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Trespassing Or Not?


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Someone told me that you can't be arrested for trespassing (even if there's "no trespassing" signs posted) unless the property owner personally confronts you and asks you to leave the property and you refuse. I typically obey posted "no trespassing" signs, but I found this interesting.

Edited by trailpuppy
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Well you can always plead ignorance and claim you did not "see" any sign. That way you would have to have someone tell you "this is private property you must leave" it would be at that point you have been made aware of it and would need to go. So I guess its true to some degree that someone can't just walk up, slap some cuffs on you and take you to jail.

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different states have different laws. in my home state of N.C. different counties have different laws regarding trespassing. it behooves you to become knowledgeable regarding the laws in your state and any local ordinances regarding trespassing. i know for sure in north carolina you don't necessarily even have to see the land owner to be cited for trespassing. -harry

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A well maintained fence is usually a clue.

 

Personal property like farm or yard equipment is another.

 

The business end of a shotgun might also be an indication.

 

Claiming ignorance of where you are might get you a pardon, but tresspassing is tresspassing.

 

Besides, who told you this, Donny Baker?

Edited by BlueDeuce
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The land belongs to someone. If it is privately, then you are trespassing. Ignorance is no excuse.

"Excuse me, but you are not permitted to ride a quad in a state park." "I didn't know I was in a state park." Duh, you are supposed to know where you are! There isn't anywhere to ride a quad legally within two miles. (And that's on private property with the permission of the owner.)

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Most of the signs around here say "Trespassers will be prosecuted to the full extent of the law." I have seen people get arrested on the spot for it. If there's a sign, it's criminal trespassing if you're caught. It was also a problem before with people using that excuse while hunting, so now we get to look at no trespassing signs every 20' on some roads. It looks great, and it's all because people cheat the system.

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