SouthernBoy wrote:
A question for LEO 229.
What about if a police officer stops his vehicle at the curb in front of my house, or drives up onto my driveway, then gets out of the vehicle and approaches me on my property. Since this is my property, I assume I can tell him to get back into his vehicle, or back out on the street, until he disarms.. right? I mean, my prorperty rights supercede his authorization, and privilege, to enter my property.. is this correct.
This is not a smart-ass or trick question in any way. Just one which I have wondered about from time to time. For the record, I have a fine working relationship with our town's police and have only once in my life ever had an altercation with an officer. That was in Arlington and he was a motorcop and frankly, an a-hole. I won the verbal fight and I'm sure he didn't care for that, but too bad. All other encounters, which have been relatively few, have been respectful and uneventful.
Never had anyone try to kick me off their property while conducting an investigation or traffic stop. I have had people pull into their driveway too during the stop.
Any person can park in front of your house at the curb on the highway. Your property stops at the edge of the sidewalk and you do not own the sidewalk or the curb. You are required by law to keep the sidewalk clear of snow in the winter. Go figure. But you cannot require people to disarm there.
Thestate code for trespassing identifiesthat the police can enter upon your land and remain if they are there for a lawful purpose. So you cannot force them to leave or disarm.
If you think about it... if someone beat up a spouse and the police show up to investigate... The homeownercould tell them to leave or have them charged for trespassing.
§
18.2-119. Trespass after having been forbidden to do so; penalties.
If any person
without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof,
after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof,
or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen,
or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued
pursuant to §§
16.1-253,
16.1-253.1,
16.1-253.4,
16.1-278.2 through
16.1-278.6,
16.1-278.8,
16.1-278.14,
16.1-278.15,
16.1-279.1,
19.2-152.8,
19.2-152.9 or §
19.2-152.10 or an ex parte order issued pursuant to §
20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.
This section shall not be construed to affect in any way the provisions of §§
18.2-132 through
18.2-136.
