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Post by Scott W on Aug 31, 2006 18:47:12 GMT -5
Streetsweeper-You can't remember your date of birth? Oh thats just too good!!!! Can you say hypocrite?
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Post by streetsweeper on Aug 31, 2006 20:41:56 GMT -5
I don't have to tell you my date of birth. I don't put my real date of birth on any anonymus forum. Wow. Scott once again doesn't read what I write. What a shock. Can you say illiterate?
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Post by worried on Jan 23, 2007 13:00:07 GMT -5
Here's a trespassing story for you...
Oct. 15, 2005---A 15 yr. old male is walking,,cuts through a parking lot for a short cut and gets arrested on sight for defiant trespass....
No complaints made from the property owner,,no damage done to property,,no nothing,,just walking through a business parking lot...Where the 15 yr. old male entered,,there was no sign that read "No Trespassing"
I was called to the big scence of the crime...Yep--It was my son....When I arrived I asked the city police where the sign was that states No Trespassing....funny--there were signs..one was covered on a back wall in bushes which you couldn't even see...and other was in the middle of the parking lot,,and you could only see it after you were in the parking lot...which means you had to be trepassing to see the no trespassing sign...(however my son didn't even see it,,he wasn't there long enough too)...
This truly is a no brainer--When one is posting such a sign,,you would want to post it so people can see it before entering your property....posting it so they can't is entrapment to me....
So I did the right thing,,,hired a lawyer,,went to trail...We lost...According to our judge the signs (even though one was covered in bushes)---was clearly visible from a distance...
I did not agree with the judge...This certainly was not a case where good judgement was used,,but rather how much more money the towns people could collect to add to the their money jar...and at the expense of a minor child...ticket was issued for $112.00
Wasn't happy--I filed an appeal...court case is still going on in the Superior Courts...ruling should be soon...If I lose,,I just have that inch with taking the case to Supreme court...
I have done research regarding trepassing laws,,which in the state of Pa...there is a code law title 212.115 which prescribes posting in a manner of law...
My gripe--the cop who made the arrest should of checked if he thought signs posted behind bushes was legal...but no one in my town even knew what made them legal posting...nope when the cop was on the stand,,he didn't have a clue....
So how can they make an arrest for trepassing,,when the signs were not legal?? Any advice will be helpful...Thanks....
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Post by Shuftin on Jan 23, 2007 18:43:12 GMT -5
In my home State which is the great State of Misery (Missouri) there is a problem with hunters hunting on private property. No Trespass? Signs must be posted 50 feet from each other around the circumference of your property. Failure to post signs 50 feet from each other enables hunters to hunt on your private property with impunity. As hunting on private property is a problem land owners do not post a "no trespass" sign on top of the barn in the middle of the property. By law no trespass equals no entry and thus signs are to be placed around the "outside" circumference of the property.
A single "No Trespassing" sign hung up-side down and back wards behind a rose bush will not suffice or satisfy the law. The law in Penn's "Woods" (Pennsylvania) may be slightly different.
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Post by freedomfighter423 on Feb 8, 2007 14:17:55 GMT -5
(the originalpost) the problem here is that you knowingly gave false information, which is a crime. By doing that you gave him an excuse to get back at you for being cotemptious of his authority. he acted within the letter of the law if not the intent. which is common in the american police culture. your first mistake was admitting anything and trying to work with the officer, you should have handed him your id(becuase you are required by law to ) and waited for him to cite you to court...anything you wanted to say as a defense or even to admit guilt, should have waited till the court room...dont tell officers your name or DOB...let them read it off your ID. the only things you should ever say to a police officer are " am i being charged with a crime?", "am i free to go" and "may i speak with a(my) lawyer?". Now if you dont have an ID...you are required to tell them your name,DOB and address...and they can still detained for up to 72 hours untill proof of your ID can be confirmed. and lastly... demand a jury trial, never a bench trial( in most cases...fines/court costs and potential jail time involved with most modern misdameaners you can claim right to a jury trial under constitutional protections). you dont want a bench trial, for two reasons...one being that judges, considering their background as attournys, are more interested in the LETTER of a law, than the laws original intent(or spirit) and second, most judges are, in practice, predispostitioned to work with law enforcement becuase they work with these individuals on a regular basis and get to know them and their peers in a proffessional relationship, whilst you , as the accused, are a stranger with only a criminal and credit history print off as credentials to your personal good standing. And if you have a criminal history(minor or extensive) your word is next to useless in most bench trials. it is harder for the state to prove to 12 average joe s that a crime has been committed than to one elevated lawyer becuase juries tend to see the law as a guidline to get to the original intent of the act or oridenence that created the law than as an ends of itsself. one last reason to demand a jury trial...its expensive to the state, for more expensive( in time and money) than can be reclaimed even if a conviction is acheived.dont forget..locking you up in jail costs the state and county money as well. thats why the DA will always try to get you to plead guilty instead of going to court( by offering "deals" of probation, smaller fines, or reducing charges) but if you stick to it and demand a jury trial...8 out of 10 times, the DA will end up dropping charges or will put off holding a trial so long that the judge will end dismissing the charges do to due process violation. in short...do not talk to the police...unless you KNOW that the information you give will HELP the police to HELP a person in need(not help the police solve a "crime" or catch a "criminal"), do not answer any questions or offer any explanations...provide ID ( only becuase it is required by law) then refrain from saying anything else to that officer outside of the big three : " am i being charged with a crime?", "am i free to go" and "may i speak with a(my) lawyer?". there is a fourth and fifth statement you may want to use if you are being videotaped or recorded by audio...those are " i do not consent to...(insert what ever is appropriate ie: this search, this line of questioning,etc.) and " i am compelled to do so under duress" when complying with the officers intructions( wether they be getting out of a vehicle, sitting down, standing up, putting your hands up or on the car...or any other order or request.
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