The other night a man who leases an apt at a complex called us to criminal trespass an old girlfriend, who never resided at his apartment and lived at another location, because she kept coming over and harassing him. She was issued a written warning for his apartment. The next night, she came over and pounded on his door, waking him up, and caused him to call us again to report she was back. We arrived and she was standing at the door still knocking. One of the officers on scene arrested her for criminal trespass. Upon arrival at the jail, and hearing the circumstances of the case, I felt that the elements of the offense had not been met stating that he did not have authority to press charges since she did not enter into his apartment and stated that the porch was a common area of the complex, not fulfilling his property. He argued that it was. I could not find any case law to support that a common area of a porch constituted his property. Everything I found referenced to entering into an actual rented apartment. I felt this was the right decision but I would like feedback from anyone who may have had a similar call or case like this or if anyone has any case law to support the arrest. Thanks.
