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Old 06-28-2012, 07:49 PM
 
Location: Charlotte, NC
23 posts, read 46,028 times
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I was told that one cannot be arrested or issued a citation in Mecklenburg County for trespassing on private property (in my case, my yard) unless that person has been specifically warned not to go onto the property. Is this true?

It seems a bit wacky. If I see someone in my back yard at midnight, he surely didn't just stumble into my yard. What's the truth about trespassing on private property.

I did a search about this, but I didn't find anything specific to the scenario described, just questions about posted land and guns.
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Old 06-28-2012, 08:16 PM
 
Location: Up above the world so high!
45,242 posts, read 96,216,044 times
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Quote:
Originally Posted by BoA1970 View Post
I was told that one cannot be arrested or issued a citation in Mecklenburg County for trespassing on private property (in my case, my yard) unless that person has been specifically warned not to go onto the property. Is this true?

It seems a bit wacky. If I see someone in my back yard at midnight, he surely didn't just stumble into my yard. What's the truth about trespassing on private property.

I did a search about this, but I didn't find anything specific to the scenario described, just questions about posted land and guns.
Yes, a person has to be warned. Posting signs is considered a warning though, so just get one for your backyard
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Old 06-29-2012, 09:52 AM
 
Location: Near the water
8,237 posts, read 12,781,783 times
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BUT note that the signage must read exactly like the statute. Otherwise it will be tossed out of court, if a trespass arrest is made in the first place.
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Old 06-29-2012, 01:03 PM
 
5,150 posts, read 7,369,510 times
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Quote:
Originally Posted by Chromekitty View Post
BUT note that the signage must read exactly like the statute. Otherwise it will be tossed out of court, if a trespass arrest is made in the first place.
Which statute? The only thing I could find was:

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
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Old 06-29-2012, 01:24 PM
 
2,603 posts, read 4,730,462 times
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Quote:
Originally Posted by BoA1970 View Post
I was told that one cannot be arrested or issued a citation in Mecklenburg County for trespassing on private property (in my case, my yard) unless that person has been specifically warned not to go onto the property. Is this true?

It seems a bit wacky. If I see someone in my back yard at midnight, he surely didn't just stumble into my yard. What's the truth about trespassing on private property.

I did a search about this, but I didn't find anything specific to the scenario described, just questions about posted land and guns.
I think the warning system is pretty much universal. If it wasn't, then we're all probably criminals here. Think about it, the line between private property and public property is pretty fluid. I wouldn't want to live in a society where one could be arrested for simply setting foot on someone's yard. There are countless scenarios where someone might "stumble" onto private property unwittingly. Emergency situations where someone knocks on a door, etc. So I think it's necessary for the warning system to be in place. It would be a tremendous waste of police resources to arrest people in these circumstances.

But please don't try and get someone arrested for just happening to be on your property doing no harm. Tell them to leave and if it happens again, then get the law involved. It's a massive waste of the police's time and just bad form in general.
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Old 06-29-2012, 02:36 PM
 
Location: Charlotte, NC
23 posts, read 46,028 times
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Quote:
Originally Posted by coped View Post

But please don't try and get someone arrested for just happening to be on your property doing no harm. Tell them to leave and if it happens again, then get the law involved. It's a massive waste of the police's time and just bad form in general.
I'm talking about someone in my well-lit, fenced back yard at midnight. If the Charlotte police think it's a waste of their time to come out to take the guy off my property at midnight, they're in the wrong business or their priorities are all wrong.

Should I go out and offer the guy a beer and a sandwich and ask in a gentle voice, "For what reason, kind sir, dost thou tread upon mine property at such an hour before the **** hast ever crow'd?".

Ain't gonna happen.
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Old 06-29-2012, 03:07 PM
 
6,318 posts, read 9,482,397 times
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Do you know who it was? Otherwise no they probably won't waste their time trying to find someone that they don't know if they committed any real crime

Edit: I guess you were saying you wanted to call the police while the person was still there? Even so, it's not likely they'd still be there by the time the police get there.

Last edited by GoPhils; 06-29-2012 at 03:15 PM..
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Old 06-29-2012, 04:37 PM
 
Location: Near the water
8,237 posts, read 12,781,783 times
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Quote:
Originally Posted by GCharlotte View Post
Which statute? The only thing I could find was:

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

I will have to look at our sign tomorrow. We were informed by LE and given a document with exact verbage on it to give to the printer/graphics company, if signage did not read just as the statute was written it would hold no weight and they were under no obligation to arrest for trespassing. We also had to sign a document with the LE agency that we would see the charges through.
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Old 06-29-2012, 07:54 PM
 
2,603 posts, read 4,730,462 times
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Quote:
Originally Posted by BoA1970 View Post
I'm talking about someone in my well-lit, fenced back yard at midnight. If the Charlotte police think it's a waste of their time to come out to take the guy off my property at midnight, they're in the wrong business or their priorities are all wrong.

Should I go out and offer the guy a beer and a sandwich and ask in a gentle voice, "For what reason, kind sir, dost thou tread upon mine property at such an hour before the **** hast ever crow'd?".

Ain't gonna happen.
Few questions: 1. How long was the guy on your yard? 2. You didn't turn your lights on and shout "who are you"? Or something like that. 3. Has it happened more than once? If it hasn't, then why are you worrying about it? 4. What was he doing, just standing there, walking through? 5. How old was the guy? Could it have been a teenager cutting through?

There are much higher police priorities than some random guy just being on your lawn not doing anything. He'll probably be gone by the time anyone can get there, and the police will try to avoid arresting the guy on a minor charge and wasting their time and resources.
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Old 06-29-2012, 09:06 PM
 
5,150 posts, read 7,369,510 times
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Quote:
Originally Posted by coped View Post
Few questions: 1. How long was the guy on your yard? 2. You didn't turn your lights on and shout "who are you"? Or something like that. 3. Has it happened more than once? If it hasn't, then why are you worrying about it? 4. What was he doing, just standing there, walking through? 5. How old was the guy? Could it have been a teenager cutting through?

There are much higher police priorities than some random guy just being on your lawn not doing anything. He'll probably be gone by the time anyone can get there, and the police will try to avoid arresting the guy on a minor charge and wasting their time and resources.
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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