LEO Harrasment / Trespass

imported post

According to the DISCOVERY documents that they provided to my attorney, the pics were taken by a police officer.

It is also important to note, the discovery documents do NOT state a complaint was made, rather the officer took the pictures on instructions from the chief. So no complaint, no warrant, and ABSOLUTELY no way to see the trap from the road.

The trap is behind the garage, and the garage is over 100ft from the road. The trap doesn't stick out on any side at all, and did I mention this all is on a 80 acre plot. So I own property 100 feet from the trap going South to the road. I own almost 400yards going in the North, West, and East directions. No possible way to take those pictures without being in my back yard.

I wanted to get a feel from you guys as to thoughts about trespass BEFORE I asked the attorney and looked like an idiot. Based on the information you guys were able to find (thanks by the way) it looks like it could go either way, so I will ask the attorney "Will it hurt our case IF I try to press trespass charges against the officer, as there is NO WARRANT in the discovery documents."

The local ordinance states it MUST be noticeable from the road.

If I sound PO, I am, just not at you guys.

imported post

i don;t know the law on tresspass by a LEO but I doubt that you are going to get too far with that. A lawyer can give you an informed opinion. This unsightly stucture deals usually make me laugh but sometimes the people complaining about them really piss me off. There is a lady near me that lives in what most people would call a shack, raises chickens and rabits, drives a pink jaguar and had a pink caddilac parked under he shed right beside the road that has been the since 1957.

People are always complaining about her and wanting the city to make her clean up her property. Did I mention that she is inside the city and on one of the busiest corners in town? She is also probably one of the two richest people in the county and has more dirt on every politician around than Hillary has on Bill. I laugh at the yankees that move down here and immediately write letters to the paper complaining about her wanting to make her clean up her corner.

Tell the city to go chase thyself, it hidden from the road and not bothering anyone. if there are no restrictive covenants then the heck with them. :cuss:

imported post

"The local ordinance states it MUST be noticeable from the road."

IANAL but I would walk up and down the road with binoculars/camcorder checking to make sure no part of it can be seen from the road. It may be enough if the prick can even see a corner of it from the road. Assuming no part of it can be seen from any road around you, I would consider a counter-suit against the local municipality that employs the officer. It has been my experience that a judge will side with the police and I would rather trust a jury, if you can have a jury for a case like this.

What a way to use your tax dollar.....you're safer than a criminal to deal with.

imported post

Support the 2nd:

Are you sure the issue of your bullet trap is it's structure and appearance? Or is it the fact that it is a bullet trap? The premption statue 66.0409 prevents any political subdivison in the state from adopting firearm ordinances that are not equal or are more strict than State statutes, with one exception. It does allow political subdivisions to enact ordinances prohibiting the discharge of weapons. Do you know if the area you live ln has such an ordinance? Could be just the gathering of evidence in case of "shots fired" calls. I may realy be reaching here, but you have to be sure all the rocks are turned over.

imported post

An example here is that there is an ordinance restricting the firing of anything that shoots a single projectile. No BB guns, rifles, pellet guns, arrows, etc. There is still land to hunt on using a shotgun and it is legal.