WHAT YOU NEED TO KNOW
We have provided more informaton about "WHAT IS TRESPASS" HERE - - - - - - - - - - - - - - - - - - - - It is important to understand that trespass law differs from state to state. However, there are some common similarities in trespass law from state to state. - - - - - - - - - - - - - - - - - - - - A 10th Circuit Precedent Decision
If you really want to know about trespass law from a federal and state perspective, you need to study the PDF version of the 10th Circuit No Trespassing Sign Decision, which included a well-written, logical dissenting opinion from Judge Gorsuch when he was seated on the 10th Circuit. Essentially, the decision says that if you are to revoke the "implied consent" offered to anyone coming to your front door, including government agents and law enforcement, you had better put our No Trespassing sign on the front porch, as well as the front gate. You can study that decision HERE. - - - - - - - - - - - - - - - - - - - - A Treatise on one of the four pillars of property rights: "THE RIGHT TO EXCLUDE" - - - - - - - - - - - - - - - - - - - - Some of the information presented here came from a paper delivered to the King County Department of Development and Environmental Services (DDES) by the King County Prosecutor in Washington State, entitled:
RIGHT OF ENTRY The paper was designed to provide limits and parameters to DDES on what they can do and where they can go on private property, in providing building permit reviews and entering private property for the purposes of gathering evidence in land use and environmental code violation cases. Although the paper touched on U. S. Constitutional protections, it focused mostly on the Washington State Constitution and Washington statute law. Even so, some of the information provided does carry across state lines and it is up to the reader to determine if a Washington State law that we have shown here, is also the law in their state. Curtilage is the immediate, enclosed area surrounding a house or dwelling. The U.S. Supreme Court noted in United States v. Dunn, 480 U.S. 294 (1987), that curtilage is the area immediately surrounding a residence that harbors the `intimate activity associated with the sanctity of a man's home and the privacies of life. Curtilage, like a house, is protected under the fourth amendment from "unreasonable searches and seizures. Determining the boundaries of curtilage is imprecise and subject to controversy. Four of the factors used to determine whether to classify the area as curtilage include:
1) The distance from the home to the place claimed to be curtilage (the closer the home is, the more likely to be curtilage); However, the prosecutor's paper states that government agents may enter areas of curtilage, which are impliedly open to the public, such as access routes and walkways to the house with this caveat:
This rule would not work when confronted by obvious indicia of a property owner's desire to exclude intruders, SUCH AS NO TRESPASSING SIGNS THAT SPECIFICALLY ADDRESSES GOVERNMENT AGENTS.
NARLO's No Trespassing sign specifically defines government agents as being intruders, except for fire or medical emergencies.
- - - - - - - - - - - - - - - - - - - - Warning Private Property Nevertheless, keep in mind that a police officer may come on your property at any time, if the officer is investigating criminal activity. If however, the officer wants to come into your home, or an area determined to be the curtilage, the officer must have a warrant in hand, signed by a judge, specifically indicating the probable cause of criminal activity and the area to be searched. The NARLO No Trespassing sign states this fact in powerful, legally intimidating terms. "The judicial remedy for evidence that has been obtained in violation of the State Constitution is suppression. If evidence of a code violation is illegally obtained, it will be deemed inadmissible in both administrative proceedings, or courts of law. If an item of evidence is suppressed, all evidence that was discovered subsequently and as a result of the illegal search, is also subject to suppression."
What this means is, if it is determined that a government agent came on your property when the property is clearly posted with a No Trespassing sign that excludes government agents, any evidence gathered can be rendered inadmissible in administrative proceedings, or in a court of law. This could very well be the law in your state.
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