Ep. 93 Does a NO TRESPASSING sign and closed gate prohibit police officer from doing a knock & talk?
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- čas přidán 4. 04. 2021
- "While it may be that this “implied license” may be revoked by a particular householder in some circumstances, in United States v. Carloss, 818 F.3d 988 (10th Cir.2016), it was determined that it cannot be concluded “that a resident can revoke the implied license to approach his home and knock on the front door simply by posting a ‘No Trespassing’ sign,” as such signs “would not have conveyed to an objective officer, or member of the public, that he could not walk up to the porch and knock on the front door and attempt to contact the occupants.” Accord: State v. Christensen, 517 S.W.3d 60 (Tenn.2017) (collecting citations supporting assertions that “[m]ost jurisdictions * * * appear to hold that ‘No Trespassing’ signs, in and of themselves, will not invalidate a knock-and-talk,” but that a “few states have concluded that ‘No Trespassing’ signs establish a legitimate expectation of privacy that renders a knock-and-talk invalid”). Even assuming that such a sign will sometimes suffice, the nature and /or placement of the sign may justify a contrary conclusion. See, e.g., State v. Albertson, 165 Idaho 126, 443 P.3d 140 (2019) (court does “not foreclose the possibility that a single sign may be sufficient in some cases,” as “the sign at issue falls well short of being sufficient to do so,” as it “was not posted across the public access way or the path to the house,” but instead was “on a power pole in the northeast corner of Alberton's property,” and thus was “less conspicuous and sends an ambiguous message” re its applicability “to Albertson's home”)." § 2.3(f)Entry of adjoining lands, 1 Search & Seizure § 2.3(f) (6th ed.)
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This is bad advice. You are enabling bad police tactics.You are culpable for causing harm to citizens.
Frank, you're more than welcome to your opinion. I respect that. But do you have a case that says simply having a "No Trespassing" sign means it's a direct violation of the constitution? If so, can you share it with my viewers? Certainly such a sign is a factor, but not an end of the analysis (as I mentioned in the video). Here's Wayne LaFave's view on the issue (Mr. LaFave is the most cited 4th Amend. scholar by the U.S. Supreme Court).
"While it may be that this “implied license” may be revoked by a particular householder in some circumstances, in United States v. Carloss, 818 F.3d 988 (10th Cir.2016), it was determined that it cannot be concluded “that a resident can revoke the implied license to approach his home and knock on the front door simply by posting a ‘No Trespassing’ sign,” as such signs “would not have conveyed to an objective officer, or member of the public, that he could not walk up to the porch and knock on the front door and attempt to contact the occupants.” Accord: State v. Christensen, 517 S.W.3d 60 (Tenn.2017) (collecting citations supporting assertions that “[m]ost jurisdictions * * * appear to hold that ‘No Trespassing’ signs, in and of themselves, will not invalidate a knock-and-talk,” but that a “few states have concluded that ‘No Trespassing’ signs establish a legitimate expectation of privacy that renders a knock-and-talk invalid”). Even assuming that such a sign will sometimes suffice, the nature and /or placement of the sign may justify a contrary conclusion. See, e.g., State v. Albertson, 165 Idaho 126, 443 P.3d 140 (2019) (court does “not foreclose the possibility that a single sign may be sufficient in some cases,” as “the sign at issue falls well short of being sufficient to do so,” as it “was not posted across the public access way or the path to the house,” but instead was “on a power pole in the northeast corner of Alberton's property,” and thus was “less conspicuous and sends an ambiguous message” re its applicability “to Albertson's home”)."
§ 2.3(f)Entry of adjoining lands, 1 Search & Seizure § 2.3(f) (6th ed.)
Frank, the ball is in your court. If I'm wrong I will admit it and thank you (I'm always learning). However, to tell me I'm giving wrong advice to my cops without any mention of a case to help show I'm wrong cannot go unanswered. My mission is to help cops learn the law, not violate it.
Thank you for the lively discussion and I look forward to reading the case(s). Anthony
@Bill Hartford Hello Bill! Great case thanks. However, it's inaccurate to state that the AZ court ruled the entry was unlawful. That's not what they said. They said it may be a violation but said the lower court would determine it.
