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06-30-2012, 01:53 PM
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Location: Sneads Ferry, NC
12,887 posts, read 24,720,189 times
Reputation: 6437
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Quote:
Originally Posted by GCharlotte
How does a teenager cut through a fenced yard? Sounds unlikely.
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FYI, I've had a teen-ager climbing my 6 foot fence just for the challenge of it. I certain would call the police if someone is in my yard at midnite. |
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06-30-2012, 02:13 PM
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6,319 posts, read 9,658,379 times
Reputation: 3826
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Quote:
Originally Posted by GCharlotte
All this sounds hypothetical to me but if someone was inside my FENCED backyard at midnight then dang straight I'm calling the cops before a minor charge turns into a bigger one.
How does a teenager cut through a fenced yard? Sounds unlikely.
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OP doesn't say anything about a fence. And even so, if there's a gate, it's not very difficult. |
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06-30-2012, 02:49 PM
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2,603 posts, read 4,789,247 times
Reputation: 1957
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I understand the issue about the fence, but it doesn't change the law without the warning. And it's still a very low priority for police unless the guy was stealing something or trying to break in.
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06-30-2012, 02:52 PM
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6,319 posts, read 9,658,379 times
Reputation: 3826
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Agreed. I'm not sure if the OP wanted to call the police and then pretend like he didn't see the guy in his yard so he wouldn't leave before the police got there (and thus basically give the guy a chance to steal something)? At the very least I would turn a lot of lights on in the house.
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06-30-2012, 08:12 PM
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5,150 posts, read 7,451,593 times
Reputation: 1442
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Quote:
Originally Posted by GoPhils
OP doesn't say anything about a fence. And even so, if there's a gate, it's not very difficult.
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Post #6 |
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06-30-2012, 08:14 PM
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5,150 posts, read 7,451,593 times
Reputation: 1442
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Quote:
Originally Posted by coped
I understand the issue about the fence, but it doesn't change the law without the warning. And it's still a very low priority for police unless the guy was stealing something or trying to break in.
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I'm not sure because it's outside but it might change it to 1st degree trespassing versus 2nd degree. For 1st degree the warning isn't needed. Once you're in an enclosed space it's a whole 'nother story. |
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06-30-2012, 09:36 PM
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6,319 posts, read 9,658,379 times
Reputation: 3826
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Quote:
Originally Posted by GCharlotte
Post #6
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Good catch, didn't see that one. |
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06-30-2012, 10:59 PM
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Location: Matthews, NC
14,689 posts, read 25,525,552 times
Reputation: 14390
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Why is it that the quality of the property is inversely proportional to the number of "No Trespassing" signs posted?
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06-30-2012, 11:42 PM
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2,603 posts, read 4,789,247 times
Reputation: 1957
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Quote:
Originally Posted by bs13690
Why is it that the quality of the property is inversely proportional to the number of "No Trespassing" signs posted?
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So true.
Here's the NC statute. It appears there may be some possibility of interpreting the fence as "enclosed or secured as to demonstrate clearly an intent to keep out intruders." under first degree trespassing. But the second degree trespassing statute is pretty clear that you'd have to warn the person.
These are Class 2 and 3 misdemeanors, which means they're one step above a speeding ticket. Not something that police are going to spend much time on.
http://www.cals.ncsu.edu/wq/lpn/stat...ndtrespass.pdf |
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07-01-2012, 07:23 PM
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Location: Charlotte, NC
23 posts, read 46,710 times
Reputation: 20
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Wow. It seems that my safety, security, and privacy are trumped by somebody's right to be in my back yard at night when he has not been invited. So what's the common wisdom here?
a). have an engrave invitation ready for when he comes back and serve him dinner?
b). post signs on my fence, send up a blimp with blinking lights and a trailer reiterating the NO TRESPASSING signs
c). get a ferocious dog to further thwart entry
d). say to he*k with it and just see what he does
I think it's ridiculous for anyone to expect me to flash lights and ask what the guy's intent is at midnight. He's not there to mow my lawn, trim the trees, or give me a pedicure. Two times is a mistake and a call to the cops. Three times= a chewed up butt by a big mean dog. Four times with no cops arriving = a call to the mayor's office and barbed wire installed on my fence.
Is barbed wire illegal? I can't find anything in city ordinances that covers the use of barbed wire withing city limits in a suburban neighborhood.
Thanks to those who propose answers. It helps.
Really 
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