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Got no trespassing ticket...what are my rights??

Discussion in '1973-1991 K5 Blazer | Truck | Suburban' started by breyon55, Sep 3, 2001.

  1. breyon55

    breyon55 Registered Member

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    Location:
    Fremont, Ca Northern Cali
    today I decided to take my truck out to a well know mudding spot here in the bay area out by the salt flats. well I was turning around on what looked like a solid piece of soil when the front end sank and part of the rear followed. After a few attemps of tryin to reverse the truck out it sank some more. When we were driving back to the end of the driveway in another vehicle to get help here comes johnny law from the US fish and game department. He says we can be arrested on site and have our vehicles impounded. Heres the kicker though. We were on Morton Salts property..does he have jurisdiction on property that is not ran by the us fish and game department? He also took the diskette out of my digital camera w/o asking( i had taken 2 pictures of the truck stuck), searched everyones trucks w/o asking consent, took our pictures for his so called investagation and the only NO TRESPASSING signs were on a fence about a mile away. Im already on probation for Illegal street racing and want to know if he can just do this kinda thing on property that is not run by the fish and game service. After about 4 hrs I finally got the truck unstuck and drove it home..can someone kinda fill me in on this. Does there have to be no trespassing signs in plain view of all entrances to private property because in the last 3 years this is the first time of being ticketed. thanks for everyones input.
     
  2. Pugsley

    Pugsley 1/2 ton status

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    OK - USFG has absolutely zero jurisdiction on private property on paper. Taking the diskettes, and searching without reasonable cause is wrong, and there should be no reason for an officer to take your pictures without being under arrest, I'd get ahold of a lawyer ASAP!! Make sure that everyone there who witnessed this isues a statement too.

    1 tequila 2 tequila 3 tequila Floor
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  3. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    My understanding on it is if Morton Salt as already given Fish &amp; Game rights to go threw there propierty then they can give you a ticket. But if Morton Salt as not given permission then they can't. As for the search. I was fishing up in Burlingame about 10 years ago. I had 2 poles in the water. One for bait and one a surf pole. I got a ticket for 2 poles in the water. If I had been over about 15 feet and on the pier it was legal. But where I was at it wasn't. The guy searched my car and said he already had probable cause. He also said that if I didn't let him do his job that he was going to take my poles and through them in the water. It seems to me that Fish &amp; Game is above the normal law. My ticket cost me $251.00 and there was nothing I could do about it...Dan

    If it ain't broke.......Don't fix it....
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  4. Grim-Reaper

    Grim-Reaper 3/4 ton status Author

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    Pugsly has it dead on! You are a victim of illeagle search and seizure and you have had your civlil rights violated by a offical that was not within his juisdiction and did not aprise you of your rights before dooing so. If it had been a county cop/sheriff acting on complaints by the owners of the property that properly informed you of your rights and either had your permission to look in your trucks or secured a warrant to do so. Regardless that disc if he took it you should have been given a recipt of it's seizure and you should have signed a consent to search the vehicle. It is in admissable as evidence if you bring that point up. Without those they have no case and if the property was not properly posted no Trespassing at the enterance to the area. Get a lawyer.

    It's not my damn planet monkey boy!
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  5. Seventy4Blazer

    Seventy4Blazer 3/4 ton status

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    i am sorry to say but pugsley, you are wrong. in the state of Cali they take your picture for anything but minor traffic Violations. dont ask how i know, but i do. as for the tresspassing deal, talk to the land owner and ask if your were fine being there. hey may have called them on it. if he did you are screwed. if not then they are screwed. have him go to court ethier way. or see if you can ask him to drop charges. as for the signs, did you enter a gate, fence, or anything of the sort? if so you are screwed.
    now when it comes to taking your stuff and going through your rides, he had cause. he is searching for items you may have poached. great cause in my eyes. i love my animals and other animals more than i do my Blazer.
    Grant

    1974 Chevy Blazer Cheyanne. but it is on 33's now, with saggy old springs. i am in Yuma Arizona if ya got any parts for me.
     
  6. Pugsley

    Pugsley 1/2 ton status

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    Something still sounds screwy here - <font color=blue>LasVegas</font color=blue> is a lawyer, and he's offered free advice to CK5ers - email him at douggusteven@aol.com He should be able to help clear this up.

    1 tequila 2 tequila 3 tequila Floor
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  7. 77Blazer

    77Blazer 1/2 ton status

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    74... they didnt take a picture... they took the disk that he had taken with pictures on it THATS A BIG NO NO! Also about loving animals more than your blazer maybe you should sell it and get a f*rd.