"Due to trial court's failure to make requisite findings, issue of whether defendant effectively revoked general license for public to approach his front door would be remanded to the trial court to make findings of fact to determine what circumstances existed when police officers entered curtilage of defendant's home and executed search which resulted in discovery of drugs in the home; defendant had two gates outside of his home, a 4-foot-high chainlink fence and a 6-foot-tall opaque, wooden, privacy fence, and there was evidence the gates were coupled with a no-trespassing sign."
State v. Lohse, 245 Ariz. 536, 431 P.3d 606 (Ct. App. 2018)
Again, great case, but what did the lower case determine? I don't know. Do you? I tried to find it but couldn't.
@Bill Hartford I can see that too. Thanks for contributing.
@@BluetoGold Sorry but just because you can manipulate the words and the word of the law to what you believe, area of someone's Private Property. WITH no Trespassing signs. LMFAO if the gates closed and you enter that property locked or not you will lose in court with signs up saying no trespassing lmfao this guys one Of the BIGGEST Bootlickers Iv seen on here lmfao sadddd
@Bill Hartford i AGREE this guys one of the BIGGGEST bootlickers iv seen My god.... trying to give cops a reason to enter private property with Girl scout cookies being his basis... lmfao then the whole being able to enter his house because of the threat of destroying evidence. lmfao.
So, let me ask this. If you were a cop with similar land, a similar gate, with similar signs, and a bunch group of armed men rolled up on your property like that, would you consider them there lawfully and ask them nicely to leave, or would you go straight to commands/use of force to remove them. What do citizens need to do to tell you to stay off their property without a warrant (or exigent circumstances)? A knock and talk is based on your rights as a citizen (not an officer) to approach a house. if "No Trespassing" doesn't mean "No Trespassing" what does it mean?
Exactly.
Put up a sign that says "No Police access."
I have a sign at my gate that asserts my rights with my attorney's phone number underneath. Another one approximately 100 ft from my house on the driveway that expresses the same. Nothing against law enforcement but they don't have your best interest in mind.
That's your right and is a good example of how this sign would remove the right to a knock and talk. Cops should not knock on your door unless they have some for of exigency, emergency, or urgency (like a domestic, medical call, and so forth). Anthony
Well said.
You are mistaken that they might have a high enough IQ to be able to read.
This is bad advice. Law enforcement policy DOES NOT SUPERSEDE OUR CONSTITUTIONAL RIGHTS OR STATE CONSTITUTION.
Seems cut and dry, No Trespassing means No Trespassing, it is clearly stated, unless you have probable cause or exigent circumstances, can't see how this scenario would be lawful.
Well just to clarify, even if cops had "probable cause" it would not allow them to enter onto someone's property (i.e. curtilage) without exigency. Still, I don't think "no trespassing" means neighbors could not stop by and say hello. Or Girl Scouts could not sell cookies. Or cops could not seek a consensual conversation. So in my mind these signs are not so cut and dry. Like life itself, it can be more complicated.
ITS NOT LAWFUL AT ALL. ITS A CIVIL VIOLATION.
@@freecitymoneyphoenixknowdg3252 Are you mistaking a public trespass with a private trespass? There are distinguishable differences, also to note an officer's process to theae separate sectors I would hope by now, would be engrained into public servants skulls, sadly the case is, is a polar majority of officers on every landmass, couldn't conduct a public trespass through proper procedure.
Time and time again, the fabricated rules cops spew out their mouths, sickens me from the bottom of the trade towers. Good day miss
When trespass for instance at wall mart, one must be asked to leave notified verbally, or served on paper, from the owner or Main manager, prior to an officer removing someone.
So, a public trespass is a secondary effense, being that until a crime is committed, going to be, or an officer can honorably cite R.A.S of a crime.
Detained is the B.S xharge cops use to help reel in a Trespass. They love it . Like they solved some elaborate mystery!
Peace peace y'all
@@BluetoGold I'm curious what purpose you think a no trespassing sign serves if not to tell people not to come onto your property, especially conjunction with a closed gate.
The fact that someone spent thousands of dollars to close off their property and posted signs explicitly telling people to keep out isn't enough for you to think the property owner doesn't want people coming in? Then what is?
