State v. Shack

277 A.2d 369 (N.J. 1971)

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Nature of the Case

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Facts

Shack (D) entered private property to aid migrant farm workers employed and housed thereon. When asked by the owner to leave, D was charged with trespassing. D was convicted of trespassing and appealed. Tejeras (D2) is a field worker for SCOPE, the Farm Workers Division of the Southwest Citizens Organization for Poverty Elimination. D was a staff attorney for CRLS whose mission it was to give legal advice and representation to the migrant workers. CRLS is a non-profit corporation funded by the Office of Economic Opportunity under an act of Congress. Complainant, Tedesco, was a farmer who employed migrant workers for his seasonal needs. As part of their compensation, the workers were housed at a camp on his property. Relations between the parties were already tense, and when D2 needed to go onto Tedesco’s land to remove the stitches from a migrant worker, D2 enlisted the aid of D. D wanted to discuss a legal problem with another migrant worker and readily agreed to go with D2. D carried literature to inform migrant workers of the assistance available to them under federal statutes. Tedesco insisted that any visits must be conducted in his office and in his presence. Tedesco refused the right to allow Ds to see the workers in their living quarters. Ds declined insisting they had a right to see the workers in their quarters without supervision. Tedesco summoned a State Trooper who refused to remove Ds except on Tedesco’s written complaint. Tedesco then executed formal complaints charging a violation of the trespass statute.