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05/01/07, 03:52 PM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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Quote:
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Originally Posted by ZealYouthGuy
I think I will start another thread about the legalities of "No Trespassing". As stated, I see one of those signs and I wouldn't visit, BUT I think many of the people on this board are under the wrong impression as to what the law says trespassing constitutes. Off to start a new thread.
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No wrong impression Bob. Here is a direct quote from the Ohio statute (pay close attention to sections 3 and 4) :
Sec. 2911.21. (A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(E) As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
There is also a separate part of the code that addresses trespass while hunting. You can also nose around other sections that talk about trespassing while armed as well as causing damage while trespassing.
Mike
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05/01/07, 04:14 PM
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Join Date: Oct 2006
Location: lat 38° 23' 25" lon -84° 17' 38"
Posts: 3,051
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Ask them if they've ever posed nude. Regardless of the answer ask if they want to.
__________________
"Only the rocks [and really embarassing moments] live forever"
"When in the Course of human events it becomes necessary for one people to dissolve the political bands..." tick-tick-tick
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05/01/07, 04:37 PM
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..where do YOU look?
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Join Date: Jan 2005
Location: northcentral WI
Posts: 3,918
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answer the door naked... it only takes once
__________________
When faced with issues in life, where do you look for the problem; out the window, or in the mirror?
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05/01/07, 05:02 PM
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AFKA ZealYouthGuy
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Join Date: Oct 2004
Location: NW Pa./NY Border.
Posts: 11,453
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Quote:
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Originally Posted by Mike in Ohio
No wrong impression Bob. Here is a direct quote from the Ohio statute (pay close attention to sections 3 and 4) :
Sec. 2911.21. (A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows he the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(E) As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
There is also a separate part of the code that addresses trespass while hunting. You can also nose around other sections that talk about trespassing while armed as well as causing damage while trespassing.
Mike
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I know what the law says, my point is that I believe the courts ruled that the public entry to your land/house is what determines "reckless" entry. I never really thought on in much since I don't make a habit of trespassing, but the 9th district court (that wonderful court) ruled in 1964:
Absent express orders from the person in posses-
sion against any possible trespass, there is no rule of
private or public conduct which makes it illegal per
se, or a condemned invasion of the person's right of
privacy, for anyone openly and peaceably, at high
noon, to walk up the steps and knock on the front
door of any man's `castle' with the honest intent of
asking questions of the occupant thereof-- whether
the questioner be a pollster, a salesman, or an officer
of the law.
and then the other cases that tried to argue that a fellow HAD a sign up basically said:
Contrary to Friedli's claims below and on appeal, prior to entering
the home the detectives were in a place that was impliedly open to the
public. The easement road provided access to and was shared by four other
residences. There was no closed gate or other barriers, no 'No
Trespassing' sign at the entrance to the easement road, and no fences
around Friedli's individual property. Further, the officers did not
deviate from a direct route to Friedli's residence in employing a
legitimate 'knock and talk' based on a tip from his landlord. Although the
trial court did find that Friedli probably had a 'No Trespassing' sign on a
tree in his yard, it found that the officers did not see it.7 The
existence of such a sign by itself does not withdraw permission to enter
access routes to a house or other portions of the curtilage impliedly open
to the public.8
If you have a gate/fence it moves that "door" for knock and talk, but a no trespassing sign doesn't automatically mean people can't "knock and talk".
I am not arguing what the Ohio code or any state code says, I am just saying that everyone should be aware of what the federal laws have deemed from president.
So to me it seems as if Agmantoo's answer is the best and most correct.
Otherwise a direct face to face "don't come back" looks like it's the best bet. But personally I think the majority of people would pay attention to the "no trespassing" signs. (those coming to knock on your door I mean)
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05/01/07, 05:57 PM
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Banned
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Join Date: Jul 2006
Location: S.E. Ks.
Posts: 5,942
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Most who try to spread the word are doing what they feel the Lord has guided them to do , theres no need to be rude to anyone reguardless.