Add "no solicitors" signs as well.
You don't think girl scouts are trespassing when a sign clearly states "no trespassing"
Okay.....
No I don't. What is "trespassing" about simply going up to a house and trying to sell cookies? However, if there were other factors liked locked gate, guard dog, or no trespassing sign right on the front door, then different story. Right? Anyway, I appreciate your feedback and this area of the law is not black and white.
It really depends on the state
For example Florida, police cannot come on the property that has a lock gate and a no trespassing sign. You can’t really count a state like California because the laws are so upside down,backwards, and skewed that they’re really not very good examples, with all due respect.
@@goobers8277 All great points. Thank you! Anthony
@@BluetoGold "to make an uninvited incursion"
@@BluetoGoldjust discovered your channel, and because I've had curtilage issues I find this very interesting. What I am interested in is if there was a no trespassing sign, a beware of dog sign, no solicitation sign (Which I have been considering putting up myself) - can the police argue a knock and talk is reasonable?
I don't think the girl scout rule is perfectly applicable here, because any adults with them are not going to let them go through that gate. What I am actually more interested in is with an unlocked gate and that signage, if the police step in and the dog comes running up barking, can they shoot it?
I would think with a lock it would make a major difference, but maybe not. However, would it make a difference if the fence keeping the dog in is only let's say on the acre around the house. I get the impression that's a pretty big area for curtilage, but maybe not. BTW I live out in the exurbs, with the houses around me running 2 to 7 acres (I have four+). Don't have a dog right now, but I am considering it. And don't worry, it's going to be a rescue and it will probably be a mid-size terrier to keep the raccoons out of everything in my curtilage and my 300 plus fruit plants. Maybe we should have a raccoon test, we have way more of those than girl scouts. ROFL
Then what would the ranch owner need to do to repel Trespassers, if signs and fences aren't sufficient.
You have to build a moat with a draw bridge and fill the moat with alligators and piranhas and Bear traps behind the moat and a mine field behind that. And don't forget the no trespassing signs 🤪
and this is how bad cops get started, it may not be legal but do it anyway.
Put 3 gates up then with warnings of tires spikes and no responsibility for damages caused by trespassing.
Where is the mailbox?
The knock and talk in this case is illegal!
The girl scouts would be permitted after they entered because that discretion lies on the owner of the property, but the cops are trespassing by entering without permission or a legal warrant.
Learning and understanding the laws is different from interpreting the laws to your convenience, and the difference between a good lawyer and a bad lawyer.
I have a farm, it is completely walled off. I posted No Trespassing signs around my farm. I also posted " ALL LAW ENFORCEMENT ENTITIES ARE TO CONTACT MY LAWYER (with the phone number on the signs)
The police do bother me.
Rule 1: Don't ever talk to the police without a lawyer.
Rule 2: Always LAWYER UP
Rule 3. Never ever open your door for the police.
This ☝️
And if you have any questions refer back to rule #1
Girl Scouts aren’t going to open a closed gate to enter a ranch especially with no trespassing signs.
As a former Girl Scout, I would not open the gate and go in.
a girl scout isn't going by a closed gate down a 1 mile long drive way. don't think this channel will do well
I'm sorry you disagree with my position but I still want to thank you for taking the time to watch the video. -Anthony
@@BluetoGold from the girl scout website...Girls NEVER sell alone. Girls must always have an adult with them. Seniors and Ambassadors (ONLY) may sell with a buddy of their same age or older. Parents should know exactly where the girls will be selling cookies and when they will be home.
Not sure who would let a girl scout or any female go down that road to visit an unfamiliar person. It’s not 1950 most kids don’t leave home or their street without adult supervision. Most men would not go down a 1 mile driveway, especially if it had a gate with barred fence. I have plenty of video of delivery drivers (invited visitors) running and looking extremely nervous as they come down my 1/8 mile private driveway to deliver packages.
guys, please do not overlook the fact that this gentleman is protecting the officer, NOT the citizens... hence the name "blue to gold"
I have lived in rural setting for years. No salesman, politician or the girl scouts have ever opened the gate and drove in to knock on my door. The cops have more than once though. They tell me the signs and closed gate do not apply to them. Which is BS. I now lock my gate coming and going. This seems to have worked. Takes longer to come and go but I know no one has been snooping around.
