Have you heard about the ‘property forfeiture’ law which states that the police can keep, seize or sell your property until you provide all the documents that shows you are the rightful owner?
This policy undoubtedly gives the cops and other law enforcer the chance to seize people’s properties without handing it over to them because they couldn’t produce the required files and documents that confirm they are the rightful owners.
This explains why people no longer want to see police around their properties but the question is: “do citizens have the right to tell cops to get off their properties?” Well, read on to discover the answer and other important things to know.
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Can you tell cops to get off your property?
Yes, you have the legal right to tell cops to get off your property if they don’t have a search warrant from the court.
Unfortunately, you can’t explore this right at all times because some situations require right’s infringement for cops to deliver a great job.
For instance, cops will never respect your right if you are a suspected criminal. They will forcefully take your phone for investigation even without your consent or search warrant.
They won’t regard your opinion or wait for your approval before touching your property if you are guilty of any offence.
Again, your efforts to stop cops from reaching your property will be futile if you don’t have any evidence to prove you’re the legal owner.
Under what circumstances can I tell the police to get off my property?
The first circumstance in which you can tell the police to get off your property is if you haven’t broken any law. You must ensure you aren’t guilty of any offence or charges before telling the cops to leave your property.
Though the cops might want to argue with you initially, they will eventually give in if you maintain your stand and they didn’t find any charges against you.
Another circumstance condition is if they don’t intend to touch personal details without a search warrant. This situation allows you show your displeasure in their activity by telling them to stay off your property.
You can’t tell police officers to stay off your when no documents or certificates are backing your claim. Hence, another circumstance in which you can tell the police or other law enforcement officers is when you possess all the files portraying you as the legal owner of the property.
Do No Trespassing Signs Keep The Police Off Of Your Property?
“No trespassing” signs don’t keep the police off of your property in most cases, although it works effectively in a few conditions.
Though it might have some effect on ordinary neighbors, it does not affect police activities or actions around your properties. Police officers will encroach your property featuring the “no trespassing” signs if they have legal reasons for his actions.
Legitimate reasons like chasing after a fleeing suspect, having a search warrant, investigating the status of the property, or carrying out orders from his superior all leave the policeman with no option but to step on the property regardless of the sign or message you placed on it.
However, you are at liberty to explore the right to privacy and seclusion of individuals if a policeman enters your property without legitimate legal reasons despite the edible “no trespassing” signs.
You can sue him in court for invading your privacy, and you stand a bright chance of winning the case because he infringes your right to privacy for no legal reasons.
Unfortunately, it’s difficult to know when a policeman steps on the property if you don’t keep a close tab on the property. This is why it’s advisable to be active in observing things happening around you as it makes you more security conscious.
Likewise, you should learn to criticize and report the police whenever they carry out unlawful or unnecessary police activities.
This will go a long way in ensuring that the police and other law enforcement agencies respect the people’s civil rights when and where necessary.
How can I legally keep the police from entering my property?
It might be a bit difficult to legally keep police from entering your property if they have the warrant or they are in any of the situations mentioned above.
The best way to stop police from entering your property is to give them no reason to enter your compound or property in the first place. Don’t involve in crime, don’t be a friend of criminals, obey rules and regulations, and you will be fine.
Meanwhile, other ways to prevent the police from invading your privacy without permission include:
Building a fence around your property: This means they must seek your indulgence before gaining access to the property.
* Hire a security man to watch over the property: Here is another option because the security man will prevent the cops from accessing the property without your intervention.
* Become friends with one of the local judges: This might sound hilarious, but it works wonders. Become friends with one of the local judges with who you can swiftly intervene whenever police try to bundle their way into your property without an arrest or search warrant.
It’s easy to become friends with judges. Invite one or two judges as special guests to your events. Treat them well, honor, and discuss with them and exchange contacts with them.
Call them and appreciate them for honoring your invitation, ensure you keep reaching them until they finally love being in your company.
Can I have police officers charged with trespassing after coming onto my Property
You can charge police officers with trespassing for reaching your property for no lawful reasons. You have the legal backings and right to charge the police officers with trespassing if they intentionally invade your property or privacy to cause trouble.
However, don’t be eager to take such legal action to avoid losing the case. Instead, take your time to find out why they are on your property despite the “no trespassing” signage.
Request for a search warrant and ask them a series of questions to be sure they don’t possess all the lawful reasons before suing them in court.
Unfortunately, you have a slim chance of getting any compensation from the police officers because you might not win the case. It is very rare to see a court penalize police officers for such a ‘minor’ case.
The police could even say they are acting in the public interest, thereby influencing the judge’s decision or rule in their favour.
It is a bit difficult to see civilians win against police officers if it doesn’t involve murder, great injuries or life-threatening cases.
However, this shouldn’t discourage you from pressing charges against them if you’re certain they don’t reach your property without lawful reason.
How to charge someone with trespassing
Having discussed charging police officers with trespassing and your winning chances, let’s see how you can charge ordinary citizens or neighbours with trespassing.
First, you must know that you can’t charge anyone who trespasses unless they choose to remain on your property after a series of warnings.
You can also charge anyone with trespassing if they damage (or intend to) any facility on your property.
You are advised to report any of the situations to the police officers and they will pick it up from there. The police will ask for the time, venue and day the accused committed the trespassing offence.
They will equally demand the person’s image, identity, and other details or files that would serve as evidence. They will follow up the case until it gets to court — if that is what you desire or want.
Sources
https://lawblog.legalmatch.com/2014/10/14/can-a-trespassing-sign-keep-police-away/
https://lawrina.com/blog/how-to-charge-someone-with-trespassing/