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No you are wrong. It happens every single day. Ignorance of the law like yours, is what the police count on.
Boulder woman disturbed by police policy to enter unsecured residences
Cops stand by protocol that relies on reasonable suspicion something is wrong
By Joe Rubino Camera Staff Writer
POSTED: 06/09/2013 03:00:00 PM MDT
Boulder residents who intentionally leave their doors open, may unintentionally be inviting a Boulder police officer in for a visit.
Chrissy Smiley learned this fact in surprising fashion on Thursday afternoon when she returned to her south Boulder condo after a 40-minute walk with her dogs to find a card from a Boulder police officer sitting on her dining room table.
No you are wrong. It happens every single day. Ignorance of the law like yours, is what the police count on.
Boulder woman disturbed by police policy to enter unsecured residences
Cops stand by protocol that relies on reasonable suspicion something is wrong
By Joe Rubino Camera Staff Writer
POSTED: 06/09/2013 03:00:00 PM MDT
Boulder residents who intentionally leave their doors open, may unintentionally be inviting a Boulder police officer in for a visit.
Chrissy Smiley learned this fact in surprising fashion on Thursday afternoon when she returned to her south Boulder condo after a 40-minute walk with her dogs to find a card from a Boulder police officer sitting on her dining room table.
Do you want me to give you more examples? If you do we should probably start another thread for it, because it's going to be long.
I take it you didn't read the link I posted earlier, to a case in the 9th Circuit Court of Appeals in which they deal with this. Apparently your misconception is not uncommon, even among law enforcement, but it IS a misconception. You're wrong.
The fact that police do it does not mean everyone else can do it.
It is not the same thing.
Getting back to my original point. A driveway = "implied consent" to enter. It's perfectly legal to use a driveway to turn around unless it is posted with a legal size sign prohibiting using it for that purpose. The same way a sidewalk = "implied consent" to enter private property on foot. If you walk or drive anywhere, chances are that you are entering and leaving private property hundreds of times a day without even knowing it. That is perfectly legal. It is the property owners responsibility to keep you out.
OP You will have to let us know what your sister decides. I would go with the orange cones. She would not have to use them forever. I bet after a few weeks, couple of months at most, people would have established new patterns of behavior, found a new place to park/turn around at, and then she could try to do without them.
Funny thought - if she had free time she could post a sign that says "U Turns $10" and stand at the start of the driveway with an orange vest and a money belt.
This is entirely untrue. our driveway is part of our property line, and we maintain it and pay taxes on it. It is certainly NOT legal for someone to turn around in. Not sure where you got that idea from.
Would the word of a Police Chief be good enough for you? I suppose not, since you are obviously such a legal scholar.
Q: Can I turn around in someone's driveway?
A: Wisconsin's trespassing statutes are numerous, consuming an entire page of text and can be somewhat complicated, but in this instance I think I can answer the question without using up the entire Mukwonago Chief.
First we'll characterize what the statutes call "implied consent," which I believe applies to most every driveway in Wisconsin. Implied consent is defined as conduct or words, or both, that imply that an owner or occupant of land has given consent to another person to enter the land. By virtue of simply having or building a driveway, I believe the property owner has given everyone implied consent, meaning the property owner has made a nonverbal statement akin to, "cars can drive on this property."
I don’t have an orange cone but I do have a sawhorse that I’d place in thedriveway with a NO U TURN sign printed on a piece of cardboard. It would get their attention quickly that you don’t like the idea of their using it for a U-Turn and most drivers are courteous enough to obey the sign and never try it again. It might take several days to get their attention but it’s apossible solution without harming anyone or anything. Most people would get the point and avoid using it to turn around.
That sounds like a great idea, specially since it is probably the same people doing it every day.
Would the word of a Police Chief be good enough for you? I suppose not, since you are obviously such a legal scholar.
Q: Can I turn around in someone's driveway?
A: Wisconsin's trespassing statutes are numerous, consuming an entire page of text and can be somewhat complicated, but in this instance I think I can answer the question without using up the entire Mukwonago Chief.
First we'll characterize what the statutes call "implied consent," which I believe applies to most every driveway in Wisconsin. Implied consent is defined as conduct or words, or both, that imply that an owner or occupant of land has given consent to another person to enter the land. By virtue of simply having or building a driveway, I believe the property owner has given everyone implied consent, meaning the property owner has made a nonverbal statement akin to, "cars can drive on this property."
I agree... walking on someone's lawn, turning around on someone's driveway, or walking into opened garage, or house when the door is open is RUDE but not against the law.
BUT: You can post your property. Some folks have a right to enter, for example, the meter reader, or the postman. Religious missionaries are probably not going to get high police priority. If you post "Private property. No trespassing" sign, you might have a better luck pursuing a case against those that trespass on your property, and the likelihood a jury would believe someone didn't know he wasn't allowed to enter or remain goes down sharply.
Over here in the western part of TN, we go out and wave.
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