Blue to Gold, Can you answer this question: A person owns 2 acres of land with no live stock. He has a gate with a automatic opener. The opener requires a key to override the remote. Its closed and locked. Just a few feet into the driveway is also a sign that reads No Trespassing. Also signs every 50ft around the perimeter of the 2 acres that read no trespassing. Do police need a warrant to enter onto this person's 2 acres? Farthermore does the homeowner have a legal right to shot them if they continue to the home?
This is a great question. All you need to do is submit the question here bluetogold.com/show and I will get it on the list to get done and notify you when it is ready, should good?
A tangent of this question. If the police show up at my door for a knock-and-talk (no warrant), and I tell them through my Ring camera that I don't want to talk to them, and they refuse to leave until I come to the door and I talk to them in person, have they violated my rights? If I continue to refuse and not come to the door, and still ignore their knocking, you know the really loud, with the flash light damage your door to annoy the heck out of until you comply kind of knock. What if I'm not even home and talking to them over my cell phone through the ring?
If police continue to perform a "knock and talk" after they know you don't want contact, like you said, then that would not be a consensual encounter. Therefore, it would not be a knock and talk. However, if cops had RS or PC then maybe the result is different.
@@BluetoGold Reasonable suspicion or (PC)???
@@coleslaw8909 Probable Cause.
Even then if you say no and you talk, coming to your house and you asking them to leave is a common law assault. Invading your home at night is a violent crime under any common law jurisdiction, the best is let them go don't even talk, if you have money have a lawyer find out why their there?
😅😅😂😂
Girl Scouts sell cookies at walmart, at least the smart ones who don't want to be shot for trespassing.
What if there was a locked gate with a ring doorbell along with the no trespassing signs. As well, the mailbox for the ranch was located outside the front gate?
Then I would not go up to the door. I would ring the doorbell and wait a reasonable amount of time. The doorbell seems to be the point of contact. Anthony
It would be incredibly dangerous to set foot uninvited on someone’s ranch in Texas. It is a well known unwritten rule. The local sheriff will come and talk to you at the local barber shop if they want to chat.
What if the gate was locked?
im gonna say no its not a lawfull entry because its his property and it says no tresspassing on signs its clear cut that he obviously doesnt want people entering 4th amendment covers this
would adding a second sigh stating "Do Not Enter" firm thing up or would you still tell a cop to enter ?
So I have my property posted and the police ignore the no trespassing sign and come on my property to interview my farm hand. Shortly after they exit their vehicle they are confronted my a stock guard dog that is aggressively doing it's job and shoot this 5000 dollar animal, because they are afraid for their lives. Who pays for the new dog and its training? I believe you are telling law enforcement they can do things that will cause huge problems. Don't they have a responsibility to notify the property owner of their intent to violate his no trespassing notice? Doesn't he even get a chance to lock up his dogs or put away his aggressive bull or whatever? P.S. my gate is electric and is opened by a remote this could be the difference.
So essentially if you have a gate and no trespass sign the. It needs to be locked. If locked can the police the. Still come in for a knock and talk? I am sure other reasons will be invented for coming in site.
What if the gate is locked and they jump the fence? It's happen
So what if there is a no solicitation sign as well.
Ok question here I'm on a ranch in Florida with a quarter mile driveway, ranch is fully fenced and my gate has three signs no trespassing, beware of dogs, and a custom sign that says absolutely no solicitation or knock and talks with my cell number below for emergencies. Also I have 7 doberman pinschers. Could the cops still enter my gate and drive to my home. Also would I be liable if they were to get attacked by my dogs or could they be sued if they shot one of my dogs on my property
Great question! Do you mind submitting it here so we can add it to our list of questions for the next videos?
www.bluetogold.com/show
Thanks!
