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breach private property locked gate?

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BajaMar

Guest
What is the name of your state? Calif.

Last night two sheriffs defeated my locked driveway chain by lifting it up and driving up my long driveway. I asked them about how they did that and they lied and said they came up a different way.....there IS NO different way and I watched them leave and do the same.

They threatened to arrest me for stealing a neighbors dog (which is really MY dog) and told me they were going to search my house and any RV vehicles or any structure on my property to search for dog.

I told them they needed a search warrant to do that and they said no they don't. However, they did not open any doors.

My primary question is if they have the right to breach my locked driveway gate on a 'suspicion" of dognapping?

If this was not legal, what is my recouse?
 


HomeGuru

Senior Member
BajaMar said:
What is the name of your state? Calif.

Last night two sheriffs defeated my locked driveway chain by lifting it up and driving up my long driveway. I asked them about how they did that and they lied and said they came up a different way.....there IS NO different way and I watched them leave and do the same.

They threatened to arrest me for stealing a neighbors dog (which is really MY dog) and told me they were going to search my house and any RV vehicles or any structure on my property to search for dog.

I told them they needed a search warrant to do that and they said no they don't. However, they did not open any doors.

My primary question is if they have the right to breach my locked driveway gate on a 'suspicion" of dognapping?

If this was not legal, what is my recouse?
**A: next time shoot them for tresspassing.
 
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BajaMar

Guest
Ha Ha!!! You're funny ! Unfortunately this is not funny for me, it's serious or I wouldn't have taken the time out to post.
 
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hexeliebe

Guest
I love HG's reply, but you can always electrify the fence also....be sure to post "This fence is Electrified against unlawful entry by the Police. If you would like entry, please contact the social secretary at xxx-xxxx for an appointment."
 
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BajaMar

Guest
I guess concerning this board, the old adage is appropriate.....

"advice is often worth what you pay for it"
 
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hexeliebe

Guest
Last night two sheriffs defeated my locked driveway chain by lifting it up and driving up my long driveway.

The above quote from your original post is why I find the situation so funny. Why? Because your drive was either locked or it wasn't. No one can 'defeat' a lock simply by lifting up on the chain.

You have the right to buy a stronger chain, installing a gate with lock, electrifying the fence or any number of other suggestions to keep anyone out.

Then, if the police want to come onto your property without a warrant, they will have to telephone you to come talk with them or destroy the gate in which case you will have proof of their deeds.

At the present, you have no proof.
 
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BajaMar

Guest
I'm a senior citizen lady, weight: 104 pounds. I wasn't aware that two large male officers could work together to lift my chain up high enough to manuver their vehicle under it. The point is, what the F*** do they think it's there for? A puzzle to try and work around? What's so funny about that?
 
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hexeliebe

Guest
Then if you fail to see the humor in the situation march right down to the police station and file a formal complaint. Or go to the city attorney to file your complaint. Another avenue is the Mayor's office (or City Administrator) or wait until the next city council meeting and bring it up when new business is disucssed.

Otherwise, I have given you the options that I would employ.
 

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