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I don't think that sounds likely at all in a gated community. Gated community implies stopping at a booth or needing to be able to unlock a gate. I am betting it's neighborhood teens who live in the community looking for place to get high/make out/hang out, something like that.
OP just do cameras, motion lights, and put some lights inside on timers so it's less obvious when you're not there. I think those steps should come before you start worrying about a confrontation. They're probably only coming when they know you're not there.
Well we have a gate, so I call it a gated community. We have no security staff. And the gate only blocks the road; individuals can wade 10 yards into the bushes and go to around the gate (or even just climb over).
I have installed light timers; I think it became predictable after so many years. I also have fake camera heads; apparently no use. I don't have real camera because I did not want to pay the $80/mo ISP fee. Maybe it's time to pony up the money.
Take photos/video so you have proof for when the cops do arrive.
Some states do have statutes allowing "citizen's arrests" but usually for scenarios where the detainee is committing a felony or doing something actively dangerous, so attempting such for simple trespass probably wouldn't fly.
Castle doctrine (which again is only a thing in certain states) only applies if they're entering your home, not just on your property more generally.
Yes my question is for if I encounter a trespasser on my property. In my case there is no "accidental" trespassing, because I have fences.
Sounds like there is not much a landowner can do?!
Quote:
Originally Posted by RobertFisher
Well we have a gate, so I call it a gated community. We have no security staff. And the gate only blocks the road; individuals can wade 10 yards into the bushes and go to around the gate (or even just climb over).
Seems to be a little conflict here. So your property is not entirely enclosed with fencing?
It's not legally mandatory to be fully fenced in order to enforce against trespassing, but the "flexibility" of your story is starting to concern me.
Why don't you give us more specifics? acreage, amount fenced vs non fenced, length of road frontage, shared property lines with adjoining neighbors and your relationship with them (cooperative vs hostile, etc)
What kind of ground cover, woods, etc How many buildings, are they burglary targets...stuff like that.
You can absolutely shoot someone if they pose a threat to you while trespassing. At least here. Not that I want to do that, but I like having the law on my side.
So what part can you not understand?
Quote:
Originally Posted by TaxPhd
I read where you said that the OP would be allowed to shoot the trespasser in TN.
If TN law allows you to corner and hold trespassers at gunpoint, post up the relevant section.
If a someone is trespassing on private property they are committing a crime. Here where I live there is no way I would face charges if I pointed a gun at nuisance trespassers and waited for the cops to come arrest them. Like I said, the freedom of Southern living is great. I'll say again, since you don't read what I say, I'm not looking for a chance to do this...to pull guns on someone. But I would be well within the law to defend my property with a firearm.
Quote:
Originally Posted by TaxPhd
Introducing a gun into a non lethal force situation is incredibly stupid.
Really? Based on what? I think getting someone, especially a known nuisance cornered dead to rights with a 12 gauge pump shotgun pointed at them for a "half hour" and then arrested...doubt they'd be back to bother the person again. People who own property/real estate have rights, believe it or not. One of those rights is to protect it.
If the police are 30 minutes away, you may have someone that broke down and is legitimately in need of assistance to keep moving. Of course, cell phones negated that awhile ago.
But let's be real. People that move into the middle of nowhere either have it in them to protect their property, or they don't. The answer to the OP's question is really up to the individual. I'd suggest a mean dog. Otherwise, build an access barrier. Fending in several acres isn't cheap, and a wall is always mountable....but it means you're the hardest target in the area and most hooligans can't be bothered with hard. The ones that do....those are trouble....and you should know exactly what to do then with the police miles and miles away.
No, that's part of the Castle Doctrine law. In Tennessee you could shoot the person in OPs situation, but I would advise against it. Wherever this place is, you could absolutely point the gun at the person and keep it on them until the cops arrive. That's what I would do personally. It does extend to vehicles. We just passed open and concealed carry as well.
No, in Tennessee, you absolutely can’t shoot the person in the OP’s situation.
Quote:
Originally Posted by Ehrmantraut
Trouble with reading comprehension? Again?
This is what I said:
So what part can you not understand?
If a someone is trespassing on private property they are committing a crime. Here where I live there is no way I would face charges if I pointed a gun at nuisance trespassers and waited for the cops to come arrest them. Like I said, the freedom of Southern living is great. I'll say again, since you don't read what I say, I'm not looking for a chance to do this...to pull guns on someone. But I would be well within the law to defend my property with a firearm.
