103
votes
USPS Back Room - Trespassing?
Trespassing requires that you be on someone else's property without their permission. The supervisor has explicitly given you permission, so it's not possible for you to trespass. You are correct that ...
- 6,208
69
votes
Accepted
Is it legal for private citizens to "impound" e-scooters?
Maybe, Hence the Lawsuits
In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels, and for the affected landowners (who hire the ...
- 227k
47
votes
Accepted
In Los Angeles can I defend my own property against looters?
If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. ...
- 217k
45
votes
May I bring weapons and/or defend myself when trespassing for a legal reason?
As the answer by Greendrake says, if you have a a legal reason, to enter property, you re not a trespasser. Trespassing is generally defined as entering on property against the expressed will of the ...
- 115k
38
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Yes, your best bet for immediate relief is to call 911 and ask for a supervisor. Generally speaking the police are not legally obliged to explain themselves to you on the spot. They are obliged to ...
- 3,688
35
votes
Accepted
Can you be issued a trespass warning on public property for no reason at all?
Can you be trespassing on public property for no reason at all?
Yes.
When the government owns property, it can direct you to leave for any reason (even a legally invalid reason), and you are ...
- 240k
34
votes
Are there laws restricting who can go into "employees only" areas?
...a disgruntled customer walks into the employee only area and refuses
to leave until xyz demands are met.
That is called trespassing.
Trespass is defined by the act of knowingly entering ...
- 19k
34
votes
Do I have the right to enter into someone house without permission if my child is in there?
So, in England and Wales your son assaulted Mario. (From Wikipedia: "Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence"...
28
votes
Can I deny people entry to a political rally I co-organise?
This would seem to fall under "negative" freedom of association; that is, the freedom to not associate with certain other people.
This article discusses the matter in the context of ...
- 14k
28
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
You Can Beat the Rap, But You Can’t Beat the Ride
The best you can do is to tell the officers you do not consent to a search or their presence on your property. You must comply with their direct ...
- 379
27
votes
Do I have the right to enter into someone house without permission if my child is in there?
It depends.
If you child is actually a child, then if someone refuses to return your child to you upon your request, you are arguably acting to prevent a crime, which gives you some leniency in ...
- 610
22
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
This answer is based on standard ACLU advice. The ACLU is the American Civil Liberties Union, the pre-eminent civil rights organization in the USA. Their lawyers understand statute and case law ...
20
votes
In Los Angeles can I defend my own property against looters?
Legally, yes.
Under Penal Code 198.5, California follows the Castle doctrine, meaning there is no duty to retreat if a resident confronts an intruder inside the home. Residents are permitted to use ...
- 325
18
votes
USPS Back Room - Trespassing?
if a postal police officer happened to be there one day, he'd [...]
question the supervisor
I'd say the post office people, and esp. the supervisor, are at much higher risk than you. If, by some ...
- 289
16
votes
Do the police have to kick someone out the house if the owner demands it?
If the ex-wife had a legal right to occupy the house, then the ex-wife also had the legal right to invite in others.
Removing the wife’s right to occupy the house would be part of the judge’s divorce ...
15
votes
Accepted
Are there laws restricting who can go into "employees only" areas?
Most jurisdictions define trespassing as being immediately trespassing if you are somewhere
you have been previously warned away from (kicked out of the mall) or
where there are signs posted ...
15
votes
USPS Back Room - Trespassing?
If they tell you to leave and you do not it is trespassing, but all you have to do is say OK and leave if they ask you to go. Anyone complaining about that is immature.
- 4,022
15
votes
What offence if any is committed by guessing a combination entry lock on a door?
canada
This would be breaking and entering contrary to s. 348 of the Criminal Code.
"Breaking" under this offence means "to break any part, internal or external, or ... to open any ...
- 72.7k
14
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Start video and audio recording (check if that's legal in your state, but AFAIK it is in most) and clearly repeat your statements. Inform them that you are recording the encounter and that you believe ...
- 765
13
votes
Accepted
May I bring weapons and/or defend myself when trespassing for a legal reason?
If a court authorizes you to enter a property that won't be a trespass.
Such an authorization would be meant to be communicated to the property owner before you enter it — so that they allow you to ...
- 28.2k
12
votes
Who can stop a member of the public from peacefully protesting a private club who rents their space?
The club renting space from the shopping center makes no difference; the difference is public vs. private land.
The legal controller of the land you are on - whether the shopping center, the club or ...
- 19k
12
votes
Legal implication of shutting another’s windows from the outside
Bob must not interfere with another person's property without permission.
It is either trespass to land or trespass to chattels, or both, depending on how the window pane is classified and depending ...
- 72.7k
11
votes
Do I have the right to enter into someone house without permission if my child is in there?
You clearly committed trespass and assault; other charges such as burglary and threatening behaviour are possible, depending on the view of the authorities.
It would be possible for your defence ...
- 4,650
11
votes
In Los Angeles can I defend my own property against looters?
This is not a law answer but it feels wrong to make it just a comment.
Don't do this.
I know quite a few criminals. My dad is in jail for 25+ years. My brothers, uncles, and cousins have rap sheets ...
- 271
11
votes
Can you be issued a trespass warning on public property for no reason at all?
The mistake here is that the library is publicly owned/funded but is a place of government business and as such, is allowed to implement property rights similar to that of a private business and maybe ...
- 23.2k
10
votes
Accepted
Force neighbor to resolve property line encroachment before selling house
Is there a way for us to prevent the sale of the house until they have
moved the fence? For example, it seems that filing suit against the
current owners doesn't necessarily prevent the sale, and ...
- 240k
10
votes
Can I deny people entry to a political rally I co-organise?
In Germany, the organizer or someone designated by them can exclude people from the event, but enforcement is up to the police.
A police coordinator will be near the organizer during the entire event. ...
- 356
10
votes
Trespass against easements?
can I tell the cops I am happy with those people being on my land?
You're assuming that a police officer will accept your formulation of the question as being about whether you are "happy" ...
- 3,003
Only top scored, non community-wiki answers of a minimum length are eligible