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Cops Cite Man for Trespassing and He Challenges It in Court

[music] On December 23rd, 2023, game warden Austin Smith of the California Department of Fish and Wildlife encountered Luke, the owner of the Luke's Outdoor Adventure YouTube channel, on an access road outside of San Diego, California. According to Luke, he had been hunting earlier that day and he drove his vehicle through an open gate to reach the road, intending to ride the ebike that he had brought with him after a mapping application showed the surrounding area to be Cleveland National Forest Land and he observed other vehicles entering through the same gate. Luke had turned his vehicle around to leave when Warden Smith approached him. The interaction that followed was captured on Luke's phone. >> Okay, now you're recording. >> Just just for safety. >> Sure. Oh, yeah. Sure. Just for safety. >> Okay. So, if you have firearm in the vehicle, law enforcement has a right to inspect that fire and make sure it's unloaded. Okay. Sure. So, that's what I'm going to do. >> It's unloaded. Can I get it out for you? >> No, you cannot. Can you just step over there for me? You can come over here. Do you have any game in the uh in the vehicle? >> No game. No game. >> Okay. Stay over there, please. >> I don't consent to any searches. >> I understand that. I'm going to check your shotgun. Make sure it's unloaded. Okay. >> It's on the other side. >> On the other side? >> Yeah, it's under in the back underneath my car. >> How'd you get on the other side? Wasn't it too rutdded out for your vehicle? No, this thing does pretty well with the oil drive. Yeah, I was I'll be I was hunting earlier down south and the that's why I have my shotgun. >> Okay. Okay. >> No. And then I'm just exploring out here to see if there's any deer. I see some tracks on the road when I first came up. So then I just kept going and then I got a little too deep. >> Okay. >> So I wasn't sure what to do. So I was like I'll just keep going north and try to get out of here. >> Are you deer hunting, too? >> No, I don't have a deer tag. My deer tag's expired. >> Okay. Are there any other firearms besides the shotgun? No sir. >> Are there handguns or sir rifles? >> No animals? >> No sir. >> It's got slugs. >> That's just for protection. I'm not hunting with those. I've had some running with migrants and I just keep them just in protect for protection. That's a steel number six. >> Okay. And then what I'm going to do is make sure there's no other firearms in the vehicle. >> That's okay. >> You live here local or >> I mean >> Yeah. >> And you said you stopped to like readjust your bike. >> Yeah. The straps were coming loose, so I just stretched it back up. Were you hunting on your ebike earlier? >> Earlier? Yeah. >> Yeah. >> You got your hunting license and everything? >> Yeah, I do. >> Yes, sir. Do >> you mind if I check that out? Uh, >> it's in my backpack. Okay. >> In the front seat. >> Okay. >> Do you mind if my partner checks it out? >> No. Go ahead. It's in It's in my wallet. It's in a orange little case in my wallet. >> In his backpack. License. >> And where's your backpack? >> It's in the front seat. >> Just going to make sure you're legal. >> No, that's totally fine. in here. >> It should be. >> Oh, >> yes. Right there. >> Let me open it front. Yeah, >> that's fine. It's in the orange where the money's at. >> Right here. >> Yeah. And then it's all on there. >> Are you a Utah resident or >> I'm a California resident. I have a business in Utah. Okay. Going back in your wallet and put your wallet back in your backpack. >> Okay. Thank you. >> I'm going to find another spot this morning to go hunting. >> I think I'm going to head home. Yeah. I was in the and I saw some deer tracks. I've never seen any deer out there, but >> Okay. >> There was some I was looking for a rabbit, but nothing. >> Got it. Yeah. I don't >> or >> just cottonail looking for Honda. I just like getting out on this thing. I have ebike business, actually. >> Oh, really? >> Yeah. So, we do ebike rentals, >> so I I I suited this thing up to be able to explore out here. >> Yeah. >> So, just to cover distance. >> We use some ebikes, too, and it's pretty cool. >> Yeah. So, >> honestly, it's it's all right. It's a little not as I was struggling on the hill. That's why I left to come just explore somewhere that's not as hilly. >> Yeah. >> I usually go to Oh, I know what it's all about down there. >> Yeah. >> Warden Smith tells Luke that if there is a firearm in the vehicle, law enforcement has the authority to inspect it to confirm