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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Civil rights NO TRESS PASS Sign.

Customer Question

Civil rights NO TRESS PASS Sign.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The word "trespass" means that a person is somewhere that he does not have a legal right to be. See RCW 9A.52.070. An on-duty police officer would have a right to be on your property, for example, if he was chasing someone who'd fled the scene of a crime, if he had a search warrant, or if he happened to spot illegal activity while walking by (on the sidewalk or on the public road). The officer would not need an appointment in any of those scenarios and would not be considered trespassing if he were to approach your house. It would also be considered lawful for an officer to walk up and knock on your door if they were investigating crime in the area or otherwise acting in the performance of their duties. That's because, in all of those scenarios, the law lets an officer go where he needs to go, so entry onto your land cannot be considered unlawful.

An off-duty police officer has no business on your property without an invitation, and "NO TRESPASSING" signs tell a reasonable person that they do NOT have your consent to be on your property, and that they could be charged with a crime if they enter. Note that, even without a sign, people need your consent to enter your private property - the difference is that the sign makes it very clear that you didn't give consent.

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Expert:  Andrea, Esq. replied 1 year ago.

Hi and Welcome to JustAnswer, I will be glad to Answer your question and find a solution to your problem and the only thing I ask in return is that you leave a positive rating for my Answer so that JustAnswer will give me credit for assisting you. You have already placed a deposit, so leaving a positive rating for me will not cost you anything additional and t is the only way that JustAnswer will give med credit for assisting you, Fair enough ?

Part of your question was cut off, are you asking if the police have a right to enter upon your property without notice to you, or without an appointment ?

ANSWER

If that was your question, then the Answer, unfortunately is yes. I do not agree with this law, but unfortunately, members of the police force have the right to enter upon the property of a property owner bcause their rationale and excuse will always be that they are charged with "protecting the public and their duties do not require them to make an appointment to enter upon our property. This does not give them the right to search our property or even obtain a Search Warrant without "Probable Cause", but during their "routine patrols" they can enter upon our property, check if all the doors are locked, and similar"safety" excuses (Or, what they call "reasons") because in dong so, they are protecting the safety of the public, even where the property owner has posted "No Trespass Signs"

Please let me know if you have any questions and I will be glad to explain further,

If I have Answered your question completely, please be kind enough to leave a positive rating because that is the only way that JustAnswer will give me credit for Answering your question,

Kindest Regards,

ANDREA