- B2G Team
Here's the problem- under the "girl scout" rule- by going on the posted property, the girl scout would be committing the crime of criminal trespass- the signs operate as an extremely concise and clear legal warning that outsiders are not wanted on the property for any reason unless they are specifically invited there. Also, the citizen's arrest law provides that a citizen can arrest someone for criminal trespass on a posted property. Contrary to popular belief, the mere fact that you're a police officer doesn't make you immune to citizen's arrest (which arizes as a first amendment petition right). Therefore, the answer to this question is that a knock and talk is most probably illegal.
And if a blind or illiterate person who can't see or read the sign comes on your property, have they committed a crime?
@@LeinaVance Assuming we frame that as a constitutional attack on specific intent mens rhea (which is the argument I percieve you to be making here), Such is then still an affirmative defense (the common law states that any legal defense which challenges a specific intent element is affirmative in nature; where trespass is a specific intent crime because there must always be some intent to interfere with a set of property rights as to constitute what can be said to be a trespass in the traditional sense).
Where a defense is affirmative, Defendant must then prove that defense by preponderance of the evidence (more likely than not) and furthermore, this means absolutely nothing at the probable cause stage, unless the fact is so manifestly evident to the degree a reasonable person cannot reasonably challenge the fact in question or reasonably believe otherwise, such that the outcome of your example will be highly fact-set specfic.
@@LeinaVanceyes
If the gate is closed , do not enter is implied. This means police as well. Or it does where I'm from.
@@LeinaVanceYes, ask any judge bot knowing the law is no excuse to break the law. So saying you can't read the sign is no defense either.
This was interesting. I had never thought of this question.
Knock and talk is lawful and a direct route to serve papers is legal but what if I do not have a fence and I have no tress pass signs in a row across creating an invisible fence so to speak from the front of my house back meaning the face where my front door sits there will be signs from there back through my property. Can a server then go behind my house oat my no tresspass signs to try and serve me a court order?
Hello, Can you submit the question thru this link? www.bluetogold.com/show Thank you -Staff
Private property and no trespassing signs mean just that. The owner of the property can actually kill everyone that enters their property and nothing be done about it. So without a warrant it is illegal.
Well there you go! I'm not sure I would give that same advice to others. Might cause some legal problems.
@@BluetoGold that is legal to do
@@johneasley8691 no it’s not
@@pumamountainlion7777 yes it is unless people allow it.
@@johneasley8691 It is legal in some states with Castle Doctrines. However, states such as North Carolina, that would still be murder. If someone is trespassing on your property, you have a duty to retreat and call the authorities UNLESS the person is actively breaking and/or entering into your residence. Within the confines of your own home, you do not have a duty to retreat and can shoot someone who is illegally attempting to enter your home.
So, in North Carolina, you do not have the authority to kill or shoot anyone on your property. In your home if they are actively attempting to make entry, yes. Be sure to research your particular state laws on the matter.
So if the police do a knock and talk on my property without locked gates or "No Trespassing" signs and I ask them to leave, can they remain there absent additional evidence of a crime? Can they be criminally trespassed if they remain?
If the occupant tells them to leave then cops have to leave. Whether that was criminal trespassing would depend on the state law but it could be. Anthony
We all know they would never be charged
Additional items required. "No Public Access" signs, Locked gate on fence. Audio-visual recordings at the gate.
. What steps would I have to take to keep all uninvited out of my land legally? I have nothing against police in general but don't want them or others wandering in as if its public space.
8ft Back fence of Curtilage snooping down through the end of fence ? Unlawful?
Doesn't No trespassing mean exactly what it says ? No trespassing.
Ok. Just so we are on the same page. If you're neighbor who you never met came to your front door to invite you to a block party would they be trespassing?
@@BluetoGold Yes.
@@crazyrooster9720 ok. Just checking. I’m glad we are not neighbors.
@@BluetoGold Yeah,I carry a 9mm all the time. The no trespassing sign me and exactly that. You sound like a liberal yankee so I'm glad we aren't neighbors as well.
