Illegal Search

[jasm]

What is the name of your state (only U.S. law)? MI

If my property is posted with no trespassing signs, is it legal for anyone to come on my property? or do the signs make a difference? The signs haven't made much difference for some people including the police, who came to my house and started wandering through my back yard. I'm not sure what they were looking for, but whatever it was they didn't find it. Either way, I don't feel that they had any right to trample my flower beds on their way to snoop around my back yard. Isn't it an illegal search if they come on my property and start searching around without permission or a warrant?

 

[CdwJava]

What is the name of your state (only U.S. law)? MI

If my property is posted with no trespassing signs, is it legal for anyone to come on my property? or do the signs make a difference? The signs haven't made much difference for some people including the police, who came to my house and started wandering through my back yard. I'm not sure what they were looking for, but whatever it was they didn't find it. Either way, I don't feel that they had any right to trample my flower beds on their way to snoop around my back yard. Isn't it an illegal search if they come on my property and start searching around without permission or a warrant?

A lot depends on where the signs are, where the people went, and what did they do?

If someone is on your property and they don't belong there, call the police. If it WAS the police, ask them why they are there and if they have a warrant, and then make it clear they don't have your consent to be on the property. If they keep searching and they find any evidence, if it is an unlawful search it can be suppressed and you MIGHT have a claim against them. If the police are there searching and don't find anything, and you don't think they had probable cause to be there, you can start interviewing attorneys. But, without any real damages, a lawsuit could be costly for no real award at the other end.

 

[justalayman]

What is the name of your state (only U.S. law)? MI

If my property is posted with no trespassing signs, is it legal for anyone to come on my property? or do the signs make a difference? The signs haven't made much difference for some people including the police, who came to my house and started wandering through my back yard. I'm not sure what they were looking for, but whatever it was they didn't find it. Either way, I don't feel that they had any right to trample my flower beds on their way to snoop around my back yard. Isn't it an illegal search if they come on my property and start searching around without permission or a warrant?

In MI for there to be trespassing you must give notice to others that entry upon your land is considered trespassing. Proper signs or specific notice is what is required under the law. Once notice is given, any person entering the land without legal authority to do so is trespassing.

750.552 Trespass upon lands or premises of another; exception; violation; penalty; "process server" defined.
Sec. 552.

(1) Except as otherwise provided in subsection (2), a person shall not do any of the following:

(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

(2) Subsection (1) does not apply to a process server who is on the land or premises of another while in the process of attempting, by the most direct route, to serve process upon any of the following:

(a) An owner or occupant of the land or premises.

(b) An agent of the owner or occupant of the land or premises.

(c) A lessee of the land or premises.

(3) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.

(4) As used in this section, "process server" means a person authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or supreme court rule to serve process.

Unless the police had some legal authority to enter your property, (such as a warrant) what they did was quite likely illegal. Especially because they "looked around" your back yard, the almost assuredly required a warrant, or at least probable cause PLUS a claim of exigency. Because it was the police not only is there a trespassing issue but several other rights violations as well. I suspect nobody will give a damn since nobody really cares about the rights of the citizens of MI or the US for that matter and you will be promptly ignored by any person of authority.

 

[Zigner]

Food for thought...

What if the "something"that the police were looking for was a fugitive who they were actively pursuing?

I would suggest that the OP put a claim in with the police for any damage that was caused, although it really doesn't sound like there was any.

 

[justalayman]

Food for thought...

What if the "something"that the police were looking for was a fugitive who they were actively pursuing?

I would suggest that the OP put a claim in with the police for any damage that was caused, although it really doesn't sound like there was any.

that might give them legal authority (depending on the situation and facts)


and the damages, if there was no legal authority to enter the property is beyond valuation as it would be the rights of the resident of the property that were involved, no, even worse; it was the rights of every person in our country, but since the law and courts put a null value on those rights, paying to be told you were wronged is a tough road to follow.

 

[davew128]

What if the "something"that the police were looking for was a fugitive who they were actively pursuing?

Richard Kimble isn't walking through that door and neither is Andy Dufresne.

 

[latigo]

What is the name of your state (only U.S. law)? MI

If my property is posted with no trespassing signs, is it legal for anyone to come on my property? or do the signs make a difference? The signs haven't made much difference for some people including the police, who came to my house and started wandering through my back yard. I'm not sure what they were looking for, but whatever it was they didn't find it. Either way, I don't feel that they had any right to trample my flower beds on their way to snoop around my back yard. Isn't it an illegal search if they come on my property and start searching around without permission or a warrant?

What you need is concertina, a junk yard dog and a shrink!

 

[Just Blue]

Richard Kimble isn't walking through that door and neither is Andy Dufresne.

Richard was cleared of his crime and Andy is still on the lamb.

 

[davew128]

Richard was cleared of his crime and Andy is still on the lamb.

Wow you really went out on a missing limb with that one.

 

[justalayman]

Richard was cleared of his crime and Andy is still on the lamb.

that poor lamB



but if he is on the lamb it would mean he is more or less stationary so how long he remains on the lam is likely to be short.

 

[Just Blue]

that poor lamB



but if he is on the lamb it would mean he is more or less stationary so how long he remains on the lam is likely to be short.

 

[FlyingRon]

Crawled through a river of poop and came out clean on the other side. Why he chose enchilada night I will never know.

 

[jasm]

What you need is concertina, a junk yard dog and a shrink!

The officer pulled his gun on my dog and threatened to shoot her. I called her onto the porch and he holstered his gun. I don't think he had any right to pull a gun on my dog, since my dog would not have approached him if he was not trespassing in the first place.

 

[jasm]

In MI for there to be trespassing you must give notice to others that entry upon your land is considered trespassing. Proper signs or specific notice is what is required under the law. Once notice is given, any person entering the land without legal authority to do so is trespassing.



Unless the police had some legal authority to enter your property, (such as a warrant) what they did was quite likely illegal. Especially because they "looked around" your back yard, the almost assuredly required a warrant, or at least probable cause PLUS a claim of exigency. Because it was the police not only is there a trespassing issue but several other rights violations as well. I suspect nobody will give a damn since nobody really cares about the rights of the citizens of MI or the US for that matter and you will be promptly ignored by any person of authority.

They had no warrant, nor good cause as far as I can tell. From your reply I believe that I was correct in assuming that he had no right to be there or to search my property. The damages were minimal, though I feel that I should file a claim to try to get reimbursed for damages. This is more on principle than an actual money issue. I'm not sure how to go about this, but I'm sure that you are right though that nobody will care about my rights.

 

[CdwJava]

The officer pulled his gun on my dog and threatened to shoot her. I called her onto the porch and he holstered his gun. I don't think he had any right to pull a gun on my dog, since my dog would not have approached him if he was not trespassing in the first place.

Well, since he didn't SHOOT the dog, it's a moot point. Frankly, I am likely to point a gun at a dog that I feel might become a threat to me simply because they are fast, small (smaller than a person), and a lunging animal is harder to hit than a person so I'd want to give myself the added half second or so to save myself the possibility of grave injury.

The issue of them being there in the first place is a question we cannot answer because we don't know why they will say they were there. Any evaluation of the 4th Amendment requires an evaluation of all the pertinent facts, and we don't have the other half so no reasonable evaluation can be made here. If you feel you have a claim against the agency, speak to some attorneys and see how much it will cost you to roll the dice. I strongly suspect that absent any real damages, the cost will far outweigh any potential award.