    350, sm465, NP205, 14 Bolt w/Detroit locker(465 ratio), Dana 60 465(sold for school money), 38.5 swampers
     
  8. POWERMAD

    POWERMAD 1/2 ton status

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    UMM ya might wanna reread his post again.
    <blockquote><font class="small">In reply to:</font><hr>

    He also took the diskette out of my digital camera w/o asking( i had taken 2 pictures of the truck stuck), searched everyones trucks w/o asking consent, took our pictures for his so called investagation

    <hr></blockquote>


    <font color=green> Too bad ignorance isn't painful </font color=green>
     
  9. Seventy4Blazer

    Seventy4Blazer 3/4 ton status

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    as for taking the disk being a no no did you ever think of why the signs are there? maybe it is to mask something that is not intended to be see. maybe he should have asked to see what was on the disk first. but he didnt.

    as for my animals, they are my family. ask this question to my wife and she will say the same thing. i dont talk about your or your ways. dont say to me, [censored] YOUR FAMILY FOR YOUR TRUCK. when you raise a child it is a big deal. well i dont have any children so to speak. my pets are my children. i have raised them as you or anyone else does a child. i didnt offend you. dont offend me.
    it is a simple idea and it works great in my life.

    i feel he got what he deserved but at the same time i feel it was a bit harsh. i have been in the same position before. but i am able to talk my way out of things. i have been to court more times for little reas and big. only to walk out with a smile on my face every time. when it comes to law i can find loop holes easier than a lawyer can most of the time for petty crimes and offenses. especialy when it comes to traffic court. i know i could get him out of this with a warning if i KNEW ALL THE FACTS. not just his side of the story.
    if those are sent to me then i will be more than glad to help.
    Grant

    1974 Chevy Blazer Cheyanne. but it is on 33's now, with saggy old springs. i am in Yuma Arizona if ya got any parts for me.
     
  10. Leadfoot

    Leadfoot 1/2 ton status Premium Member

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    I don't know about your particular situation, but I do know EPA enforcement officers have more authority than State Police (at least in Massachusetts). They can search on any public or private lands without asking permission from the landowner first (although it is common courtesy for them to ask ahead of time).

    See my rig at <a target="_blank" href=http://coloradok5.com/gallery/Leadfoot>http://coloradok5.com/gallery/Leadfoot</a>
     
  11. Mreetz

    Mreetz 1/2 ton status

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    From my time in real estate, EPA supercedes any ownership authority, especially wet lands. They can pretty much do whatever is needed to protect them. I doubt they can take or search anything they want tho, they were probably pretty frustrated at what happened and got carried away. These guys don't make all that much money.

    1984 K-5
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  12. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    As for the local law here in CA, the cops need to get the word from the property owner for tresspassing and the property owner has to file the charges. As for the federal officers, I'm not for sure. But, if you fight the trespassing then the search should be declared illegal. I doubt the feds work the same way, but here in this town, if an officer has a complaint filed, they investigate to the ends of the earth.

    Bubba Ray Boudreaux,
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  13. txbartman

    txbartman 1/2 ton status

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    From my past experience, if it is posted no trespassing anywhere, you are probably going to have to eat the ticket. With a good lawyer, you may be able to get off with just court costs, but it will cost you one way or another. I do agree with contacting the land owner. If for no other reason than to bring this to their attention. And I would take it to court. Again, even if it doesn't benefit you, it should cause them to have to post there signs better which will protect others. This court appearance should involve the landowner since they are responsible for posting the signs.

    Finally, as far as taking your digital camera's disk, I think they are definitely wrong here. I mean, it was no trespassing. Where do they get the idea that your memory card for your camera should be confiscated?!? Especially if they never even veiwed the images first. Did he give you any receipt or sign anything for the possessions he took? I would definitely make sure this is confronted in court to get a justification. I believe he did go overboard here.

    I do have a question... how do you know there was a no trespassing sign posted? Did he show it to you, or were you aware of this? I believe that anyone that ventures into territory marked as no trespassing for any reason (outside of an emergency) knowingly should be prosecuted. I mean, think if that was your land! Did anyone ever think that the reason it may be listed as no trespassing was to protect the owner from frivilous lawsuits?!? If it wasn't posted and you went out, hit some soft land (as you did) and lost your truck, or severly damaged it, or even worse got someone hurt, you could sue the landowner. And in this day and age of frivilous lawsuits, I wouldn't put it past anybody.

    If you didn't know, then its an honest mistake and shoudl eb confronted in court. If you did know or at least knew it belonged to someone else and knew you didn't have their permission, then you should be punished. Why do you think we 4x4s get such bad reputations?

    One final comment, I believe that poachers should be prosecuted fully and then some. Or those who unnecessarily abuse our lands and/or our wildlife. I grew up traversing this great land of ours in campers and with a backpack. And I am enjoying showing it to my children. And I have no tolerance for ANYONE that is disrespectful of our surroundings. I believe all of our great natural assets can be respectfully enjoyed by all. And abuse WILL NOT BE TOLERATED!

    Respect each and their own.

    Brian
    Click to see <a target="_blank" href=http://tx85gmcguy.alloffroad.com> My 85 Jimmy </a>
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  14. Cmoe

    Cmoe 1/2 ton status

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    You are touching on the finer points of the law here. If your passing thru privite property to go off road then they don't need to have a "No Trespassing" sign. As for your pitcure being taken, they can take your pitcure. By searching, did he get inside or look thru windowsfirst And did you have anything covered? Did you ask him why he was taking the disk? If you had refused (the search, the photo, and/or the vehical search) then you would have been arested!


    C'moe

    <font color=black>the blazer is "Back in Black"
     

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