@@crazyrooster9720 Well can’t blame you there. 9mm is a great round. I need to upgrade from the .22LR.
i have this sign saying "IF YOU KNOCK MY DOOR, YOU HAVE TO PAY $500USD AND IF YOU WANT TALK TO ME, YOU GONNA HAVE TO PAY EXTRA $1500USD" etc.. theres more to that sign ehehe.. i find this very helpful.. since we have camera #ring did police come by and left without knocking? no more ehehe.. its very helpful.. it does helpful
In almost every state, if the property had a No Trespassing sign then opening the gate and entering the property would be criminal trespass. If a salesman entered the property an came to the front door and land owner called the police to arrest the salesman, shouldn't the officer arrest or cite the salesman?
Should you include a sign that states something like "Not responsible for damages to your life and property, upon entry"?
You may have livestock, dogs, etc., that may attack people. Or, you may do Target practice with your AR15 at different times of day and night.
A girl scout would not go through that gate.
I'm sure Hitler would agree with you.
So, if the door to my Ouse is unlocked can the Police just walk in??
What if they're accompanying signs that state: no police access granted & no soliciting of any kind by anyone violator's will be delt with accordingly under common law
If no trespassing signs are in view of the gate or driveway then it means only enter under three circumstances.
1. Invited (no risk of death)
2. Emergency ie fire
etc.. (no assumptions of death of owner.)
3. Not invited or Emergency ie fire. (Tresspassing, Risk of death is assumed.)
Police without warrant and no invitation is the same as 3.
In Texas all you have to do is put purple paint on your fence posts. That means no trespassing and violators could be shot. Police aren't to enter without warrant or if they see a crime being committed or unless in pursuit of a person that flees to your residence. Also, if someone has a warrant and they have reasonable suspension that the person is on the property.
Don't mess with Texas!
@@BluetoGold Remember..an arrest warrant is not a search warrant. Too many cops think they can enter and search a private residence with an arrest warrant.
Do you have a link to details what you're saying?.........I have a feeling it may be B.S.
@@machonsote918 you can Google it can't you? You know what your right it's bullshit...if you see purple paint it actually means welcome you can hunt here.
Check your states laws & statutes. Every state addresses this.
Can't disagree with that! Anthony
If it's posted it's posted and legal. Stay out.
9th circuit handles NY? wow
No. But they do handle the 4th amendment which is what I teach.
The deference between Girl Scout and police is when you tell the Girl Scouts to leave they do,you tell police to leave well they don’t ????
While this might fall under “open fields” doctrine, many states are overturning this.
I live in Australia but I do believe it depends on what the NO TRESSPASS sign states
like you have rights anyway lol
Yes we saw your rights in Australia, not to put too fine a point on it but it looked like, "Shut up and stay in your house!" about sums it up!
What part of no trespassing don't you understand?
Anything is lawful for a tyrant.
Your obviously are a legislator or have a treaty and diplomatic immunity. In Texas we have land patents and those are legally sovereign unincorporated territory. The police use that most people don't understand they have zero authority somewhere in the county but only by conceit or the police doing it and they don't say no. I don't comply with the appearance of athority until shown its actual and justified.
What happens when the bull goes on a rampage?
Do not even speak to them. Wait them out and they will leave absent of a warrant to enter the home.
Get a warrant or get shot…you are an unknown liability
Its takes a ignorant cop to think NO TRESPASSING means WELCOME!
If a girl scout entered the property then they would be committing criminal trespassing just like the cop is. Except the cop is armed and it would be considered felony criminal trespassing.
If i have to lock myself into my home then i am not free
This was really bad advice, you could not make any jury in the world think that a girl scout would be comfortable with going through a gate and down such a long drive way. Also it covers you entire property not just directly around your house. I hope other LEOs do not listen to you unless they want to be on the former LEO side.
What happens if you tresspassed a sign at area 51. Right you get shot. If a cop tresspass your sign shoot him
Your property must be protected by Smith and Wesson.
Signage & fencing doesn’t mean “stand there & make up excuses to do as you please”.
Signage & fencing means _Keep Out!_
Full Stop.
absolutely not, as a citizen who is armed at all times the gate and no trespassing signs are there for a reason, you are not welcome for any reason uninvited. If a cop is unable to understand that simple concept, I don't know what to tell you.
Yep you wonder why the cops do not respect your rights,.This trainer has quoted a supreme court ruling that says the police cannot enter, and he says I dont trust the supreme court ruling and go ahead and ignore it.
