LEO Question on driving thru a parking lot......

[CHCRandy]

Ticket? What makes you think he would write you a ticket? If the County Fair Board doesn't want people driving through their property, who do you think enforces that and under what law? The local LE are enforcing trespass laws. The fact that it is taxpayer funded is meaningless in terms of trespass.

Don't you have to be warned in some way to be trespassing?

 

[Whosyer]

The sign says "no through traffic". Stop, eat a sammich, then leave. Simple.

 

[HoughMade]

Don't you have to be warned in some way to be trespassing?

You mean like a sign forbidding thru traffic?

 

[Denny347]

Don't you have to be warned in some way to be trespassing?

The stop was the warning. The warning COULD be in the form of a sign as well.

 

[Fargo]

You mean like a sign forbidding thru traffic?

IMO it is a bit of a stretch to say that a no through traffic sign is a denial of entry. You actually don't violate the rule until you exit the property on the other side so I'm having a really hard time saying there's been some sort of criminal trespass.

Ticket? What makes you think he would write you a ticket? If the County Fair Board doesn't want people driving through their property, who do you think enforces that and under what law? The local LE are enforcing trespass laws. The fact that it is taxpayer funded is meaningless in terms of trespass.

Off the top of my head, there is a decent bit of case law that does create different rules for criminal trespass on public property versus private property. I know if at least one case where a conviction was thrown out because the police officer did not have authority to trespass from a public park.

 

[CHCRandy]

IMO it is a bit of a stretch to say that a no through traffic sign is a denial of entry. You actually don't violate the rule until you exit the property on the other side so I'm having a really hard time saying there's been some sort of criminal trespass.

Now that you mention it....the young man did wait until I exited the lot onto the county road to light me up. But to be honest, I don't even think the sign was up, and I know for sure the barricade was not up......since they were having the gun show. But when he asked if I knew why I was being pulled over I told him I figured it was for cutting through the lot. He was a super nice guy though.....

 

[PGRChaplain]

Several years ago due to construction a street was closed. An adjacent Alley made a convinent Detour. Only problem was the LEO Writing Tickets for "Using an Alley as a Thoroughfare". Yes, it's an Antique Law in Ft. Wayne.......... I guess the Alley is for Residents and Trash Trucks only.

 

[Expat]

Several years ago due to construction a street was closed. An adjacent Alley made a convinent Detour. Only problem was the LEO Writing Tickets for "Using an Alley as a Thoroughfare". Yes, it's an Antique Law in Ft. Wayne.......... I guess the Alley is for Residents and Trash Trucks only.

Man, that had to tick some people off. Never even dreamed that could be illegal. I take alleys occasionally.