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Ill shoot you in the head [video]

mark-in-texas

Regular Member
Joined
Aug 20, 2010
Messages
319
Location
Richmond, Tx
How do you "close" a public road??? Their vehicle liscense fees paid for that road, they're partial owners of it! How can you be charged with trespass on property YOU own?
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
How do you "close" a public road??? Their vehicle liscense fees paid for that road, they're partial owners of it! How can you be charged with trespass on property YOU own?
Generally, we put up signs here in Georgia. I imagine most states do it similarly.
FEMA_-_34717_-_Road_closed_sign_and_barricades_in_West_Memphis,_AR.jpg

ALV12082106598_xgaplus.jpg

Road%20Closed.jpg
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
How can one be trespassed from public property? Where were the victims? The only way he was getting his gun back was by having a CPL? What a jack ass.
 
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mikeyb

Regular Member
Joined
Feb 19, 2013
Messages
554
Location
Bothell
How can one be trespassed from public property? Where were the victims? The only way he was getting his gun back was by having a CPL? What a jack ass.

The other video linked in youtube shows the secondary squad that shows up after the stop. To get to where the bikers were, you had to go through the "Road Closed" signs. Some portions of the road were torn up, only gravel. I think this is in an industrial area as well.

RCW 47.48.040
Penalty.

Except as provided under RCW 47.48.060, when any state highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm, or corporation disregarding such closing or reduced speed limit shall be guilty of a misdemeanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The other video linked in youtube shows the secondary squad that shows up after the stop. To get to where the bikers were, you had to go through the "Road Closed" signs. Some portions of the road were torn up, only gravel. I think this is in an industrial area as well.

I understand the RCW but not the constitutionality behind it......(there is none)... public property is or isn't public property, If I live on other side and were walking shouldn't I have the ability to take the quickest shortest path to my house?
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
What state did this take place?

IMO I do not see how a trespassing charge would stick, but in some states it is against the law to disregard a traffic control device, such as driving through a parking lot to not stop at a red light. A charge similar to that would probably stick. I agree that you cannot be trespassing on public property whether it is a open road or not.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Tukwila wa

This should be the appropriate charge:
46.61.050
Obedience to and required traffic control devices.

(1) The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter.

(2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.

(3) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(4) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

[1975 c 62 § 18; 1965 ex.s. c 155 § 7.]
 

mikeyb

Regular Member
Joined
Feb 19, 2013
Messages
554
Location
Bothell
I understand the RCW but not the constitutionality behind it......(there is none)... public property is or isn't public property, If I live on other side and were walking shouldn't I have the ability to take the quickest shortest path to my house?

When the sidewalk is closed because they are building a new driveway on it, or widening it, do you think you have the right to continue on, disregarding the signage, because it's "public property"?

The legislature has the right to create laws to preserve public peace, heath or safety.

Article II, WA Constitution:
(b) Referendum. The second power reserved by the people is the referendum, and it may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions, either by petition signed by the required percentage of the legal voters, or by the legislature as other bills are enacted: Provided, That the legislature may not order a referendum on any initiative measure enacted by the legislature under the foregoing subsection (a). The number of valid signatures of registered voters required on a petition for referendum of an act of the legislature or any part thereof, shall be equal to or exceeding four percent of the votes cast for the office of governor at the last gubernatorial election preceding the filing of the text of the referendum measure with the secretary of state.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
When the sidewalk is closed because they are building a new driveway on it, or widening it, do you think you have the right to continue on, disregarding the signage, because it's "public property"?

The legislature has the right to create laws to preserve public peace, heath or safety.

Article II, WA Constitution:

Not all signs are binding, many are warning/beware of hazard signs. I would imagine this is the case with signs for danger in most states. To carry force of law I would think road closed signs must articulate "road closed". Unless a sign designates "no trespassing" I see no way a trespass charge could stick, and even then on private property I doubt it would stick.

The OP did not mention sidewalks, but could you post the charge they would incur for walking on a closed sidewalk?
 

mikeyb

Regular Member
Joined
Feb 19, 2013
Messages
554
Location
Bothell
here's some more legal info:

US vs. Grace
There is little doubt that, in some circumstances, the government may ban the entry on to public property that is not a "public forum" of all persons except those who have legitimate business on the premises. The government, "no less than a private owner of property, has the power to preserve the property under its control for the use to which it is lawfully dedicated." Adderley v. Florida, supra, at 385 U. S. 47. See Cox II, supra, at 379 U. S. 563-564.
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
here's some more legal info:

US vs. Grace

They can certainly ban entrance to secure areas, but what charge would be used in the case of walking on a sidewalk under construction?

I also suggest YOU read US vs Grace.
 
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