were posted every 600 feet and at the intersection of all gates and bridges with "no trespassing" signs. Each of these petitioners was arrested for trespassing,2 a violation of Penal Code section 555.

All of the petitioners , were tried and convicted of their respective…