Ok get a sign that says no solicitation, no police, no trespassing
I don't think so trespassing means everyone even girl scouts
What about a big villa ( example: Beverly Hills) with a big fence? Knock&Talk? No way.
Place your mailbox outside the locked gate.
This is what is called "rationalization" and it's a bad idea. "Open fields" is b.s. no matter what scotus says. They're often wrong, remember and they often reverse themselves later. I've added "Do Not Enter" but I think I should add "No girl scouts, missionaries, cops or any person without a specific, personal invitation." My gate is always closed and locked with electric opener, there is no legal way to bypass that gate but I've seen video of thugs jumping or just driving through gates.
The courts side with police almost always in these cases.
Technically the gate is open and no breaking or entering "crime" is involved.
Trespassing falls into 2 categories, civil and criminal. Initial ignoring the No Trespassing sign is a civil trespass.
Once the legal occupant asks or demands the police to leave, they should leave and are committing criminal trespass if they stay.
However, under qualified immunity, the courts will do nothing to the officer.
Officers universally say - we have the "right" to be here, even after you tell them to leave.
Immunity from prosecution and right are not the same thing,
but they have been telling this lie and the courts base their decision on whether the officer thinks he has the right.
If you try to force the officer to leave, they can arrest you for assaulting an officer.
Best thing is to lock the gate or have a keypad entry system where a code must be entered.
It's called BARBED wire city boy
You Comme on my land you done
Address?
A city boy that is ignorant of rural living. If i have a farm, closed gate with "no trespassing" signs, you better think twice before trespassing, cop or not. Good way to get your head blown off. Sorry, we've had a lot of brake ins, i didn't know they were cops. End of story.
Sorry, I disagree 100% and I believe circuit courts have upheld the same via the "girl scout standard". It does not matter if a gate is "locked", if entry is being prohibited by purposeful obstruction (gate), as well as plenty of "no trespass" signage, there is no girl scout that is going to open a gate and make entry. They are actually informed NOT to do so! I live in a similar setting but in which someone could easily just hop the gate. Is it legal? NO! Why? Why is the gate there? To obstruct entry, thus the intent is to refuse visitation, and that includes the government. I also have and advise that people install a "dog warning" sign as I have a free range Doberman. Any government official that dares to breach my perimeter has also been advised that they will be greeted by a dog. That means there can be no, "we got out and were surprised by a dog so we shot it" defense! This also means no one in their right mind is going to WALK 600ft down my driveway with obvious potential to engage a dog.
But it puts at risk a major lawsuit of equity forcing the the boss of the corporation to spill lots of green money from the municipality to the injured party🎉❤❤❤
I would say if the gate is closed with a no trespassing sign there is no right to enter! You do not know what livestock he may or may not have that you believe the gate contains.
Does a guy have to resort to armed guards too enforce a no trespassing sign?
A fence a gate and a no trespassing sign are three clear reasons why you should stay off the property without a warrant or permission.
I believe your advice is opening up people to litigation.
Lock your gate, have weapons sighted in on the driveway and refuse to speak to the filth, have a communication system at the gate.
The #Girlscouts would NOTTTT go past the GATE, so your own specified standard nullifies your conclusion👎
Not unless they have a warrant, period!
I disagree: the plain reading of "No Trespassing" means "No Trespassing". To bad for the girl scout, too bad for the police - get a warrant. Especially when the sign is in plain sight from the gate.
POSTED - PRIVATE PROPERTY - NO TREASPASSING is the sign needed.
Okay let me change it up a little bit what if you weren't involved in a case at all and you had something like a danger beehives on property sign. Or some other danger sign along with having some other type of livestock on the property besides bees
No
I don’t see how you’re smart! How are you a teacher
Imminate destruction of evidence?
No Trespassing means that. Do Not Enter.
Straight up this guy is an attorney for law-enforcement training yet what he is actually doing and preaching would only lead to the most heinous outcomes for both the law enforcement as well as the homeowner. This is just terrible terrible advice. I don’t put all those signs up on my property For you to just say oh I didn’t interpret it that way. What should I have written on the sign? If you interpret this the wrong way you may be unalive, you are trespassing on my property and failure to retreat in the end of your life.
