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How to keep police/government off private property?

 
Anonymous Coward
User ID: 69888383
United States
09/01/2015 03:31 PM
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How to keep police/government off private property?
So we've seen this..at the Boston Marathon Bombing manhunt, and right now during the manhunt for the suspects that killed the cop outside of Chicago..police violating private property during their manhunts in pursuit of the suspects.

Background: We have 40 acres, heavily wooded, with thick underbrush on some steep/rolling hill terrain. There is a 1/2 mile long limestone driveway, heavily wooded on both sides. The house sits almost center of property. This is in a relatively rural/slightly suburban area. The house is not viewable from anywhere off of the property.

I read this: [link to blogs.lawyers.com]

It states "Traditionally when it comes to police knock and talk cases, courts have relied on the reasonable expectation of privacy standard laid out in the 1967 Supreme Court opinion in Katz v. United States — absent a warrant or emergency circumstances, investigations can’t intrude on what a person would reasonably believe to be private from the general public. So the cops can approach a door and have a consensual conversation with a person, but they can’t enter the house without permission from either the resident or a judge"

"The Supreme Court added a new test in the 2012 decision United States v. Jones, holding that the Fourth Amendment blocks warrantless government intrusion on private property. In this year’s opinion in Florida v. Jardines, the court further clarified that law enforcement could go where the public has implied license to tread even on private property, such as to approach the front door of a house."

"However, there were some methods to keep the cops at bay. “They looked for other ways for the person to manifest their expectation of privacy, like a locked gate, a call box for a person to call in, or a sign with a telephone number. Guard dogs with signage to give notice to their presence,” Shoebotham says. “Only in those sort of cases would a person have evidence that law enforcement should not enter to do a knock and talk. Short of that it was difficult to evidence a legitimate expectation of privacy.”


I already have no trespassing signs on the driveway. The neighbors have signs along most of the property border. Obviously it would be prohibitively expensive to fence the whole 40 acres (or Hesco Barrier =p). My plan right now is a steel cable vehicle arresting "gate" that can be stretched across the driveway. Some other things I've read state that this does NOT imply pedestrians cannot access. They can simply walk around believe it or not. So on either side of the vehicle gate, maybe 50 feet of chain link into the thick woods, ending at a 45* angle with a sign with something to the effect of "Imminent danger or serious bodily injury or death past this point"

What do you all think?
Anonymous Coward
User ID: 70215306
United States
09/01/2015 03:34 PM
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Re: How to keep police/government off private property?
I'd just walk over the cable.
Anonymous Coward
User ID: 68328097
United States
09/01/2015 03:37 PM
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Re: How to keep police/government off private property?
Electric fence? Be sure to post a sign so no one gets hurt.
Anonymous Coward (OP)
User ID: 69888383
United States
09/01/2015 03:37 PM
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Re: How to keep police/government off private property?
I'd just walk over the cable.
 Quoting: Anonymous Coward 70215306



"the court further clarified that law enforcement could go where the public has implied license to tread.."

Was relying on this ^. Would be arguable in court. At least they couldn't get a vehicle down. Not doing anything illegal..just like my privacy and personal property rights. Yes..i know..we don't own..we only rent..property taxes and such.
Anonymous Coward (OP)
User ID: 69888383
United States
09/01/2015 03:43 PM
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Re: How to keep police/government off private property?
More anecdotal evidence:

"The manner in which a fence or barrier is constructed may also be relevant in
determining privacy expectations.41 A homeowner who surrounds his home with an
electrified chain link fence topped with razor wire could make a good case that he
reasonably expected privacy. On the other hand, a white picket fence or a chain hanging
between two posts would not be viewed as a serious effort to prevent entry. "



"For example, in U.S. v. Reyes42 a probation officer went to Reyes’ house to investigate
a report from the DEA that Reyes, a probationer, might be growing large quantities of
marijuana. When no one answered the front door, the probation officer walked down a
gravel driveway along the side of the house to see if Reyes was in the backyard. There
was a “chain hanging from two posts across a portion of the driveway” but it “did not extend the full width of the driveway.” While walking along the driveway, the probation
officer spotted marijuana plants on Reyes’ property.
In ruling that Reyes could not reasonably expect that visitors would not walk along
his driveway, the trial court said, “Although there was a chain to prevent vehicles from
entering the driveway, there were no signs forbidding pedestrian access. [Furthermore]
the driveway was not secluded in any manner. The driveway led to the street and could
be viewed in its entirety from the street.” Thus, the court ruled, “In these circumstances,
there was nothing inappropriate, much less unconstitutional, about the probation
officers’ entry onto the driveway . . . ”


[link to le.alcoda.org]





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