Really? Based on what? I think getting someone, especially a known nuisance cornered dead to rights with a 12 gauge pump shotgun pointed at them for a "half hour" and then arrested...doubt they'd be back to bother the person again. People who own property/real estate have rights, believe it or not. One of those rights is to protect it.
What state do you live in?
Still waiting for you to post up the TN law that allows you to corner and hold trespassers at gunpoint. In fact, I’m begging you to do so. Go ahead, prove me wrong. If you know TN law as well as you claim, this should be easy for you to do.
Well we have a gate, so I call it a gated community. We have no security staff. And the gate only blocks the road; individuals can wade 10 yards into the bushes and go to around the gate (or even just climb over).
I have installed light timers; I think it became predictable after so many years. I also have fake camera heads; apparently no use. I don't have real camera because I did not want to pay the $80/mo ISP fee. Maybe it's time to pony up the money.
$80 a month? I don’t know of any camera that cost $80 a month to subscribe to the storage plan. We have the unpaid versions on most of our cameras, but if I wanted to keep the recordings I would subscribe but it wouldn’t be any more than $10 or so. What kind of cameras were you looking at that you had to pay $80 a month for the subscription? Were you looking at companies like ADP for a whole system or were you just looking at cameras that you can put up on your own?
$80 a month? I don’t know of any camera that cost $80 a month to subscribe to the storage plan. We have the unpaid versions on most of our cameras, but if I wanted to keep the recordings I would subscribe but it wouldn’t be any more than $10 or so. What kind of cameras were you looking at that you had to pay $80 a month for the subscription? Were you looking at companies like ADP for a whole system or were you just looking at cameras that you can put up on your own?
I was referring to the internet service. The one service in our area costs $80 minimum. Isn't that how the camera system broadcast footages online?
I was referring to the internet service. The one service in our area costs $80 minimum. Isn't that how the camera system broadcast footages online?
Yes you need WiFi, I guess unless it’s a hard wired camera. Although this one I found in a minute or two of looking that does not require Wi-Fi so I assume there are more of them:
It probably won’t take you a month to find out who it is though if it’s someone coming on your property regularly. So you could get it for a month and then find out who it is and then get rid of it. I don’t see what the alternatives are since you’re hardly there, unless you’re just going to hide in the house with all the lights off so people think you’re not there and then just stay down there until somebody comes onto your property but it doesn’t sound like a very efficient way of finding out who it is.
Did you forget this gem?
No, in Tennessee, you absolutely can’t shoot the person in the OP’s situation.
Oh tomato/tomahto. I have clearly said "if they pose a threat" about 7 times. You are reaching. I didn't engross myself into every word in this thread, god forgive me. But here is the OP:
Quote:
Originally Posted by RobertFisher
In some rural areas cops are 30 minutes away. In this situation what can a property owner do to hold an intentional trespasser accountable?
Yes, in this situation in Tennessee you can legally kill the person if they pose a threat. You don't seem to get that property owners have rights. Automatically the law is going to be on your side. How hard is this to understand? Again let me stress that I personally am not looking to shoot anyone, but I absolutely would if I had to.
Quote:
Originally Posted by TaxPhd
Still waiting for you to post up the TN law that allows you to corner and hold trespassers at gunpoint. In fact, I’m begging you to do so. Go ahead, prove me wrong. If you know TN law as well as you claim, this should be easy for you to do.
I don't need to cite the law, I know my own state. Why don't you prove me wrong since you care so much? Want the non emergency line to the cops here so you can call and ask them yourself?
But since you mentioned it, a situation actually happened near here about a year ago but the story is even better. There was a nuisance, troubled druggie kid who was coming around here messing with/ransacking/vandalizing cars etc in my surrounding neighborhoods. We all used the Nextdoor app to do what we could to help and finally someone caught him and "cornered him with a shotgun" in the middle of the night while he was running AWAY I might add, and held the gun on him until the cops came. I remember seeing like 10 police cars because I was out late that night coming home, and my buddy who lives in the neighborhood it happens, it was his next door neighbor who did all this and caught the punk.
And listen to this....
.....The good Samaritan neighbor didn't get arrested nor was charged with anything. The idiot kid went to jail and there have been no problems since.
Again, what state do you live in???
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