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Maverick
Maverick, Attorney
Category: Legal
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Experience:  13+ years experience in litigation and business law;
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I was issued a citation for trespassing. The property was not

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I was issued a citation for trespassing. The property was not marked in any way. I walked from BLM property onto private. There were not any markings, signs, boundaries, of any kind. The officers stated that there were not, as well, in their report. I know in the hunting synopsis, it states the law regarding trespass. What has to be present to be regarded as a trespass. The officers seen there were no signs, or markings of any kind, yet they issued me a citation, 5 days after I had been on the property unknowingly. I entered and left without seeing anyone. The judge dismissed the citation. My question is, can I come back on the officers that issued me the citation. They saw it did not qualify for a trespass, yet they issued a citation any way. It took my time for arraignment. Trip to the court house. Plus it ruined my hunting trip. Seeing that the property was not posted, and knowing it has to be, in order to write a citation. Can the officers be held accountable?
Submitted: 5 years ago.
Category: Legal
Expert:  Maverick replied 5 years ago.

The police officers are generally protected from liability under a theory of governmental immunity for discretionary acts done within the scope of their duty. Decisions relating to when and how to arrest a suspect, for example, are discretionary. It is necessary only to show that an officer reasonably believes that a violation of a law is in progress, even if it is later shown that the officer was mistaken.

 

As to hugging your wife, that was uncalled for and unprofessional. It should probably be reported to his supervisor by filing a formal written complaint.

Customer: replied 5 years ago.
The oregon law states that to be a legal trespass, the ground must be posted, or a boundary must be visible. In this case there is nothing. The officers stated that they didn't see any signs, markings of boundaries. Yet they issued a citation any way. If there was no law broken, how can they still issue a citation? Isn't that making up law. I don't quite understand how they can do that, without some kind of recourse. I thought they were suppose to know the law.
Expert:  Maverick replied 5 years ago.

From what you are saying, it would appear that he had no reasonable basis upon which to rely to issue a trespass citation. But then that leads to an inquiry as to how he knew you were out there. If he just met you by happen stance and issued the permits, he very well may have acted without reasonable belief that a violation of the law was in progress. However, if the owner of the land called him out there and told him you were tresspassing, the officier may have what would qualify as a reasonable basis even if the owner failed to post boundary markers. You got a shot at it, but it is not clear cut when it comes to a discretionary issue analysis and if his fellow officers testify that he acted reasonably as experts in the field, you may have to find a counter expert. It just depends on how much you want to spend to teach the guy a lesson.

 

 

Customer: replied 5 years ago.
To answer your question. The officers came into camp,and wanted me to show them where I had went. So I did. I didn't think I had done anything wrong. They didn't know themselves when I had shown them, they came back a day later. After they had taken their readings back to their office, so they could determine for sure if it was a trespass or not.There wasn't anything there to tell me I couldn't or shouldn't go where I did. But I did get the citation dismissed. My question is, can I go back onto the officer for writing it to begin with? Because he seen where I went and knowing the law, to write the citation at all, and put me through it all.The law says the property has to be posted in order to prosecute. The property wasn't posted but I got cited any way. It just seems there should be some type of recourse.It just seems to me like getting a speeding ticket for going 55 in a 55. I wasn't breaking the law, according to the law, but got a citation any way.
Expert:  Maverick replied 5 years ago.

If you want you can sue the officer for negligence, intentional infliction of emotional distress, invasion of privacy, and reckless conduct. There is also a tort cause of action for wrongful / false arrest. I have not found anything for a wrongful citiation. These are potential civil remedies that you have. All of these civil causes of action are subject to the pit falls of governmental immunity defense that I discussed with you earlier.

 

Please click "Accept" so that I may get credit for my work. We can continue our conversation after that at no additional charge.

Maverick, Attorney
Category: Legal
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Experience: 13+ years experience in litigation and business law;
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