that it's unloaded. And when Luke offers to retrieve the shotgun himself, the warden declines, removes it from the vehicle to check it, and then looks through the vehicle for additional firearms and checks Luke's hunting license. Section 2012 of the California Fish and Game Code requires that a hunting license be exhibited on demand to any officer authorized to enforce the code. So that request was almost certainly within the warden's authority. As for the firearm, section 25850 of the California Penal Code, which prohibits carrying a loaded firearm on the person or in a vehicle while in any public place, also authorizes peace officers to examine a firearm carried on the person or in a vehicle to determine whether it is loaded. Notably, this statute was found to be unconstitutional by the 9th Circuit Court of Appeals in the 2026 case of Baird V. Vont, but it remained in full effect at the time of this 2023 encounter. The broader search of the vehicle for additional firearms is a separate matter because an inspection to confirm that a shotgun is unloaded does not by itself authorize a general search of the interior and any justification would have to rest on either probable cause or an exception to the probable cause requirement such as a protective search for officer safety. In the 1983 case of Michigan v. long. The United States Supreme Court held that an officer may search the passenger compartment for weapons when the officer has a reasonable belief based on specific facts that the individual is dangerous and may gain immediate control of a weapon. Now, whether that standard is satisfied here depends on the facts available to Warden Smith at the time. And if a court were to find that Luke's cooperation, his disclosure of the shotgun and its location, and his denial of any other firearms did not supply a specific and articulable basis to believe that Luke was dangerous and could gain immediate control of another weapon, then the search of the vehicle beyond the inspection of the disclosed shotgun could be found unlawful. >> So, the gate might be open right now because they're duck hunting. And like I said, if you have a permit, then you can uh you can duck hunt on the lake. >> I don't duck hunt. Um, I know, but I'm saying that that's why the gate's probably open, but this is closed area. Um, let me call the the employee and see if the gates's open. >> Okay. >> Yeah, I was just using my Gaia maps. So, I figured I was about halfway and I was like, well, I'll just try to shoot off the top. >> You were using what maps? >> The Gaia. >> Guide. >> Gaia maps. >> Ga. >> It just shows public lands. >> That's the one with the mountain on it, right? The little, >> I believe. So, yeah. Yeah. It didn't show a gate on the map, so that's why I just kept kept going. >> So, it showed it was city property. >> It just showed Cleveland National Forest. >> Okay. This city of San Diego. Cleveland National Forest is up on the mountain. >> Okay. >> I went straight to voicemail. Okay. How about um Oh, your ID's in your wallet. >> Yeah. To be honest with you, I was just trying to get out of here at this point. >> Yeah. Well, the problem is you're not supposed to be in here. That's what we're >> Because the map showed an easement. >> There's no easement. [snorts] You want to grab your ID from me real fast? >> Sure. >> So, you can't even pass through? >> No. >> The gates are always locked except for they keep it open for the hunt on Saturday mornings. >> That's probably why it was open cuz I've never been. >> I mean, I'm actually Hey, dude. Hey, is the gate open back by uh Barrett Lake Road? >> Yo, hey, is the gate open? Uh back by Barrett Lake Road by the dam. Okay. Well, there's a guy in here and he he claimed he came in through that way. It's locked. It's locked. Okay. All right, then. Uh we're we'll deal with it then. Okay, thanks. Okay. Do you have a key or a combo or something like that to get through that gate? >> So, if we go back there right now, it's going to be >> You just said it was locked, but earlier >> you said it was locked. >> Earlier it was open. That's how I got >> Well, I mean, he's so he's the employee and he actually comes back from that way. That's how he gets into the property. Um, so he's the only one that accesses through Barrett Lake Road. So, I mean, I would trust his judgment if it's open or or closed, right? He says always locked. >> So, do you have a combo? There's a combo on >> No, sir. >> Do you have a key like a a CGI key? >> No, sir. You can check my keys. I have no keys. >> Okay. Let me talk to my partner real fast. We're going to We'll figure