If there is a sign 'No firearms allowed on the property' Must the officers leave there weapons behind when conducting a knock and talk?
Good question lol 😅
Nice Video Thanks!
Git a life say off of private property
I agree we should respect privacy rights.
it's a real shame that America has come to this. wth is wrong is you? No trespassing means just that!
Get a warrant!
Of course they are allowed, they are police and can do whatever they want, with no accountability.
Understand this...no matter what you're told by some random internet attorney, if you come through a closed gate that has no trespassing signs, you're going to get shot. Assume this to be the case, because its true for a lot of us. If you don't have a warrant, you have no choice but to wait for the person to leave the property. And if you're just trying to have a consensual conversation, dont let your ego get you hurt. Push that line at your own peril. There are more people than ever that are not going to allow LEOs to break the law, and are going to physically fight back if you do so. Ask yourself if you're truly honoring your oath....if your actions make you an asset to the community. The thin blue line brotherhood, and job security do not come before your oath.
Strong words. Probably see you on a warrant poster one day.
@@BluetoGold Yep. I'm a combat vet with decorated and honorable service, no criminal record, don't drink, dont do drugs, or participate in any illegal or illicit activity, but God forbid I don't bow down to the thin blue line gang. The sad part is I can name at least 10 deputies in the county I live in that should've had "warrant posters" at some point in the last decade, and these are just cases I can think of off the top of my head. One was having sex with high school girls in his patrol car, and another assaulted a tow driver on the highway and put his pistol in his mouth and informed him he was going to paint his windshield with his brains, and that was because he didn't like where he parked. Neither one of these pieces of shit ever served a single day in jail. So if my face ends up on wanted poster( because this is fucking 1802 so maybe you'll see my face outside the saloon partner) its likely because I refuse to waive my rights, or allow them to be infringed upon, and furthermore fight for them for my sake, and my friends and family. TBL is not above the law, and Im not the only citizen that feels this strongly about this.
@@pierreaston7709 I respect your service but you’re implying shooting cops because you simply having a no trespassing sign. I don’t respect that. I also teach cops best practices and don’t want cops violating people’s rights. But this issue I spoke about in the video is not black and white. Not to me at least. But still I’m glad you took the time to give me feedback. I’m also allowed my viewpoint. Stay safe.
@@BluetoGold No, I'm condoning shooting armed individuals that break into property that isn't their own, nor public, breaking the law in the process, and violating the sanctity of private citizen's homes, because they want to have a consensual conversation. They do things like this because qualified immunity emboldens them to act recklessly without fear of punishment. Honestly, it wouldn't matter to me if there's actually a trespassing sign or not. If there is a locked gate, door, or a motherfuckin portal, they do not have the legal right to enter without a warrant that expressly allows them to enter the property. It has become too common for police officers to do things they'd shoot, tase, or otherwise assault and kidnap anyone else for, and on a daily basis. This is just one example, but it happens to be an example where a private citizen would be justified in using lethal force in response. Until police officers are better trained in deescalation, have better internal accountability, and understand the difference between them being scared, and their life actually being threatened, they simply can not be trusted. Too many LEOs wholeheartedly believe that any order they give is a lawful one. Lets say that an officer illegally enters my property because they want to ask me about an acquaintance. They climb over a locked gate without permission, and as they are nearing the porch, they see I have a gun on my hip. They're not there because I have broken a law or have a warrant, I am 100% allowed to have a firearm on my property, and yet many if not most officers will immediately pull their gun on me, and force me to relinquish my firearm for their safety, possibly even put me in cuffs. They are the one trespassing, and threatening me with a firearm, without a lawful reason to be on my property in the first place, but I'm supposed to give up mine because they're scared, and we all know, officer safety will always be more important than the safety of the community they serve when it comes to any tactical or potentially combative situation. And if I comply, and file a complaint, nothing will happen because their superior will say that's exactly what they would've done. If you don't see the problem with that, you're insane, or just lying to yourself.
@@BluetoGold You mean you're going to see his obituary!!!
Keep all gates locked!!!
It makes the threshold law harder to breach.
Of course not but your gun does
No trespassing is for cops only