No I have not always been a nice person . There was a time I took great sadistic pleasure in chasing people off. I was younger dumber and much ruder.
These days if someone comes to the door to "spread the word" I nicely listen to them and explain my beliefs. If they become insistant I will ask them to answer two questions. when they cant its pretty much over.
Off topic PBS ran a good series on the LDS church the other night
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05/01/07, 06:35 PM
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Join Date: Oct 2004
Location: Western WA
Posts: 4,729
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Quote:
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Originally Posted by WindowOrMirror
answer the door naked... it only takes once
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If I did that I'd likely get brought up on visual assault charges....
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05/01/07, 06:39 PM
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Join Date: Oct 2004
Location: Western WA
Posts: 4,729
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Quote:
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Originally Posted by ZealYouthGuy
If you have a gate/fence it moves that "door" for knock and talk, but a no trespassing sign doesn't automatically mean people can't "knock and talk".
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Yep, and that is the absolute beauty of a locked gate, preferably at the end of longish driveway. Pretty hard to hear them knocking form that far away.
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05/01/07, 06:46 PM
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Join Date: Mar 2003
Location: Ohio Valley (Southern Ohio)
Posts: 3,868
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Quote:
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Originally Posted by PyroDon
Most who try to spread the word are doing what they feel the Lord has guided them to do , theres no need to be rude to anyone reguardless.
No I have not always been a nice person . There was a time I took great sadistic pleasure in chasing people off. I was younger dumber and much ruder.
These days if someone comes to the door to "spread the word" I nicely listen to them and explain my beliefs. If they become insistant I will ask them to answer two questions. when they cant its pretty much over.
Off topic PBS ran a good series on the LDS church the other night
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Part II of that same series is on tonight.
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05/01/07, 06:52 PM
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Join Date: Mar 2003
Location: Ohio Valley (Southern Ohio)
Posts: 3,868
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Quote:
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Originally Posted by Jillis
I think the JW's put a mark on our door in NY. The NY JWs were all very aggressive and had attitudes. We just know the Word too well for them to use their methods on us. Never come back after one visit.
We have Mormons and JWs here, they are all mostly very nice folks. They don't come back after you let them know you are happy the way you are. We have some good friends that are JWs. The Mormons are super nice but they seem "off" somehow. They just seem brainwashed, always wanting to talk about the 12 prophets and it sounds so memorized.
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Brainwashed? What the heck does that mean? Are all kids who are raised in Christianity, Islam, or Judaism "brainwashed" because they can recite doctrine and sing "Jesus loves me" or yell "God is good" in Arabic? Are American kids "brainwashed" because they recite the pledge of allegence? 
"Brainwashed" is relative ya know?!
(And it's actually the 12 apostles. There've been a lot more than 12 prophets.)
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05/01/07, 07:33 PM
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Registered Users
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Join Date: Jun 2005
Location: missouri
Posts: 5
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I have a friend how had the same problem. He marked off his porch with police tape, threw a bunch of their tracts all over the porch, laid down on the porch and had his kids mark out the body outline in chalk and then poured some ketchup on the outline. They never came back again.
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05/01/07, 07:40 PM
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Join Date: Feb 2003
Posts: 383
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Quote:
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Originally Posted by Mike in Ohio
Common civility went out the window when the person decided to ignore my "no trespassing" signs. If the person had been in an accident and was seeking assistance I would be a bit more understanding.
A total stranger presuming that my "no trespassing" signs were not intended for them because they feel like pushing their religion is pretty insulting to DW and myself. It doesn't matter what their religion is. What they are saying (by their actions) is that despite our expressed intentions (by posting the signs), they are going to do what they want on our property regardless of our wishes.
Go ahead and call 911 if you choose. You will have to explain why you passed multiple sets of "no trespassing" signs and ignored them. You will be providing the evidence to have you charged with trespassing. What part of private property don't you (they) understand?
Common civility demands that if someone posts their property you respect it.