out. Okay. Then we'll get you out of here. Okay. Okay. So, basically what we're going to do, what I'm going to do, I'm going to citation for being on slow city property. Okay. Like I explained before, you can't be here without a permit. Sounds like you had an application >> uh that shows property boundaries. >> City of San Diego. >> I can show you it. >> Sure. If >> you want. Could be. Actually, >> I don't know. I mean, >> okay. Well, I'm going to Is this your current mail? >> What is this? What's a citation? >> It's a trespass citation and a confction. >> Is that Is that fine or? >> Yeah, it's Yeah, basically like equivalent to a parking citation or a speeding citation. >> Warden Smith informs Luke that he will be issuing a citation for trespassing on closed city property, describing it as an infraction comparable to a parking or speeding ticket. The most likely basis is section 602.8 eight of the California Penal Code, which makes it a public offense, punishable as an infraction for a first offense, to willfully enter uncultivated and unencclosed land, where signs forbidding trespass are posted at intervals of not less than three per mile along all exterior boundaries and at every road and trail entering the land. Although Warden Smith refers to a municipal fine, an infraction of this kind is defined by state law with a base fine fixed by statute and additional assessments imposed through the county court system. Because the city property appeared to be unenclosed and uncultivated, the validity of the citation depended on whether the posting requirement was met. If land is properly posted, section 602.8 requires only that the entry be willful. And under section seven of the California Penal Code, willful refers to the voluntary act of entering rather than to any knowledge that entry was forbidden with the posting requirement rather than the individual state of mind establishing the violation. Accordingly, if signs were posted as the statute requires, a court would likely find that the elements of section 602.8 were established. And if it was not, the citation would be vulnerable to challenge on the ground that the statutory notice condition was not met. >> Okay. Um, but yeah, >> is there any way you can let me off with a warning? I just wanted to leave at this point. I didn't mean to break any rules. I just want to get out of here and go home. >> I've been living in Utah, so I just moved back here. >> Let me tell you my perspective like where I'm coming from here, okay? Working in Morton, right? Our job hunting fish regulations. >> I respect you guys. I want to be a warden. >> This property is filled with with quail, dove, deer. So, we have lots of problems with people coming in here and hunting and they're not supposed to be hunting here, right? Um, and that's ex I mean, you were hunting earlier today. This is exactly why we patrol through here is to keep people out of here that aren't supposed to be hunting here. Okay. Um all throughout um over here there signs that say no trespassing. >> Earlier I was scouting new areas and everything was like yeah no close close. >> So I was just driving around and then >> so you saw from >> I've been I'm familiar with this. That's where I usually go. So I'm trying to I that's why I went to >> trying to find a new area. >> Okay. Explore around. >> You reasonably should have known you shouldn't be on this road, right? If you saw from earlier, you remember >> I wasn't up there earlier. >> Well, at some point you said you saw those signs, right? >> That's where I usually go and I was just looking for a new a new location to hunt. I'm a new hunter. I'm just trying to find spots. >> Okay. Either way, you're kind of telling me that you had knowledge prior coming out here, too. You're not supposed to be out here, period. Doesn't matter. Um, so what I'm do is this is what we do. This is what we regulations. >> If you want, let me go with the warning. I understand. >> Okay. It'll be just a few minutes and we'll we'll see you on your way. Okay. >> Okay. >> All right. Luke asks Warden Smith to let him off with a warning, explaining that he did not know he was not permitted in the area. And Warden Smith declines and proceeds with the citation, telling Luke that the area is heavily used by individuals who hunt where they are not supposed to, and that Luke reasonably should have known that he was not permitted on the road given the no trespassing signs that Luke admitted seeing in the surrounding area. In the 2018 case of District of Columbia v. Westby. The Supreme Court held that an officer assessing probable cause is not required