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ASSESS THE SITUATION
If an event occurred on private property, you need to know how your state's courts have resolved the issue of consent. For example, have they ruled that consent will be implied in the absence of explicit orders to leave, that you must obtain explicit consent or have they taken some middle position? It may be helpful or necessary to obtain permission from police to enter. If someone other than a government official orders you to leave, try to determine whether that person is the owner or has authority to act in the owner's behalf. For example, if a crime has occurred in a shopping mall outside a particular store, the mall manager may have authority to order you to leave. But the owner of the store probably cannot prevent you from covering the event. Be aware that courts are more likely to hold you liable for trespass or invasion of privacy if the property at issue is a dwelling, rather than business or commercial property. The Reporters Committee will try to answer any questions you may have concerning access to places. Call our legal defense hotline at 1-800-336-4243.
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