Mike
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Well gee Mike.... like I said... there's NO excuse for meaness. I understand the defination of private property very well and do respect posted property. Brownthumb's property is not posted. I don't care how many signs a person has put up, being met with a gun and a threat does make bad press for those of us who choose to act responsibly with our fire arms. Might be better if YOU called 911...........lynpea
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05/01/07, 07:47 PM
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Join Date: Mar 2003
Location: Ohio Valley (Southern Ohio)
Posts: 3,868
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Quote:
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Originally Posted by missouri dave
I have a friend how had the same problem. He marked off his porch with police tape, threw a bunch of their tracts all over the porch, laid down on the porch and had his kids mark out the body outline in chalk and then poured some ketchup on the outline. They never came back again.
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Now that is absolutely the silliest thing I've ever heard.
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05/01/07, 07:57 PM
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Join Date: Dec 2006
Posts: 1,245
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This is one way that worked well for a friend of mine:
She was a "stunning" blonde with a sharp mind. She was also a bit of a "cut-up" and a recent divorcee. She was a "top-quality" all-lines insurance agent in the same company that I worked for.
One Sunday her doorbell rang and she answered it in her robe overtop her negligee.
The "young preacher boys" (in their 20's) traveled in pairs, but only one went to the door. He said his "spiel" and she said she wasn't interested.
"But, surely," he replied, "there is something you are interested in?"
She opened her robe and said, " Right NOW, I'm interested in a Man!"
She said that he ran for the car!
Ha-Ha !
true story...
I guess that works pretty good with them fellas (wouldn't have worked with me!)
Ha-Ha,
Bruce
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05/01/07, 07:59 PM
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Join Date: Nov 2006
Location: Sauk County, WI
Posts: 318
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Quote:
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Originally Posted by Jillis
A funny thing happened to a friend of ours. My dh led this 23 yo girl to the Lord, and she started coming to our Pentecostal church.
Her bf didn't like the Pentecostal church, and talked her into trying a local Baptist church.
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Q: What is the difference between Baptists and Methodists?
A: The Baptists won't say hi to each other in the liquor store.
__________________
-Paul
"If women don't find you handsome, they should at least find you handy." -Red Green
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05/01/07, 08:26 PM
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Big Bird
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Join Date: Jul 2004
Location: Pell City, AL
Posts: 2,171
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Quote:
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Originally Posted by Ford8N
Q: What is the difference between Baptists and Methodists?
A: The Baptists won't say hi to each other in the liquor store. 
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eh...I'm tired from reading all this. How about some more thread drift?
Here's the way I heard the joke...
Jews don't recognize Christ as the Messiah.
Protestants don't recognize the Pope as the leader of the church.
Baptists don't recognize each other at the liquor store.
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I'm back...for now.
Last edited by DayBird; 05/01/07 at 08:40 PM.
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05/01/07, 08:26 PM
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Join Date: Dec 2006
Posts: 1,245
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Speaking of religious "denominations".........
What is a "Unitarian-Universalist" ?
Answer:
An Agnostic that never got out of the habit of "going to church".
I've been to Unitarian-Universalist churches, and found them not only interesting, but enlightening, although quite different one to the other.
oh well,
Bruce
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05/03/07, 08:39 AM
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Join Date: Aug 2002
Posts: 1,795
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when we lived in Alva, Oklahoma, we had some JW come to the door....my pomeranian was in the house barking her crazy head off.....so I tried to scoot out the door to visit with them and tell them that we are Baptist and very comfortable where we were.....well the crazy pom snuck out the door and was barking and bristled at them....the lady says "does he bite?" and I answered truthfully...."she never has but I cant gaurantee that she wont"
they beat a hasty retreat and never came back....felt kinda bad that they were scared of my little Sweet Pea
Rachel
__________________
If at first you dont succeed.....click undo
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05/03/07, 01:22 PM
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Join Date: May 2005
Location: In the state of Liberty and Freedom I create.
