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| 04/24/25 09:18:17 | [ Login ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1, 2, 3, 4 ] |
| Subject: Police Coverage | |
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Author: Lori |
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Date Posted: Sat, Aug 29 2009, 14:36:47 In reply to: Butch Huber 's message, "Search and Seizure." on Fri, Aug 28 2009, 16:33:35 Legally, the police cannot do anything on our property, even when hired. They need one of us, any member of the HOA will do, to tell the person they are tresspassing and to make sure they never return to our property. Due to "federal and state issues" you cannot just immediately arrest someone for tresspassing unless they are doing something else illegal at the time. The police will ask them to leave and if the person does, that's it, they followed the law. In order to arrest, it needs to be criminal tresspass. To get to that level, the person needs to be notified that they are not allowed back here (usually with a certified letter) but it can be done verbally with witnesses. It's just like a home. You may have a relative over your house from out of town. The police see a guy in your yard playing basketball. Unless they openly see drugs or guns or something else that is illegal, there are no grounds for him to stop that person. You would need to request that the person leave your property and never return. Specifically say "you are tresspassing". Then if they come back, it raises to the level of criminal tresspass. Unfortunately, the State and Federal governments have softened all of the rules. It's not law enforcement's fault. Do blame the courts though. Take it up with your representatives every chance you get. [ Next Thread | Previous Thread | Next Message | Previous Message ] |