to accept an individual's innocent explanation for their conduct and that probable cause is measured by the totality of the circumstances rather than by whether an innocent account has been ruled out. Warden Smith was therefore not obligated to credit Luke's claim that he had entered through an open gate and believed that the land was public, particularly after he called the property employee responsible for the gate and was told that it was locked. Additionally, because as we discussed earlier in this episode, section 602.8 of the California Penal Code reaches the willful act of entering posted or enclosed land and does not require knowledge that entry was forbidden. Luke's asserted ignorance would not have supplied a defense, even if fully credited, and it bore only on the discretionary choice between issuing a warning and issuing a citation. A court would likely find that Warden Smith's refusal to accept the innocent explanation and his decision to proceed with the citation fell within his lawful authority. >> And is this a good uh mailing address or do you want >> Can I do a different address cuz I just moved. >> Okay. >> Yeah. >> Just a second. [clears throat] >> Is that shotgun registered to you? >> Yeah. >> You want to uh grab it from me? I'm just going to run the serial number. Okay. >> Okay. >> It's in the front seat. When you say registered, I bought it in California if that's what you're asking. >> Sure. Yeah. How long ago? >> Maybe a year ago, two years ago. >> Okay. Then yeah, then registered, too. >> Do you have a California driver's license or just Utah? >> Just Utah. >> I got a question for you. >> Sure. >> Do you do lobsters? >> Yeah. >> The lobster regulations, >> it says it has to be equal or greater than three and a quarter. >> The carropus. >> The carropus. So, if it fits within the gauge, is that if it fits perfectly within the gauge, is that legal or illegal? >> Yeah, if it fits perfectly on the gauge and it doesn't move at all, is legal, then that would be >> It's legal. >> It's Say that again. >> It'd be legal. It' be that minimum size. >> Okay. >> Yeah, she's wait for 27. >> Um, okay. What's your uh Okay, I just And you're 25. >> Yes, sir. You know, do you know how much the fine is? >> I don't. Um, it's a uh it's a municipal code. So, those are usually a cheaper line, but I couldn't tell you for sure. What year is your uh back? >> Uh 99. It's a legacy, not an outback. >> Outback Outback Legacy, I guess. >> I guess maybe that's what it is then. Yeah. >> Shotgun's register. Okay, I'm dumping it in. Thanks. >> Were there any successful duck hunters this morning or >> uh we're going in right now, so we'll find out. Um, >> put this back for you, please. >> Okay. >> Do you hook net for lobster or you dive? >> Uh, I to net. My friend dives, though. Okay. Nice. Uncle Bo or >> Yeah, my dad has a boat. >> Yeah. >> Okay. There's your driver's license. >> Thank you. >> Okay. So, this is a citation for trespassing on city property. Okay. I just in the box here. It's not a mini guilt. Just trying to take care of it. >> You want to hold this? >> Yeah, sure. >> It'll be easier. >> Yeah. Your information is on top of that. >> I'm just verify your address. >> Give you a copy. Do you have any questions for me? Sure. you see something in the mail about a month or two, it'll give you directions on how to handle citation. Okay. >> Okay. >> So, I should see get in the mail. >> Yes, you should. Okay. To that address. >> There's nothing online to to check it out. >> You can. So, um you got to wait till the court inputs it into their system. So, you can actually search your citation online through your citation number right here. Okay. So, San Diego Superior Court and then uh do citation lookup. >> You just Google that. It'll pop up and you can enter the citation number in line to do that rather than appearing. Okay. >> Um, and then to get out of here, just drive straight out. Okay. All >> righty. >> Um, >> okay. Do you have any questions for us? >> No, no, >> no. I apologize for the mistake. >> No, it's okay. Appreciate your cooperation. And, you know, ask, you know, not consenting to search for your vehicle. That's completely You're right. Yeah. I mean, it's that's usually the best thing to do if you're a private citizen, right? Um, we just got to make sure that everything's legit, right? So, there's something in the penal code that allows us to inspect firearms in in vehicles. Um, but yeah, it's completely your right for us not to search your vehicle other circumstances, right? Okay. >> Okay. Thanks, guys. All right. Thank you. Yeah. Luke shared his