Posts: 132
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Quote:
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Originally Posted by lynpea
<snipped> I don't care how many signs a person has put up, being met with a gun and a threat does make bad press for those of us who choose to act responsibly with our fire arms. Might be better if YOU called 911...........lynpea
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I see. So what you are saying is no matter how many "No Trespassing", "Do Not Enter", "No Hunting, No Fishing, No Trapping", "No Unauthorzied Personnel" and other signs someone puts up to indicate in as strongly as can be politely worded ways as possible that they do not want someone on their property they are not to respond to what they perceive as a threat with armed resistance?
I am guessing you haven't had criminals come onto your property who most certainly did not take words as having the authority to get them to leave. And calling 911 in my area is county goverment sponsored dial-a-prayer. They ended up going to the morgue after multiple gunshot wounds were inflicted by me after they pulled guns on me (they were meth addicts who were looking for things to steal and sell for their habits). I have a very GOOD reason to not meet a stranger unarmed. The only thing that has changed is that I carry a larger caliber firearm now.
Yes, someone as the freedom to express thoughts through speech. Others also have the right to not have to listen to said speech. To save the time of the speaker, many post their property in a general sense to cover many different situations where someone might think they have the right to come onto the property without expressed permission. After a time, when politeness and manners seem to not get the point across, more aggressive actions are often needed.
I have threatened to CS spray a few missionaries of the JW persuasion when after two separate polite requests to not come back they returned for a third time. They finally got the message then, but only after I had the CS dispensor aimed at them and said if they came back for a fourth time I would make them into human sacrifices (not that I would but it got their attention).
All I wanted when I moved to my land was to be left alone unless I left the boundaries of it to seek out company with other folks. I have learned that nice does not get the point across most of the time around here. Neither does using words as the only means of defending yourself.
__________________
Those who refuse to respect the natural rights of the individual and uphold their oath to protect and defend the Constitution deserve the punishment they receive.
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05/03/07, 01:40 PM
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Join Date: Sep 2003
Location: Missouri, Springfield
Posts: 1,733
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Originally Posted by lunagardens
We live on a dead end road and receive the "flyers" all the time. I spray painted in gold, a Wiccan pentagram on the shed side towards the road- for a totally different reason. One morning I saw their van pull in & park at the roads beginning as I headed out to feed the animals. I was standing in the pen with the goats when the group was on their way back towards their van. One of the children they had with them said "what about this house?" The woman said "no not that one. We do not go to those houses".
I also have a grapevine wreath which I placed on the front door. It has a 5 point star made into it with sticks- makes it look like a pentagram.
I no longer get visits or flyers.
I wonder why?
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I'm going to have to try that. Thanks for the idea
__________________
"Let the beauty we love, be what we do. There are hundreds of ways to kneel and kiss the ground." Rumi
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05/03/07, 02:52 PM
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alias mullinaxclan
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Join Date: Feb 2006
Location: Western Washington state
Posts: 184
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Originally Posted by Sbrock
I'm a bit disappointed at the number of "meet them at the door with a gun" comments. As a gun owner myself, I would never consider such a thing. Yes, I keep the gun nearby in the even of an intrusion, but not in hand for a Witness. You wonder why people fight for Gun Controls? Look at the images you are putting out there. Didn't mean it that way? Go back and read what was posted... Think about how that sounds to someone who doesn't know any better.
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Thank you ! As a gun owner and avid hunter/outdoorsman(woman), I was disturbed at the number of responses of "meet them with a gun". They are not hostile people and actually they are only doing what they believe God would have them to do. Two pleasant young men stopped here last night and just chatted, invited me to church and offered to help with anything I needed done last night. When I came back in DH asked me why I didn't run them off. They're the age of our daughters and pleasant. I wouldn't want people gretting my kids with guns when they go on mission trips. Sigh! I guess I tend to be a more responsible gun owner and choose to reserve my weapons for actual self defense. Are religious witnesses that much of a threat to some of you?
Glo
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