State v. Morse

In State v. Morse, 276 N.J. Super. 129, 647 A.2d 495 (Super. Ct. 1994), the Appellate Division of New Jersey reversed a conviction for defiant trespass based on the affirmative defense of lack of cause for removal from a business that was open to the public, namely a casino.

The casino disliked the patron because he was skilled at playing blackjack, and the casino had him removed such that he was charged with the crime of defiant trespass and convicted by the trial court. But the appellate court overturned the conviction based on the following:

“

In sum, the State suggests that the defendant's mere presence in the casino, after being notified not to enter, constitutes defiant trespass. However, since casinos are public places, patrons may not be excluded unreasonably. As the State has not alleged that the defendant was excluded for cause, the conviction must be reversed, inasmuch as the affirmative defense was established by defendant. Defendant is not guilty of defiant trespass.

”

State v. Morse, 276 N.J. Super. 129, 135, 647 A.2d 495, 497 (Super. Ct. 1994).