Slight diff,I am a citizen of this country and am travelling across the land with no ill intent, If the land owner confronts and asks I will gladly tell them what I am doing and will be off the property soon.
You may be a Citizen of America, but you are not a Citizen of my Private Property, and since you are a Stranger I have no Idea what your Intent is, Therefore if you Trespass on my Property you will be leaving now, not soon. On the other Hand if you were to Knock on my Door and ask Permission I would be Happy to Oblige, however your Post Displays a certain Disrespect of others and their rights, and I suspect you would end up in the back of a Deputies Cruiser.
Nope not atall, no diss intended just trying to offer out a different point of view and how do ya knock on the door without trasspassin? The NO Tresspassing , how do ya ask for permission when no one is home like LZ and his wife travalin around the country in the RV. signs are there to warn the person going across the property that the owner now has the right to confront the person on the property to determine intent, which is reasonable, but when you post signs that now specify that no gun are allowed you cannot approach a suspected felon , you are actually removing some of the freedoms you have in the management of your own property. Just a different perspective on the way the law looks at the situation , with the upgraded signs only a deputy can now confront a trespass.
The right to life trumps property rights or rather life is more precious than property. That is the legal background for trespassing being a misdemeanor. Now if someone is destroying your property or putting your life or living in danger then it i a felony. In Washing ton you have the right to use lethal force to stop a felony in progress. You still have to refrain from the use of excessive force though. If they are walking away with your rake or driving your tractor of your property courts would prosecute you for murder because there is no immediate threat to you or aggressive action against you. This is a gray area because stealing a tractor is could affect your livelihood.
On my property you don't have any rights but those I allow. I can tell you that you can't wear a gun, can't speak about certain things or use certain language. I can search you without a warrant. You are free to leave instead of submitting to my rules on my property but if you want to remain you must comply.
I have issue with the aggressive prosecutor theory. Property rights are the foundation of rights. Property rights trump "civil rights." The prosecution of shooting trespassers goes along with self protection prosecutions. It is veiled communism, disguised as justice and public safety.
You're 100% rights that property rights are the foundation of all rights. Your body is your physical property and no one has the right to deprive you of your body (your life). From that fundamental right springs all other rights.
I can see defending your property by using lethal force against someone looking to steal or destroy your property or harm you or yours, but I'm not at all sure shooting someone who's on your property can always be justified. Broke into your house? I'd have no problem if they were rendered lifeless. Some hiker crossed a corner of your wooded property 1000 yards from any building and you haven't posted any boundary markers? No, shooting is certainly not justified. Granted, most trespassing falls somewhere in between those types of events. Use your head and stay within the law.
Shooting is not justified unless you are in immediate danger of loss of life or limb. A simple trespass is NEVER grounds for the use of lethal force. Just using a gun present to instill fear in another person is an act of violence that could be a felony. Wearing a gun on your property is not a violent act. If you removed it from the holster or used it to motion to the trespasser then you might be committing assault. (in this case with a deadly weapon)
Shooting is not justified unless you are in immediate danger of loss of life or limb. A simple trespass is NEVER grounds for the use of lethal force. )
Yes and no. You just have to be in fear for your life or the life of others. Someone walking up your driveway could instill this fear even if they are showing no weapon. Just the fact they are advancing on you could cause fear for your life.
No law is black and white. And everyone could view the circumstances differently. That's when you need two things- -you need to keep your mouth shut and have a good lawyer.
Yes and no. You just have to be in fear for your life or the life of others. Someone walking up your driveway could instill this fear even if they are showing no weapon. Just the fact they are advancing on you could cause fear for your life.
No law is black and white. And everyone could view the circumstances differently. That's when you need two things- -you need to keep your mouth shut and have a good lawyer.
That is why I carry insurance (my terminology not theirs) that provides $10,000 up front to start my defense in a self defense scenario. This immediate attention from an attorney and an investigator can nip any charges in the bud and can make prosecution much harder. Other funds are likely available as a grant after review of the case.
So you will walk 12 miles on public roads to get home because of a vehicle failure instead of cutting across a field and ridge line for a mile journey to home plus go unarmed, Its a wonderful thing when people have to be too protective of their land.
It was all according to whos land you crossed and what was in the field, like a raging bull that got after me once. Mama didn't like anyone on her land though, we sometimes had escaped prisoners camp on our property and some locals would sneak in to fish.
In the good days I would ride towards the front of the house to stop just within rifle range and holler, "HELLO THE HOUSE!" I'm warning anyone that hadn't seen me approaching that I was on their land. I knew I was trespassing, the property owner didn't know what my intent was and I could be shot and killed and no jury would convict the property owner. In essence I'm asking permission to proceed.
If before I yelled I saw folks stop doing whatever they were a doing and look at me then I would ride in to reasonable talking distance keeping hands in plain view and explain why I was trespassing. I knew any sudden moves or threatening actions on my part would result in an attempt to end my life.
Horse threw me and busted up my leg. Yes I would take the most practical trail to get help including knowingly trespassing. Full knowing that I could still get shot and that a jury would probably not convict the property owner.
Today the (IMHO) mentality is "I can do what ever I want, go where I want, whatever reason and who are you to tell me otherwise?" and those that are affected have almost zero recourse.
I like the good old day method. Folks were a lot more polite even when it weren't their nature to be so.
2 x 4s low enough that a snowmobile with a windshield can't get under. Hidden on the back side is 1/2" aircraft cable that prevents anyone from trying to smash though and also prevents lifting the gate off the hinges.
Good heavy padlock in the middle keeps the gate closed.
If the property is fenced it is wrong to cross without permission. If the gate is open, walk to the house and ask for permission or help. If the gate is closed stay off the property. That used to be common sense.
Slight diff,I am a citizen of this country and am travelling across the land with no ill intent, If the land owner confronts and asks I will gladly tell them what I am doing and will be off the property soon.
There's no difference. Your both trespassing where your not wanted.
While YOU say you have no ill intent how is a parent supposed to trust that a stranger who obviously has no respect for the rights of others isn't scoping out a way to get to the children?
No one has a right to travel across someone else's property. You don't have the option to take any route off the property that you want. You can go back the way you came or go with the county deputy. My property isn't your right of way.
There was a time before the communists took over that a property owner had benefit of the doubt. Trespassers were criminals, not victims. Now the owner gets sued and punished for exercising due rights. If one as no business on someone else's land, stay off or suffer the consequences. Simple enough...?
It is ignorant behavior, IMHO! There is a stretch of land that I drive almost every day. I see old tires, mattresses, wood, etc. I don't understand this!
It is ignorant behavior, IMHO! There is a stretch of land that I drive almost every day. I see old tires, mattresses, wood, etc. I don't understand this!
I'm often picking up empty beer can and small hard liquor bottles up out on our front yard that people throw out their window driving by. You should see what they throw in our preschool parking lot. Used condoms and needles are the worst. I've had to call the police twice to remove people from the parking lot that are meeting in their car to have a little rendezvous at lunchtime. Also drug sales. And this is at a preschool.
