United States v. Karen Talbot Hazel Grossman

Good Law
51 F.3d 183·95 Daily Journal DAR 3507·1995 WL 124612·1995 U.S. App. LEXIS 5545·95 Cal. Daily Op. Serv. 2071
United States Court of Appeals for the Ninth CircuitMarch 21, 199594-10003California3,029 words

Opinion

Opinion

O'Scannlain, J.

We must resolve procedural issues arising out of the arrest of protest demonstrators on the steps of the federal courthouse in San Francisco by Federal Protective Service police for violation of federal property management regulations.

I

On January 15,1993, Talbot and Grossman participated in a protest demonstration at the Philip Burton Federal Building and Courthouse on Golden Gate Avenue in San Francisco. Federal Protective Service (“FPS”) police closed off the entrance to the building and hung tape reading “Police Line — Do Not Cross.” Despite these warnings, a group of seventeen protesters, including Talbot and Grossman, stepped over the police tape and ascended the steps of the building. FPS officers warned the protesters that they would be arrested if they did not leave. Following a third such warning, FPS officers arrested the seventeen demonstrators. Each demonstrator received two citations: one for entering an unauthorized area without permission, in violation of 41 C.F.R. § 101-20.302 (“section 302”), and one for failing to obey the lawful order of a Federal Protective Services officer, in violation of 41 C.F.R. § 101-20.304 (“section 304”).

Trial of the charges…

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