recording of this encounter on his YouTube channel. And on January 5th, 2025, he published an update video. According to the video, Luke challenged the citation in court where Warden Smith appeared and testified for roughly an hour, relying on a binder of materials that described an area. Luke says that he'd never entered, photographs of posted no trespassing signs, and references to the website's prohibitions on trespassing and hunting. Luke states that he told the judge that he had entered through a different and unposted entrance, that the gate was open, that he had seen other vehicles accessing the area, and that he was traveling rather than hunting. According to Luke, the judge found him guilty of the trespassing citation, but reduced the fine because he had already posted bail. Luke also acknowledged that he was in fact on City of San Diego property, which he did not realize at the time of the encounter. Overall, Warden Smith gets a B minus for conducting himself with professionalism and restraint throughout the encounter, lawfully inspecting the firearm and hunting license, and issuing a citation he was not required to abandon in the face of an innocent explanation. all while potentially extending his search of the vehicle beyond the disclosed shotgun without specific facts establishing a threat to his safety or probable cause. Warden Smith remained calm and measured from the outset. He kept the encounter controlled and he never allowed his tone or conduct to escalate the situation. His authority to examine a firearm in a vehicle to confirm that it is unloaded and to demand a hunting license was well established. And because each check revealed no violation, handling and then returning the shotgun himself fell within the bounds of that inspection authority. Additionally, his decision to sight rather than warn was within his discretion. And while a warning would have been a reasonable response to Luke's entry, his stated concern about the area's persistent illegal hunting was a legitimate basis for proceeding with the citation, particularly given the fact that it was just an infraction. An officer assessing probable cause is not obligated to accept a citizen's innocent explanation. And the trespass turned on the willful act of entering posted land rather than on knowledge that entry was forbidden. So Luke's account of the open gate and his belief that the land was public neither defeated probable cause nor supplied a defense, a conclusion that was reinforced by the employees assertion that the gate was locked. The more questionable aspect of his conduct was extending the search to look for additional firearms after the disclosed shotgun had already been checked because a protective search of the passenger compartment requires specific and articulable facts that the individual is dangerous and could reach a weapon. And Luke's cooperation, his voluntary disclosure of the shotgun and its location and his denial of any other firearms supplied very little evidence to satisfy that standard, leaving that portion of the search open to challenge. Luke gets a B+ for maintaining a calm and respectful demeanor throughout the encounter, seeking to decline the searches and later pursuing a legal challenge to the citation while also volunteering a substantial amount of information that he had no obligation to provide. Luke complied with the warden's instructions, answered questions without hostility and never escalated, which kept the encounter stable, and it afforded Warden Smith no additional justification for his actions. He stated that he did not consent to the searches, an assertion of his rights that retained meaning even though the initial firearm inspection did not depend on his consent. And rather than resisting on the road, he later brought the citation before a court, which is the appropriate forum for contesting the basis for a charge. His clearest misstep here was voluntary extensive detail about where he had been, what he was doing, and his earlier hunting, none of which he was obligated to share. And that volume of information gave the warden considerably more to scrutinize than a measured response would have. This interaction highlights how composure and the deliberate assertion of rights can preserve a citizen's ability to challenge potential constitutional violations, while the unnecessary volunteering of information can undercut that same individual by widening the scope of an officer's inquiry. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out Audit the Court if you're interested in exploring the legal nuance beyond the body cam. [music]