The Court of Appeals recently in Rahman v. U.S., addressed the legal elements of the unlawful entry statute as well as addressing the appellant’s discovery requests pursuant to the Jencks act. Factually, appellant was told to leave the premises at a Mcdonald’s location by a special police officer (“SPO”) as it appeared that he was loitering or panhandling at the location. Appellant initially refused to leave but eventually left the premises and returned few minutes later at which time he was arrested for unlawful entry by a police officer. On appeal, the appellant essentially argued that he could not have
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The Court of Appeals in Campbell v. U.S. decided on January 30, 2020, in essence affirmed the trial court’s ruling and convictions denying the ineffective assistance of counsel claim. Factually, Campbell was approached by a police officer in a middle of a night sitting in a stolen car, visibly drinking from an open container of alcohol (vodka bottle).  The critical factual element being that the car was parked in a private church parking lot. Campbell was arrested for POCA (Possession of Open Container of Alcohol), and the ensuing search revealed that the car was stolen and thus was charged with
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