City of Bozeman v. LehrerAnnotate this Case
The Supreme Court affirmed the decision of the district court upholding the ruling of the municipal court denying Defendant's motion to dismiss for lack of probable cause the criminal trespass charge against him, holding that the municipal court did not abuse its discretion by denying Defendant's motion to dismiss.
Defendant was convicted of criminal trespass to property for entering the fenced backyard of a residence during the night. Defendant appealed the denial of his motion to dismiss. The district court affirmed, concluding that the residential backyard came within the definition of "premises" in the Criminal Code as "any type of structure or building and real property," which did not to be posted to deny a privilege to enter. The Supreme Court disagreed, holding that there was no basis to conclude that the legislature intended to impose a requirement upon property owners in residential neighborhoods to post notice in order to deny or revoke a privilege to enter their property.