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Life hack: Don't like police, think they are #ACAB... easy solution. You can tresspass anyone, including police. Use a FOIA request, get the list of all police for your district, and issue a tresspass warning preemtively for all of them.
Now if they step foot on your property (without a warrant) it is a criminal and arrestable offense. Obviously they can still come on your land in an emergency without a warrant (exigent circumstances it is called). But if they try to violate your rights, you have a much stronger case to have them jailed.
@freemo Yeah sounds wise as all job types might try it on in some way.
Often proving those in power are in the wrong after the fact is problematic so maybe filming them and yourself giving them the trespass 'order' *might* help... though suggesting to film others is maybe not the first things but something I'm trying to solve theoretically as usually wouldn't
but when officer's opinion of what happened are believed more than civilian's in court (again another tactic in them trying force their way in or being too nosey) it's hard to prove things and was thinking in the same way 'how to solve if they said this happened or put their foot in the door etc'.
How to solve that?
@freeschool the problem is a tresspass warning must be issued by a cop... when they are invading your home they are likely to likewise refuse to address the tresspass issue. However if you preemtively file a tresspass warning against them then they are already criminal the moment they step onto your property.
@freemo Wondering if one could hand officials / officers a piece of paper - like anti- trespass template made by us ready for any household ready to print or online that could be handed to them? #law #protection #civil #prevention #methods
Therefore they would be 'serve' the official to some degree since we individuals also have the power of law. This could be a good preventative / pre-empted thing to have ready printed or online site since it happens more and more... ?
Even to write in the blanks the the officers name or number
Thoughts from anyone welcome or those inside law...
@neil
Im not a law expert, the fine nuance is beyond me. Frankly im not sure what recourse you could take to tresspass an officer if other officers refuse to take your request. Let alone something you can do at the scene.
I am tempted to record a video and go to the police station and ask "If i give you an arbitrary list of names without any further details, would you be willing to official register a tresspass warning so they wont be allowed".
Then when i get them on recording saying yes (as this is fairly normal) id love to see them try to weasels out of it when they get a list of every person in their own precinct. Just the reaction alone would be priceless.
Can't you just arbitrarily trespass anyone at any time? You just need to explicitly say that someone is trespassing as I understand it.
Im sure there is some exception, but ive seen the tresspass process by watching a lot of lawyer videos that analyze police interactions (a fun past time of mine) and I think i have a decent understanding.
Simply saying someone is trespassed isnt enough. First they must tell you to leave, if you leave then you cant be id'ed or get the actual official tress pass warning. If the cops get there and they witness you being asked to leave you must be given the chance to leave, if you do they cant ID you or issue the tresspass warning, but should you come back at any time they will issue the tress pass warning, it is not criminal to come back though.
Once you have the tresspass warning then if yous tep ont he property again you go to jail and face criminal charges.
Also a cop can not trespass you, the owner must initiate it. A cop also can not solicit a trespass (that is request of the owner to trespass someone).
That said in some states you can preemtively trespass someone, other states you cant.
It still sounds like a citizen can trespass a cop on the fly though, no?
In theory sure... but the cop would have to be willing to actually issue himself a tresspass warning. HE probably wont in the heat of the moment.
@freemo @realcaseyrollins hehe "issue a warning to self" that would be true justice :) and a way to make 'systems' of people better processes since it can be occasionally conflicting if there is more than one law and one law has more priority than another other law (so "issuing to self" could be a way to flag that!)
Kinda nice for a complaints department or true just system to review this flags or flagged issues
(rather than in commercial systems use it to design by-passes or hide flagged problems even more somehow).
It hits home when it comes to the root of the problem really... Police clearly play by different rules and have different laws than the rest of us. Thats what happens when you have qualified immunity and prosecuting illegal activity is entirely at their discretion.
Also keep in mind, its still better to do it before hand for other reasons.
If you trespass an officer once he already has his foot in your door and refuses to leave. He will probably make an excuse like "oh he was acting aggressive, or he looked like he was in distress".. but if he is pre-emptively trespassed he commits a crime the second he steps foot on your property before he even gets near the house. So his usualy excuses fall thin. Moreover if he is a n idiot (as many cops are) and tries to use those excuses anyway they wont be valid in court in the pre-trespass case. Since he needs a exigent circumstance **before** stepping on your property, otherwise he can come up with one after the fact.
@freeschool Just a thought i had when watching cop videos where cops **very often** will knock on a door without a warrant and then refuse to leave the property and wedge their foot int he door to stop you from shutting it.
You cant obviously use force to get them out (wihout getting your ass killed)a nd i was wondering about what you could even do to assert your rights safely and legally. Then I realized a cop without a warrant can be tresspassed the same as anyone else. So as long as you formally tress pass them it is **criminal** for them to be on your property.